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<br />" .(.' <br /> <br />. " <br /> <br />~() -j ()606 -j r "';3/27/90 ():..:): 45 Pi-'" f:;~EI~II._ E:'( TE F:ECCiF.:DS <br />F1640 CH~.~OTTE HOUSTON BOULDER CNTY~O RECORDER <br /> <br />9-1 <br /> <br />AGREEMENT <br /> <br />The Colorado Water Conservation Board ("Board"), an agency <br />of the State of Colorado, and the City of Boulder ("Boulder"), <br />a ColoradO municipal corporation, in consideration of the <br />mutual eromises contained in this document, agree as follows: <br /> <br />RECITALS <br /> <br />A. The Board is the owner of a 15 cubic foot per second <br />("c.f.s.") instream flow water right to maintain a minimum <br />stream flow to protect the natural environment to a reasonable <br />degree in that segment of the mainstem of Boulder Creek in <br />Boulder County from the Public Service Company's hydroelectric <br />plant outlet at Orode11 (NE 1/4, SW 1/4, Section 34, .Township 1 " <br />North, Range 71 West of the 6th P.M.) to thG 75th Street Bridge I <br />(SW 1/4, Section 13, Township 1 North, Range 70 West of the 6th _ <br />P.M.) (the "specified reach"), which water right (the "1974 <br />right") was decreed on January 21. 1980, in Case No. W-7636-74, <br />with an appropriation date of October I, 1973. The Board is <br />also the owner of a water right for 1.0 c.f.s., originally <br />decreed to the G. Berkley Ditch, appropriation date June l, <br />l862, decreed in BOUlder County District Court on June 2, l882, <br />and changed from irrigation to instream flow purposes in Case <br />No. 79CW308 on May 13, 1981 (the "Berkley Ditch right"). <br /> <br />B. Pursuant to section 37-92-102(3), C.R.S. (1989 SUPP.), <br />the Board is vested with statutory authority to acquire, by <br />contractual agreement, such water, water ri'ghts, or interests <br />in water as the Board determines may be required for minimum <br />stream flows to preserve the natural environment to a <br />reasonable degree. <br /> <br />C. The Board determined and the court decreed, in <br />connection with the filing of the application for the 1974 <br />right, that the natural environment in the specified reach can <br />be preserved to a reasonable degree with a stream flow of l5 <br />c. f. s. <br /> <br />D. Boulder acknowledges that, under Colorado law, no <br />person or entity other than the Board shall be granted a decree <br />adjUdicating a right to water or interests in water for <br />instream flows in a stream channel between specific points for <br />any 'purpose whatsoever. <br /> <br />E. Boulder wants to assist the Board in maintaining <br />instream flows in the specified reach at times when the Board's <br />two decreed instream flow rights as described in paragraph A <br />above do not yield 15 c.f.s. As part of its Raw Water Master <br />Plan dated September 15, 1988, approved by the Boulder City <br />Council on December 20, 1988, BOUlder committed itself to the <br />goal of maintaining instream flows of up to l5 c.f.s. in the <br />specified reach. <br /> <br />2294EW <br />