Acquisition Agreements

• Case Number: 1-90CW193A
• Stream Name: Boulder Creek
• Watershed: Boulder Creek
• Water Division: 1
• Water District: 6
• County: Boulder
• Instream Flow Acq - Doc Type: Contracts, MOA/MOU, Leases, Agreements

~0i078866 ./i7/90 1i :55 AM REAL ESl E RECORDS
Fi654 CHARLOTTE HOUSTON BOULDER CNTY CO RECORDER

5 -\

FIRST ADDENDUM TO AGREEMENT

This First Addendum to Agreement is made and entered into by
and between the Colorado Water Conservation Board ("Board"), an
agency of the State of Colorado, and the City of Boulder
("Boulder"), a Colorado municipal corporation,

RECITALS

A. The Board and Boulder entered into an agreement on
July 20, 1990 (hereinafter the "July 20, 1990 Agreement"). The
July 20, 1990 Agreement appears of record in the office of the
Boulder County Clerk and Recorder under Reception No. 01060612.

B. The July 20, 1990 Agreement provides for the conveyance
by Boulder to the Board of certain water rights for use by the
Board to maintain instream flows in that segment of the mainstem of
Boulder Creek descr ibed in paragraph A thereof (" specif ied reach") ,
subject to a reservation by Boulder of the right to use water
available under the conveyed water rights for municipal purposes
under certain circumstances.

C. Boulder owns certain additional water rights that it
desires to convey to the Board under the same terms and conditions /
as are set forth in the July 20, 1990 Agreement. The additional ~~
water rights to be conveyed are currently decreed for irrigation /'
purposes, but not for municipal purposes or instream flow use. The
use of these additional water rights and the water by the Board for
instream flow purposes will require water court approval of various
changes of water rights.

CONVEYANCE OF DIRECT FLOW WATER RIGHTS

1. Subject to such rights as are reserved by Boulder
pursuant to paragraphs 2, 3 and 4 of this First Addendum to
Agreement and further subject to the provisions of paragraphs 7
through 23 of the July 20, 1990 Agreement, Boulder shall convey to
the Board the following descrioed water rights (the "conveyed water
rights") :

Anderson Ditch, 2.4781 shares, 25 cfs total decreed,
appropriation date of October 1, 1860;

Smith and Goss Ditch, 9.4 shares, 44.3 cfs total decreed,
appropriation date of November 15, 1859; and

MCCarty Ditch, 2.0 shares, 5.0 cfs total decreed,
appropriation date of June 1, 1862.

"

All of the
irrigation by
June 2, 1882.

above water rights
the District Court

were originally decreed for
in and for Boulder County on