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<br />S-f <br /> <br />EXHIBIT A <br /> <br />DEED <br /> <br />This Deed is made this 1'1"" day of /);('.L.mM1----- , 1990 <br />by the City of Boulder, Colorado, a Colorado municipal corporation <br />(hereinafter "Boulder"), to the Colorado Water Conservation Board, <br />an agency of the State of Colorado (hereinafter the "Board"). <br /> <br />Subject to reservations hereinafter contained, Boulder hereby <br />conveys for due and sufficient consideration all of its right, <br />title and interest in the fOllowing-described water rights (the <br />"conveyed water rights"): <br /> <br />Ar.derson Ditch, 2.4781 shares, 25 cfs total decreed, <br />appropriation date of October 1, 1860; <br /> <br />smith and Goss Ditch, 9.4 shares, 44.3 cfs total decreed, <br />appropriation date of November 15, 1859; <br /> <br />McCarty Ditch, 2.0 shares, 5.0 cfs total decreed, <br />appropriation date of June 1, 1862. <br /> <br />All originally decreed for irrigation by the District Court in and <br />for Boulder County on ,June 2, 1882. <br /> <br />The Board shall use the described water rights solely to <br />maintain an instream flow not exceeding 15 cfs in the specified <br />reach of the mainstem of Boulder Creek in Boulder County from the <br />Public Service Company I s hydroelectric plant outlet at Orodell <br />(NE1f4 SW1f4, Section 34, Township 1 North, Range 71 West of the <br />6th P.M.) to the 75th Street Bridge (SWlf4, Section 13, Township 1 <br />North, Range 70 West of the 6th P.M.) (the "specified reach"). The <br />conveyance of the foregoing water rights is subject to the <br />following reservations by Boulder: <br /> <br />a. Boulder reserves the right to use water available under <br />the conveyed water rights for its municipal purposes in <br />the event of extraordinary drouth conditions or of <br />emergency conditions involving the loss of water to its <br />municipal system as a result of catastrophic events (such <br />as failure of conveyance or treatment facilities); <br />provided, however, that extraordinary drouth conditions <br />or emergency conditions shall be deemed to exist only if <br />Boulder has implemented a conservation program in <br />response to such drouth or emergency which significantly <br />restricts lawn watering and other outdoor uses and only <br />if Boulder has diverted and used the full amount of water <br />available under all of its direct flow water rights other <br />than the conveyed water rights; <br /> <br />b. Boulder reserves the right to use water available under <br />the conveyed water rights for municipal purposes at any <br />