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<br />I <br /> <br />~0ii8739'7 OS/27/92 09:25 AM REAl_ ESTATE RECORDS <br />F1735 CHARLOTTE HOUSTON BOULDER CNTY CO RECORDER <br /> <br />SECOND ADDENDUM TO AGREEMENT <br />AND ASSIGNMENT <br /> <br />This Second Addendum to Agreement and Assignment is made and <br />entered into by and between the Colorado Water Conservation Board <br />("Board"), an agency of the State of Colorado, and the City of <br />Boulder ("Boulder"), a Colorado municipal corporation, <br /> <br />RECITALS <br /> <br />A. The Board and Boulder entered into an agreement on July <br />20, 1990 (hereinafter the "July 20, 1990 Agreement") and a first <br />addendum to agreement on December 14, 1990 (hereinafter the "First <br />Addendum"). The July 20, 1990 Agreement appears of record in the <br />office of the Boulder County Clerk and Recorder under Reception No. <br />01060612. The First Addendum appears of record in the office of <br />the Boulder county Clerk and Recorder under Reception No. 01078866. <br /> <br />B. The July 20, 1990 Agreement and the First Addendum <br />provide for the conveyance by Boulder to the Board of certain water <br />rights ("conveyed water rights") for use by the Board to maintain <br />instream flows in that segment of. the mainstem of Boulder Creek <br />described in paragraph A of the July 20, 1990 Agreement ("specified <br />reach"), subject to a reservation by Boulder of the right to use <br />water available under the conveyed water rights for municipal <br />purposes under certain circumstances. The July 20, 1990 Agreement <br />further provides for the assignment by Boulder to the Board of the <br />right to use certain stored water for use by the Board to maintain <br />instream flows in the specified reach under certain circumstances. <br /> <br />/ <br />'}.?, <br />./ <br />! <br /> <br />C. Boulder desires to assist the Board in maintaining <br />instream flows in the following segments of North Boulder Creek and <br />Boulder Creek upstream of the specified reach: <br /> <br />1. That segment of the mainstem of North Boulder Creek <br />in Boulder County from the Silver Lake Diversion Structure (NW1/4, <br />NWl/4, Section 34, Township 1 North, Range 73 West of the 6th P.M.) <br />to the Lakewood Reservoir North Boulder Creek Inlet ("Lakewood <br />Inlet") (NE1/4, SE1/4, Section 1, Township 1 South, Range 73 West <br />of the 6th P.M~) ("North BOUlder Creek specified reach"); and <br /> <br />2. That segment of the mainstem of North Boulder Creek <br />and the mainstem of Boulder Creek in Boulder County from the <br />Lakewood Inlet (NE1/4, SE1/4, Section 1, Township 1 South, Range 73 <br />West of the 6th P.M.) to the Public Service Company's hydroelectric <br />plant outlet at Orodell (NE1/4, SW1/4, Section 34, Township 1 <br />North, Range 71 West of the 6th P.M.) ("North Boulder Creek/Boulder <br />Creek specified reach"). <br /> <br />D. Subject to the terms of this Second Addendum to Agreement <br />and Assignment, Boulder will assign to the Board the right to use <br />certain stored water and water available to the conveyed water <br />rights to maintain instream flows in the North Boulder Creek <br />