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<br />'r <br /> <br />( <br /> <br />( <br /> <br />9-;J.. <br /> <br />F. Subject to the terms of this Agreement, Boulder will <br />convey by deed to the Board certain water rights for use by the <br />Board to maintain instream flows in the specified reach. said <br />conveyance to be subject to a reservation by Boulder of the <br />right to use water available under the conveyed water rights <br />for municipal purposes under certain circumstances relating to <br />extraordinary drouth or emergency conditions in its municipal <br />water supply, as more fully described in paragraph 2a below. <br />In addition, Boulder will. at its discretion, assign to the <br />Board its right to water stored in its reservoirs. <br /> <br />G. The water rights to be conveyed and the water rights to <br />be assigned are currently decreed for municipal and other <br />purposes. but not for instream flow ~se. The use of the water <br />rights and the water by the Board for instream flow purposes <br />will require Water Court approval of various changes of water <br />rights. <br /> <br />CONVEYANCE OF DtRECT FLOW WATER RIGHTS <br /> <br />1. Subject to such rights as are reserved by Boulder <br />pursuant to paragraphs 2, 3. and 6 of this Agreement, Boulder <br />shall convey to the Board the following described water rights <br />(the "conveyed water rights"): <br /> <br />Farmers Ditch. 13.52 c.f.s. out of 73.29 c.f.s. total <br />decreed, appropriation date of October 1. 1862; <br /> <br />Anderson Ditch, 1.81 c.f.s. out of 25 c.f.s. total decreed. <br />appropriation date of October I, 1860; <br /> <br />Smith and Goss Ditch. 0.4 c.f.s. put of 44.3 c.f.s. total <br />decreed, appropriation date of. November 15, 1859; <br /> <br />McCarty Ditch, 0.64 c.f.s. out of 5.00 c.f.s. total <br />decreed, appropriation date of June I, 1862; and <br /> <br />Harden Ditch, 1.8 c.f.s.' out of 21.0 c.f.s. total decreed, <br />appropriation date of June, 1 1862. <br /> <br />All of the above water rights were originally decre~d by the <br />District Court in and for Boulder County on June 2, 1882. and <br />all were changed from irrigation to municipal use by decree of <br />theWatet Court, Water Division No. I, in Case Nos. W-7569, <br />W-7570, and W-8520-77, entered May 31, 1989, subject to the <br />terms and conditions therein. <br /> <br />2. The conveyance of the conveyed water rights shall be <br />made within 30 days of the execution of this Agreement by deed <br />in substantially the form of Exhibit A attached hereto. Said <br />conveyance shall reserve to BOUlder: <br /> <br />-2- <br />