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<br />---- <br /> <br />reasonable degree on North Boulder Creek and on Boulder Creek. The <br />assignment under paragraph 1 shall be for the lesser of 0.5 cfsor <br />the amount of water that the Board determines to be necessary to <br />preserve the natural environment to a reasonable degree in the <br />North Boulder Creek specified reach. The assignment under <br />paragraph 2 shall be for the lesser of 1.5 cfs or the amount of <br />water that the Board determines to be necessary to preserve the <br />natural environment to a reasonable degree in the North Boulder <br />creek/Boulder Creek specified reach. <br /> <br />BOULDER'S RIGHT TO USE BELOW THE NORTH BOULDER CREEK <br />SPECIFIED REACH AND BELOW THE NORTH BOULDER <br />CREEK/BOULDER CREEK SPECIFIED REACH <br /> <br />7. Below the downstream terminus of the' North Boulder <br />Creek/Boulder Creek specified reach (i.e., below the Public Service' <br />Company's hydroelectric plant outlet at Orodell), the right to use, <br />re-use or lease the water assigned hereunder shall belong <br />exclusively to Boulder, subject to any applicable provisions of the <br />July 20, 1~0 Agreement and the First Addendum. <br /> <br />WATER COURT PROCEEDINGS <br /> <br />8. The Board and Boulder, as co-applicants, will file an <br />amendment to the application pending in Case No. 90CW193 in the <br />water court to allow as an alternate use of the storage rights for <br />Silver Lake Reservoir and' the conveyed water rights their use <br />exclusively by the Board forinstream flows in the North Boulder <br />Creek specified reach to achieve flows not exceedingO.5cfs and in <br />the North Boulder Creek/Boulder Creek specified reach to achieve <br />flows not exceeding the lesser of 1.5 cfs or the stream flow <br />immediately above Lakewood Inlet, and to allow as an alternate use <br />of 1.5 cfs of the Boulder city Pipe Line water right its use <br />exclusively by the Board for instream flows in the specified reach <br />to achieve flows not exceeding 15 cfs and in the North Boulder <br />Creek/Boulder Creek specified reach to achieve flows not exceeding <br />the lesser of 1.5 cfs or the stream flow immediately above Lakewood <br />Inlet. <br /> <br />9. Either party may, in its sole discretion, cause the <br />amendment to the application in Case No. 90CW193 to be dismissed at <br />any time before the court issues a final decree. The other party <br />shall not oppose any such effort to dismiss the amendment. If the <br />amendment is dismissed for any reason or is denied in whole orin <br />part, or if the decree of the court is conditioned in such manner <br />as to prevent this Second Addendum to Agreement and Assignment from <br />being completely fulfilled, then all of the right and interest <br />assigned by Boulder to the Board under the terms of this Second <br />Addendum to Agreement and Assignment shall be reassigned by the <br />Board to Boulder within 30 days of written demand by Boulder. In <br />that event, Boulder shall not receive any right to use. water, water <br />rights, or interests in water for instream flows in the North <br /> <br />5 <br />