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<br />, ' <br /> <br />-' <br /> <br />( <br /> <br />c <br /> <br />~-3 <br /> <br />,'. <br /> <br />a. The right to use water available under the conveyed <br />water rights for its municipal purposes in the event of <br />extraordinary drouth conditions or of emergency conditions <br />involving the loss of water to its municipal system as a <br />result of catastrophic events (such as failure of <br />conveyance or treatment facilities); provided. however. <br />that extraordinary drouth conditions or emergency <br />conditions shall be deemed to exist only i~ Boulder has <br />implemented a conservation program in response to such <br />drouth or emergency which significantly restricts lawn <br />watering and other outdoor uses and only if Boulder has <br />aiverted and used the full amount of water available under <br />all of its direct flow water rights other than the conveyed <br />water rights; <br /> <br />b. The right to use water available under the conveyed <br />wate~ rights for municipal purposes at any time it may do <br />so without reducing the flow in the specified reach below <br />15 c.f.s.; and ' <br /> <br />c. The right to use water available under the conveye8 <br />water rights for irrigation purposes downstream from the <br />specified reach. as provided in paragraph 6 below. <br /> <br />3. The Bgard shall use the conveyed water rights solely to - <br />maintain an instream flow not exceeding 15 c.f.s. in the ' <br />specified reach. When such purpose has been accomplished. any <br />remaining water available under the conveyed water rights shall <br />be reserved to Boulder pursuant to paragraph 2b above. <br /> <br />ASSIGNMENT OF THE RIGHT TO USE STORED WATER <br /> <br />4. Boulder shall assign to the Board its right to use such <br />stored water as it determines from time to time. in its sole <br />discretion. to be available for release from reservoirs in <br />Boulder's municipal watershed or in Barker Reservoir. The <br />Board shall use such releases of stored water SOlely for <br />instream flow purposes in the specified reach. Boulder shall <br />provide reasonable notice to the Board as to the availability <br />of such storage water and shall make releases of such water for <br />the Board's benefit only to the extent required to achieve <br />flows not exceeding 15 c.f.s. in the specified reach. <br /> <br />BY-PASSED EXCHANGE WATER <br /> <br />5. Boulder has an appropriative right of exchange decreed <br />in Case No. W-7852-74. entered as amended on September 15. <br />1982. which allows it to release water from Boulder Reservoir <br />or Baseline Reservoi,r and to divert or to store water in its <br />system in amounts up to 250 c.f.s. The appropriation date is <br />December 31. 1954. and,the application was filed in 1974. <br />making this exchange right just senior to the Board's 1974 <br />right. Boulder also has a stipulation with the Boulder and <br />-3- <br />