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<br />- " <br /> <br />( <br /> <br />EXHIBIT A <br /> <br />( <br /> <br />9-<;5 <br /> <br />DEED <br /> <br />This deed is made this ____ day of , 1990 by the <br />City of Boulder, Colorado, a Colorado municipal corporation <br />(hereinafter the "City"). to the Colorado Water Conservation <br />Board, an agency of the State of Colorado (hereinafter the <br />"Board") . <br /> <br />Subject to reservations hereinafter contained. the City <br />hereby conveys for due and sufficient consideration all of its <br />right, title and interest in the following-described water <br />rights (the "conveyed water rights"): <br /> <br />Farmers Ditch, 13.52 cfs out of 73.29 cfs total decreed, <br />appropriation date October 1, 1862; <br /> <br />Anderson Ditch, 1.81 ~fs out of 25 cfs total decreed, <br />appropriation date October 1. 1860; <br /> <br />Smith and Goss Ditch, 0.4 cfs out of 44.3 cfs total <br />decreed, appropriation date November 15, 1859; <br /> <br />McCarty Ditch, 0.64 cfs out of 5.00 cfs total decreed. <br />appropriation date June 1, 1862. <br /> <br />Harden Ditch, 1.8 cfs out of 21.0 cfs total decreed, <br />appropriation date June I, 1862. <br /> <br />All originally decreed by the District Court in and for Boulder, <br />County on June 2, 1882, and changed from irrigation to <br />municipal use by decree of the Water Court, Water Division No. <br />1 in Case Nos. W-7569, W-7570 and W-8520-77, entered May 31, <br />1989. <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 <br />the PUblic Service Company's hydroelectric plant outlet at <br />Orodell (NE 1/4, SW 1/4, Section 34, Township I North, Range 71 <br />West of the 6th P.M.) to the 75th Street Bridge (SW 1/4, <br />Section 13. Township 1 North, Range 70 West of the 6th P.M.) <br />(the "specified reach). The conveyance of the foregoing water <br />rights are subject to the following reservations by the City: <br /> <br />a. The City reserves the right to use water available <br />under the conveyed water rights for its municipal <br />purposes in the event of extraordinary drought <br />conditions or of emergency conditions invoLving the <br />loss of water to its municipal system as a result of <br />catastrophic events (such as failure of conveyance or <br />treatment facilities); provided, however. that <br />extraordinary drought conditions or emergency <br /> <br />2888E* <br />