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<br />. . <br /> <br />City of Boulder and <br />Colorado Water Conservation Board <br />Case No. 90CW193 <br />Page 14 <br /> <br />alternate type of use and an alternate location of use, instream <br />flow for the protection of the natural environment to a reasonable <br />degree in Segment B (North Boulder Creek/Boulder Creek) and <br />segment C (Boulder Creek) described in paragraph 4.1 above. <br /> <br />4.3 The subject Farmers Ditch and Barker Meadow Reservoir <br />water rights described in paragraphs 2.2 and 2.7 above are proposed <br />to be changed to add as an alternate type of use and an alternate <br />loe<<tion of use, instream flow for the protection of the natural <br />environment to a reasonable degree in Segment C (Boulder Creek) <br />described in paragraph 4.1 above. <br /> <br />4.4 The Board determined and the Court decreed, in connection <br />with Case No. W-7636-74, District Court, Water Division No.1, that <br />the natural environment in Segment C (Boulder Creek) described in <br />paragraph 4.1 above can be preserved to a reasonable degree with a <br />stream flow of 15 cfs. <br /> <br />4.5 The Board determined that the amounts of water assigned <br />to the Board by Boulder under the Second Addendum to Agreement and <br />Assignment do not exceed the amounts of water necessary to preserve <br />the natural environment to a reasonable degree in Segment A (North <br />Boulder Creek) and in Segment B (North Boulder Creek/Boulder Creek) <br />described in paragraph 4.1 above. <br /> <br />4.6 The subject Anderson DitCh, Harden DitCh, McCarty Ditch <br />and Smith and Goss Ditch water rights described in paragraphs 2.1 <br />and 2.3 through 2.5 above may be used by the Board for instream <br />flow in Segments A, Band C described in paragraph 4.1 above, and <br />the subject Farmers Ditch water right described in paragraph 2.2 <br />above may be used by the Board for instream flow in Segment C <br />described in paragraph 4.1 above, subject to the following terms <br />and conditions: <br /> <br />A. The subject 9.5833 shares of the New Anderson Ditch <br />Company that are decreed for diversion at L.aJtewood.Pipeline, Silver <br />Lake Pipeline and Barker Pipeline pursuant to the terms and <br />conditions of the decree in Case Nos. W-7569, W-7570 and W-8520-77 <br />and paragraph 3.4 of this decree may be left undiverted in North <br />Boulder Creek and Boulder Creek for use by the Board for instream <br />flow in Segments A, Band C described above, during the period <br />May 1. through Septellber 30.. The volume of water used by the Board <br />and Boulder shall not exceed 504 acre-feet per year or a cumulative <br />total of 4150 acre-feet in any period of ten consecutive years, at <br />rates not to exceed the following: <br />