1-90CW193B Decree

• Case Number: 1-90CW193B
• Stream Name: Boulder Creek
• Watershed: Boulder Creek
• Water Division: 1
• Water District: 6
• County: Boulder
• Instream Flow Acq - Doc Type: Final Decree/Stipulations

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City of Boulder and
Colorado Water Conservation Board
Case No. 90CW193
Page 6

and operated by the smith and Goss Ditch Company, a mutual ditch
company with 218.375 shares of stock outstanding.

B. 83.25 shares (2.J069 cfs) of the smith and Goss
Ditch Company are the subject of this application. 73.85 of the
subject 83.25 shares were also the subject of the decree entered by
the District Court, Water Division No. 1 on May 31, 1989 in Case
Nos. W-7569, W-7570 and W-8520-77. By that decree, the point of
diversion and type and place of use of those 73.85 shares were
changed to allow use by' Boulder in its municipal water supply
system. The remaining 9.4 of the subject 83.25 shares have not
previously been changed from their originally decreed irrigation
use.

C. The originally decreed point of diversion for the
smith and Goss Ditch is on the north bank of Boulder Creek in the
SW\ SW\ of section 30, Township 1 North, Range 70 West of the 6th
P.M.; the location of the actual point of diversion of the smith
and Goss Ditch is on the north bank of Boulder Creek approximately
875 feet east and 125 feet north of the SW corner of section 30,
Township 1 North, Range 70 West of the 6th P.M. The currently
decreed points of diversion for the 73.85 shares that were the
subject of the decree in Case Nos. W-7569, W-7570 and W-8520-77 are
L~ pipeline, StIver Lake Pipeline and Bark~Eipeline,
described below in paragraph 3.2.

2.6 silver Lake Reservoir:

A. The following water rights, and none others, of
those decreed to Silver Lake Reservoir are to be changed hereby:
322.7 acre-feet, with an appropriation date of September 6, i928,
and 3,020 acre-feet with an appropriation date of December 31,
1941, both decreed on september 28, 1953 by the District Court in
and for Boulder County in Civil Action No. 12111. The 807.3 acre-
feet refill right, with an appropriation date of September 3, 1906,
decreed on March 13, 1907 by the District Court in and for Boulder
County in Case No. 4842 which was included in the application has
been withdrawn and shall not be available for instream flow
purposes under this decree.

B. That amount of water available under the above water
rights which has been or from time to time will be assigned by
Boulder to the Board pursuant to the terms of the Instream Flow
Agreements and further described in paragraph 4.7 below is the
subject of this application.

C. Silver Lake Reservoir is located in the NWl/4 NW1/4
of Section 28, SW1/4 SW1/4 of section 21, NE1/4 NE1/4 and NW1/4