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<br />. . <br /> <br />City of Boulder and <br />Colorado Water Conservation Board <br />Case No. 90CW193 <br />Page 10 <br /> <br />C. The remaining 2.3542 shares (0.589 cfs) may be <br />diverted at Lakewood Pipeline, Silver Lake pipeline and/or Barker <br />pipeline for direct flow municipal use by Boulder. Diversions <br />shall not exceed 124 acre-feet per year, and a cumulative total of <br />1,019 acre feet in any period of ten consecutive years, at the <br />alternate points of diversion under these 2.3542 shares and the <br />rate of diversion at the alternate points of diversion under these <br />2.3542 shares shall not exceed the following: <br /> <br />Month <br /> <br />Rate of diversion (cfs) <br /> <br />May <br />June <br />July <br />August <br />September <br /> <br />0.26 <br />0.55 <br />0.53 <br />0.40 <br />0.30 <br /> <br />D. Diversion of the 2.3542 shares at the new alternate <br />points of diversion shall be limited to the pro rata share of water <br />that is legally and physically available therefor at the historical <br />Anderson Ditch headgate under the priority system and to the period <br />May 1 through September 30 of each year. Diversions shall be <br />further limited to those times within such season when, but for <br />this change of water right, water would have been used pursuant to <br />historical practices during similar hydrological and meteorological <br />conditions for beneficial direct flow irrigation by bona fide <br />agricultural users on land under the Anderson Ditch. Any call made <br />by Boulder for municipal purposes under the subject 2.3542 shares <br />shall be administered at the historical Anderson Ditch headgate on <br />Boulder Creek and not at the new alternate points of diversion. <br />Boulder shall not initiate a call for municipal purposes under the <br />subject 2.3542 shares if sufficient water is then available in <br />Boulder Creek at the historic Anderson Ditch headgate to meet the <br />demands of the shareholders of the New Anderson Ditch Company, <br />inclUding Boulder, who are requesting direct flow diversions under <br />the Anderson Ditch water right. <br /> <br />E. Boulder shall continue to be liable for all lawful <br />and regular assessments of the New Anderson Ditch Company allocable <br />to the subject 2.4781 shares. <br /> <br />F. Upon entry of this decree, the amount that may be <br />diverted at the historical Anderson Ditch headgate by the remaining <br />shares for irrigation under the original Anderson Ditch decree <br />shall be reduced to 10.544 cfs. <br /> <br />3.5 The subject 2 MCCarty Ditch Company shares (0.015 cfs) <br />may be changed to municipal use (including domestic, irrigation, <br />