1-90CW193C Decree

• Case Number: 1-90CW193C
• 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 16

E. Ninety percent (90%) of the subject 24.602 shares
,,( 12 .17 cfs) of the Farmers Ditch Company that are decreed for
diversion by Boulder at the headgate of the Farmers Ditch pursuant
to the terms and conditions of the decree in Case Nos. W-7569,
W-7570 and W-8520-77 may be left undiverted in Boulder Creek ror
use by the Board for instream flow in Segment C described above
during the period May 1 through September 30 of each year. The
volume of water used by the Board and Boulder shall not exceed
2,165 acre-feet per year or a cumulative total of 19,822 acre-feet
in any period of ten consecutive years, subject to the following
additional monthly limitations:

Month

Maximum Amount Available
(Acre-Feet)

May
June
July
August
September

396
725
748
655
284

In any year in which no water will be used for instream flow
purposes and in which Boulder so notifies the water commissioner in
writing on or before April 29 thereof, said cumulative total
limitation shall not apply and that year shall not be included in
the calculation of the said cumulative total. Use during the month
of May by the Board and Boulder shall be further limited to a
cumulative total of 2,290 acre-feet in any period of ten
consecutive years; provided, however, any month of May in which no
water is used for either municipal or instream flow purposes shall
not be included in the calculation of this cumulative total.
During times when the subject Farmers Ditch water rights are being
left undiverted in Boulder Creek for instream flow use by the
Board, the Farmers Ditch may call for and divert as ditch loss
replacement the remaining ten percent (10%) of the subject
24.602 shares (1.35 cfs). In the event that the Farmers Ditch
Company ceases to operate the Farmers DitCh, the 1.35 cfs left as
ditch loss replacement shall be abandoned to the stream.

F. Use of the water rights described in this
paragraph 4.6 for instream flow purposes shall be limited to the
pro rata share of water that is legally and physically available in
priority for such water rights at their respective historical
headgates under the priority system (including exchange priori ties)
during the periods described in subparagraphs A.-E. hereof and
shall be further limited to those times within such periods when,
but for this change of water right, water would have been used
pursuant to historical practices during similar hydrological ~and