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 17

meteorological conditions for beneficial direct flow irrigation by
bona fide agricultural users on land under the respective ditches.

G. The right to use water available under the subject
Anderson oi tch, Farmers oi tch, Harden oi tch, McCarty oi tch and
smith and Goss Oitch water rights for their decreed municipal and
related uses under certain drought or emergency conditions and when
not required for instream flow use as described herein is reserved
to Boulder by the Instream Flow Agreements and by the conveyances
to the Board from Boulder thereunder. The decreed municipal and
related uses of those water rights are therefore retained as
alternate uses. Boulder shall notify the State water
administration officials at least 24 hours in advance of its use of
any of such water rights for the decreed municipal and related
uses. Any such use by Boulder shall be charged against the
applicable volumetric and rate of flow limitations for such water
rights set forth in this paragraph 4.6, except as specifically
otherwise provided with respect to the ten-year cumulative totals
for the Anderson oitch and the Farmers oitch.

4.7 Water stored in Silver Lake Reservoir under the water
rights described in paragraph 2.6 above may be used by the Board
for instream flow in Segments A, Band C described in paragraph 4.1
above, subject to the following terms and conditions:

A. Water stored by Boulder in Silver Lake Reservoir has
historically been released to North Boulder Creek and diverted at
either Lakewood Pipeline or Silver Lake Pipeline, described in
paragraph 3.2 above, for use in the Boulder municipal water supply
system.

B. Water may be released by Boulder from Silver Lake
Reservoir at the request of the Board and left undiverted in North
Boulder Creek and Boulder Creek during the period october through
.April of each year, at, a rate not to exceed 0.5 cfs for use by the
Board for instream flow in Segment A described above, and at a rate
not to exceed 15 cfs for use by the Board for instream flow in
Segment C described above, subject to the following additional
limitations:

1. Boulder may release water from Silver Lake
Reservoir for instream flow use by the Board in Segment, A
described above under this decree only to the extent required
to achieve flows in segment A not exceeding a total, from all
sources available pursuant to this decree, of 0.5 cfs at the
Silver Lake Diversion Structure on North Boulder Creek
(described in paragraph 4.1 above).