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 18

2. Water rel~ased from Silver Lake Reservoir
pursuant to B (1) above may be used by the Board for instream
flow use in segment B described above under this decree only
to the extent required to achieve flows in Segment B not
exceeding a total, from all sources available pursuant to this
decree, of the lesser of 1.5 cfs or the stream flow
immediately above Lakewood Inlet (described in paragraph 4.1
above) .

3. Boulder may release water from Silver Lake
Reservoir for instream flow use by the Board in segment C
described above under this decree at such rate and amount as
Boulder determines from time to time, during the period
october through April, i~ its discretion, is available for
such use: provided, however, that such releases may be made
only to the extent requir~d to achieve flows in segment C not
exceeding 15 cfs.

4. Boulder shall notify the state water
administration officials at least 48 hours in advance of the
release of water from Silver Lake Reservoir for instream flow
use under this decree.

C. The assignment by Boulder to the Board of water
stored in Silver Lake Reservoir for use for instream flow in
segment C described above is discretionary with Boulder pursuant to
the terms of the agreement between the Board and Boulder dated July
20, 1990 and recorded August ~7, 1990 at Reception No. 01060612,
Boulder County real estate records. The assignment by Boulder to
the Board of water stored in Silver Lake Reservoir for use for
instream flow in Segments A and B described above is subject to
certain reservations pursuant to the Second Addendum to Agreement
and Assignment between the Board and Boulder dated May 26, 1992 and
recorded May 27, 1992 at RecElption No. 01187397, Boulder county
real estate records. The decrEled municipal and related uses of the
subject Silver Lake Reservoir water rights are therefore retained
as alternate uses.

4.8 The sUbject 1.5 cfs of the Boulder City Pipe Line water
right described in paragraph 2.8 above may be used by the Board for
instream flow in segments B anq C described in paragraph 4.1 above,
subject to the following terms and conditions:

A. Up to 1.5 cfs of water legally and physically
available for diversion by Boulder at the North Boulder Creek point
of diversion for the Boulder City pipeline water right described in
paragraph 2.8 above aay be left undiverted in North Boulder Creek
and Boulder Creek during the period January through April, November