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 3

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Boulder County real estate records; First Addendum to Agreement
between the Board and Boulder dated December 14, 1990 and recorded
December 17, 1990 at Reception No. 01078866, Boulder County real
estate records; and Second Addendum to Agreement and Assignment
between the Board and Boulder dated May 26, 1992 and recorded
May 27,1992 at Reception No. 01187397, Boulder county real estate
records ("Instream Flow Agreements").

1.9 The Instream Flow Agreements provide for Boulder to act
as agent for the Board. for administration and monitoring of
instream flow water rights and instream flows in segments A, Band
C of North Boulder Creek and Boulder Creek described in
paragraph 4.1 below, including monitoring flows, placing calls,
maintaining necessary records and reporting to the Board. The
Board shall notify the state water administration officials in
writing if this agency relationship is revoked under the terms of
the Instream Flow Agreements.

II. WATER RIGHTS TO BE CHANGED.

2.1 Anderson Ditch:

A. The Anderson Ditch was decreed a water right for
25.0 cfs for irrigation use, with an appropriation date of October
1, 1860, by the District Court in and for Boulder county on June 2,
1882. The Anderson Ditch is owned and operated by the New Anderson
Ditch company, a mutual ditch company with 100 shares of stock
outstanding.

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B. 9.7072 shares (2.4268 cfs) of. the Hew Anderson Ditch
C~QY,.CU;4t~,,~iect. of this applicaU~n. 7.2291 of these-
9.7072 shares were 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 7.2291 shares were
changed to allow use by Boulder in its municipal water supply
system. The remaining 2.4781 of the subject 9.7072 shares have not
previously been changed from their originally decreed irrigation
use.

C. The originally decreed point of diversion for the
Anderson Ditch is on the south bank of Boulder Creek in the NE\ NE\
of section 35, Township 1 North, Range 71 West of the 6th P.M.; the
location of the actual point of diversion for the Anderson Ditch is
on the south bank of Boulder Creek approximately 625 feet south and
125 feet west of the NE corner of Section 35, Township 1 North,
Range 71 West of the 6th P.M. The currently decreed points of