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<br />. <br /> <br />. <br /> <br />. <br /> <br />City of Boulder and <br />Colorado Water Conservation Board <br />Case No. 90CW193 <br />Page 9 <br /> <br />distance of 1920 plus/minus feet. (This pipeline supplies the <br />Boulder city Pipeline #3, which diverts from the Public Service <br />Company penstock located in section 34, Township 1 North, Range 71 <br />West of the 6th P.M.). <br /> <br />3.3 In the case of each of the agricultural rights, Boulder <br />has demonstrated that the future use of water therefrom by direct <br />flow means for municipal purposes will be no more consumptive than <br />the historical use for irrigation. This finding is dependent upon <br />the present pattern of consumptive uses from the Boulder water <br />supply system, as more particularly described in the attached <br />Exhibit "A". Exhibit "A" is based upon the currently accepted <br />methodology which was used by Boulder's engineers which is approved <br />by the court. Previous cases making similar findings may have been <br />based on other methodologies and any differences are not to be <br />construed as necessarily showing an actual change in consumptive <br />use. This decree presumes the continuation of this pattern without <br />material changes in the future. Boulder has specifically agreed <br />that it forgoes any claim to any portion of the return flow from <br />the municipal use of the agricultural rights. The historical use <br />occurred only during the irrigation season and then only as needed <br />for beneficial direct flow purposes. Future diversions are to be <br />limited to specific seasonal periods and further limited to those <br />times within those seasons when, but for the present transfers, <br />water would have been used pursuant to historical practices during <br />similar hydrological and meteorological conditions for beneficial <br />direct flow irrigation by bona fide agricultural users on land <br />under the respective ditches. <br /> <br />3.4 The subject 2.4781 New Anderson Ditch Company shares <br />(0.62 cfs) may be changed to municipal use (including domestic, <br />irrigation, commercial, industrial and recreation use) and may be <br />diverted at Lakewood Pipeline, silver Lake Pipeline and Barker <br />Pipeline described in paragraph 3.2 above, subject to the following <br />terms and conditions: <br /> <br />A. As determined <br />W-8520-77, the net irrigable <br />Ditch is 1,860 acres. The <br />2.4781 shares is 46 acres. <br /> <br />in Case <br />acreage <br />acreage <br /> <br />Nos. W-7569, W-7570 and <br />under the entire Anderson <br />allocable to the subject <br /> <br />B. 0.1239 of the subject 2.4781 shares shall be left in <br />the Anderson Ditch to compensate for ditch losses, provided that in <br />the event that the New Anderson Ditch Company ceases to operate the <br />ditch such shares shall be abandoned to the stream. The <br />0.1239 shares are equivalent to .031 cfs of the 25 cfs originally <br />decreed to the Anderson Ditch. <br />