1-90CW193D Decree

• Case Number: 1-90CW193D
• 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 2

of Denver, acting by and through its Board of Water Commissioners.
The time for filing statements of opposition has expired.

1.4 Applicants have entered into stipulations with the
following opposers: the Boulder & White Rock Ditch & Reservoir
Company, Water Users Association of District No.6, the Boulder and
Left Hand Ditch Co., City and county of Denver, acting by and
through its Board of Water Commissioners, city of Louisville,
Public Service Company of Colorado, and North Boulder Farmers Ditch
Company. The Court has reviewed the stipulations and finds that
this decree is consistent with the provisions of each stipulation.

1.5 Applicant Board seeks approval of changes of the water
rights described in Part II below to add use for instream flow for
the protection of the natural environment to a reasonable degree in
segments of North Boulder Creek and Boulder Creek described in
paragraph 4.1 below as Segments A, Band C. Applicant Boulder
seeks to add use for irrigation by lessees of Boulder downstream of
the terminus of segment C on Boulder Creek. Applicant Boulder also
seeks approval of changes of the subject agricultural water rights
described in Part II below that have not previously been changed
from the originally decreed use, to points of diversion at Lakewood
pipeline, silver Lake Pipeline and Barker Pipeline described in
paragraph 3.2 below and to municipal use (including domestic,
irrigation, commercial, industrial and recreation use).

1.6 The Board is the owner of a 15 efs instream flow water
right to maintain a minimum stream flow to protect the natural
environment to a reasonable degree in Segment C of Boulder Creek,
described in paragraph 4.1 below, which water right was decreed on
January 21, 1980 in Case No. W-7636-74 with an appropriation date
of october 1, 1973. The Board is also the owner of a water right
for 1.0 cfs, originally decreed to the G. Berkley Ditch, with an
appropriation date of June 1, 1862, decreed in Boulder county
District Court on June 2, 1882, and changed from irrigation to
instream flow purposes in Case No. 79CW308 on May 13, 1981.

1.7 Pursuant to ~37-92-102(3), C.R.S., the Board is vested
with statutory authority to acquire, by grant, purchase, bequest,
devise, lease, exchange, or other eontractual agreement, such
water, water rights, or interests in water as the Board determines
may be required for minimum stream flows to preserve the natural
environment to a reasonable degree.

1. 8 The use of water for instream f low hereunder will be made
exclusively by the Board pursuant to ~37-92-102(3), C.R.S., and
pursuant to Agreement between the Board and Boulder dated July 20,
1990 and recorded August 27, 1990 at Reception No. 01060612,