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 21

subparagraph A. above. The return flow obligation may be met by
either of the following methods:

1. Return flows from the treatment and direct use
of 38 acre-feet (36 acre-teet + .91. This .91 is the weighted
average municipal return flow factor for the period October
through March.) of such Windy Gap water in Boulder's municipal
water supply system during the months of October through March
shall be discharged to Boulder Creek at the outfall of
Boulder's present wastewater treatment plant near 75th street.

2. In the alternative, Boulder shall retain
36 acre-feet of such windy Gap water in storage in Boulder
Reservoir to be released to Boulder Creek through the Boulder
Supply Canal at times and at rates for delivery to water
rights (either directly or by exchange) as are requested by
State water administration officials. These releases shall be
made prior to the May 1 which follows the period of October
through March in which the return flow obligation was owed.

3. Boulder also proposes to use as a source of
water to meet the return flow obligation hereunder water
available to Boulder from any other source which is decreed
for replacement or augmentation or is legally permitted to be
reused and which can be provided in the amount, at the time
and at the location required hereunder. Prior to the use of
any such water, Boulder shall provide written notification to
state water administration officials and the opposers of the
source of the water to be used and how the water will be
delivered.

4.11 Boulder has specifically agreed that it forgoes any claim
to any portion of the outdoor use return flows accruing to Boulder
Creek from the municipal use of water rights used in its municipal
water supply system in place of the water rights used for instream
flow purposes under this decree; provided, however, that this
provision does not run with such water rights in the event of their
sale or transfer to other parties but instead shall only be a
limitation on Bo~lder's use of such water rights in its system.

4.12 Water left undiverted or released from storage hereunder
for instream flow use by the Board shall not be available for
diversion and shall not be diverted by water users in the segment
in which the instream flow use is being made by the Board. Water
left undi verted or released from storage at a point or points
upstream of the upstream point of the segment in which the instream
flow use will be made by the Board shall likewise not be available
for or diverted by other water users. If necessary, the water