1-79CW308 decree

• Case Number: 79CW0308
• 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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Case No. 79-CW-30U
State of Colorado

5. The decreed point of diversion of the G. Berkley
Ditch is "near the 12th Street Bridge in Boulder, same as head-
gate of Boulder and White Rock Ditch." The actual locatIon is
on the north bank of Boulder Creek at a point approximately 950
feet east and 120 feet north of the southwest section co~ner of

Section 30, TIN, R70W, 6th P.M., Boulder County, Colorado,
which is near the Broadway Street crossing of Boulder Creek in
Boulder, Colorado.
6. The amount of water decreed to the G. Berkley Ditch
is 1.0 cis. of water from Boulder Creek, originally decreed on
June 2, 1882 by the District Court in and for ,Boulder County
for 15.0 cfs., with a priority date of June 1, 1862; and reduced
by abandonment by decree of the same court of November 22, 1924
to 1.0 cfs.; for priority on Boulder Creek of No. 11.
7. The entire G. Berkley Ditch was historically, since
1916, used to irrigate approximately 27.8 acres of land lying
under the ditch which is now an urbanized area in the City of

Boulder and will not again be irrigated with this water right.

8. Applicant proposes to change the type and place of

use of the G. Berkley Ditch water right from irrigation on the

his torically irrigated lands to the use for "maintenance of

such minimum flows as are required to preserve the natural

environment to a reasonable degree" in the reach of Boulder

Creek from a point immediately below the discharge of Public

Service Company of Colorado's hydroelectric plant in the SW 1/4

of Section 34, TlN" R71W, 6th P.M. to the 75th Street Bridge

near the center of Section 13, TIN, R70W, 6th P.M.; said reach

being the same reach for which a minimum flow right'was adjudi-

cated by the same Applicant in Case No. W-7636 in this Court.

This change in use would be made pursuant to C.R.S. S37-92-

102(3) and S37-92-103(3) and (4) (1973).

9. Applicant proposes to utilize the G. Berkley Ditch
water right by measuring the water divertable under this water
right at the historic headgate location and leaving that 1.0
cfs. of water in Boulder Creek,fo. minimum flow purposes during

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