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<br />"."" <br /> <br />CJ.:.;c ilv. i')--;;';'i.. jUU <br />State of CDlorado <br /> <br />t;;;I <br /> <br />v <br /> <br />TIN, R71W, 6th P.M. to the 75th Street Bridge near the center <br /> <br /> <br />of Section 13, TIN, R70W, 6th P.M., Boulder County, Coiorado, <br /> <br />for the maintenance of minimum stream flows pursuant to C.R.S. <br /> <br />S37-92-102(3) and S37-92-103(3) and (4) (1973): <br /> <br />A. Applicant shall limit its exercise of its <br />priority right for the G. Berkley Ditch to the historic <br />irrigation season of April 1 through October 31 of , each <br />year. The priority right for said G. Berkley Ditch for <br /> <br />minimum stream flow purpo$~s shall be exercised only by <br /> <br />calling for the delivery of water to the historic headgate <br /> <br /> <br />location on Boulder Creek, on the north bank of Boulder <br /> <br />Creek at a point approximately 950 feet east and 120 feet <br />north of the Southwest section corner of Section 30, TIN, <br />R70W, 6th P.M., Boulder County, Colorado, which is near <br />the crossing of Boulder Creek by Broadway Street in Boulder, <br />Colorado, and for the curtailment of any diversions of <br />said 1.0 cfs. from the stream segment from Broadway down <br />to 75th Street by water rights junior to this priority. <br />B. Applicant shall limit its exercise of its <br />priority right for the G. Berkley Ditch in such a way that <br />it will not use such priority to call for the delivery of <br />water from South Boulder Creek. The use of the priority <br />right for the G. Berkley Ditch shall be subordinate to the <br /> <br />water rights of Public Service Company of Colorado on <br />South Boulder Creek, including the following: Dry Creek <br />No. 2 Di tch Company, Eas t Boulder Di tch Company, En ter- <br />prise Irrigating Ditch Co., Inc., Jones and Donnelly Ditch <br />Company, Valmont Lake Reservoir, Valmont Lake Reservoir <br />Enlargement, Valmont Lake Reservoir Enlargement Refill, <br />Valmont Reservoir Second Enlargement, Hillcrest Reservoir, <br />Pancost Reservoir, and Leggett Reservoir. <br /> <br />C. Applicant shall limit the exercise of the G. <br />Berkley Ditch water right so that no call for water to <br />satisfy said priority shall be made until such time of <br />each irrigating season of each year as that exchange of <br /> <br />-5- <br />