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<br />No. 94 CW 19 <br />Colorado Water Cons. Board <br /> <br />(303) 866-3441 <br /> <br />2. The name of the stream involved: <br /> <br />North Boulder Creek (instream flow) . <br /> <br />3. The source of the water is: <br /> <br />North Boulder Creek, tributary to the South Platte <br />River. <br /> <br />4. Pursuant to an agreement between the Colorado Water <br />Conservation Board and the City of Boulder dated July 20, 1990 <br />and the addenda thereto the City of Boulder donated up to 15.5 <br />cfs from sources on Boulder Creek and its tributaries including <br />5.32 cfs summer flows and 2 cfs winter flows on North Boulder <br />Creek and Boulder Creek to the Water Conservation Board to be <br />used for instream flow purposes. These rights were decreed for <br />instream flow purposes in 90CW193. <br /> <br />Subsequent to the donation by Boulder extensive studies were <br />conducted for the Water Conservation Board by the Division of <br />Wildlife which recommended a 5 cfs/2 cfs instream flow on this <br />segment of North Boulder Creek as the amounts necessary to <br />preserve the natural environment to a reasonable degree. The <br />Water Conservation Board staff undertook extensive studies to <br />confirm the physical availability of water at these amounts and <br />on November 10, 1993 the Water Conservation Board adopted <br />resolutions initiating the process for implementation of an <br />instream flow. <br /> <br />As limited by Board rule 6.03(a), the donated water rights <br />are not being, and will not be, used alone orcombined or stacked <br />with the water right decreed herein so as to cause the total <br />instream flow to exceed the minimum flow necessary to preserve <br />the natural environment to a reasonable degree as decreed herein. <br />Applicant shall first use the water right decreed herein to <br />satisfy the instream flow needs before calling for any portion of <br />the donated water rights for that purpose. <br /> <br />2 <br />