Laserfiche WebLink
<br />No. 94 CW 20 <br /> <br />F. Beneficial use: The water was first applied to the above beneficial use on <br />November 10, 1993, by action ofthe Colorado Water Conservation Board under the provisions <br />ofC.R.S. SS 37-92-102(3), 37-92-103(3), (4), (10). <br /> <br />G. Amount of water appropriated (ABSOLUTE): 4.0 cfs (April! - October <br />31); 1.5 cfs (November I - March 31). <br /> <br />5. Pursuant to an agreement between the Colorado Water Conservation Board and the City <br />of Boulder dated July 20, 1990 and the addenda thereto, the City of Boulder donated to the <br />Colorado Water Conservation Board up to 15.5cfs from sources on Boulder Creek and its <br />tributaries including 5.32 cfs summer flows and 2 cfs winter flows on North Boulder Creek and <br />Boulder Creek, to be used for instream flow purposes. These rights were decreed for instream <br />flow purposes in 90CW!93. <br /> <br />Subsequent to the donation by Boulder, extensive studies were conducted for the Water <br />Conservation Board by the Division of Wildlife, which recommended a 4 cfs/l.5 cfs instream <br />flow on this segment of North Boulder Creek as the amounts necessary to preserve the natural <br />environment to a reasonable degree. The Colorado Water Conservation Board staff undertook <br />extensive studies to confirm the physical availability of water at these amounts, and on <br />November 10, 1993, the Colorado Water Conservation Board adopted resolutions initiating the <br />process for appropriation of an instream flow. <br /> <br />As limited by 2 C.C.R. S 408-2, rule 6.03(a), the donated water rights are not being, and <br />will not be, used alone or combined or stacked with the water right decreed herein so as to cause <br />the total instream flow to exceed the minimum flow necessary to preserve the natural <br />environment to a reasonable degree as decreed herein. Applicant shall first use the water right <br />decreed herein to satisfy the instream flow needs before calling for any portion of the donated <br />water rights for that purpose. <br /> <br />IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: <br /> <br />1. The preceding Findings of Fact are hereby incorporated as if fully set forth herein. <br /> <br />2. The court finds that all prerequisites to obtaining an instream flow water right <br />have been met. <br /> <br />3. The application is granted and a decree (ABSOLUTE) 4.0 cfs (April I - October <br />31); 1.5 cfs (November 1 - March 31) for the instream flow reach as described in paragraph 4.C. <br />above. <br /> <br />3 <br />