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<br />, <br /> <br />94CW18 <br /> <br />F. Beneficial use: The water was first applied to the above beneficial use on <br />November 10, 1993, by action of the Colorado Water Conservation Board under the provision of <br />C.R.S. gg 37-92-102(3), 37-92-103(3), (4), (10). <br /> <br />G. Amount of water claimed (ABSOLUTE): Instream flow of 15.0 c.f.s. (April 1 <br />- October 31); 6.0 c.f.s. (November 1 - March 31). <br /> <br />5. Pursuant to an agreement between the Colorado Water Conservation Board and <br />the City of Boulder dated July 20, 1990 and the addenda thereto, the City of Boulder donated up <br />to 15.5 cfs from sources on Boulder Creek and its tributaries to the Colorado. Water Conservation <br />Board to be used for instream flow purposes. These rights were decreed for instream flow <br />purposes in 90CW193. <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 15 cfs/6 cfs instream <br />flow on Boulder Creek as the amounts necessary to preserve the natural environment to a <br />reasonable degree. The Colorado Water Conservation Board staff undertook extensive studies to <br />confirm the physical availability of water at these amounts, and on November 10, 1993, the <br />Colorado Water Conservation Board adopted resolutions initiating the process for appropriation <br />of an instreapl flow. <br /> <br />As limited by 2 C.C.R. g 408-2, rule6.03(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 minimlUll 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) in the amount of 15.0 c.f.s. <br />(April 1 - October 31); 6.0 c.f.s. (November 1 - March 31) is entered to preserve the natural . <br />environment to a reasonable degree through the stream segment as described in paragraph 4 <br />above. The appropriation date for this water right is November 10, 1993. These amounts shall <br />not be additive to the instream flow amounts decreed in Case No. 90CW193. <br /> <br />3 <br />