BOARD00037 ‎(2)‎

• Board Meeting Date: 9/20/2006
• Description: ISF Section - Proposed Memorandum of Agreement with Upper Eagle Regional Water Authority and Eagle River Water Sanitation District
• Board Meetings - Doc Type: Memo

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petition the District Court in and for Water Division No.5 to issue an order to the Division .
Engineer to give the MOA full force and effect."

6. Additional Lane:uae:e

The parties have agreed to add the following provisions to the MOA:

. The Authority agrees that it will not initiate any action that will result in the permanent
reduction of the capacity of the Raw Water Booster Pump.

. This Agreement shall bind and inure to the benefit of the parties and their successors and
assigns.

Options Available to the CWCB

During the negotiations ofthe proposed MOA, EWP's representatives have noted that the
Board has two options to consider when evaluating the MOA. Option 1 is entering into the
proposed MOA, under which the Authority would agree to move the entire Avon Plan outfall
upstream approximately 270 feet in exchange for the CWCB's recognition that the CWCB
considers this discharge to be made at or above the intake for purposes of determining injury to
its ISF along this reach of the Eagle River.

Option 2 would be for the Authority to build a pipeline across the Eagle River to a point
adjacent to the Raw Water Booster Pump and only discharge that amount of water equal to the 1
cfs agreed to in Case No. 97CW306, as well as new depletions beyond what is already allowed
by the Authority's existing water rights. This option will only replace that amount of water that
is junior to the CWCB's ISF right. This second option does not require CWCB approval or entry
into a MOA with the Authority and the District, since it was agreed to and decreed in Case No.
97CW306. This option simply maintains the status quo.

.

Staff Recommendation

Provided that staff, the Upper Eagle Regional Water Authority ("Authority") and the Eagle River
Water and Sanitation District can present the Board with a mutually acceptable version of the
MOA, Staff recommends that the Board authorize the CWCB Director to execute the
Memorandum of Agreement with the Upper Eagle Regional Water Authority ("Authority") and
the Eagle River Water and Sanitation District.

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Flood Protection. Water Project Plahning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation Planning