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

I'

.

.

.

Agenda Item # 19

MEMORANDUM OF AGREEMENT

This Memorandum of Agreement ("MOA'') is made this _ day of
among the Upper Eagle Regional Water Authority ("Authority"), the Eagle River Water and
Sanitation District ("District"), and the Colorado Water Conservation Board ("CWCB").

Recitals

A. The Authority is a municipal water provider which diverts raw water from the
Eagle River at the Raw Water Booster Pump, the headgate of which is located in Section 7, T.
5 S., R. 81 W. of the 6th P.M. at a point from which the SE corner of the SW1I4 of said
Section 7 bears South 53000'40" East 1446 ft.

B. The District is the owner and operator of Avon Waste Water Treatment Plant
("Avon Plant") which treats the wastewater resulting from the municipal water provided by
the Authority.

C. The Avon Plant currently discharges treated effluent to the Eagle River at a
point approximately 350 feet downstream ofthe Raw Water Booster Pump. The capacity of
the Avon Plant is 10 cfs.

D. The District and Authority desire to relocate the discharge of the treated
effluent from the Avon Plant to a point 25 feet or less downstream of the Raw Water Booster
Pump point of diversion.

E. The CWCB is the owner of an instream flow water right decreed by the
District Court in and for Water Division No.5 in Case No. 80CW134 which is for the reach
of the Eagle River from the confluence with Gore Creek to the confluence with Lake Creek
(the "ISF").

F. The CWCB previously entered into a stipulation with the Authority and other
parties in Water Division No.5 Case No. 97CW306 whereby the CWCB agreed that if the
Authority and applicants in that case made certain improvements to the Eagle River to help
maintain a fish passage during periods of low flow, and relocated the discharge from the
Avon Plant to a point approximately 70 feet below the Raw Water Booster Pump, then the
CWCB agreed that no injury would result to the ISF as a result ofthe augmentation plan in
Case No. 97CW306. The foregoing requirements were triggered when a certain level of
buildout and water usage was achieved which has not yet occurred.

G. The Authority completed the improvements to the Eagle River under the
stipulation in Case No. 97CW306. However, the District and Authority have not yet
constructed the new Avon Plant outfall.

H. The parties desire to enter into an agreement regarding discharges from the
Avon Plant in relation to diversions from the Raw Water Booster Pump and impacts to the
ISF.

Now, therefore, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:

1. In the event the Authority and/or the District discharge the treated effluent from the
Avon Plant to a location in the Eagle River 25 feet or less downstream of the Raw Water

11103