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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Booster Pump, such discharge up to 10 cfs (the current capacity ofthe Avon Plant) will be .
considered to occur at or upstream of the Raw Water Booster PUDlp for purposes of
determining injury from diversions at the Raw Water Booster PUDlp to and augmentation of
the ISF. If the Authority does not meet its obligations identified in this MOA, then the
CWCB will not consider such discharges to occur at or above the Raw Water Booster Pump.

2. At times when the flow of the Eagle River immediately downstream of the Metcalf
Ditch Headgate is less than the current amounts decreed to the ISF as a result of diversions by
the Authority, the Authority shall, when physically possible, divert at the Raw Water Booster
Pump the water it would otherwise have diverted at the Metcalf Ditch Headgate. This
provision is limited to the physical capacity of the Raw Water Booster PUDlp and shall not in
any manner be construed as a subordination of any ofthe Authority's water rights to the ISF.
In the event a final, unappealable judgment is entered by any court finding that this MOA
constitutes a subordination of any of the Authority's water rights to the ISF, this MOA shall
become null, void and of no further force or effect.

3. Nothing in this MOA shall be construed as a subordination ofthe CWCB's ISF right to
any other water rights(s). In the event a final, unappealable judgment is entered by any court
finding that this MOA constitutes a subordination of the CWCB's ISF right to any other water
right, this MOA shall become null, void and of no further force or effect. In the event this
MOA becomes null and void because of a court finding that the MOA constitutes a
subordination of a party's water rights, then the parties shall cooperate in good faith to
develop a substitute agreement that accomplishes the mutual objectives of the MOA in a
manner that does not constitute a subordination. This MOA shall not prohibit or otherwise .
preclude the CWCB from participating in any future water cases or enforcing the terms of this
MOA or other decrees as long as such participation is not inconsistent with the terms ofthis
MOA.

4. The Authority agrees that it will not initiate any action that will result in the permanent
reduction of the capacity ofthe Raw Water Booster PUDlp. This MOA is also not intended to
affect the operation of the Edwards Drinking Water Facility Diversion or the Authority's
other diversion points.

5. The Authority and/or District shall maintain the improvements made by the Authority
in the Eagle River in connection with the construction of the Raw Water Booster PUDlp and
shall consult with the Colorado Division of Wildlife to ensure that said improvements fully
achieve the intended purpose of concentrating and directing flows to the north bank of the
river at ~imes of low flows to enhance fish passage and improve the flow of water into the
Raw Water Booster PUDlp. At a minimum, the Authority and/or District shall maintain said
improvements to comply with Special Condition #2 ofthe Dept. ofthe Army Permit No.
199575126 issued to the Authority in connection with the construction ofthe Raw Water
Booster Pump diversion structure and the improvements described above, particularly the
requirement that the depth of the streambed along the shoreline be maintained to allow
sufficient velocity to scour sediment.

6. The Authority and/or District shall provide the DOW with all plans and specifications
for the new Avon Plant outfall upon completions of such plans and specifications.

7. The parties shall provide a copy of this MOA to the Division Engineer for Water .
Division 5 and request that the Division Engineer give the MOA full force and effect in

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