BOARD00084 ‎(2)‎

• Board Meeting Date: 11/14/2006
• Description: ISF Section - Proposed Memorandum of Agreement with Upper Eagle Regional Water Authority and Eagle River Water and Sanitation District
• Board Meetings - Doc Type: Memo

.-

-.~

.

.

MEMORANDUM OF AGREEMENT

This Memorandum of Agreement ("MOA") is made this _ day of
2006 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 comer 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 effiuent to the Eagle River at a point
approximately 350 feet downstream of the Raw Water Booster Pump. The capacity ofthe Avon
Plant is 10 cfs.

D. The District and Authority desire to relocate the discharge of the treated effiuent
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 in stream 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 ifthe
Authority and applicants in that case made certain improvements to the Eagle River to help
maintain a fish passage during periods oflow 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 of the augmentation plan in Case No.
97CW306. The foregoing requirements were triggered when a certain level of build out 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. The
parties acknowledge that at times, discharges from the Avon Plant may include water returning
from diversion points other than the Raw Water Booster Pump.

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 effiuent from the Avon
Plant to a location in the Eagle River 25 feet or less downstream of the Raw Water Booster
Pump, such discharge up to 10 cfs (the current capacity of the Avon Plant) will be considered to
occur at or immediately upstream of the Raw Water Booster Pump for purposes of determining
injury to the ISF from depletions resulting from diversions by the Authority and the District at