05

• Board Meeting Date: 7/11/2007
• Description: Flood Section - Approval of Re-distribution Agreement for the Chatfield Reservoir Reallocation Project
• Board Meetings - Doc Type: Memo

CWCB Resolution 2007~3
Storage Space Re-Distribution for the Chatfield Reservoir Reallocation Project

WHEREAS, The Colorado Water Conservation Board (CWCB) entered into a "Feasibility Cost Share
Agreement" '.'vith the Omaha District of the U.S. Army Corps of Engineers to investigate the feasibility of
realJocating existing storage space within Chatfield Reservoir for water supply purposes; and

WHEREAS, the CWCB also entered into "Letters of Commitment" related to the reallocation of storage
space in Chatfield Reservoir with various water entities (Water Users) regarding the proposed reallocation of
storage space in the reservoir and the proposal to "reassign a portion of the storage space in Chatfield Lake to
joint flood control-conservation purposes, including storage for municipal and industrial water supply,
agriculture, and recreation and fishery habitat protection and enhancement" ; and

\VHEREAS, the Letters of Commitment were executed by 16 Water Users and established a distribution of
the reallocation of storage space in Chatfield Reservoir as provided in the attached Exhibit A, which is a
correct copy of the Exhihit A attached to each of the individual Letters of Commitment. The Water Users
were divided into the Upstream and Downstream Groups as provided in Exhibit A; and

WHEREAS, the Letters of Commitment provided that if any Water User elected to opt out of its storage
allocation in Chatfield Reservoir, it would provide written notice to all of the Water Users in that Water
Users assigned group (the Upstream or DO\vllstream Group) and each of the remaining Water Users within
that group \vould have the option of acquiring their prorated share of the surrendered allocation; and

WHEREAS, by letter dated December 20,2006, Hock Hocking, LLC., a Water User within the Upstream
Group, provided notice to the Upstream Group of its intent to opt out of its allocation in Chatfield Reservoir
and of the proposed terms for acquisition of Hock Hocking's surrendered allocation; and

WHEREAS, all of the Water Users within the Upstream Group with the exception of Roxborough Water and
Sanitation District, Parker Water and Sanitation District, and Perry Park Country Club elected to acquire
their proportional share of Hock Hocking's surrendered allocation. A table distributing the prorated amounts
of the Hock Hocking surrendered allocation among the participating Water Users of the Upstream Group is
attached as Exhibit B; and

WHEREAS, Hock Hocking and the Water Users of the Upstream Group acquiring the Hock Hocking
surrendered allocation have requested that the CWCB approve the distribution of the Hock Hocking
surrendered allocation according to the table in Exhibit B as a condition precedent to completing the
acquisition of Hock Hocking's surrendered allocation.

NOW THEREFORE BE IT RESOLVED by the Colorado Water Conservation Board:

L Hock Hocking, LLC., followed the procedures for opting out of its Letter of Commitment and it is
released from its Letter of Commitment related to the Reallocation of Storage Space in Chatfield
Reservoir dated March 3,2005. Hock Hocking's rights and obligations in the reallocation of
Chatfield Reservoir are terminated.

2. f-lock Hocking, LLC's surrendered I 00 acre~foot allocation in Chatfield Reservoir has been re-
distributed between those members of the Upstream Group electing to acquire their prorated share of
Hock Hocking's surrendered allocation, pursuant to the requirements in the Letters of Commitment.
A table establishing the distribution of Hock Hocking's surrendered allocation is attached as Exhibit
R The CWCB expressly approves the distribution of Hock Hocking's surrendered allocation as
provided in Exhibit B. The form of the assignment from Hock Hocking to the participating Water
Users is attached as Exhibit C and this assignment instrument is approved by the eWCR

Flood Protection. Water Project Planning and Finance. Stream and Lake Protection
Water Supply ProtectIOn. ConservatIOn Planning