Instream Flow Acquisitions
10/27/2011 11:06:51 AM
2/19/2009 12:34:44 PM
Instream Flow Acquisitions
Instream Flow Acq - Doc Type
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is an instream flow of 12 cfs in Castle Creek between the Midland Flume and the confluence <br />of the Roaring Fork River; and (2} provide the measuring and monitoring services herein <br />described to determine whether a call should be placed against junior water rights to protect the <br />Board's decreed instream flow on Castle Creek. <br />7. At its own cost, Aspen will install at the Midland Flume measuring devices, <br />approved by the Division Engineer, which are capable of continuously measuring stream flows <br />in Castle Creek during low streamflo~vs at that location. Also at its cost, Aspen will, to the <br />extent necessary, rebuild or reconfigure its Midland Flume to permit the continuous bypass of <br />at least 12 cfs of water in Castle Creek at the Midland Flume. <br />8. When the streamflow on Castle Creek falls below 12 cfs, as measured at the <br />I~lidland Flume, the Board or Aspen, pursuant to this Agreement, will place a call under the <br />Board's instream flo«~ priority as decreed in Case No. W-2974. Once the Division Engineer has <br />administered the call and less than 12 cfs remains in the stream immediately downstream of the <br />Midland Flume, Aspen will allow water available to it from its Midland Flume and Castle Creek <br />Flume water rights to bypass the Midland Flume to the extent necessary to assure that there is <br />an instream flow- of 12 cfs immediately downstream of the Midland Flume, provided, however, <br />that the maximum bypass that will be required of Aspen under this Agreement is 12 cfs, and <br />further provided that Aspen retains the right to -divert its water rights notwithstanding this <br />paragraph if needed for municipal purposes under circumstances such as extraordinary drought <br />or emergency conditions in its municipal water supplyJ. Aspen will not call its water right to <br />provide «-ater to supply the Board's decreed instream flow. <br />9. The parties agree that for purposes of this Agreement, the streamflow at the <br />confluence of Castle Creek and the Roaring Fork River will be determined by subtracting from <br />measurement of streamflow at the Midland Flume the diversions from Castle Creek by the <br />Holden, ~iarolt and Si Johnson Ditches. The parties acknowledge that this measurement method <br />does not take into account diversions by the Tagert Ditch, which is decreed for 1.39 cfs, but the <br />parties believe that natural accretions and return flows to Castle Creek may be sufficient to offset <br />diversions by the Tagert Ditch. <br />10. Aspen's interests in the Holden Ditch, Marolt Ditch, and Si Johnson Ditch are <br />currently used for irrigation purposes. Aspen agrees that when the Board's instream flow decree <br />is not met at the confluence of Castle Creek and the Roaring Fork River (determined as provided <br />in paragraph 9 above), a call has been placed by the Board or Aspen pursuant to this Agreement, <br />and the Division Engineer has administered the call placed pursuant to the Board's instream flow <br />priority-, Aspen will allo«= water available to it from its Holden Ditch, Marolt Ditch, and/or Si <br />Johnson Ditch water rights to bypass their respective headgates, or will bypass additional water <br />from its ~%iidland Flume and Castle Creek Flume water rights, to the extent necessary to assure <br />that the instream flow of 12 cfs is met at the confluence of Castle Creek and the Roaring Fork <br />River, provided, however, that the maximum bypass that will be required of Aspen under this <br />Agreement is 12 cfs, and further provided that Aspen retains the right to divert its water rights <br />notwithstanding this paragraph if needed for municipal purposes under circumstances such as <br />2 <br />
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