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JAN ~0 '9E 10~51AM CITY OF ASPEN ~ p,4 " <br />• ~ • , <br />L'~'~TER~~'~ER.'V~1~IENTA-~. AGREElV1ENT <br />" , The Colorado Water Conservation Board, an agency of the State of Colorado ("Board") <br />and the CityT of -Aspen, a Colorado municipal corporation and home rule city ("Aspen"), in <br />,consideration of the mutual promises contained in this document, agree as follows: <br />" 3. The Board is the owner of a 12 cubic foot per second {cfs) instream flow right " <br />to mainiain a minimum stream flow to protect the natural environment to a"reasonable degree <br />on Castle Creek, a tributary of the Roaring Fork River in Pitkin County, Colorado. Said <br />insueain flow right was decreed on June 5, 1980, in Case No. V~-2947, with an appropriation " <br />" date of January .4, 3976. - <br />" ~ 2. The Board determined, and the Court decreed, in connection with the instrearn <br />' flow application in Case 1Vo, W-2947, That the natural environment in Castle Creek can be <br />preserved to a teas,onable degree with a minimum instream flow of 12 cfs . <br />" 3 . C . I~. S . ~ 37=92-103{3} provides that the Board i~ vested with the exclusive - " <br />. autl~orzry, on •behalf of tie people of the state of Colorado, to appropriate such• instream flows. <br />4 . ~ Pursuant to C . R. S . § 3 7 -92-102(;}, the Board is vested with statutory authority <br />to acquire by contractual agreement such water, water rights, or interests in water as the Boatel <br />determines Tray be required for minimum stream flows to preserve tl!lie natural environment to <br />' a reasonable degree. <br />• " ~ ~ 5. Aspen owns the following decreed water rights on Castle Creek which are senior <br />to the Beard's ir~stream flotiv rights on-Castle Creek, and which are the rights on Castle Creek <br />mast likely"~to affect~the Board's instream flow rights: - <br />Name ~ Priority ivo. Decrcc Decreed Aspen°e Decreed Usc ' <br /> Amt. share - <br /> (cfs) " <br />Ca~t~e Creek- 136(A) CA 493 b0.0 _60.0 Municipal <br />Midland, l~:~me 20 ~ CA 494 100.0 '100.0- ~ Municipal - <br />-Halden Ditch ~ 613 CA 4t}33 30.0 25.9 Irrigation - <br />1tilarolt Ditch ??~ CA 3053 18.b I3.6 Irrigation <br />n Ditch <br />Si Johnsa 422. CA 3081 3.3 1.~5 Irrigation <br />_ 433 CA 3082 2.0 1.00 - <br />" ~ 4. aspen wishes to use its Castle Creek water rights as described herein to assist the <br />' ~ $o~r~3 in maintaining the decreed instream flov~~s on Castle Creek between the Midland Flume <br />and the confluence of Castle Creek and the Roaring Fork River at times when the decreed <br />ins~:ream flows in Castle Creek do not yield 12 cfs in that reach of Castle Creek. To accomplish <br />. ~ this Aspen is willing to "(1) operate its own water rights as herein described to assure that there <br />