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•JAN ~0 '95 10=53AM CITY OF ASPEN P.6 <br />-~ ~ ~ • <br />extraordinary drought or erriergency conditions in its municipal water supply. <br />l l . The .Board -hereby authorizes Aspen to be its agent for administration and <br />moditoring of its instream flow right on Castle Creek. <br />1? . As' the Board's agent, Aspen shall be responsible for monitoring streamflo~rs in <br />Castle Creep at the Midland Flume, for operating the stream model described in paragraph 17 <br />to determine when the Board's instream rlow right is in priority in Castle Creek above and <br />below the Midland Flume, and for calibrating or refining such stream model from time w time. <br />if reasurement yr model results indicate that the Board's decreed instream flow is in priority, <br />but ghat there is not enough w ater physically available to fulfill the decree (without including the <br />Aspen bypASSes~, then Aspen shall contact the water commissioner .or Division Engineer .on the <br />Board's- behalf, •and call for curtailment of junioi water rights to make water available foi the <br />deoreed insir~eam flow. Aspen shall immediately report to the Boazd any time a call is made. <br />- 13. The Board recognizes that Aspen has agreed to bypass portions of its own water <br />rights to assist tie Boazd's instream flow program as described' herein in reliance on the•ability <br />of the Division Engineer, Watei Division ?v'o. 5, aAd water commissioner to administer Castle <br />Creek and its tributaries. Should the Division Engineer be unable to reasonably administer water . <br />rights on Castle Creek and its tributaries to •protect the instreatn flow, Aspen may refuse ~to <br />bypass water hereunder and, at its election, may terminate this .Agreement. <br />14. Aspen shall be responsible for maintaining all records necessary foi the <br />implementation ©f this Agreement, using forms mutually agreeable to the parties, and all records <br />. of sueamfls~w s at ~ the Midland Flume, and diversions by Aspen's water rights, as reasonably <br />required by the Division Engineer for administration of water rights {including the instreain <br />. •, f lover}. ~ in Castle Creek. <br />. 15 . Aspen will provide an annual report to the Board on the operation of this <br />Agreement, the actions taken by it as the Board's agent, and its planned operations -for the - <br />. upcoming year. The report shall be provided by January 1 of each year and shall address the <br />previous year's activities. <br />16. upon thirty (30} days advance written notice to Aspen, the Board may, in its sale <br />discretion, revoke this authorization for Aspen to. act as its agent; provided, however, that if the - " <br />Board revokes dais authorization, then it must assume at its own expense all responsibility for <br />" the administration and monitoring that w ould be undertaken by Aspen ul order to implement this <br />A.greeinert. If ~t:'~e Board fails to do so, Aspen may terminate this Agreement. . <br />17. • The parties agree to cooperate in the design and implementation of a <br />comprehensive stream measurement system on Castle Creek and development of a reliable model <br />of Castle Creek that will enable real-time administration of Castle Creek. The operational model <br />will be developed and calibrated to enable the parties to predict when the Board's decreed- <br />instrearn t?ow is in or out of priority in reaches both upstream and downstream of the Midland <br />- 3 <br />