Laserfiche WebLink
~ x h ~~ 6 ~ -f- .~ __ <br />" - , ;;~tl~ <br />_ . .... , s: .. <br />OLD DILLON RESERVOIIt CONSORTIUM <br />INTERGOVERi~[NIENTAL AGREEMENT <br />BETWEEN SUMMIT COUNTY, T~WN OF DILLON, AND TOWN OF SILVERTHORNE <br />THIS AGREEMENT ("Agreement") is tnade and entered into this day of <br />, 2005 by and between SUMMIT COCTNTY, C4LORADO (the "County"), the <br />TOWN OF DILLON, COLORADO, a municipa] corporation ("Dillon"), and TOWN OF <br />SILVERTHORNE, COLORADU, a.municipal corporation ("Silverthorne"). The Towns and the <br />County shall be referred to as the "Parties." <br />RECITALS <br />A. Summit County is a political subdivision of the State of Colorado created a~zd <br />existing pursuant to Section 1, Art. XIV of the Colarado Constitution, C.R.S. § 30-5-168, and <br />other applicable Colorado Iaw. 5umnnit County is authorized to construc#, own, operate and <br />maintain water storage facilities pursuant ta C.R.S. § 30-20-402. <br />B. C.R.5. § 29-1-201, et seq., and Section 2, Art. XI and Section 18, Art. XN of the <br />Colorado Constitution authorize and encourage governmental entities to enter into contracts with <br />each other for the purpose of making the most effective and efficient use of their powers and <br />responsibilities through mutual cooperation. <br />C. Old Ditlon Reservoir was originally consriucted in 1939 by the Town of Dillon <br />("Dillon"} witi~ a capacity of 46.14 acre feet. Dillan obtained a decree confirming its water <br />storage right fcr Cld Di11on Reservair i~ Case No. C.A. 1806, Summit County District Court on <br />March 10, 1952 ("Original Decree"). As part of Suirunit County's efforts ta meet the current and <br />future water needs of its residents, Summit County obtained consent for the enlargement of ~ld <br />Dillon Reservoir from Dillon as evidenced by the Water Agreement dated August 24, 1992 <br />("1992 Agreement"). Dillon retained 100% of the Original Decree, all easements and rights-of- <br />way necessary to utilize its decreed rights in Oid Dillon Reservoir, and a right to participate in, <br />and own, up to 20% of the capacity of the enlargement by paying its pro rata portion of the costs <br />of the enlargement. Sumxnit County and Dillon obtained a decree confirming a conditional water <br />storage right for the Old Dillon Reservoir First Enlargement in the amount of 150 acre feet, and <br />Summit County obtained a decree confirming a plan of exchange to store up to 53.4 acre feet of <br />Windy Gap water in the Old Dillon Reservoir First Enlargement in Case No. 93CW288, on <br />February 10, 1997 ("Enlargement Decree"). The Town of Silverthome ("Silverthorne") owns <br />11.87 acre feet of Valaer Ditch water rights that were changed to allow storage in the Old Dillon <br />Reservoir First Enlargement by the Enlargement Decree; such storage would be 4.b% of the <br />capacity of the Enlargement. SiIverthorne does not have any present ownership interest in or <br />right to use Old Dillon Reservoir or the Enlargement. <br />D. On behalf of the Parties to this Agreement, the County has entered into an <br />Intergovernmental Agreement (attached to this Agreement as "Exhibit A") with the Colorado <br />River Water Conservation District (the "River District") to manage a project for an evaluation of <br />alternatives to improve the utility of Oid Dillon Reservoir, including a potential enlargement, and <br />~ <br />C:IDOCIlMENT$ AIVD SEITINGSICMCDONNELLILOCAL SE'fTINGS1TEMpOIiARY INTERNEf FILESIOL{(20\20056908-LOCAL IGA OL6 DILLON CON50RTIUM- <br />PETROS DRAFT CIEAN (2).DOC <br />1 <br />