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- 2- o He and Rick McLoud will present the Water Users Subcommittee recommendations and ask the Board to endorse them as a block and add any comments. o Larry will then ask the Board to give Rod Kuahrich, the CWCB Director, the authority to enter into these agreements and then establish a Chatfield Reservoir Planning Fund for the Water Users to put their cost share money in that will be matched with the state and federal funds. o This planning account should fully fund the Feasibility Study Cost Share Agreement between the CWCB and the Corp. o Joe Busto asked that water users come for this presentation to show the support for the Water Users Subcommittee efforts. . Patti Wells, Denver Water requested that the CWCB approve the form before all of the water users take it to their boards for approval and signing. . There was discussion of a new water user interested in storage space, the newly formed Dominion Water and Sanitation District. It was determined that Dominion W & S is very new, not a district yet, still without a customer base and taxing authority. Dominion was not excluded from approaching one of the water users about an agreement to share some of their storage space. The Water Users Subcommittee recommendation is due to the CWCB by December 31 't, 2004. . There was discussion about water users not wanting the storage space at some point in the future but before final agreements are executed with the state and Corps. The resolution was that the storage amount would be turned into the CWCB and the CWCB will maintain a list of interested parties. . Marc Waage was concerned that entities were not just getting space to sell to the highest bidder in the future. Language in the agreements must state that use of the storage space is "consistent with EIS findings" or something to that affect. . The question came up on federal rules in the agreements and Fred Rios, the Tri-Lakes Area Operations Manager, stated in the existing Chatfield Project agreement the state is in charge of determining who gets the space. . In discussions it was agreed that there will be some shared use of storage space but that the uses, volumes and release timings can't change but that when storage space is transferred or changes hands it will be consistent with the New Corps Water Control Plan. . Fred Rios reminded us that it is up to the State Engineer's Office to assure there is compliance for releases below 5,000 cfs to releases below normal pool elevation. . Their will be a new water control manual developed after the completion of the Feasibility Study. Water Users wanted the CWCB to hold the Corps 404 permit but we will have to see what develops. . If it is determined that Hock Hocking Coalition and Perry Park Country Club will not meet the criteria set up for municipal water users in this agreement then potentially and IGA between them and one of the other water users may make it doable. . Discussion turned to what is a legitimate water user and Patti Wells General Counsel to Denver Water and a former CWCB Member led this discussion. It seems having a decreed water right, a track record of providing water and a service area and existing customer base. This type of criteria will be helpful. . Does the CWCB Finance Program have a policy to address the water user's issues. The idea here ~~ l-t....~ 1'"\"ITl'n ____l-~ __,.1 1___~ ____~_. _11 _.cl-t....~ l-~__~ __,.1 _TT_..l,J l~lT~ <-_ ___lT~ ~n_~ _.c~___~ ,J~l-_~1~ ~~ ~~~ ~ " ~~ b~ ~LL~~ ~LL~ L~~LL~ LLL~LL~.J ~LL ~L ~L~~ ~LLLL~ ~LL~ .. ~~L~ L~L~ ~~ LLL~L~ ~~~ ~ ~L ~~LLL~ ~~~~LL~ before they enter into a long-term contract with water users and the Corps. Some of the CWCB loan policies may help provide guidance in this process and will be researched by CWCB staff. Flood Protection. Water Project Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation Planning