Town of Castle Rock Agreement for Aquisition

AGREEMENT FOR ACQUISITION OF CHATFIELD RESERVOIR
REALLOCATION PROJECT SHARES FROM THE STATE OF COLORADO
THIS AGREEMENT is entered into as of the last date any party signs this
Agreement, by and between the State of Colorado, acting by and through the
Department of Natural Resources, Colorado Water Conservation Board ("CWCB"),
and the Town of Castle Rock, a Colorado home rule municipal corporation, by and
through the Town of Castle Rock Water Enterprise, 100 N. Wilcox Street, Castle
Rock, Colorado 80104 ("Purchaser").
1. Recitals
l.l. Section 204 of the Flood Control Act of 1950 (Public Law 81-516), as
modified by Section 88 of the Water Resources Development Act of 1974 (Public
Law 93-251), authorized the construction, operation, and maintenance of the
Chatfield Dam and Reservoir Project, Colorado (hereinafter the "Chatfield
Reservoir"1 for flood control and other purposes, and Chatfield Reservoir has been
constxucted and is operational.
1.2. Chatfield Reservoir is located in Sections 1, 2, 11, 12, 13, 14 and 23,
To�•nship 6 South, Range 69 West, 6th P.M. and Sections 6, 7 and 18, Township 6
South, Ran�e 68 West, 6th P.M. in Dou�;las and Jefferson �`�ounties, Colorado. It is
owned bv the United States of America, was constructed fo. flood contro) and other
purpo�es, and is operated by the Department of the Army represented by the
Assistant Secretary of the Army (Civil Works) ("Government").
1.3. Section 808 of the Water Resources Development Act of 1986 (Public
Law 99-662), as amended by Section 3042 of the Water Resources Development Act
of' 2007 (Public Law 110-114), authorized the reallocation of storage space in
Chatfield Reservoir for joint flood control-conservation purposes, including storage
for municipal and industrial water supply, agriculture, environmental restoration,
and recreation and fishery habitat protection and enhancement, upo�i a finding of
feasibility and economic justification by the Chief of Engineers, and, in accordance
with the provisions of'the Water Supply Act of 1958 (Title III of Public Law 85-500)
as amended (43 U.S.C. 390b), the Federal Water Project Recreation Act (16 U.S.C.
4601-12 et seq.), and such other f'ederal laws as the Secretary determines
appropriate, upon agreement of non-I��ederal interests to repay the cost allocated to
such storage.
1.4. The State of Colorado �y and throu�h the CWCB and the Government
entered into the Chatfield, Cherry Creek and Bear Creek Feasibility Study
(Contract No. C153882) on September 2, 1999 to study the feasibility of reallocating
existing storage space in Chatfield Reservoir.