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Town of Castle Rock Agreement for Aquisition
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Town of Castle Rock Agreement for Aquisition
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10/14/2016 11:20:02 AM
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Chatfield Mitigation
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1.5. The CWCB entered into a series of "Letters of Commitment" with more <br />than a dozen water provider entities ("Water Providers") during the feasibility <br />study. <br />1.6. The Letters of Commitment allocated storage space in Chatfield <br />Reservoir that will be made available by the Chatfield Reservoir Reallocation <br />Project ("Reallocation Project") as "shares" in the Reallocation Project. The Letters <br />of Commitment specified that a Water Provider may opt out of its share of storage <br />space in Chatfield Reservoir at any time, provided that the Water Provider allows <br />other participating entities an opportunity to purchase the relinquished shares as <br />required by provisions 5.a through 5.c of the Letters of Commitment. Any <br />relinquished portion of the shares not acquired by other entities (also known as and <br />herein referred to as "Orphan Shares") may be retained by the Water Provider or <br />conveyed to the CWCB, which holds the Orphan Shares of storage space for later <br />redistribution. The Letters of Commitment authorized the CWCB to develop <br />methods for distributing or selling the Orphan Shares to the water community. <br />1.7. The Government has issued its Chatfield Reservoir Storage <br />Reallocation Final Integrated Feasibility Report and Environmental Impact <br />Statement dated July 2013, Addendum No.l, dated March 2014, and Addendum <br />No.2, dated September, 2014, (collectively the "Reallocation Report") evaluating the <br />Reallocation Project. On May 29, 2014, the Government issued its Record of <br />Decision determining that the reallocation of 20,600 acre-feet of storage space from <br />the exclusive flood control pool to a joint-use flood control-conservation pool for <br />municipal and industrial water supply and other purposes is feasible and <br />economically justified, provided that certain recreation modifications and <br />compensatory mitigation features are undertaken pursuant to the Reallocation <br />Report. <br />1.8. The Government and the Colorado Department of Natural Resources <br />("CDNR") have entered into an "Agreement Between the Department of the Army <br />and the Colorado Department of Natural Resources for Reallocation of Water <br />Storage Space, Recreation Modifications, and Compensatory Mitigation Features at <br />the Chatfield Dam and Reservoir, Colorado" dated October 9, 2014 ("Water Storage <br />Agreement"), by which CDNR acquired the right to use for water storage purposes <br />the 20,600 acre-feet of storage space referenced above, subject to the terms stated <br />therein. The Water Storage Agreement contemplates that CDNR will enter into <br />agreements with Water Providers for the use of storage space in Chatfield Reservoir <br />to store water supplies owned or used by them, and for the performance of the <br />recreation modifications and the compensatory mitigation features. <br />1.9. Section 116 of Division C, Omnibus Appropriations Act, 2009 (Public <br />Law 111-8), as amended by Section 4013(� of the Water Resources Reform and <br />Development Act of 2014 (Public Law 113-121), authorizes the Colorado <br />Department of Natural Resources (or a designee of the Department) to perform <br />Page 2 of 13 <br />
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