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<br />, " <br />.rj11'5 <br /> <br />e\o\C <br />\, It F/. _ TH~ ~:~~~~;uito~:~~~~:;i~~~~~~~~,,) <br /> <br />oc \X '\ / \.\' AND PROPOSED CONSENT DECREE ("DECREE") BETWEEN THE COUNTY <br />1-. 0 AND CERTAIN OBJECTORS CONCERNING THE COUNTY'S APPLICATION <br />'\ ~~. . ~I FOR A RECREATIONAL IN-CHANNEL DIVERSION WATER RIGHT <br /> <br />~ ~ \'0 WHEREAS, Chaffee County, by and through its County Commissioners, has <br />:J applied for a water right known as a Recreational In-Channel Diversion ("RICD") water <br />right for the boating parks in the Town of Buena Vista and the City of Salida; and <br /> <br />CHAFFEE COUNTY, COLORADO <br />RESOLUTION 2006-22 [or 2006-23 if 302 Vacation is passed] <br /> <br />WHEREAS, various parties have filed objections to that water right application, <br />including Southeastern Colorado Water Conservancy District, City of Aurora, Arkansas <br />River Outfitters Association, Upper Arkansas Water Conservancy District, Pueblo West <br />_ Metrci'olitan District, City of Salida, Lower Arkansas Valley Water Conservancy <br />District, Colorado Water Conservation Board, Colorado Division of Parks and Outdoor <br />Recreation, Colorado Division of Wildlife, Colorado Division of Water Resources, <br />Colorado Department of Natural Resources, Colorado Springs Utilities, Trout Unlimited, <br />Castle Pines North Metropolitan District, Board of County Commissioners of Lake <br />County, and the Board of Water Works of Pueblo County (collectively "Objectors"); and <br /> <br />. <br /> <br />WHEREAS, the County and most Objectors have reached a tentative settlement <br />agreement with respect to the County's RICD application by way of an MOU or separate <br />stipulations, all of which would approve the proposed Decree; <br /> <br />WHEREAS, the Board of County Commissioners (the "Board") believes it is in <br />the best interest of the public and the community to settle these issues with the Objectors. <br /> <br />NOW THEREFORE be it unanimously resolved by the Board as follows: <br /> <br />The Board has reviewed and hereby approves the MOU and Decree attached <br />hereto as Exhibits 1 and 2, subject to the following conditions: (1) consent by all <br />Objectors to the proposed Decree attached hereto as Exhibit 2, with the exception ofthe <br />Colorado Water Conservation Board and Colorado Division of Water Resources, either <br />through execution ofthe MOU or by separate stipulation with Objectors not a ParD' to the <br />MOU; and (2) adequately addressing the few remaining issues that Chaffee County or <br />any other party may have with the MOU, so long as the MOU is no more restrictive on <br />Chaffee County than Exhibit I. If the above conditions are not satisfied, the County <br />reserves its right to proceed with adjudicating a decree consistent with its application. <br /> <br />. <br /> <br />The Board directs their Special Water Counsel to negotiate the final language of <br />the MOU and proposed decree, so long as not substantially different from the attached, <br />and the Chairman or Acting Chairman is authorized to execute and deliver such MOU. <br /> <br />Bdl54 <br />