BOARD02035

• Board Meeting Date: 5/16/2006
• Description: ISF Section - Arkansas River Instream Flow Appropriation
• Board Meetings - Doc Type: Memo

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AGREEMENT

This Agreement is entered into this ~O"'" day of fVI~ 2006 by and
between the Colorado Water Conservation Board ("CWCS"), an agency of the State of
Colorado, and the City of Pueblo, a municipal corporation ("Pueblo").

RECfT ALS

A. Pueblo has applied for a Recreational In-Channel Diversion water right in
Case No, 0lCWI60, Water ~ivision 2 (the "RICO Water Right"). The CWCS has
certain statutory responsibilities with respect to RICO water rights, as set forth in Colo.
Rev, Stat. ~37-92-102(6). The ewes has tiled a statement of opposition to the RICO
Water Right application.

B. Pursuant to Colo, Rev. Stat. ~31.92-102(3), the eWCB is vested with
authority to appropriate such waters as the CWCB determines may be required for
minimum stream flows to preserve the natural environment to a reasonable degree.

AGREEMENT

NOW, THEREFORE, Pueblo and the CWCB, in consideration of tbe mutual
promises and' agreements contained herein, and other good and vaiuable consideration,
the receipt and adequacy of which are hereby acknowledged, agree as follows;

I. The CWCB staff shall pursue in good faith, and the CWeB shall consider
in good faith, the appropriation of an instream flow water rigbt in the vicinity of the
reach of the Arkansas River from Pueblo Reservoir to the confluence of the Arkansas
River and Fountain Creek in the approximate amount of 100 cfs (the "ISF Water
Right"), pursuant to the procedures and requirements of Colo, Rev. Stat ~37.92.1 02(3)
and applicable rules, regulations, and guidelines of the CWeB.

2, Pueblo understands and agrees that neither the appropriation of, nor a
decree for. the ISF Water Right is guaranteed by the eWCB.

3. If an ISF Water Right is appropriated by the CWCB and decreed by the
Water Court, the parties agree that such ISF Water Right will continue to be used to
preserve the natural environment to a reasonable degree for the decreed segment(s) of
the Arkansas River from Pueblo Reservoir to the confluence of Fountain Creek,
pursuant to Colo. Rev. Stat ~37-92.102(3).