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<br />>II \t <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />.f d <br /> <br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866.3441 <br />FAX: (303) 866.4474 <br />www.cv..cb.state.co.us <br /> <br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Governor <br /> <br />To: <br /> <br />Colorado Water Conservation Board <br /> <br />Russell George <br />Executive Director <br /> <br />Prom: <br /> <br />Rod Kuharich <br />CWCB Director <br /> <br />Dan Merriman <br />Bahman Hatami <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />Date: <br /> <br />May 10, 2005 <br /> <br />Subject: <br /> <br />Consent Agenda Item 1, May 23-25, 2005 Board Meeting, <br />MOA between the Eagle River Water & Sanitation District and the Colorado <br />Department of Natural Resources <br /> <br />Introductiou <br /> <br />The Board's approval ofthe attached Memorandum of Agreement would allow the Eagle River Water <br />and Sanitation District to proceed with the proposed second enlargement ofthe Black Lake No, I, <br />located near Vail Pass in Eagle County, The purpose of the project is to improve the overall water <br />management on Gore Creek to augment and protect the instream flows particularly through the Gore <br />Creek Gold Medal Fishery section, The active storage capacity of Black Lake No, 1 would be <br />increased by 125 acre-feet. The increased amount of water in addition to the first enlargement would <br />provide 425 acre-feet of water that could be used to offset municipal diversions on Gore Creek and <br />protect instream flow water rights on Gore Creek and Black Gore Creek. <br /> <br />Backl!Cound <br /> <br />The Forest Service constructed the original structure for Black Lake No, 1 in the 1940's, In the <br />1950's, the DOW reconstructed Black Lake No.1 and constructed Black Lake No, 2, Both lakes were <br />constructed pursuant to Special Use Permits with the Forest Service. <br /> <br />On January 30, 1986, the Department of Natural Resources, through the CWCB and DOW, entered <br />into a Memorandum of Agreement (MOA) with the then Vail Valley Consolidated Water District, <br />predecessor of the Eagle River Water and Sanitation District ("District"), that settled several water <br />court cases involving the Black Lakes, instream flow adjudications and changes of existing water <br />rights to municipal use by the District. The MOA also resolved environmental compliance issues <br />relating to a Green Mountain Reservoir Water Service Contract which the District had with the <br />Bureau of Reclamation, The original MOA provided that the District would enlarge Black Lake No, 1 <br />to total capacity of362 acre-feet in size and the District would have the use of227 acre-feet to offset <br />stream depletions caused by its diversions, The District would also be allowed to use up to 73 acre- <br />feet of water in Black Lake No.2 for the same purpose, Additionally, the District was responsible for <br /> <br />Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation and Drought Planning <br />