BOARD02105

• Board Meeting Date: 5/23/2005
• Description: ISF Section - MOA Between the Eagle River Water & Sanitation District and the Colorado Department of Natural Resources
• Board Meetings - Doc Type: Memo

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Authority system (the "System Interconnect"), The System Intercormect allows
the District to divert water from the Eagle River below Gore Creek, reducing the
demand for pumping from the well field located at the upper end of the Vail Golf
Course by 1,5 cfs, The water that historically would have been diverted at the
well field thus remains in Gore Creek and the Eagle River downstream to the
intakes for the A von Water Treatment Plant.

ii. In 1997 the Vail Mountain Ski Area completed construction of the Dowds
Junction snowmaking intake facility at the confluence of Gore Creek and the
Eagle River, This allows the ski area to effectively utilize in-basin sources of
augmentation water available from Eagle Park and Homestake Reservoirs, The
District and Vail Resorts have entered into an agreement that allows the District
to utilize the Dowds Junction intake for diversion of domestic water supply, This
will further reduce the demand for pumping from the well field while also
allowing the District to directly utilize in-basin augmentation water from Eagle
Park and Homestake Reservoirs in lieu of water from Green Mountain Reservoir,

Agreement

Now, therefore, in consideration of the above recitals and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:

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1, Second Enlargement Usage, The Second Enlargement will increase the capacity
of Black Lake No, 1 by 107 acre-feet which, combined with the reduction in the minimum pool
by 18 acre-feet, will increase the active capacity of the reservoir by 125 acre-feet. This will
increase the total active storage capacity of Black Lakes Nos, 1 and 2 to 425 acre-feet. The
parties agree that the District can use the 125 acre-feet for all ~eneficial uses at any time of the
year, including (but not limited to) supplemental water for the Vail golf course,

2, 300 AF Usage, (a) In addition, this Agreement allows the District to use
any portion of the existing 300 AF of Black Lakes usage storage for any beneficial use at any
time of year to the extent the District utilizes water during the December through March period
from the System Interconnect and/or the Dowds Junction intake and pipeline, in lieu of the
District's Gore Creek alluvial well field,

(b) Subject to the provisions of paragraph 2(a) above, the remaining portion ofthe
existing 300 AF of usage storage of Black Lakes shall be released to augment streamflows in
Gore Creek during the months of December through March, By way of illustration and example,
if the District imports 100 acre-feet into the Gore Creek basin during the period December
through March via the System Intercormect, then the District may utilize 100 acre-feet of the
existing 300 AF of Black Lakes for any beneficial use during any time of that remaining water
year, The remaining 200 acre-feet of Black Lakes shall thereupon be used to augment Gore
Creek streamflows during December through March,

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