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<br />. <br /> <br />. <br /> <br />. <br /> <br />Intergovernmental Agreement <br />May 15, 1991 <br />Page 4 <br /> <br />Case No. 82CW340 concerning minimum flows in Lottis Creek is <br /> <br />found not to bind Arapahoe, and Arapahoe elects to operate the <br /> <br />union Park Reservoir in such a way as to increase flows over <br /> <br />those contemplated in said Stipulation, Arapahoe will obtain an <br /> <br />additional 3-1/2 miles of such public stream access to mitigate <br /> <br />for large flows in Lottis Creek which would prevent stream <br /> <br />fishing access. said public access shall be in the nature of <br /> <br />easements, fee ownership, or any other legal right, at Arapahoe's <br /> <br />sole election and discretion, which will guarantee public access <br /> <br />for fishing purposes. said public stream access may be acquired <br /> <br />at any time prior to construction of the Union Park Reservoir, <br /> <br />but Arapahoe need not commence such acquisition until all the <br /> <br />permits needed for construction of the Union Park Reservoir <br /> <br />Project have been issued. <br /> <br />4. Arapahoe shall have no duty to acquire said public <br /> <br />access if the Union Park Reservoir Project is not constructed for <br /> <br />any reason. <br /> <br />5. Arapahoe does not waive its legal position that <br /> <br />inundation of CWCB minimum stream flows is not "injury" under <br /> <br />Colorado law. <br /> <br />6. CWCB recognizes that Arapahoe's condemnation powers may <br /> <br />not apply to the acquisition of public access for fishing <br /> <br />purposes, and CWCB agrees to make good faith efforts to assist <br /> <br />arap178\stLps\cvcb$ <br />