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<br />. <br /> <br />. <br /> <br />. <br /> <br />Agenda Item 13 <br />May 21, 1991 <br /> <br />C. If possible, the Board's conditional water rights would be used and <br />Lakewood would not object to any subsequent applications by the Board <br />making the conditional rights absolute within the limitations of the <br />existing decrees. <br /> <br />D. Lakewood would bear any costs associated with such storage. <br /> <br />E. Lakewood ,,!ould agree to participate in the operation of the two stream <br />gages monitoring inflow to the Lake. <br /> <br />F. Lakewood agrees to "hold the state harmless" for any damages, losses, <br />injuries, etc. resulting from the City's operations or activities at the Park. <br /> <br />G. The City agrees to accept responsibility for the Board's channel <br />maintenance obligations on that segment of Bear Creek below Mt. <br />Carbon Dam within the Park. <br /> <br />Analysis <br /> <br />As negotiations proceeded, it was determined that Lakewood was already <br />participating in the maintenance and operation of the two stream gages as part of the <br />continuing water quality studies in the basin. <br /> <br />Additionally, conditions in a stipulation attached to the Board's water rights <br />which involved the Central Colorado Water Conservancy District and Lakewood made <br />it impossible to utilize the Board's water rights on the golf course without Central's <br />approval which approval Central did not provide. Thus, Lakewood is seeking a <br />temporary substitute supply plan utilizing its own water rights. <br /> <br />Finally, given the controversial nature of this particular golf course, it was <br />deemed necessary to provide some flexibility in utilizing the water if and when final <br />approval to construct the golf course is obtained. This flexibility is provided in the <br />agreement by extending from I-year to 2.5-years the period of temporary storage with <br />the further flexibility to begin such storage anytime within the next 5 years. <br /> <br />Lakewood has agreed to accept the Board's channel maintenance responsibility <br />upon the commencement of storage. Channel maintenance will be in accord with the <br />Board's agreement except that a revised floodplain attached to the agreement will be <br />used in place of that in the Board's 1972 agreement. The revised floodplain is more <br />detailed in delineation and at least equal to if not greater than that contained in the <br /> <br />2 <br />