BOARD02432

• Board Meeting Date: 1/12/1998
• Description: ISF Section - Water Acquisition Program - City of Aspen
• Board Meetings - Doc Type: Memo

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Colorado Water Conservation Board
Department of Natural Resources
721 Centennial Building
'313 Shennan Street
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]

STATE OF COLOMDO

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MEMORANDUM

Roy Romer
Cove,"",

JAmes S. Lochhead
Exewtive Direcror. DNR

DAnese. Lile. P.E.
Oireaof, ewes

TO: Colorado Water Conservation Board Members

FROM: Dan Merriman
Bahman Hatami

DATE: January 21, 1998

SUBJECT: Agenda Item 17a, January 28-29, 1998, Board Meeting --
Instream Flow Program - Water Acquisition Program
City of Aspen

Backl!Iound

At its September 22, 1997 meeting, the Board directed the staff to pursue an intergovernmental
agreement with the City of Aspen (Aspen) regarding Aspen'sproposal to assist the Board in
maintaining the Board's instream flow water right on Castle Creek. The Board currently holds an
instream flow (ISF) water right on Castle Creek for 12 cfs with an appropriation date of January
14,1976 that could benefit from Aspen's proposal. Staff and the Attorney General in cooperation
with Aspen representatives have developed the attached agreement (Attachment A), which is
tailored to address the terms and conditions of the Board and Aspen. Aspen City Council approved
this agreement at its December 15, 1997, meeting,

Aspen owns several municipal and irrigation water rights that are senior to the Board's ISF right
and are also senior to the majority of other water users on Castle Creek. The municipal water is
generally diverted from the Midland Flume while the irrigation rights are diverted from three
ditches located between the Midland Flume and the confluence of Castle Creek and the Roaring
Fork River (See maps, Attachments B & C). Aspen's diversion of water under these rights has the
potential to reduce the flow in Castle Creek to below 12 cfs; the amount of the Board's decreed ISF
right.

Svnopsis of the Intenzovemrnental Aereement

Aspen proposes to forego diversion of a portion of its municipal and/or irrigation water rights to
maintain a streamflow of 12 cfs on Castle Creek between the Midland Flume and the confluence
of Castle Creek and the Roaring Fork River. However, before making any water available for