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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Attachment A

INTERGOVERNMENTAL AGREEMENT

The Colorado Water Conservation Board; an agency of the State of Colorado ("Board")
and the City of Aspen, a Colorado municipal corporation and home rule city ("Aspen"), in
consideration of the mutual promises contained in this document, agree as follows:

1. The Board is the owner of a 12 cubic foot per second (cfs) instream flow right
to maintain a minimum stream flow to protect the natural environment to a reasonable degree
on Castle Creek, a tributary of the Roaring Fork River in Pitkin County, Colorado. Said
instream flow right was decreed on June 5, 1980, in Case No. W-2947, with an appropriation
date of January 14, 1976.

2. The Board detennined, and the Court decreed, in connection with the instream
flow application in Case No. W-2947, that the natural environment in Castle Creek can be
preserved to a reasonable degree with a minimum instream flow of 12 cfs.

3. C.R.S. ~ 37-92-103(3) provides that the Board is vested with the exclusive
authority, on behalf of the people of the state of Colorado, to appropriate such instream flows.

4. Pursuant to C.R.S. ~ 37-92-102(3), the Board is vested with statutory authority
to acquire by contractual agreement such water, water rights, or interests in water as the Board
detennines may be required for minimum stream flows to preserve the natural environment to
a reasonable degree.

5. Aspen owns the following decreed water rights on Castle Creek which are senior
to the Board's instream flow rights on Castle Creek, and which are the rights on Castle Creek
most likely to affect the Board's instream flow rights:

Name Priority No. Decree Decreed Aspen's Decreed Use
Anlt. share
(cfs)
Castle CreeJc- 136(A) CA 493 60.0 60.0 Municipal
Midland Flume 207 CA 494 100.0 100.0 Municipal
Holden Ditch 613 CA 4033 30.0 25.9 Irrigation
Marolt Ditch 279 CA 3053 18.6 13.6 Irrigation
Si Johnson Ditch 422 CA 3082 3.5 1.55 Irrigation
435 CA 3082 2.0 1.00

6. Aspen wishes to use its Castle Creek water rights as described herein to assist the
Board in maintaining the decreed instream flows on Castle Creek between the Midland Flume
and the confluence of Castle Creek and the Roaring Fork River at times when the decreed
instream flows in Castle Creek do not yield 12 cfs in that reach of Castle Creek. To accomplish
this Aspen is willing to (1) operate its own water rights as herein described to assure that there