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<br />:.1 <br /> <br />INTER GOVERNMENT AL AGREEMENT <br /> <br />The Colorado Water Conservation Board, an agency of the State of Colorado ("Board") <br />and the City of Aspen, a Colorado municipal corporation and home rule city ("Aspen"), in <br />consideration of the mutual promises contained in this document, agree as follows: <br /> <br />1. The Board is the owner of a 12 cubic foot per second (cfs) instream flow right <br />to maintain a minimum stream flow to protect the natural environment to a reasonable degree <br />on Castle Creek, a tributary of the Roaring Fork River in Pitkin County, Colorado. Said <br />instream flow right was decreed on June 5, 1980, in Case No. W-2947, with an appropriation <br />date of January 14, 1976. <br /> <br />2. The Board determined, and the Court decreed, in connection with the instream <br />flow application in Case No. W-2947, that the natural environment in Castle Creek can be <br />preserved to a reasonable degree with a minimum instream flow of 12 cfs. <br /> <br />3. c.R.S. g 37-92-103(3) provides that the Board is vested with the exclusive <br />authority, on behalf of the people of the state of Colorado, to appropriate such instream flows. <br /> <br />4. Pursuant to C.R.S. g 37-92-102(3), the Board is vested with statutory authority <br />to acquire by contractual agreement such water, water rights, or interests in water as the Board <br />determines may be required for minimum stream flows to preserve the natural environment to <br />a reasonable degree. <br /> <br />5. Aspen owns the following decreed water rights on Castle Creek which are senior <br />to the Board's instream flow rights on Castle Creek, and which are the rights on Castle Creek <br />most likely to affect the Board's instream flow rights: <br /> <br />Name <br /> <br />Priority No. Decree <br /> <br />Decreed Aspen's <br />AmI. share <br />(cfs) <br />60.0 60.0 <br />100.0 100.0 <br />30.0 25.9 <br />18.6 13.6 <br />3.5 1.55 <br />2.0 1.00 <br /> <br />Decreed Use <br /> <br />Castle Creek. 136(A) CA 493 <br />Midland Flume 207 CA 494 <br />Holden Ditch 613 CA 4033 <br />Marolt Ditch 279 CA 3053 <br />Si Johnson Ditch 422 CA 3082 <br /> 435 CA 3082 <br /> <br />Municipal <br />Municipal <br /> <br />Irrigation <br /> <br />Irrigation <br /> <br />Irrigation <br /> <br />6. Aspen wishes to use its Castle Creek water rights as described herein to assist the <br />Board in maintaining the decreed instream flows on Castle Creek between the Midland Flume <br />and the confluence of Castle Creek and the Roaring Fork River at times when the decreed <br />instream flows in Castle Creek do not yield 12 cfs in that reach of Castle Creek. To accomplish <br />this Aspen is willing to (1) operate its own water rights as herein described to assure that there <br />