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<br />.- <br /> <br />Exhibit "A" - -- -- -- . <br />to Ordinance <br /> <br />Exhibit A <br /> <br />ASSIGNMENT <br /> <br />The City of Steamboat Springs, Colorado ("City"), whose address is P.O. Box 775088. <br />Steamboat Springs, Colorado 80477, owns a 200 acre-feet conditional water right decreed in Case <br />No. 92CW023, Water Division 6, for the storage of water in the Fish Creek Reservoir ("Storage <br />Right"). <br /> <br />The Colorado Water Conservation Board ("Board"), an agency of the State of Colorado <br />whose address is 1313 Shennan Street, Denver, Colorado 80203, is the owner of an instream flow <br />(ISF) water right on Fish Creek downstream of the intake of the Fish Creek Water Filtration Plant <br />jointly owned by the City and Mount Werner Water and Sanitation District for 2 cfs as decreed <br />in Case No. 79CWI04 (the "ISF reach"). <br /> <br />The City hereby assigns to the Board the right to use 200 acre-feet annually of water <br />released from storage in Fish Creek Reservoir for the purposes described in the assignment <br />agreement between the City and the Board, dated ("Agreement"). <br /> <br />The City reserves the right to use water available under the Storage Right for its municipal <br />purposes in the event of e>.1raordinary drought conditions or emergency conditions involving the <br />loss of water to its municipal system as a result of catastrophic events (such as failure (If <br />conveyance or treatment facilities); provided, however, that extraordinary drought conditions or <br />emergency conditions shall be deemed to exist only if the City has implemented a conservation <br />program in response to such drought or emergency that significantly restricts lawn watering and <br />only if the City has used the full amount of water available under all of its water righl~ other than <br />the Storage Right. <br /> <br />The City also reserves the right to use, for any lawful purpose, water stored under the <br />Storage Right and relea..ed for use in the ISF Reach under this agreement, after such water enters <br />the Yampa River. The City may use sueh water to supplement the amount the City is hereafter <br />required to release or dedicate for instream flow purposes, by any federal Or state permitting <br />agency. <br /> <br />This assignment shall not be revoked, except under the circwnstances described in <br />paragraph (5) of the Agreement (concerning the parties' inability to obtain an appropriate decree <br />of the water court that approves as an alternate use of the assigned water rights instream flow <br />uses by the Colorado Water Conservation Board). <br /> <br />This assignment shall be a covenant than runs with the assigned waler rights. and shall <br />be binding upon the City, its successors, and assigns. <br /> <br />DATED this _ day of <br /> <br />, ]99_. <br /> <br />6 <br /> <br />~,^__';i~/>'>1\iC">- - <br />