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<br />, <br />, <br /> <br />. <br /> <br />. <br /> <br />CITY OF STEAMBOAT SPRINGS, COLORADO <br /> <br />ORDINANCE NO. 1515 <br /> <br />AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE COLORADO <br />WATER CONSERVATION BOARD AND THE CITY OF STEAMBOAT SPRINGS TO <br />ASSIGN THE RIGHT TO USE WATER RELEASED FROM FISH CREEK RESERVOIR; <br />REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; <br />AND PROVIDING AN EFFECTIVE DATE. <br /> <br />WHEREAS, the Colorado Water Conservation Board is the owner (hereinafter <br />"Board" or "CWCB") of certain instream flow water rights on Fish Creek <br />downstream of the intake of the Fish Creek Water Filtration Plant jointly owned by <br />the City and Mount Werner Water and Sanitation District; and <br /> <br />WHEREAS, the Board is authorized by Colorado Law to acquire such <br />interests in water as the Board determines may be required for minimum stream <br />flows to preserve the natural environment to a reasonable degree; and <br /> <br />WHEREAS, the City owns a conditional water right for the storage of water <br />in the Fish Creek Reservoir (the "Storage Right") which was decreed to the City in <br />Case No. 92CW023; and <br /> <br />WHEREAS, the decree granting the City the Storage Right required that "No <br />water shall be stored in the Fish Creek Reservoir enlargement pursuant to the <br />decree in this case until and unless the City and the CWCB have entered into and <br />executed a donation contract or agreement, approved by appropriate resolution of <br />both the City and the CWCB"; and <br /> <br />WHEREAS, the attached agreement IS intended to fulfill the requirement <br />stated in the decree; and <br /> <br />WHEREAS, through this Agreement, the City intends to make available <br />releases of water stored in Fish Creek Reservoir under the Storage Right to assist <br />the Board in maintaining the Boards' instream water right within the Fish Creek, <br />downstream of the Fish Creek Water Filtration Plant; and <br /> <br />WHEREAS, the City Council believes it is in the best interest of the public <br />health, welfare, peace and safety of its citizens and visitors to enter into an <br />agreement with the Colorado Water Conservation Board Association. <br /> <br />. I <br />