ISFACQ00040 Fish Creek

• Case Number: 00CW0075
• Stream Name: Fish Creek
• Watershed: Yampa River
• Water Division: 6
• Water District: 58
• County: Routt
• Instream Flow Acq - Doc Type: Contracts, MOA/MOU, Leases, Agreements

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CITY OF STEAMBOAT SPRINGS, COLORADO

ORDINANCE NO. 1515

AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE COLORADO
WATER CONSERVATION BOARD AND THE CITY OF STEAMBOAT SPRINGS TO
ASSIGN THE RIGHT TO USE WATER RELEASED FROM FISH CREEK RESERVOIR;
REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Colorado Water Conservation Board is the owner (hereinafter
"Board" or "CWCB") of certain instream flow water rights on Fish Creek
downstream of the intake of the Fish Creek Water Filtration Plant jointly owned by
the City and Mount Werner Water and Sanitation District; and

WHEREAS, the Board is authorized by Colorado Law to acquire such
interests in water as the Board determines may be required for minimum stream
flows to preserve the natural environment to a reasonable degree; and

WHEREAS, the City owns a conditional water right for the storage of water
in the Fish Creek Reservoir (the "Storage Right") which was decreed to the City in
Case No. 92CW023; and

WHEREAS, the decree granting the City the Storage Right required that "No
water shall be stored in the Fish Creek Reservoir enlargement pursuant to the
decree in this case until and unless the City and the CWCB have entered into and
executed a donation contract or agreement, approved by appropriate resolution of
both the City and the CWCB"; and

WHEREAS, the attached agreement IS intended to fulfill the requirement
stated in the decree; and

WHEREAS, through this Agreement, the City intends to make available
releases of water stored in Fish Creek Reservoir under the Storage Right to assist
the Board in maintaining the Boards' instream water right within the Fish Creek,
downstream of the Fish Creek Water Filtration Plant; and

WHEREAS, the City Council believes it is in the best interest of the public
health, welfare, peace and safety of its citizens and visitors to enter into an
agreement with the Colorado Water Conservation Board Association.

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