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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. . I