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

Exhibit A

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~xnlblt "A"
to Ordinance

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RECEIVED
FEB 1 3 1997

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ASSIGNMENT

Colorado Water
Conservation Board

The City of Steamboat Springs. Colorado ("City"). whose address is P.O. Box 775088.
Steamboat Springs, Colorado 80477, owns a 200 acre-feet conditional water right decreed in Case
No. nCW023, Water Division 6. for lhe storage of water in the Fish Creek Reservoir ("Storage
Right").

The Colorado Water Conservation Board ("Board"). an agency of lhe Slate of Colorado
whose address is 1313 Sherman Street, Denver, Colorado 80203. is the owner of an instream flow
(ISF) water right on Fish Creek downstream of the intake oflhe Fish Creek Water Filtration Plant
jointly o"ned by the City and Mount Werner Water and Sanitation District for 2 cfs as decreed
in Case No. 79CWI04 (lhe "ISF reach").

The City hereby assigns to lhe Board the right to use 200 acre-feet annually of water
released from storage in Fish Creek Reservoir for the purposes described in the assignment
agreement between lhe City and the Board, dated ("Agreement").

The City reserves the right to use water available under lhe Storage Right for its municipal
purposes in the event of e"1raordinary drought conditions or emergency conditions involving the
loss of water to its municipal system as a result of catastrophic events (such as failure Qf
conveyance or treatment facilities); provided. however. lhat extraordinary drought conditions or
emergency conditions shall be deemed to exist only if the City has implemented a conservation
program in response to such drought or emergency that significanlly restricts lawn watering and
only if the City has used the full amount of water available under all of its water right' other than
lhe Storage Right.

The City also reserves the right to use, for any lawful purpose, water stored under lhe
Storage Right and rdea<ed for use in lhe ISF Reach under this agreement. aiier such water enters
the Yampa River. Th~ City may use such ""ter to supplement tllc amount the Cit)' is hereafter
required to release or dedicate for instream flow purposes, by any federal or state permitting
agency.

This assignment shall not be revoked. exccpt under the circumstances described in
paragraph (5) of the Agreement (concerning the parties' inability to obtain an appropriate decree
of the water court that approves as an alternate use of the assigned ",,,ter rights instream flow
uses by the Colorado Water Conservation Board).

"Y.

This assignment shall be a covenant than runs "ilh th~ =ign"d water rights. and shall
be binding upon the City. its successors, and assigns.

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DATED this \~ day of J?:{ct~. 19:97, ".

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