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<br />. <br /> <br />Exhibit "An <br />to Ordinance <br /> <br />. <br /> <br />AGREElViENT TO ASSIGN THE RIGHT TO USE <br />WATER RELEASED FROM FISH CREEK RESERVOIR <br />in ROUTI COUNTY. COLORADO <br /> <br />The Colorado Water Conservation Board ("Board" or "CWCB"), an agency of the State <br />of Colorado, and the City of Steamboat Springs ("City"), intending to be legally bound and in <br />consideration of the mutual promises contained in this document, agree as follows for themselves, <br />their successors, and their assigns: <br /> <br />RECITALS <br /> <br />A. The Board is the owner of an instream flow (ISF) water right on Fish Creek <br />down~1ream of the intake of the Fish Creck Watcr Filtration Plant jointly owned by the City and <br />Muunt Werner Water and Sanitation District for 2 cfs as decreed in Case No. 79CWI04 ("Board <br />ISF Decree"). <br /> <br />B, Section 37-92-102(3). C.R.S (1990) authorizes the Board to acquire such interests <br />in water as the Board determines may be required for minimwn stream flows to preserve the <br />naturdl environment to a reasonable degree, <br /> <br />C. Under said Scction 37-92-102(3), no entity other than the Board shall be granted <br />a decree adjudicating a right to ,,:alcr for instrcam flow uses. <br /> <br />D. The City 0\Vn5 a 200 acre-feet conditional water right decreed in Case No. <br />92CW023. Water Division 6, for the storage of water in the Fish Creek Reservoir ("Storage <br />Right"). The decree in Case No, 92CW023 provides in paragraph 20 that, <br /> <br />No water shall be stored in the Fish Creek Reservoir enlargement <br />pursuant to the decree in this case until and unless the City and the <br />CWCB have entered into and executed a donation contract or <br />agreement, approved by appropriate resolution of both the City and <br />the CWCB. <br /> <br />This agreement is intended to fulfill the above requirement. <br /> <br />E. The City may. at its sole discretion, elect to fill the Fish Creek Reservoir under <br />a more senior water right(s). In such a case, the City may, at its sol" discretion, elect to release <br />water for insrream flow purposes under the same terms of this agreement. <br /> <br />F. Through this Agreement. the City intend, to make available releases of water <br />stored in Fish Creek Reservoir under the Storage Right to assist the Board in maintaining the <br />Board ISF Decree within the reach of Fish Creek do"'nstream of the Fish Creek Water Filtration <br />