Laserfiche WebLink
<br />. <br /> <br />Exhibit nAil <br />to Ordinance <br /> <br />. <br /> <br /> <br />Plant to the confluence of Fish Creek and the Yampa River (the "ISF reach"). Because the <br />Storage Right is decreed for purposes other than instream flow use, the Board's use of the <br />Storage Right for instream flow purposes will n:quire Water Court approval of certain changes <br />of such Storage Right. <br /> <br />CONVEYANCE OF THE RIGHT TO USE STORED WATER <br /> <br />I. Subject to rights as are reservcd by the City pursuant to paragraph 2 of this <br />Agreement, the City will assign to the Board the right to use releases of the Storage Right, in an <br />amount of200 AF annually. to maintain instrcam flows on the ISF Re<u:h, pursuant to the Board <br />ISF Decree. Such 200 AF per annum is not cumulative and, if unused within a calendar year, <br />may not be carried over in storage to subsequent years. Such water, after being used to maintain <br />instream flow in the ISF reach and after it enters the Yampa River, shall revert to the City. The <br />City shall cooperate with the Colorado Division of Wildlife to develop a releasc schcdulc that <br />would ma.ximize the numoo of days the instream flow in the ISF re<u:h is maintained during the <br />calendar year. The natural stream channel of fish Creek shall be used to deli vcr water released <br />under the Storage Right from Fish Creek Reservoir to the upper terminus of the ISF reach. <br /> <br />2. In order to comply "..ith the provisions of Section 37-92-102(3)(c.5), C.R.S" the <br />assigrunent described in paragraph 1 above shall not occur until the Storage Right has been <br />decreed absolute. Therefore. v.ithin 30 days after the City has obtained an absolute water right <br />in Case No. nCW023 for thc Storagc Right. the City shall make thc assignment described in <br />paragraph I by executing a document in substantially the same form as Exhibit A, attached <br />hereto. That assignment shall not be revoked except under the circumstances described in <br />paragraph 5 below. Said assignment shall reserve to the City: <br /> <br />a. The right to use "ater available under the Storage Right for its municipal <br />purposes in the event of extraordinary drought conditions or emerg~l1cy <br />conditions involving the loss of "ater to its municipal system as a result <br />of catastrophic events (such as failure of conveyance or treatment <br />facilities); provided, however, that extraordinary drought conditions or <br />emergency conditions shall be deemed to exist only if the City has <br />implemented a conservation program in response to such drought or <br />emergency that significantly restricts lawn watering and only if the City <br />has used the full amount of ",-ater available under all of its water rights <br />other than the Storage Right. <br /> <br />b, The right to use, tor any lawful purpose, "'ater stored under the Storage <br />Right and n:leased for use in the lSF Reach under this agreement, after <br />such water enters the Yampa River. The City may use such water to <br />supplement the amount the City is hereafter required to release or dedicat~ <br />tor instream flow purposes. by any federal or state permitting agency. <br /> <br />2 <br /> <br />