ISFACQ00040 Fish Creek - Laserfiche WebLink

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. Exhibit "A"- to Ordinance . 3. The City shall apply in the Water Court to make absolute the conditional Storage Right decreed in Case 92CW023 within the calendar year that the full 200 acre-feet is first stored within the enlarged Fish Creek Reservoir, and shall diligently pursue such application to absolute decree. ' WATER COURT PROCEEDINGS 4. Contemporaneously ",,-ith the filing of the application described in paragraph 3 above, the Board and the City, as co-applicants, shall file an application with the Water Court seeking to amend the decree in 92CW023 to add to the Storage Right instream flow uses for exclusive use by the Board, 5. Either party. after consulting with the other party. may cause the application under paragraph 4 above to be dismissed at any time before the court issues a final decree. The other party shall not oppose any such'effort to dismiss the application. jfthe application is dismissed for any reason or is denied in whole or in part, or if the decree of the court is conditioned in such manner as to prevent this Agreement from being completely fulfilled, then the assignment shall be revoked by the City and the Board Sllall acquire no right to use rcleases of the Storage Right for instream flow purposes. 6, The City shall pay for all of its own costs and expenses required to file an application for and effectuate the necessary change of water right, including any obligation that may be incurred to payattomey' s tees or other fees of third parties other than the Board. The Board shall pay for its O"TI costs and expenses. ADMINISTRATION 7. The Board hereby authorizes the City to be its agent for administering and monitoring the lSf reach. 8, As the Board' s agent, the City shall he re~l'onsible for monitoring the flow and all gages v.'ithin the ISF reach. If the stream llow in the [SF reach is less than the decreed amount, then the City shall contact the Water Commissioner or Division Engineer on the Board' s behalf and call for the administration of the instream flows. The City shall notify the Board of any such call and shall immediately report to the Board any controversy or problem with the administration of the instream flow water rights. 9. The City shall maintain all records necessary for the implementation of this Agreement, using forms mutually acceptable to the parties, and shall maintain all records required by the Division Engineer or Water Commissioner for the implementation of this Agreement. 10. The City shall provide an annual report to the Board by January 31 of each year on the operation oftrus Agreement, the actions taken by it as the Board's agent. and its projected 3 ,,::;