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INTERGOVER~'~TMENTAL AGREEMENT The Colorado Water Conservation Board, an agency of the State of Colorado {"Board") and the City of Aspen, a Colorado municipal corporation and home rule city ("Aspen"), in consideration of the mutual promises contained in this document, agree as follows: 1. The Board is the owner of a 12 cubic foot per second (cfs) instream flow right to maintain a minimum stream flow to protect the natural environment to a reasonable degree on Castle Creek, a tributary of the Roaring Fork River in Pitkin County, Colorado. Said instream flo«~ right was decreed on June ~, 1980, in Case No. W-2947, with an appropriation date of January 14, 1976. 2. The Board determined, and the Court decreed, in connection with the instream flow application in Case No. V4'-2947, that the natural environment in Castle Creek can be preserved to a reasonable degree ~~- ith a minimum instream flow of 12 cfs . 3 . C . R. S . ~ ~7-92-103 (3) provides that the Board is vested with the exclusive authority, on behalf of the people of the state of Colorado, to appropriate such instream flows. 4. Pursuant to C . R. S . § 37-92-102(3), the Board is vested with statutory authority to acquire by contractual agreement such water, water rights, or interests in water as the Board determines may- be required for minimum stream flows to preserve the natural environment to a reasonable degree. ~ . Aspen owns the following decreed water rights on Castle Creek which are senior to the Board's instream flow rights on Castle Creek, and which are the rights on Castle Creek most likely to affect the Board's instream flow rights: i`ame Priority Vo. Decree Decreed Aspen's Decreed Use Amt. share (cfs) Castle Creek- 136(A) CA 493 60.0 60.0 Municipal Midland Flume 20'r CA 494 100.0 100.0 Municipal Holden Ditch 613 C a 4033 30.0 25.9 Irrigation ~iarolt Ditch 279 C:~ 303 18.6 13.6 Irrigation Si Johnson Ditch 422 CA 3082 3.~ 1.5~ Irrigation 43~ C A 3082 2.0 1.00 6. Aspen wishes to use its Castle Creek water rights as described herein to assist the Board in maintaining the decreed instream flows on Castle Creek between the Midland Flume and the confluence of Castle Creek and the Roaring Fork River at times when the decreed instream flows in Castle Creek do not yield 12 cfs in that reach of Castle Creek. To accomplish this Aspen is willing to (1) operate its own water rights as herein described to assure that there