Laserfiche WebLink
FALLOWING-LEASING P J CT AGREEMENT <br /> Y AND BETWEEN <br /> THE LOWER ARKANSAS VALLEY SUPERITC COMPANY <br /> AN <br /> THE CITY OF COLORADO SPRINGS,ACTING BY AND THROUGH ITS <br /> ENTERPRISE,COLORADO SPRINGS UTILITIES <br /> This FALLOWING-LEASING PROJE A :ENT(this"Agreement')t'°)i <br /> made and entered into effective the day of 2018,by and between the <br /> LOWER ARKANSAS VALLEY`SUPER I'T+ PANY,a Colorado corporation(the <br /> "Super Ditch")and the CITY OF COLORADO SPRINGS, a Colorado municipal corporation <br /> and home rule city,acting by and through its enterprise,COLORADO SPRINGS UTILITIES <br /> ("CS-U'). The Soper Ditch and CS-U are sometimes referred to herein individually as a"Party," <br /> or collectively as the"Parties," <br /> CIIALS <br /> WHEREAS,irrigators in the Lower Arkansas River Valley incorporated the Super Ditch <br /> to provide water to meet municipal water supply needs through temporary agricultural fallowing <br /> and leasing of water and/or other alternative transfer methods C ATMs")rather than the <br /> permanent cessation of agriculture and the sale of irrigation water rights("Buy and Dry"), <br /> WHEREAS,the Super Ditch is it the business of providing'water derived from ATMs in <br /> the Lower Arkansas River Valley to municipal entities; <br /> WHEREAS,C -U is a municipal utility enterprise that provides,among other things, <br /> municipal and industrial water service to customers within the City of Colorado Springs, <br /> Colorado("Colorado Springs")and its water service area,and to other municipal and quasi- <br /> municipal entities who provide water service within the°vicinity of Colorado Springs; <br /> WHEREAS,in Case No. 10CW4,Water Division 2,the Super Ditch,;jointly with the <br /> Lower Arkansas Valley Water Conservancy District(the"Lower Ark District"),applied for <br /> appropriative rights of exchange(the"IOCW4 Exchange")to deliver fully-consumable water° <br /> derived from ATMs under all of the major irrigation ditches and canals between Pueblo` <br /> Reservoir and John Martin Reservoir to Pueblo Reservoir("ATM[Water"); <br /> WHEREAS,in Case No.05CW96,Water Division 2,CS-U obtained a decree that, <br /> among other things,authorizes CS-U to exchange ATM"Water from Pueblo Reservoir to <br /> Colorado Springs'municipal water system for use,reuse,or successive use in Colorado Springs' <br /> existing and future water service area(the"05CW96 Exchange") <br /> WHEREAS,the Parties desire to implement a Fallowing-Leasing Pilot Project under <br /> House Bill 13-1248,codified at Section 37- -11`5(8),C.R.S.(the"Pilot Project"),pursuant to <br /> which the Super Ditch will deliver ATM Water to Pueblo Reservoir under the 10CW4 Exchange, <br /> a new exchange fled cooperatively by the Parties,or by other legally available and mutually <br /> acceptable means,for use by Colorado Springs under the 05CW96 Exchange in three out o <br /> `1 <br /> Exhibit A <br />