Instream Flow Acquisitions
10/27/2011 11:06:51 AM
2/19/2009 12:34:44 PM
Instream Flow Acquisitions
Instream Flow Acq - Doc Type
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INTERGOVER~'~~NTAL AGREEMENT <br />The Colorado Water Conservation Board, an agency of the State of Colorado ("Board") <br />and the Cin~ of Aspen, a Colorado municipal corporation and home rule city ("Aspen"), in <br />consideration of the mutual promises contained in this document, agree as follows: <br />1. The Board is the owner of a 12 cubic foot per second (cfs) instream flow right <br />to maintain a minimum stream flow to protect the natural environment to a reasonable degree <br />on Castle Creek, a tributary of the Roaring Fork River in Pitkin County, Colorado. Said <br />instream flow right was decreed on June 5, 1980, in Case No. W-2947, with an appropriation <br />date of January 14, 1976. - <br />2. The Board determined, and the Court decreed, in connection with the instream <br />flow application in Case No. W-2947, that the natural environment in Castle Creek can be <br />preser~-ed to a reasonable degree with a minimum instream flow of 12 cfs. <br />3. C.R.S. § ~7-92-103(3) provides that the Board is vested with the exclusive <br />authority-, on behalf of the people of the state of Colorado, to appropriate such instream flows. <br />4. Pursuant to C . R. S . § 37-92-102(3), the Board is vested with statutory authority <br />to acquire by contractual agreement such water, water rights, or interests in water as the Board <br />determines may be required for minimum stream flows to preserve the natural environment to <br />a reasonable degree. <br />5. Aspen owns the following decreed water rights on Castle Creek which are senior <br />to the Board's instream flow rights on Castle Creek, and which are the rights on Castle Creek <br />most likely to affect the Board's instream flow rights: <br />1`ame Priority Ito. Decree Decreed Aspen's Decreed Use <br /> Amt. share <br /> (cfs) <br />Castle Creek- 1360} CA =193 60.0 60.0 Municipal <br />Midland Flume 207 CA 494 100.0 100.0 Municipal <br />Holden Ditch 613 CA 4033 30.0 25.9 Irrigation <br />~iarolt Ditch 279 CA 3053 1$.6 13.6 Irrigation <br />Si Johnson Ditch 422 CA 3082 3.~ 1.55 Irrigation <br /> 435 C A 3082 2.0 1.00 <br />6. Aspen wishes to use its Castle Creek water rights as described herein to assist the <br />Board in maintaining the decreed instream flows on Castle Creek between the Midland Fiume <br />and the confluence of Castle Creek and the Roaring Fork River at times when the decreed <br />instream flows in Castle Creek do not yield 12 cfs in that reach of Castle Creek. To accomplish <br />this Aspen is willing to (1) operate its own water rights as herein described to assure that there <br />
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