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HomeMy WebLinkAboutbocc.con.034.1978 . ____. �... _ . .r � --- -� �, �; '� �ac��� : , �'"_:N"F' _ :'a� - i; ��., I �; Recorded at 4:06 A.M, Apr 27, 1978 Julie Hane, Recorder Reception Number: �` .. 2�a�J�s� { . . , nciieer,�eN•i• sooK346 Pact92� 3N l��� 'Phis Agrcemcnt i.s entcrod into as of thc 13th day of April, 1978, among the Board of County Commissioners of Pitkin (' County (hereinafter the "County"), the Snowmass Water and . i � Sanitation District (the "District") and Snowmass Corporation � (hereinafter "Corporation"). i I ' � {YHEREAS the District has made application to ±he District ;. I � Engineer of the Sacramento District office of the U. S. Army ' Y Corps of Cngineers for a Section 404 Dredge and Fill Pe�mit � � �� � � � �.. i . � to authorize construction of a diversion structure and pipeline '� as set forth and described in Application No. 6516 (SPKCO-0) . � � and in the conditional decree for the Snowmass Creek Pipeline � � � j r entered by the District Court for Garfield County in Case No_ � ' � � 5884 on November S, 1971 {the "Snowmass Creek Pipeline"); and ' i� � ' 'I ,� IVHEREAS the County has expressed certain concerns relative �� � to that application by written comment on said application dated � � � February 24, 1978; and � . } IVHEREAS the Corporation is developing property located within K the District service area and within the County which might be ,I il ; served by the Snowmass Creek Pipeline, and • fi t i� IYHEREAS thc parties have agreed upon terms and conditions to �� f+ s meat their respective concerns, � !� NOtY, THERE�ORE, it is agreed as follows: � f A. To the extent required by law, the District and the Corporation � agree to comply ��ith applicable water resource impacts � � sections or other sections of the Pitkin County Land Use ' C.ode. j i B. The plrties hereto, recognizing that diversions through the Snowmass Creek Pipeline could reduce stream flows j i � ' beIow the minimum flow levels for Snowmass Creek determined � � i i j '� . t � � �; i k� . _ _� ,.� ? r.�� r�+-k`.•' _ ����i�y . � •.�,�,, � ,: z � -�1.�: t �., ` • 9DOKV�V P�fin��0 #, j ! by thc Colorado {Yatcr Conservation 6oard to be desirable t f [to wit: the lesser of natural flow at the point of diversion ;i r for the Snowmass Creek Pipeline or 12.0 cubic feet per '! � ;� : . a second of time - hereinafter "minimum floiv" or "minimum !� � + _. ' stream flow levels"), agree as follows: � f ; � 1. The District agrees to utilize all sources of. supply I �.�:i .. - � � . . � available to it through faci2ities owned or controlled � t i . � by it prior to utilizing the Snowmass Creek Pipeline, � I � whenever diversions through said Snowmass Creek Pipeline i would cause the flow o£ Snowmass Creek to fall below � � such minimum stream flow. � � ; ,� 2. The parties agree to employ, as soon as is reasonably � � � � practicaUle, the Professional services of a mutually � . ,� acceptable engineer specializing in water resources � i � � and hydrology for the purpose of establishing the ! � survival flow requirement of Snowmass Creek aL and � �� immediately below the Point of diversion of the Snowmass I � Creek Pipeline. Survivial flow shall mean that flow I _ 3 (which is less than minimum flow) below which the survival � s of the existing fisheries is significantly endangered. ( � Said study shall be funded in equal shares by the � ; Corporation and the County, provided liowever the I Corporation's obligation provided for herein shall in ( .t no event exceed a maximum of Five Thousand Dollars i . ($5,000.00). f � , � � 3. The District agrees to undertake a study for the purpose � i i of developing alternative plans availahle to the District � wliich can bc implemented to avoid reducin� the flow of Snowmass Cre�k, by reason of divcrsion through Lhc ' ' : 1 ) Snowmass Creek Pipeline, Uelow the survival flow estab- � f lished under Paragraph (B)(2). Said study shall be � complated within three years; provided, however, that ! D � the District agrees to pursue and explore new alternatives ; 4 � . _ �F • . ��_ ; li l :::,-K4��y���� - _„.,..; , e�����?- _ �,. , „`" - � °f , �'�'.1.i � ' ' . �, ' I; t �:� ` � �346 e�929 �j' i � � � as tltcy thcrcaEtcr becomc availablc, 'I'hc Uistrict � a�recs to implement those altcrnatives to the extent f � >. ;; '� reasonably practicable. Nothing in this Paragraph ;; � (B)(3) shall be construed as releasing the District ' `. $ from the obligation set forth in Paragraph (B)(1), supra. � �� The District a rees to b �;� g ypass the survival flow at all � � ,i � times after such three year period; provide however "� that in the event of an emergency need of the District s � it shall be temporarily released from such obligation if it is in good faith implementing the alternatives developed in said study. ` 4. The District and the Corporation agree that the construc- � _� tion of any reservoir on Snowmass Creek shall include in its design, construction and operation provision ,'� . � for the maintenance of the minimum stream flow levels � on Snowmass Creek below the point of such storage. � � 5 y The maintenance of minimum stream flow levels shall be � ' construed to mean that, after construction of a reservoir ' � ar reservoirs by the District on Snowmass Creek, the ; ? District shall at a11 times release from said reservoir ,i � the natural inflow or 12 cubic feet per second of time, ���� � wliichever is less, and, in addition to the foregoing . � : release, when diverting through the Snowmass Creek Pipeline, ' x the District shall insure that the outflow from said � reservoir is at least eqval to the quantity diverted through said pipeline; provided however that in the event o£ .�n emergency need of the Distzict it shall be temporarily released from such obligation iF it is in goocl faith implementing the intent of the parties expressed in Paragraph �. �, . � C. If the Snowmass Creek Pipeline is deterntined by the f � Board after the advice of a competent engineering firm i. to be inadequate in order to meet the District's needs i -3- �} �' ;'' . , �� p• .~I..�.y4�.� �� �S �°�'`� - .�?;";��fi�.� �a '.tt�� . . . .'ti{`:r`•�. . . ��1'.. y�ii � , . J'�'�: . � s�on346 P�930 '� ��� taken together with all other District raw water supplies • or if the Corporation determines that additional raw water t �- supply or storage facilities are necessary to meet its j needs, and if eithex such party is considering meeting its needs through construction of a reservoir on Snowmass Creek, � then prior to the preparation of preliminary construction design drawings and snecifications of such a reservoir all feasible alternatives to reservoir construction on Snowmass Creek, consistent with the Pitkin County Land Use Code, will be fully exploxed, including without limitation: 1. The reuse and successive use of existing supplies. 2. Reservoir construction in the Brush Creek drainage. _ 3. The development of underground and surface water supplies in the Brush Creek drainage. The County shall be given the opportunity to participate in the study, analysis and review of said alternatives. The parties recognize that possible diversions from Owl � Creek, 14aroon Creek or the Roaring Fork River to serve the ' needs o£ the District or of the Corporation or both, except y . ; as these diversions might be made under water rights which � now serve lands currently within the District's service � # araa, create additional concerns for the County. Accordingly, . 3 � sucli diversions are considered to be the least desirable � alternative which shall only be implemented after implementation � of all other feasible alternatives for raw water supply. . � I If reservoir construction on Brush Creek is to be the � � most feasible means of supplying the needs of the District ti ` I or of the Corporation or both, and to facilitate such an i • �} alternative, the Corporation will cooperate with the District �� � so as to make available to the District to the extent feasible � 1 and upon mutually agreeable terms part or all of its conditionally � i r + decreed right to store water in the Snowmass Reservoir on � j fi ' � , ? t=, �. -4- i' �, �� . ,_ _ ii��„�F� .. .. ....... . ..__.,�_. . � �':.,',ri �i� t�- �°�'ir;'�.�'�+� � r r, - �hP � i: y � )i � y:. , . i sooK34� Pak93:� ; , �.� ; � firush Crcek. Subject to thc nccessary detcrmination of feasibility, it is the intent of the parties that raw water � , storage shoulcl be developed on Brush Crcek prior to any � development of raw water storage on Snowmass Creek. 'Phe j County reserves the option to pursue all available legal � � � remedies to challenge any devclopment of raw water storage ' on Snowmass_Creek. � D. The parties recognize that integration of Ziegler Reservoir ' into the bistrict's system appears to be a viable alternative. _ i The District agrees to perform as soon as is reasonably � practicable studies to evaluate the feasibility of development, modification and integration of this facility, or one similar to it, into the District's system. E. Prior to constructing any raw water development facilities . other than the Snowmass Creek Pipeline and any improvements in - Ziegler Reservoir, unless this requirement is waived by tlte County, the bistrict will prepare an environmental impact ` � appraisal in the nature of that required for major federal actions by 40CFR Part 1500. ; F. 'The parties agree that water conservation is an environmentally ; : ; acceptable means of enhancing water supply. The District within the spirit of Paragraph B and to promote the irttent I of the parties as expressed therein, will continue to implement ; a water conservation program and, within its discretion, the ? District will consider the following conservation methods: '� � metering of some or all of its customers, inverse progressive I � i pricing which, in addition to traditional factors, takes into ' l - consideration the eosts associated with the impact of reducing � ,� flows in Snowmass Creek below minimum stream flow Icvcls, ; '�. � minimizing of the amount of allowaUle non-natural vegetation, � ' maximizing to thc extent feasiblc, water rcuse, utilizing � d best commercially available water saving and water conservation � � devices in neie construction or retrofitting existing users. �> i fy _ � . _5_ � � . ,.o>.. . a�.�...�.. ___ �. _ _ ��y�,. � � ���. 65�i?4 p„(' . . ��cr'yt'��n'wa . . . .l.. .�,3��Ff�{<�.,� . ' .:�vV'LL��j- . . . ' . . .�. �-� .......... .. .. .......... . ..... ira. ... ._ ,..�. -,... .. ..i ��• vti:: J'. �� � . 9�K34� ��93� `� G. The County agrees it will withdraw from all proceedings con- � cerning the 404 permit process for the Snowmass Creek Pipeline. ; , , The County agrees promptly to notify and advise the Sacramento ! District of the Army Corps of Engineers that it withdraws its ! demand for a public hearing and environmental impact statement ; �._ as to the Snowmass Creek Pipeline project set forth in Public Notice No. 6516 (SPKCO-0), with copies to all other governmental agencies, parties to the proceeding and other persons or parties - to �ahich it has previously sent copies of such demand. Said i > � : notification shall advise the Army Corps of Engineers and other agencies and persons that the District and the County have, between themselves, resolved their differences and a copy of this Agreement shall be transmitted with such notification. The County further agrees not to oppose such applications for determination of reasonable diligence by the District or the Corporation or both with respect to their present conditionally . decreed water rights as may be filed in the District Court for f� Water Division No. S in or before the month of May, 1978. -'� H. The District shall make available to the County all data {� in its posession regarding diversions through the Snowmass i y ' �g Creek Pipeline. £ _ � � I_ This Agreement shall be binding upon and inure to the benefit . � if the heirs, successors and assigns of the parties hereto. 9 . - _ -� , �I�C�ST.' Board of County Commissioners =-' „���:'• of Pitkin County .-� Y ' ♦ ..••" " /� ;-:'� „,� �?:�,J�dIU?L►`f ,Al //� :� f.,:' c 1 -r.` By �/(/���l/LL�� � ��1�;G�ZJ,'��elG/7�1/ ���1� Chairman :. �,j �4�' "� : �. � � n � , . .� ,. � � f � , �'�,'�- �%- �- �;y _.�;- ,� � �.. ` 1 J : __G � ,. C U L�i)k_ � � ••�' Snowmas ater and Sanitat'on Dastrict � � � A7'7'6S'f 13y � Pre nt � � . i %Y � :� ' � ia _�_ � . l.I r� '�:w: F :'v:s. - ,;.,,.,..,,,�,;,.,,.{, ';�V z� ' - _ --� ' '�: ..:. . .__, ,,,_. r.., l:.� t• �0�346 P��L933 Snowmass Corporation ATTEST By��/��� President � Ut'661a--� Ass' . Secretary Snowmass Land Company, Ltd., � a Colorado limited partnership as purchasers of the stock of _' Snowmass Corporation BY �C� `�� ""� ne al artn r � BY ' � Genera artner .. � . . . . � ,. . . . .. .,..A,,: ' .� ...: . , � . . . �7� . . . �� ' � '. � .. .. ' .. � . , � � � . � . . . � � • . t.. n �1:1 ...,_n,�..��..m...•-,......—'__.�_v_.._—�___._„'_....__'__' '..._._._.�. ...__.. _....._�__ ._... ........_......... .. . .. . ._...._ . .��41.�":A.^.