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Home My WebLink Aboutbocc.res.122.1998 �;:.�, ,� �..�.�_r, ��`� . " �„�� . . ._.. _. _ _. _ . - ,. .'::� ��' � �8 . . � � . . � � . � . � . . . � � . � � . � JOINT P,ESOLUTION 7� •/�o� t � BE IT RESOLVED by the Boazd of Countv Commissioners of Pitkin County and the City Council of the City of Aspen sitting in special session that the Chairman of the Board of Commissioners and the � Mayor of zhe City of Aspen be and .are hereby directed to execute � the attached Agreement in full settlement of all matters regarding the FryingPan Arkansas Project contemooraneous with the execution �'� thereof by the other parties thereto. BE IT FURTHER RESOLVED that the Chairman and Mayor be and are hereby directed to communicate the acceptance of. the Agreement to the Colorado Congressional delegation and support any necessary legislation for reauthori2ation of the Project which is consistent with and embodies all of the material terms and conditions of the attached Agreement. � DONE this 4th day of October, 1978, in a special public meeting held pursuant to call. ATTEST: CITY OF ASPEN Clerk Mayor Pro Tem _ � . . . � � '�__a. .. ... .�. �`..._,�..,... . . �.�..,.i.. . _ . . i. -�: `, ' ��, .f t� Board of County Commissioners A�PTES� ,. of Pitkin County . . ` ..1�s M Z . /` . � . � w '` i� � ,� • - . �t .. Y � :Y �.'. Y. . '��y.[�,vi� Se�r� ar��the;Soard Chairr.nan . .-:i�� 4 . . � �.. < �� ... .. � . _ . . .. . � � . . . , . . . . � . �� . � � � . . � . � . � . � � . . . . � ��. .. 1 � . � . � � � - - . . � � . 1� . � � . . . ,. � . . � . , . � ;'t, . �1 .. . . .. . . ., ..._... ._. . ._... . .. .. . . . . � 'Y�y°:�'W4r �, ;_*,_,. �s:�� ::� _ ' ¢�:�:� , - ,�� t- —,- � 1 �, ; _ V '� - �' AGREEMENT THIS AGREEMENT, made and entered into this � day of � �eTOQLG�.- , 1978, by and between the STATE OF COLORADO, by and through the DEPARTMENT OF NAT[JRAL RESOURCES and the COLORADO WATER CONSERVATION BOARD; the SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT; the CITY OF ASPEN; and the BOARD OF COUIITY COMMISSIONERS OF THE COUNTY OF PITKIN. WITNESSETH: • WHEREAS, certain legal and administrative disputes have arisen between one or more parties hereto relating to the operation of the Fryingpan-Arkansas Project (hereinafter called the Project); and WHEREAS, all garties hereto desire finally to resolve all basin and region wide problems resulting from the operation of the Fryingpan- Arkansas Project. NOW, TEIEREFORE, for and in consideration of the mutual promises _ and covenants contained heYein, the parties agree as follows: 4 I. Parties to settlement: ; A. STATE OF COLORADO, (hereinafter STATE) , by and through � the DEPARTMENT OF NATURAL RESOURCES, (hereinafter N� ' � � , �; DEPARTMENT), and the COLORADO WATER CONSERVATION BOARD, s �, � ;s (hereinafter BOARD); ��: � �,� � B. SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, (here- � ; �� inafter SOUTHEAST); fi� � � C. CITY OF ASPEN, (hereina£ter ASPEN); �� j_ . �� a �'�; 4. D. BOARD OF COUNTY COI�RIISSZONERS OF THE COUNTY OF PITKIN, � �. � . (hereinafter PITKIN COUNTY). ;� . 4: � II: Covenants relating to the Hunter Creek Drainage Basin: `�. �: A. The BOARD agrees to file for supplemental minimum �� -z: stream flow decrees pursuant to 37-92-102(3), CRS 1973, �"'� ' to bring its Hunter Creek drainage decrees up to the ��` � ` �_; � ;;; fl � �=�s�';y;s:i . ��'a k'�L,�Y ' ', - . - �-.. _ .. .. :. :............ .. � . . «..� . ,�_�... ... .-_ A). ' ' � � Y%9"ti. �:�r following total amounts: �" 1. Midway Creek from Fry-Ark point of diversion a to confluence with Hunter Creek: 5 cfs 2. No Name Creek from Fry-Ark point of diversion to confluence with Hunter Creek: 4 cfs . 3. Hunter Creek from Fry-Ark point of diversion � to confluence wiCh Midway Creek: 12 cfs 4. Hunter Creek from confluence with Midway to - confluence with No Name Creek: 17 cfs 5. Hunter Creek from confluence with No Name Creek to confluence with Roaring Fork River: 30 cfs B. Pursuant to the provisions of paragraph 19 of the Operating Principles for the Fryingpan-Arkansas Project (House Document No. 130, March 15, 1961), hereinafter referred to as the Project, the STATE agrees to convene the Fryingpan-Arkansas Project Commission £or the purpose of Yecommending to the Commission that the Commission forward recommendations to the Secretary of the Interior of the United States requesting that: ' 1. The Hunter Creek collection system of the Project be operated to the end that the Project will not deplete the streams at the following Project points of ' diversion below the £ollowing flows (or the natural flow, whichever is less): � R q: a. Hunter Cree k diversion structure: 1 2 c f s � b. Midway Creek diversion structures: 5 cfs � c. No Name Creek diversion structures: 4 cfs, � and � 2. At such times as diversions lawfully made under the �� Colorado priority system by decrees senior to the � Project reduce the flow of Hunter Creek at its �p R con£luence with the Roaring Fork below 21 cfs, the � Project will forego diversions from the Hunter Creek � � drainage to the exCent necessary to maintain a flow ;� . ,� -2- � ? � _ : . , • #_..,�r''�'::a,'`�.� �'1\''�.�._ . . r� � . .. '�J.. . ' � - . � �•`�� of 21 cfs at such confluence; pravided, however, � that the Project shall not be required to forego � � Project diversions whenever 51 cfs is available at the stream gauging station as now located upstream £rom the headgate of Che Red Mountain Ditch to - satisfy such seuior diversions. C. SOUTHEAST will consent and stipulate to, and no party hereto will object to, the inclusion in the decree and judgment in Case No. W-829-76 (In the District Court in and for Water Division No, 5, State of Colorado) of the following bypass requirements in the Hunter Creek ` drainage (or the natural flow, whichever is less) at the : fol�.owing Project diversion points: � 1. Hunter Creek diversion structure: 12 cfs 2. Midway Creek diversion structures: 5 cfs i 3. No Name Creek diversion structures: 4 cfs � D. The DEPARTMENT, to the extent as may be approved by the � Colorado Wildlife Commi.ssion and the BOARD, will utilize c y, � such funds as may become available to purchase e�sting k i senior water rights, in cooperation with Pitkin County $: and Aspen, for conversion to mi.nimum stream flows in an �`j x : � amount sufficient to fulfill the purposes of subsections { A 5 and B 2 of this paragraph II. It is understood by the parties hereto that the State budget for fiscal � year 1979 contains an appropriation of $250,000 for � � , acquiring minimum flows for the Project. Said moneys � were appropriated for Che purpose of resolving conflicts � ,; � f xelative to Hunter Creek arinimum flows. In no event � d � shall the stream flows set forth in subsection A 5 of � c � j this paragraph II be a Project obligation, except to A � Y . � the extent set forth in section B 2 of this paragraph II. n s r ±_ i -3- :4 ; h ; � �. ., a�,�;�r'i�•-` •:.`r,:.,(,c:<";. _ ___ . � ��,.�...�.�.�.� �� :��. P� �;� _ �,��: , ., , . .. . ,.. . , _ _ . . _ . , : .._. ;. �... _:__ ., . :_ .._..�._�._ � .,....,. _ _ . .. x, .pj; . .. , � .f:;: . t� '� ' i E. For the purpose of maintaining the instream flow decrees � =:;:t= � " and water rights heretofore obtained, or obtained pursuant '� to section D of this paragraph II, to meet the require- '� ment of subsection A 5 and B 2 0£ this paragraph II, the £ollowing principles, which in no way shall be interpreted - ' to be a Project or SOUTHEAST obligation, will apply: 1. Recognizing that certain ownezs of senior water rights on Hunter Creek not party hereto may desire to lease or to Seii those rights, the first priority for maintaining instream flows on lower Hunter Creek shall be the lease or purchase of said rights, to the extent of available £unds, for conversion to minimum stream • flows, provided that the exercise of such acquired - rights shall be limited to the quantity of water diverted by such rights as established by the BOARD and as thereafter may be determined by the Courts. � 2. The parties will work with the United States Forest � Service for the purpose of utilizing, by lease or . � otherwise, appropriative water rights acquired by the S n Forest Service, for instream flow maintenance to the s extent of the quantity of water diverted by such � rights as established by the BOARD and as thereafter ` may be determined by the Courts. 3. The BOARD will join as co-applicant with ASPEN in an � application for change of water rights for the purpose � of 'enabling the BOARD to utilize ASPEN�S Hunter Creek � Flume and Pi.peline water right (Structure No. 203, � decreed in Civil Action No. 3082 in the District z � Court in and,for Garfield County on August 25, 1936, � � G and confirmed in Civil Action No. 3723 in the "��, 7 District Court in and for Garfield County on August 25, � F } -4- ;? t; r::.�;>�,��: =:K;..:��:�: �r u..,r��fXc�,.it�f,' _ . . �.?h . ' . . *;. c� � � - x��'� .. y ' � �. :,Am� � 1949, for 15.0 cfs from Hunter Creek with a priority 'v date of June 10, 1886) for minimum stream flow r� �° maintenance pursuant to 37-92-102(3), CRS 1973, i� provided, however, that ASPEN shall retain title to � said water right, and the use by the BOARD of said ''-� right shall be by permissive license only; and provided further that ASPEN reserves the absolute right to utilize any or all o£ said water right at � any time for municipal purposes or other purpose which ASPEN, in its sole discretion, determines to be necessary and advisable. All parties hereto consent, and will not object in any manner whatsoever, to the transfer by the BOARD and ASPEN, pursuant to 37-92-102(3), CRS 1973, o£ the 15 cfs of the Hunter Creek Flume and Pipeliae water right to minimum - stream flows from the headgate of said Hunter Creek Flume and Pipeline. 4. Recognizing that ASPEN has constructed a water treatment plant on Red Mountain which has Hunter Creek as its source of supply and recognizing that � ASPEN needs to augment its diversions from Hunter , Creek during the irrigation season, the parties agree that ASPEN shall have the first right to purchase up to 1.77 cfs of any water rights on Hunter Creek now i t or hereafter made available for purchase, provided, however, that ASPEN agrees to grant a permissive � license to the BOARD to use any such water rights for � _ minimum stream flow maintenance on the same terms and conditions set forth in subsection E 3 of this � paragraph II. � 5. Recognizing that the STATE may desire to sell or � ti 4 � - -5- y S fi . 9��'�,�'. _ ..t,.. �� ....r� �z�. - :��.�s�,,, - :�� .. _.. ... - �� i; . r ' re: ' '�r�. :.,5�;: . � � . . N''y-. "k exchange the water purchased by the STATE • pursuanC :� <.i�. to this AgreemenC for use as minimum stream flows � °=` after said use for minimum flow in Aunter Creek has a�; ;; >; been made, and recognizing that PITKIN COUNTX had � �: adopted growth management policies for PITKIN COUNTY, � ' the parties agree that any such sale shall not be ' made Co any person or entity for use within PITKIN CDUNTY for new domestic or municipal purposes which � would be inconsistent with the growttt management policies of PITKIN COUNTY without the prior consent - of PITKIN COUNTY. The BOARD sha11 file on the water rights purchased for minimum stream flow to insure , the grotection that the water rights will remain in the stream through the entire stream segment. 6. The United States Bureau of Reclamation shall be requested to install and maintain a continuous flow gauging station at the intake portal of the Hunter - Creek to Chapman Gulch Tunnel and shall be requested to, at least monthly, provide a copy af daily gauging records from this station to a11 parties to tfiis Agreement as requested by the parties. • F. The parties to this Agreement, as among themselves, shall honor Che priority and quantity of any water rights converted to minimum stream flow use by the BOARU as a call at the decreed point or paints of diversion on Hunter Creek. G. ProjecC diversion in the Hunter Creek drainage shall be 8 � operated in accordance with and pursuant to the following � terms and conditions: 1. At the points of diversion, Project diversions from No Name, Midway and Aunter Creeks shall be subjecC -6- � � }; � � � i� � i..�'��c^�:^,a�:_`.: . . .:,Se+:�i�'-`�,. �.vy.,..�s t'� ,- . �. �:r.j.�. _ .. ' i: :.!j e=k' � � - ' i to the minimum flow requirements set forth in � t' �� section B of this paragraph II. � . ,?� 2. There shall be no additional physical features � �; � constructed in the Hunter Creek drainage basin other � than the completion of the presently planned diver- � � sion structures and appurtenant facilities on Aunter, Midway and No Name Creeks and the Hunter Creek Tunnel; provided that this provision shall not be construed � to apply to either maintenance, repair or necessary � a modification to said presently planned diversion � structures to accomplish the purpose for which such features were designed. 3. Any water rights purchased by the BOARD for minimum stream flows pursuant to section D of this paragraph � II and to be used for the purposes set forth in paraqraphs A 5 and B 2 shall be transferred to mini- mum stream flows in a quantity established by the � ' BOARD, without objection by any party hereto, and as � thereafter may be determined by the Courts. � H. Recognizinq that paragraph 11 of the Operating Principles � for the Fryingpan-Arkansas Project contemplates a 3,000 � acre-foot exchange with the Twin Lakes Reservoi.r and Canal Company for the purpose of stream flow maintenance � � in the Roaring Fork River; recognizing further that the ' ' 3,.000 acre-foot exchange, if effected, is a Project obliigation to be provided by the first Project diver- sions from No Name and Midway Creeks, and recognizing � , � further that the implementation of the exchange will' �s � provide for stream flow maintenance in the Roaring Fork � ? � � Ri.ver from the Twin Lakes Reservoir and Canal Company ;� points of diversion to the extent permissible under the ; laws of the State of Colorado to the confluence of the �,'� � s � -7- � . ,� � ' f! _ _ , , . _ ?r.�;`��.��' �nz,:.-,�:.; �� , � _ ,,� ,,.{,u ��cfi: _ . tt .. � `�i�ti'a ��;;i1: . ' ' . . .:i;; . .. . .... .. ... ...�.. _ . . - . . . .. y., 1'9!; �� ' , 7�''��. !1 `''� Roaring Fork River and the Fryingpan River, it is agreed � �� 4�� `� that the parties shall make every reasonable good faith ;4_ � ,? � effort to implement the exchange contemplated in the :�; � � � Operating Principles; provided, however, that until said :� .� exchange is implemented, the Project shall annually � 3ivert 3,000 acre-ieet less tha.� would uth�rwise have � been diverted from the Hunter Creek drainage basin, which bypasses shall be in addition to water bypassed to meet . downstream senior calls, Project minimum flow bypasses set forth in paragraph II B or water spilled due to limitations on physical capacity of Project diversion facilities. Upon yearly implementation of the 3,000 acre-foot exchange, the Project shall not be required to cause the release of said 3,000 acre-feet by ltain Lakes until sufficient waters are in storage to accompl.ish the exchange, or prospective operation of the Project diver- sions and storage indicate that the water will be con- temporaneously avaiZable with the Twin Lakes foregone • _ diversions in the year of the diversion. Once in storage, bypasses by �ain Lakes shall be when in priority from water otherwise divertible released in a manner to comply � c� with the Project Operating Principles. The operating � ° � agreement with the Twin Lakes Reservoir and Canal Company � shall contain provisions which will prohibit the T�ain � � Lakes Reservoir and Canal Company from seeking to { � � exercise dominion and control over any of the 3,000 acre- � >� feet which may be released in any year. Unless operation �? :� of the 3,000 acre-foot exchange to maintain stream flows ;? � � at levels set forth in the Operating Principles requires, ,� no credit against the 3,000 acre-foot exchange shall be �� .. . `-� permitted for water spilled pasC Twin Lakes Reservoir � 3 :g ;;� -8- > � F:• } .e�Y�� i �v'v.. �>fi�.,;i?: �..�� .w � __ � Q'(' � ti�F�� i .' • }� •'. .•'f;Y�.k,� ' . . . . .. .. ...�... .. . ..,....�.._......... ' .. . _: ... . : - F�: � . t�.-'' � • � a and Canal Company collection points due to limitations � in physical capacity, calls for water by any of its � West Slope shareholders or by senior water rights. The i . �' BOARD agrees to take all steps necessary to ensure that F -"s water released pursuant to the exchange is utilized for � : ., -� ``� stream flow maintenance in the Roaring Fork River to y F ' � the extent permitCed by law, including filing on the � � water so released as transbasin water not subject to . � ' f diversion by inbasin users from the point of bypass at the Twin Lakes system to the confluence of the Roaring Fork with the Fryingpan River. III. Covenants relating to the Fryingpan River Drainage Basin: A. The Operating Principles for the Fryingpan-Arkansas Project approved by Congress in the authorizing legislation (P.L. 87-950 (1961)) require that the Project be operated . with bypass requirements in the Fryingpan drainage as set . _� forth in paragraph 9 of the Operating Principles and individual stream bypass requirements were established in the Final Environmental Impact Statement as set forth below: Structure Summer Bypass (in cfs) . Chapman 3.0 ' � South Fork 5.6 . � Fryingpan 10.4 Sawyer 1.0 ; Lily Pad .6 Granite 1.6 Carter 1.6 � North Fork .9 Mormon 1.6 North Cunningham .9 � -9- � � � _ ;`�;'': .., �:,- �;;�:,i� ��'t w -�;Y - ' . . f � ' . . . , . ... . . . .. . . .., �. . . . , � .,.,:....._. .... �.:__ .,......._....... .,.. ...�..,..�. , �': �i . ' �`� SCrucCure, Cont'd Summer Bvpass (in cfs) Middle Cunningham .9 South Cunningham .5 Ivanhoe 1.4 30.0 cfs J; Recognizing that the Fryingpan-Arkansas Project was ' �} authorized to be constructed, operated and ma.intained for } the primary purposes of supplying irrigation, municipal, _ domestic, and industrial water, �and the incidental purposes of tihe conservatian and development of fish and wildlife and recreation, and further recognizing that said purposes should be mutually promoted to the maximum . extent possible consistent with the Operating Principles, the parties agree that; 1. The DEPARTMENT and the BOARD shall request the Colorado Division of Wildlifa to continue to perform such additional studies using the latest methodology � as are necessary to determine the flow requirements � � for maintenance and preservation of aquatic habitat, related rate of fish production and recreational fishing needs. 5aid additional studies shall be ; performed as soon as reasonably possible on a11 ` streams and tributaries within the Fryingpan River drainage on which Project diversions will be located and may be undertaken jointly with the United States Forest Service and the United States Fish and Wi1d- li£e Service. 2. To the extent Chat the available waters may be surplus + to the allocation set forCh in subsection (1) (a) of paragraph 9 of Che Operating Principles, as shall k�e determined by the Fryingpan-Arkansas Project � "10' ., � k [5 i� $ F � �� _ `,,ni, '7;: ..� . i��-'��t!:<'t��a;' � �t. , n..��, , �`'�,�t`,�y_:'�� - . ; . . f:?i: f • t:.. .'§• • . ��,;.. � f Commission, such surplus shall be released through � ,: i the Project collection system at the points and in i. Y �, the quantities recommended by the Colorado Division � of Wildlife as a result of the studies described in the foregoing subsection A 1 of the paragraph III. 3. To the extent that engineering studies conducted by the BOARD, PITKIN COUNTY or SOUTHEAST, and operational experience by the .Bureau of Reclamation indicate that - the method of operation of Project diverions can be modified to promote or achieve minimum stream flow requirements without diminishing the authorized Project water diversions, the Fryingpan-Arkansas Project Commission, in accordance with its lawful authority, shall recommend appropriate changes i.n the Operating Principles. The parties hereto will - support any change in the decrees for the Project as necessary to reflect the operational procedure as established by the Commission from,time to time. 4. For the purpose of implementing this paragraph III A, � the STATE shall convene the Fryingpan-Arkansas � Commission from time to time as necessary, for the purpose of considering recommended changes in the ., Operating Principles consistent with the intent of the parties as expressed in this paragraph III A. IV. Procedural matters relating to settlement: � A. The parties agree and stipulate to the inclusion of the � � - terms of this Agreement in the decree in Case No. W-829-76 ;; * �(In the District Court in and for Water Division No. 5, State of Colorado) and the additional proviso: • "Any provision of this decree to the contrary � � notwithstanding, the Southeastern Colorado Water � � � -11- : ;, ,: � i�"�iz'~,u:�;- .._. .;y� S�.?� ' . . ,�-$�` �. rT ,� ` - � - --'- . . .��..._ —'-- . .,_._..,._... �._.... ._...�,.,.�._� .�i,. :;.�s , ' . �'y� 3 4� Conservancy District or its successor in interest � *� � +� will not exercise the water righCs for the � � Fryingpan-Arkansas Project set forth in this decree except to the extent and in a manner consi.stent with the Agreement set forth herein." - B. Recognizing that the United States Bureau of Reclamation has made after-the-£act permit applications to the Army Corps of Engineers pursuant to Section 404 of the Federal � �. Water Pollution Control Act Amendments of 1972 to con- ' struct diversion dams on the Fryingpan River, Hunter Creek and various tributaries of these streams as set forth in applications CO-OYT-0071, CO-OYT-0072, and CO-OYT-0073; recognizing further that all parties to this Agreement have the right to comment on said appli- cations, to request a public hearing, and to pursue all available legal rights relative to the 404 permit process; and recognizing further that the implementation of this Agreement will take time and is a continuing obligation but will preclude the need for comment, public hearing, � � or other legal recourse relative to the applications, s • the parties agree, upon the execution of this Agreement to indicate to the Corps of Engineers their approval of ° � the issuance of the permits described in this paragraph. � C. In order to amicably resolve other matters at issue between attd among the parties hereto, the parties hereto further agree that: 1. The parties to that certain legal action entitled � "The Board of County Commissioners of the County of � Pitkin, Colorado, v. Andrus, et al.," Case No. 77- � 1408, in the United States Court of Appeals for the Tenth Circuit, shall jointly petition the Court to -12- �: ' � * i4 x j t'�T��, _ aPt�' (�.� t ._f .'k kY'.t �j2 � . � . . ��y�T' � ` . , : , •ti• . 4, � • � - .. � � - . enter an Order dismissing the appeal and remanding � � the cause to the District Court for the District of Colorado with directions to vacate its Judgment in Civil Action No. 75-M-1268, dated April 19, 1977, and to dismiss with prejudice Plaintiff's Amended Complaint by 5tipulation pursuant to Fed. R. Civ. . P. 41(a)(1). - 2. ASPEN and PITKIN COUNTY shall move to dismiss with prejudice their Protests in Case No. W-829-76 (In the District Court in and for Water Division No. 5, State of Colorado). 3. All parties hereto will join in requesting dismissal by the United States Forest Service of its Protest in Case No. W-829-76 (In the District Court in and for Water Division No. 5, State of Colorado). � � 4. ASPEN and PITKIN COUNTY shall withdraw their Com- . ments, if any, made and submitted to the Arary Corps of Engineers on Permit Application numbers CO-OYT-0071, CO-OYT-0072, and CO-OYT-0073, and will dismiss with ` prejudice Civil Action No. 7S-K-995 in the United States District Court for the District of Colorado; provided, however, that the parties hereto shall ; � jointly submit a comment requesting the inclusion of � the terms of this Agreement into all 404 permit � application approvals for the Project. No new w � litigation will be initiated by ASPEN or PITKIN COUNTY = i; in connection with federal permits of any kind in ;: �z : connection with the Project as currently planned so ;� � long as such permits are consistent with the terms �� of this Agreement. � `.i 5. Allparties hereto agree to support such changes in ;� i> -13- ' ,�re�::e�:� i' �-:7��.;;:gr�'• . " "M��:. i4� ; �� ' � .. .f�f�:. , . .. . � .( . . � ... ' , ._ ... .. ... !,. S'.:; . .. . -. . �..��...� the Project authorizing legislation as may be � required to carry out the intent of this Agreement. 6. The parties hereto shall permit the various described operations, changes, transfers, exchanges, and aug- mentation, consistent with the terms of this Agree- ment, to occur without objection. This Agreement shall be in effect and binding upon execution by all parties, subject to ratification by the membership of the . � Colorado Water Conservation Board, and shall constitute a contract between the signatory parties, and shall inure to the benefit of, and be binding upon, their successors and assigns, and shall be implemented as promptly as possible after such execution and ratification�. . In witness whereof, the parties hereto have executed this Agreement at Denver, Colorado, the day and year first above written. STATE OF COLORADO acting by and through its DEPARTMENT OF NATURAL RESOURCES and the COLORADO WATER CONSERVATI BOARD ^ I � BY , Ex cutive Director, Department � of Natural Resources �: , , BY — ��r�:9��h-c� , � Director, Colorad'��V ater ' � Conservation Board � � `� SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT A .ST c By //,/.�s�`K� �� _ /�_"_ jJ; �,�//%`� Presi ent n af Q/LC.�D 0� �Secretary CITY OF A EN ATTEST: By � Ma or � City Cler -14- v `� �F , Ty ".�"y:V.:�r- . - . �'��: .� ' - - L . . , , .. _ �...;. ..,,_�, . ..,._.� r..,,_. � .,... � BOARD OF COUNTY COMMISSIONERS OF THE , . COUNTY OF PITKIN , � ATTESTc By . �� !• �. I--r� C airman l.� /./ ��'�� <Ln1A,�7,1 `County Clerk APPROVED AS TO FORM: Musick, Williamson, Schwartz, I.eavenworth & Cope, P.C. : � Special Counsel to the City of Aspen and the Board of County Commissioners of Pitkin County By . ' Joh D. Musick, Jr. , Fairfield and Woods Attorneys for the Southeastern Colorado Water Conservancy District • B e�� Charles . Beise . A P P R 0 V E D _ - — — — — — — - *. �� 1� R" hard D. Lamm �� Governor -15- . ,. .�..._-.--_...„...._.____._._..___.__ _ _ . _ t...��,t........, ....:r..r.. 4�.....e ...;.4.:. . .�Vi-.v..t.t r.... , . �. . ..__... u,._.. .r'3• .. '� �,'.y:i'��,9;.;+�A'+.. L a S� - !� 1 3l� T . o-d�s . :�-%�„��, . . � ,..�,' ek�+. � sl4�! . ;� ':1 .Be it enacted by the Senate and House of Representatives of. �h� . � . , . . . i United States o£ America in Congress assembled,' T�iat (a) Subsection � . ;, � • ,' ; (a) of section 1 of the Act of August 16, 1962 (76 Stat. 389; 43 . � _ . . + , U.S.C. 616• and following) is amended by inserting after the words � - "Ruedi Dam and P.eservoir, Cclorada," the words "and as further ' � modified and described in the Description of the Project contained ' � in the final environmental statement for said project, dated April 16, 1975 and as further modified by H.R. 14036." (b) Subsection (e) of section 5 of such Act as amended by insert- ing after the word "therein" a comma and the words "including those ; laws of the State of Colorado relating to the establishment of 4 minimum streamflows for the reasonable production of the natural � • ;i environment, to the extent that such lao�s are not inconsistent . :F ; with the operating principles identified in subsection 3(a) of this � . ._ r . Act." . p ; (c) Subsection (a) of section 3 of such Act is amended by inserting t after the word "Congress" a semicolon and the words "and shall be x . • further operated pursuant to diversion rates established under the N ` • laws of the State of Colorado; Provided, however, that the rate of project diversions from the Hunter Creek watershed shall not - exceed an aggregate of 270 cubic feet of water per second of time. Waters so diverted may be ubilized for all authorized project � purposes as set forth in section (1) (a) of this Act. Such v�aters, ; �. : exclusive of the amount diverted for Roaring Fork exchanges provided � t for in sections (9) (1) (c) and (11) of the above-referenced operating � principles, shall become part of the oroject water sunply as limited by section (9) (1) (a) of the above-referenced operating principles. � No diversions shall be made from the Hunter Creek watershed which . � will reduce the remaining streamilows at the points of diversion to � less than 4 cubic feet per second on No Name Creek, 5 cubic feet per � ' i second on Piidway Creek, 12 cubic feet per second on Hunter Creek. � � At such t'imes as the flow of Hunter Creek at its confluence with the • • i. Roaring Fork falls below 21 C1TS, the Project will forego diversions • { . . � . � F �v..7y Z��;;at�'':•-�,' . ^F1 . . ��i� :� � . .. 4r . . ,,....::'..-�Y"rn.<.... ....: ....�,...w: '. .. '"_. �.'_.:. �.. . �.. . ��. . . ' �. i � .�-..:-.. .�.. from 'the Hunter Creek drain8ge to the extent neCessary to maintain� ' 21 CFS at such confluence; provided, however, that the Project � - shall not be required to forego diversions for such purpose as . long as a flow of 51 CFS is arriving ab the stream gaging station ' , as now established immediately upstream from the headgate of the - Red Mountain Ditch. � �,-� ; � . _ . _; � ... i • '`. �_. ,.; .-� <� � ' ' "" ,� _. ';::; � .� � --=�x.;'^,w-.... �,�,.,..�,�+,:,.� �� • S _ . CONFEItENCE COMMITTEE REPORT L1INGUAGE . This reauthorization legislation for the Frying Pan- Arkansas Project is to be interpreted and subsequently administered � by the Bureau of Reclamation consistent with the terms and con- ditions of the attached Agreement between the State of Colorado, . the Southeastern Colorado Water Conservancy District (repayment entity for the Project) the City of Aspen and Board of County � Commissioners of Pitkin County. ' . "':: . . ' . . , � � . � �� . ' . ..,,�.y: