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HomeMy WebLinkAbout10694RESOLUTION NO. 10694 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE COLORADO WATER CONSERVATION BOARD, AN AGENCY OF THE STATE OF COLORADO RELATING TO AN APPROPRIATION FOR INSTREAM FLOWS IN THE ARKANSAS RIVER BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement between Pueblo, a municipal corporation and the Colorado Water Conservation Board, an agency of the State of Colorado, relating to an appropriation for instream flows in the Arkansas River (hereinafter referred to as the "Agreement'), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED April 10, 2006 BY Ray Aquilera Councilperson APPROVED: e A - &104g � ` , President of City Council ATTESTED BY: CITY CLERK D �I D �I D Background Paper for Proposed RESOLUTION R io& , 74 AGENDA ITEM # / I DATE: April 10, 2006 DEPARTMENT: Law Department TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE COLORADO WATER CONSERVATION BOARD, AN AGENCY OF THE STATE OF COLORADO RELATING TO AN APPROPRIATION FOR INSTREAM FLOWS IN THE ARKANSAS RIVER ISSUE Should the City approve an Agreement with the Colorado Water Conservation Board ( "CWCB ") concerning appropriation of an instream flow in the Arkansas River. RECOMMENDATION This office recommends approval of the Agreement. BACKGROUND The City recently reached a stipulated settlement with the last remaining objecting parties in the water court case for the City's Recreation In- Channel Diversion ( "RICD ") water rights. Those parties were the CWCB, the State Water Engineer and Pueblo West. As a result of that settlement, the City has or will obtain a water decree for an RICD water right, but the RICD will not exist for the period from 10 pm to 6 am. In order to protect flows in the main stem of the Arkansas River during the nighttime period, CWCB agreed to pursue, in good faith, the statutory process for obtaining an In- Stream Flow water right in the Arkansas River between Pueblo Reservoir and Fountain Creek of approximately 100 cfs. This water right would then apply instead of a nighttime RICD right, would operate over a longer reach of the river, and would protect habitat and environmental values in addition to recreational interests. FINANCIAL IMPACT None anticipated. AGREEMENT � This Agreement is entered into this 30�day of _I h �1 tC k, 2006 by and between the Colorado Water Conservation Board ( "CWCB "), an agency of the State of Colorado, and the City of Pueblo, a municipal corporation ( "Pueblo'). RECITALS A. Pueblo has applied for a Recreational In- Channel Diversion water right in Case No. 01CW160, Water Division 2 (the "RICD Water Right'). The CWCB has certain statutory responsibilities with respect to RICD water rights, as set forth in Colo. Rev. Stat. §37 -92- 102(6). The CWCB has filed a statement of opposition to the RICD Water Right application. B. Pursuant to Colo. Rev. Stat. §37 -92- 102(3), the CWCB is vested with authority to appropriate such waters as the CWCB determines may be required for minimum stream flows to preserve the natural environment to a reasonable degree. AGREEMENT NOW, THEREFORE, Pueblo and the CWCB, in consideration of the mutual promises and agreements contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, agree as follows: 1. The CWCB staff shall pursue in good faith, and the CWCB shall consider in good faith, the appropriation of an instream flow water right in the vicinity of the reach of the Arkansas River from Pueblo Reservoir to the confluence of the Arkansas River and Fountain Creek in the approximate amount of 100 cfs (the "ISF Water Right'), pursuant to the procedures and requirements of Colo. Rev. Stat §37 -92- 102(3) and applicable rules, regulations, and guidelines of the CWCB. 2. Pueblo understands and agrees that neither the appropriation of, nor a decree for, the ISF Water Right is guaranteed by the CWCB. 3. If an ISF Water Right is appropriated by the CWCB and decreed by the Water Court, the parties agree that such ISF Water Right will continue to be used to preserve the natural environment to a reasonable degree for the decreed segment(s) of the Arkansas River from Pueblo Reservoir to the confluence of Fountain Creek, pursuant to Colo. Rev. Stat §37 -92- 102(3). 03- 102006 04:47PM FROM -DOL NATURAL RESOURCES 3038663558 T -240 P- 017/017 F -027 IN WITNESS WHEREOF, Pueblo and the CWCB have eKeouted this Asreetnent as of the d:ty of 2 006. CITY OF PtJF.BLO, COLORADO Attest: Dina Dutcher By- _ Cily Clerk President 0Cthe City Council APPROVED AS TO FORM: A ss Vily Attorni;y Attest: 3Di002o 2 poc COLORADO WATER CONSERVATION BOARD By: Rod KUllarich, Executive Director