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