DRAFT Resolution # XX
(Series of 2016)
September, 2016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, DIRECTING THE CITY MANAGER TO IMPLEMENT
CERTAIN WATER MANAGEMENT MEASURES TO IMPROVE
RESILIENCY AGAINST FUTURE CLIMATE CHANGE AND OTHER
SYSTEM CHANGES WHILE CONTINUING EFFORTS TO MAINTAIN
DILIGENCE FOR TWO CONDITIONAL WATER STORAGE RIGHTS ON
CASTLE AND MAROON CREEKS ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
Whereas, the City holds conditional water rights for the Maroon Creek
Reservoir and the Castle Creek Reservoir, both of which were decreed in 1971,
with 1965 appropriation dates; and
Whereas, when these water rights were appropriated, this reservoir storage was
an important component of Aspen’s long term water supply plan, particularly
since the Fryingpan-Arkansas project was proceeding without the originallyplanned compensatory storage reservoir on the upper Roaring Fork River; and
Whereas, the purpose of conditional decrees like these conditional storage
rights is to allow the City to proceed to perfect the water rights with the
decreed priority dates, thereby allowing planning and development to proceed
in an orderly progression with the assurance of decreed water rights prior to
substantially investing in costly projects; and
Whereas, preliminary site-specific work was conducted with regard to these
conditional water rights, and they have been included in the City’s long-range
water supply planning; and
Whereas, the City has maintained these conditional water rights at the
intervals required by law; and
Whereas, the City has utilized an integrated water supply development
approach both before and since the 1980 Water Management Plan, and these
reservoirs have been included as part of the planning and development of the
City’s integrated water supply system; and

 Whereas, the City, as a municipal water provider, must plan responsibly for
the future water needs of its customers, and must develop a legal, reliable water
supply to meet those demands; and
Whereas, Colorado law and the diligence decrees heretofore entered for these
conditional storage rights confirm that the City’s work on other features of its
integrated water supply system demonstrates diligence in the development of
these conditional water rights; and
Whereas, the City has determined that it is responsible and prudent to continue
to develop needed water rights and supplies in an orderly progression, as part
of its integrated water supply system; and
Whereas, in view of the significant undertaking necessary to develop these
reservoirs, the City has performed and will continue to perform work on
numerous other features of its integrated water supply system prior to
undertaking the permitting and construction of these reservoirs; and
Whereas, the City’s planning and phased development of its integrated water
supply system continues to demonstrate its diligence in development of these
conditional storage rights; and
Whereas, in recent years, development of the City’s water rights and supplies
has been informed by consideration of the impacts of global climate change, as
well as anticipated water demands; and
Whereas, during 2013 - 2015, the City participated in development of a Water
Efficiency Plan for the Roaring Fork River basin, and developed its own Aspen
Municipal Water Efficiency Plan, both of which contain strategies for
addressing climate change; and
Whereas, the City’s 2016 Water Supply Availability Study considers future
water supply needs under different potential climate and population scenarios,
and identifies supply gaps under certain scenarios, so long as the City
maintains its long-held policy of instream flow protection; and
Whereas, the City supports and was an active participant in the Colorado
Basin Implementation Plan, which identified the continued due diligence for
the preservation of the Castle Creek and Maroon Creek storage rights as an
important project for securing safe drinking water in the region; and

 Whereas, Climate change scenarios considered in the 2016 Water Supply
Availability Study were selected to capture a range of the current
understanding of potential changes over next 50 years and offer no guarantee
that climate change impacts will not be more severe; and
Whereas, the City intends to provide a legal and reliable water supply and to
that end can and will develop all necessary water rights, including but not
limited to, Maroon Creek Reservoir and Castle Creek Reservoir.
Whereas, the City should also continue to further investigate alternative
locations and sizing requirements of the Maroon Creek Reservoir and/or Castle
Creek Reservoir, and, if appropriate, seek water court approval for
modification of one or both conditional decrees, with their existing
appropriation dates; and
Whereas, the City has conducted a public process to solicit input and promote
collaboration and transparency regarding the required diligence applications for
the conditional water storage rights; and
Whereas, the City is dedicated to being a leader in developing and
implementing innovative strategies for maintaining safe and reliable water
supplies for a vibrant community while minimizing impacts to its surrounding
natural environment,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby directs staff to:
1. File and pursue an application for finding of reasonable diligence in the
development of the Castle and Maroon Creek conditional water rights on
or before October 31, 2016.
2. Continue implementation of the City’s integrated water supply system,
including Water Conservation Measures (including, but not limited to,
rate revisions and new landscape ordinance); the Reuse Project, and
other current plans for development of water supplies.

 3. Initiate a collaborative process to evaluate existing and identify new
alternatives and any other necessary actions to fill the projected future
water supply and demand gap.
4. Investigate alternative locations and sizing requirements of the Maroon
Creek Reservoir and/or Castle Creek Reservoir, and to report its findings
back to City Council for further consideration and action as appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby directs staff to file and
pursue application for finding of reasonable diligence in the development of its
conditional storage rights on Castle and Maroon Creeks, and does hereby
authorize the City Manager to continue with the development and implementation
of the City’s integrated water supply system, and to initiate a process to evaluate
existing and identify new alternatives to meet its projected water supply and
demand gap, and to investigate alternative locations and sizes for the Castle Creek
Reservoir and/or Maroon Creek Reservoir.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 10th day of October, 2016.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, October 10, 2016.

Linda Manning, City Clerk