Resolution # 083 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE CITY’S ATTORNEYS TO EXECUTE STIPULATIONS WITH OPPOSERS TO THE DILIGENCE CASES FOR 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, 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, 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, as part of its integrated water supply system; and Whereas, most recently the City filed due diligence applications for these conditional water rights with the Colorado Water Court on October 31, 2016, in Water Court Case Nos. 16CW3128 and 16CW3129; and Whereas, ten parties entered statements of opposition to the City’s applications for due diligence on the rights; and Whereas, at Council direction, staff and its attorney have diligently negotiated with opposers to seek settlement in these cases; and Whereas, Wilderness Workshop, Western Resource Advocates, Asp Properties LLC, Double R Creek LLC, and Pitkin County opposers who have diligently participated in negotiations and provided input for the successful development of solutions that meet the needs of each party, have agreed to stipulations in settlement of their respective concerns regarding these cases; and Whereas, staff and its attorney have diligently negotiated with the remaining opposers to seek settlement in regarding their opposition and staff and its attorney believe that stipulations substantially similar to the attached stipulations will be entered with the remaining opposers. 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: Authorize the City’s attorneys to execute the stipulations with Wilderness Workshop, Western Resources Advocates, Asp Properties LLC, Double R Creek Ranch LLC and Pitkin County, in the forms attached hereto and to execute the stipulations with the remaining opposers in forms substantially the same as those attached hereto, subject to final approval of the City Manager, City Attorney and the City’s water counsel. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 29th day of May, 2018. 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, May 29, 2018. Linda Manning, City Clerk