A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF BASALT, COLORADO, AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF COUNTY OF PITKTN COUNTY FOR THE LEASE OF WATER RIGHTS TOWN OF BASALT, COLORADO RESOLUTION NO. 12 SERIES OF 2010 WHEREAS, the Town of Basalt, Colorado (the "Town") operates a Water Enterprise, and the Town Council (the "Counci|") of the Town has the responsibility to periodically acquire and preserve water rights necessary to meet the needs of the customers of the Water Enterprise; and WHEREAS, the Board of County Commissioners of Pitkin County, Colorado County") owns certain water rights from Maroon Creek in the Stapleton Brothers' Ditch and has -. offered to lease to the Town historical irrigation consumptive use water credits associated with those water rights; and WHEREAS, the'Town wishes to enter into an intergovernmental agreement with Pitkin County to provide for the lease of those water rights; and WHEREAS, the Town has the authority to enter into Intergovernmental Agreements with other governmental units under its Home Rule Charter. NOW, THEREFORE, IT RESOLVED BYTHE COUNCIL OF THE TOWN OF BASALT, COLORADO, THAT: . - The Mayor and Town Clerk are authorized to execute the INTERGOVERNMENTAL AGREEMENT FOR THE LEASE WATER RIGHTS with Pitkin County concerning the Stapleton Brothers' Ditch water right and the Stapleton Brothers' Ditch Credits, acknowledging and approving the terms thereof. TOWN OF BASALT, COLORADO Sew Leroy Ddroux, Mayor Pamela K. Schilling, Town 'Clefi< 0Resos\Res1 2~201 .doc INTERGOVERNMENTAL AGREEMENT FOR THE Lease or WATER RIGHTS THIS INTERGOVERNMENTAL AGREEMENT is entered into between the BOARD OF COUNTY COMMISSIONERS OF PITKIN ("Pitkin County"), whose address is in care of John M-. Ely, Esq., Pitkin County' Attorney's Office, 530 Main Street, - Aspen, Colorado 81612-1948, and the TOWN OF BASALT ("Basalt"), whose address is 101 9 Midland Avenue, Basalt, Colorado 81621, effective this - - day of 2010. - RECITALS: WHEREAS, Pitkin County is the owner of a portion of the following described water right: 8.0 cfs, absolute, diverted from Maroon Creek in the Stapieton Brothers' Ditch, Priority No. 269, decreed on October' 16, 1933 in Civil Action No. 3000, Pitkin County District Court, State of Colorado, for the irrigation of 400 acres of land with an appropriation date of June 30, 1904 (""Stapleton Brothers' Ditch water right"); and WHEREAS, Pitkin County obtained a decree for change of water right, approval of plan for augmentation and appropriative right of exchange dated January' 31, 2005 regarding its Stapieton Brothers' Ditch water right from the District Court, Water Division No. 5, Case No. 99CW306 Decree"); and WHEREAS, the - change of the Stapieton Brothers' Ditch water right is Case No. 99CW306 included confirmation of 220 acre-feet per year of historical irrigation consumptive use water credits ("stapleton Brothers' Ditch Credits"); and WHEREAS, of the 220 acre-feet per year. of Stapieton Brothers' Ditch Credits, an estimated 18 acrewfeet per year will be used by Pitkin County to irrigate landscaped acreage on the Asperr-Pitkin County Airport property; and WHEREAS, pursuant to the 99CW306 Decree, the remaining 202 acre~feet per year of Stapieton Brothers' Ditch Credits may be retained by Pitkin County, or sold or leased to other water users; and . - . WHEREAS, Pitkin County has proposed making 119.25 acre-feet per year of the Stapletorz Brothers' Ditch Credits available to the Colorado Water Conservation Board through a trust arrangement so that the CWCB may use said credits for instream flow purposes in the reaches identified in Case Nos. W--2945 and and WHEREAS, the CWCB approved such proposal by a Trust Agreement dated December 30, 2009; and WHEREAS, Pitlcin County seeks to lease the 119.25 acre-feet per year of Stapieton Brothers' Ditch Credits of the CWCB's protected instrearn flow reach, as aiiowed by C.R.S. and and WHEREAS, Basalt desires to lease 119.25 acre>>-feet per year of the Stapleton Brothers' Ditch Credits of the subject instrearn flow reaches; and WHEREAS, Pitkin County and the CWCB are in the process of preparing an application to be filed in the District Court, Water Division No". 5 ("Water Court") during 2010 to change the Stapicton Brothers' Ditch Credits and associated diversion rights for instream flow purposes in the reach of Maroon Creek from the Stapleton Brothers' Ditch headgate to the Maroon Creek confluence with the Roaring Fork River and also in the reach of the Roaring Fork. River from the Maroon Creek confluence to the confluence of the Fryingpan River County change case"). NOW, TI-IEREFORE, in consideration of the mutual promises set forth in this IGA, the Parties agree as follows: 1 Lease. Pitkin County hereby leases and agrees to provide to. Basalt up to ii l9.25 acre~feet of Stapleton Brothers' Ditch Credits at the flow rates tabulated hereinbeiow in paragraph 2.2 ("Subject Water") each calendar year during the term of this IGA, commencing as described below, subject to the limitations, terms and conditions stated herein. 2. Deliveries. 2.1 Point of delivery." Pitkin County shall deliver the Subject Water at the terminus of. the CWCB's instream flow reach decreed in Case No. 8SCW646 which is located at the confluence of the Roaring Fork and'Fryingpan Rivers ("Delivery Point"). Pitkin County shall be responsible for all losses and/or return obligations associated with-delivery of the Subject Water to the Delivery Point. Basalt shall bear any transit and/or conveyance losses associated with conveyance of the Subject Water from the Delivery Point to any location where Basalt may use the Subject Water. 2.2 Timina of deliveries. The flow rates and the and annuai flow amounts volume) of the Subject Water deiivered to Basalt at the Delivery Point pursuant to this IGA shall be as follows: May June July August September October Annual Rate (cfs) 0.25 0.47 0.52 0.39 0.27 0.05 Volume I (aCrc_fcet) 15.7 28.2 32.0 23.9 16.3 3.3 1 19.25 The rates and volumes set forth above are subject to modification in accordance with the final decree entered by the Water Court in the County change case, or by the Colorado Supreme 'Court should the Water Court's decree entered in the CWCB-Pitkin County change case be appealed and the final decree modified thereby or on remand to the Water Court. Any such modification shall be made through the parties' negotiation of an amendment of this IGA as provided in paragraph 21 below. - 2.3 Accounting.' Basalt shall maintain an accouiiting of its use of the Subject Water and shall provide copies of such accounting to Pitkin County upon request. 3. Use of Subiect Water. Limitation of Beneficial Uses. it is of substantial importa_nc'e to Pitkin County that the Subject Water continues tobenetlt from releases from the Green Mountain Reservoir Historic Users Pool Basalt, therefore, shall use the Subject Water only for domestic, irrigation or municipal uses, or for augmentation of such uses, and shall not undertake any actions which would result in a loss of the Subject status, Basalt's use of the Subject Water shall also be subject to all applicable terms and conditions in the . 99CW306 Decree, the future decree -resulting frorn the CWCB Pitkin County change case, and any subsequent agreement between Pitkin County and Basalt concerning the Town's irrigation use of the Subject Water Rights at points of the instream flow reach established by the Water Court in the CWCB~Pitl