TOWN COUNCIL ACTION ITEM STAFF SUMMARY DECEMBER 19, 2017 COUNCIL MEETING

DATE: December 13, 2017

AGENDA ITEM NUMBER: 9

ACTION TO BE CONSIDERED: Consideration of a Resolution No. 75-17, Series of 2017:

A RESOLUTION AUTHORIZING THE TOWN OF DILLON, , FILE AN APPLICATION FOR WATER RIGHTS AND MANIFESTING THE TOWN’S INTENT TO APPROPRIATE WATER FROM THE AND ITS TRIBUTARIES BY EXCHANGE; AUTHORIZING AND DIRECTING THE APPROPRIATE TOWN OFFICERS TO SIGN THE NECESSARY DOCUMENTS; AND, SETTING FORTH DETAILS IN RELATION THERETO.

TIME FRAME: December 2017.

SUMMARY: This resolution of support allows the Town to file one or more applications for new exchanges involving additional water in Clinton Reservoir and Dillon Reservoir acquired through the Colorado River Cooperative Agreement, and additional water decreed to Dillon for storage in Old Dillon Reservoir. This additional water was not previously included in exchange decrees and/or augmentation plans. This water includes:

• Clinton Gulch Reservoir to the Dillon Ditch for storage in ODR and to Laskey Gulch and Straight Creek Diversions in the amount of 4.45 acre-feet; • ’s Dillon Reservoir to Dillon Ditch for storage in ODR and to Laskey Gulch and Straight Creek Diversions in the amount of 150 acre-feet; and • ODR (3rd Enlargement, 4th Enlargement, and Refill and any other water stored by exchange in ODR) to Blue River Intake and Laskey Gulch and Straight Creek Diversions in the amount of 24.215 acre-feet.

New exchange decrees for this water allow greater flexibility for the Town to use all its water resources as needed and decreed.

BUDGET IMPACT: Fees for Water Attorney services are paid through General Water Operations in the Water Operating Fund.

MOTION FOR APPROVAL:

I move to approve resolution No. 75-17, Series of 2017 to file an application for water rights and manifesting the town’s intent to appropriate water from the blue river and its tributaries by exchange; authorizing and directing the appropriate Town Officers to sign the necessary documents; and setting forth detail in relation thereto.

ACTION REQUESTED: MOTION, SECOND, ROLL-CALL VOTE

Resolutions require affirmative votes from majority of council members present Ordinances require four (4) affirmative votes Emergency ordinances require five (5) affirmative votes

DEPARTMENT HEAD RESPONSIBLE: Scott O’Brien, Public Works Director

RESOLUTION NO. 75-17 Series of 2017

A RESOLUTION AUTHORIZING THE TOWN OF DILLON TO FILE AN APPLICATION FOR WATER RIGHTS AND MANIFESTING THE TOWN’S INTENT TO APPROPRIATE WATER FROM THE BLUE RIVER AND ITS TRIBUTARIES BY EXCHANGE.

WHEREAS, Denver Water, Summit County, and other West Slope entities entered into the Colorado River Cooperative Agreement dated May 15, 2012, Article III of which allocated to the Town of Dillon the right to receive a total of 150 acre-feet of water per year in Dillon Reservoir upon Resolution of Denver Water’s Blue River Decree Issues; and

WHEREAS, the Colorado River Cooperative Agreement recognized that the Clinton Gulch Reservoir Company may store additional water in the reservoir dead pool, resulting in allocation to the Town of Dillon of 4.45 acre-feet of additional water ; and

WHEREAS, the Town of Dillon, Summit County and Silverthorne have obtained decrees approving conditional water rights for the Old Dillon Reservoir 3rd Enlargement, 4th Enlargement and Refill, and the Town of Dillon has obtained title to a total of 24.215 acre-feet of those storage water rights;

WHEREAS, in order to fully utilize it’s additional Dillon Reservoir, Clinton Gulch Reservoir, and Old Dillon Reservoir water rights, the Town of Dillon intends to make new appropriations by exchange on the Blue River, Salt Lick Gulch, Straight Creek, and Laskey Gulch; and

WHEREAS, the Town of Dillon should have these conditional water rights confirmed and a priority assigned to them by the Water Court, and intends to file an application in the District Court, Water Division No. 5 to request approval of conditional water rights for those exchanges.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DILLON, COLORADO, AS FOLLOWS:

1. The Town of Dillon hereby manifests its intent to make a conditional appropriation of water by exchange on the Blue River and Salt Lick Gulch by diverting at a rate of up to 5 cfs and storing up to 154.45 acre feet of water per year in the enlarged Old Dillon Reservoir, through the Dillon Ditch, and replacing such diversions and storage by releasing to the Blue River 150 acre-feet from Denver’s Dillon Reservoir and 4.45 acre-feet from Clinton Gulch Reservoir.

2. The Town of Dillon hereby manifests its intent to make a conditional appropriation of water by exchange on the Blue River, Straight Creek, and Laskey Gulch, by diverting at a rate of up to 5 cfs and 178.665 acre-feet of water per year through the Town of Dillon Straight Creek Diversion and/or the Town of Dillon Laskey Gulch Diversion, and

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replacing such water by release to the Blue River of 150 acre feet from Denver’s Dillon Reservoir, 4.45 acre feet of water from Clinton Gulch Reservoir and 24.215 acre-feet from Old Dillon Reservoir.

3. The Town of Dillon hereby manifests its intent to make a conditional appropriation of water by exchange on the Blue River by diverting at a rate of up to 5 cfs and 24.215 acre-feet per year through the Town of Dillon Blue River Intake and replacing such water by release to the Salt Lick Gulch and the Blue River an equivalent amount of water from the enlarged Old Dillon Reservoir.

4. The Town of Dillon will use the water diverted by exchange for all municipal purposes within the Town of Dillon and such other areas as may be provided water by the Town of Dillon pursuant to agreement, and for augmentation, replacement and exchange.

5. The staff of the Town of Dillon and its water attorneys are authorized and directed to file an application in the District Court for Water Division No. 5 for judicial confirmation of these conditional water rights.

APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER 2017, BY THE TOWN COUNCIL FOR THE TOWN OF DILLON, COLORADO

TOWN OF DILLON, COLORADO

By: Kevin Burns, Mayor

ATTEST:

By: ______Jo-Anne Tyson, Town Clerk CMC/MMC

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