HomeMy WebLinkAbout2018-087-09/18/2018-AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT REGARDING PHASE II OF THE PLAN FOR AUGMENTATION ®—:
RESOLUTION 2018-087
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT REGARDING PHASE II OF THE PLAN FOR
AUGMENTATION FOR INSTREAM FLOW PURPOSES
ON THE CACHE LA POUDRE RIVER
WHEREAS, the Cache la Poudre River ("Poudre River") flows through Fort Collins and
is a significant amenity to the City, its citizens, and the region; and
WHEREAS, the Poudre River is the source of water supply for numerous water users,
including the City, such that the majority of Poudre River flows are diverted into canals, ditches,
pipelines, reservoirs, and other waterworks; and
WHEREAS, such diversions reduce the flows of water through Fort Collins, which has
various ecological, environmental, recreational, sociological, and other impacts, some of which
are adverse; and
WHEREAS, the City desires to enhance Poudre River flows through Fort Collins and in
the region while working within the existing legal context, including the prior appropriation
doctrine, which is confirmed in Sections 5 and 6 of Article XVI of the Colorado Constitution and
the Water Right Determination and Administration Act of 1969, C.R.S. §§37-92-101 et seq.; and
WHEREAS,the City has actively participated in the Poudre Runs Through It Study/Action
Work Group ("PRTI"), a group of community water leaders convened by the Colorado State
University's Colorado Water Institute for the purpose of exploring options to improve the Poudre
River as a healthy, working river; and
WHEREAS, the PTRI's FLOWS committee ("FLOWS Committee") was formed
thereafter from members of the PRTI, including the City, the Cache la Poudre Water. Users
Association, the Colorado Water Trust, the City of Greeley, and the Northern Colorado Water
Conservancy District(collectively, "Initial Participants"); and
WHEREAS,the FLOWS Committee was tasked with exploring options to improve Poudre
River flows, particularly downstream of the canyon mouth to the South Platte River, and at times
when flows would improve the ecological health of the river, while not injuriously affecting the
owners of or persons entitled to use water under vested water rights or decreed conditional water
rights; and
WHEREAS, as part of this effort,the FLOWS Committee developed the idea of a plan for
augmentation for instream flow purposes ("Instream Flow Augmentation Plan") to enhance and
protect additional flows in portions of the Poudre River without injuriously affecting the owners
of or persons entitled to use water under vested water rights or decreed conditional water rights;
and
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r.
WHEREAS, the Initial Participants executed the Agreement Regarding Phase I
(Development) of a Multi-Phase Plan for an Instream Flow Augmentation Plan on the Cache la
Poudre River("Phase I Agreement")which was approved by City Council pursuant to Resolution
2016-022 on March 1, 2016; and
WHEREAS, Phase I and the tasks described in the Phase I Agreement regarding the initial
development of the Instream Flow Augmentation Plan are substantially complete; and
WHEREAS, the City of Thornton, Colorado Parks and Wildlife, and the Colorado Water
Conservation Board (collectively, "New Participants") wish to work with the Initial Participants
to participate in development of the Instream Flow Augmentation Plan; and
WHEREAS, the Initial and New Participants (together "Participants") intend to proceed
With Phase II, which primarily concerns receiving approvals from the Colorado Water
Conservation Board and the District Court for Water Division 1 (a.k.a. "Water Court"); and
WHEREAS,the Participants have negotiated an agreement for Phase II of the multi-phase
plan, which agreement is entitled the Memorandum of Agreement for Phase II of the Cache la
Poudre River Instream Flow Augmentation Plan, a copy of which is attached as Exhibit"A"
("Agreement for Phase II"); and
WHEREAS, other water users and interested entities have expressed interest in
contributing to the ISF Augmentation Plan and may desire to participate in the effort by joining
the Agreement for Phase II at a later date,which would be to the overall benefit of the City and
the Poudre River; and
WHEREAS, the Agreement for Phase II calls for the City to contribute $20,000 towards
Phase II, which amount has been appropriated for 2018 for instream flow related efforts which is
an appropriate use of the City's General Funds and funds of the Natural Areas Department because
this Agreement will further the welfare of the citizens of Fort Collins, further the Natural Areas
Department's conservation efforts, and benefit natural areas along the river; and
WHEREAS, proceeding with Phase II will benefit the City and its citizens because it will
further the goal of preserving and improving the ecological, environmental, recreational,
sociological, and other resources benefitted by Poudre River flows; and
WHEREAS, the City's execution of the Agreement for Phase II is not intended to express
support for the proposed Northern Integrated Supply Project ("NISP") or to change the City's
position with respect to NISP,and the City is not hereby altering or amending its comments on the
NISP draft and supplemental draft environmental impact statements, which comments were
submitted pursuant to Resolution 2008-082 and Resolution 2015-082; and
WHEREAS, the City's execution of the Agreement for Phase II is not intended to express
support for any other project, including the proposed Thornton Pipeline Water Project and the
proposed Seaman Water Supply Project, or to change the City's position with respect to those
projects.
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NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section2. That the City Manager is hereby authorized to execute an agreement
substantially in the form of Exhibit"A", with such modifications and additional terms and
conditions consistent with this Resolution as the City Manager, in consultation with the City
Attorney, determines to be necessary and appropriate to protect the interests of the City or
effectuate the purposes of this Resolution.
Section 3: That the City Manager is hereby authorized to execute amendments to such
agreement consistent with this Resolution as may be necessary to effectuate the purposes of this
Resolution.
Passed and adopted on at a regular meeting of the Council of the City of Fort Collins this
18th day of September; A.D. 2018.
Mayor
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® ® EXHIBIT A
MEMORANDUM OF AGREEMENT FOR PHASE II OF THE
CACHE LA POUDRE RIVER INSTREAM FLOW AUGMENTATION PLAN
This Agreement, dated this is entered into by and between the
following Parties listed in no particular order: the Cache la Poudre Water Users Association,
a Colorado non-profit corporation; the City of Fort Collins, Colorado, a home rule
municipality; the Colorado Water Trust, a Colorado non-profit organization; the Northern
Colorado Water Conservancy District, a quasi-municipal entity and political subdivision of
the State of Colorado; the City of Greeley, Colorado, a home rule municipality; the City of
Thornton, Colorado, a home rule municipality; the Colorado Water Conservation Board, an
agency of the State of Colorado; and the Colorado Division of Parks and Wildlife, an agency
of the State of Colorado.
RECITALS
A. PRTI is a group of community water leaders convened by the Colorado State
University s Colorado Water Institute for the purpose of exploring options to improve the
Poudre River as a healthy, working river. From time-to-time the PRTI establishes informal
initiative-specific committees to advance concepts or actions supported by PRTI.
B. The PRTI's FLOWS Committee is one such committee, and is comprised of members
of PRTI and was tasked with exploring options to improve flows in the Poudre River,
particularly downstream of the canyon mouth to the confluence of the South Platte River;at
times when increased flows would improve the ecological health of the river,while ensuring
that such options would not injuriously affect the owners of or persons entitled to use water
under vested water rights or decreed conditional water rights.
C. As part of this effort, the FLOWS Committee developed the idea of the
ISF Augmentation Plan as an innovative, voluntary approach to increase and protect
additional flows in portions of the Poudre River without injuriously affecting the owners of
or persons entitled to use water under vested water rights or decreed conditional water
rights. As further described in the Draft Application,the Parties intend to accomplish this by
measuring and delivering Added Water to the Poudre River at various points, having the
Added Water shepherded by State water officials through designated segments to various
downstream points, and to account for and have administered such deliveries of Added
Water separately from other water in the river,as further described in the Draft Application.
The Water Trust developed a multi-phase plan for developing the ISF Augmentation Plan.
P. The multi-phase plan may be generally summarized as follows:
2. Phase I (Development) generally concerns various initial and preliminary tasks
needed to develop the ISF Augmentation Plan such that approval can
subsequently be sought. Phase I tasks include: the organization of interested
parties for the purposes of pursuing Phase 1, various engineering, feasibility,and
other analyses to support the ISF Augmentation Plan.
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2. Phase II(CWCB and Water Court Approval and Formation)generally concerns the
tasks needed to acquire approval of the ISF Augmentation Plan from the CWCB
and from Water Court. Phase II Tasks include: creating this Phase 1I Agreement
among,the Parties; obtaining CWCB approval of the ISF Augmentation Plan;
obtaining agreements/leases between the CWCB and some of the Water Users to
provide Seed Water Rights for use in the ISF Augmentation Plan; establishing an
organizational structure for the administration and operation of the ISF
Augmentation Plan such that it can be implemented in Phase III; and preparing
and prosecuting the Draft Application for the ISF Augmentation Plan in the Water
Court to a final decree.
3. Phase III (Implementation)generally concerns the tasks needed to implement the
ISF Augmentation Plan as approved by the CWCB and the Water Court and with
the consensus of the Water Users,Water Trust,and CWCB. Phase III tasks include:
accounting; communication with the Water Commissioner and the Parties on
stream conditions and water releases;securing additional augmentation supplies
to add to the ISF Augmentation Plan; reporting as required by the final decree;
funding,for operations and water acquisitions; and establishing operating
procedures for the ISF Augmentation Plan.
4. To commence the ISF Augmentation Plan, Northern Water, the Association, Greeley,
Fort Collins, and the Water Trust executed the Phase I MOU, which governed the
development efforts for the ISF Augmentation Plan concept.
5. Phase 1,:and the tasks described in the Phase 1 MOU, are substantially complete and
the original participants have agreed to proceed with Phase Il on the terms and conditions
described herein. Thornton, CPW,and the CWCB also wish to participate in development of
the ISF Augmentation Plan and therefore,each is also a Party to the Phase 11 Agreement.
6. Each of the Parties and their involvement and expectations related to the
development of the ISF Augmentation Plan are described in more detail below:
a. The Association is a Colorado non-profit association comprised of nearly
all the major water users that derive their sources of supply from the
Poudre River and its tributaries. One of the Association's primary
purposes is to protect the water rights of its members from injury. While
improving stream flows and the ecological health of the River is not among
the Association's purposes, the Association recognizes that certain of its
members do have such purposes, and one of the purposes of the
Association is to maintain among such water users an effective spirit and
means of co-operative effort for the common good.. The Association
believes that the ISF Augmentation Plan is likely to be a worthwhile"too]'
for water users within the Poudre Basin provided it is voluntary, market-
based, managed and operated locally by Poudre Basin water users, and,
critically, is non-injurious to the water and property rights of other water
users in the Basin.
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b. Fort Collins is located along the Poudre River below the canyon mouth and
has an interest in this Agreement and its subject matter for various
reasons, including: Fort Collins'various policy goals related to preserving
and improving the health and natural environment of the Poudre River and
its associated systems; Fort Collins' ownership of lands traversed by the
Poudre River, including the majority of the floodplain in Fort Collins' city
limits and growth management area; Fort Collins' role as a home rule
municipality and the centrality of the Poudre River to the health, safety,
welfare, and identity of the citizens of Fort Collins; and Fort Collins'
ownership of and reliance upon numerous water rights in and along the
Poudre River. Fort Collins has been an active participant in the PRTI,the
FLOWS Committee,and the ISF Augmentation Plan since its inception and
intends to actively continue in this Phase II as a Water User as discussed
herein. Fort Collins also desires to include some of its water rights in the
ISF Augmentation Plan in accordance with the terms of this Agreement
(and any subsequent agreements regarding this Phase II and . any
subsequent phases)and relevant agreements between Fort Collins and the
CWCB.
c. The Water Trust is a Denver-based, statewide nonprofit whose mission is
to restore stream flows to Colorado's rivers in need. To accomplish its
mission, the Water Trust works with willing water users and suppliers to
create voluntary, market-based solutions to those challenges, while
respecting private property rights and working within the prior
appropriation system. I.n 2013,the PRTI invited the Water Trust to present
to the assembled Poudre River community options for voluntary
streamflow restoration. Since then, the Water Trust has helped design,
organize, and fund this locally-driven effort,and remains committed to its
success.
d. Northern Water owns and is developing several conditional water rights in the
Cache la Poudre River basin, including the water rights associated with Glade
Reservoir and the South Platte Water Conservation Project. Northern Water
through the NISP Water Activity Enterprise is nearing completion of the
permitting process for NISP. As part of the permitting approval process, NISP
has committed to providing mitigation and enhancement for fish and wildlife,
and improving flows in Poudre River. Northern Water supports additional
efforts to improve flows and the natural environment in the Poudre River, and
therefore has been a participant in the PRTI, the FLOWS Committee, and the
discussions for the ISF Augmentation Plan since its inception and plans to
continue in this Phase II as part of the Management Committee as discussed
herein.
e. Greeley is a home rule municipality situated just above the confluence of
the Poudre and South Platte Rivers, with its primary domestic water
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treatment plant located below the mouth of the Poudre Canyon. Greeley
owns and operates water rights in a variety of ditch systems throughout
the Poudre Basin and has been invested in the health and vitality of the
Poudre River for many years, including via its involvement with the PRTI
Work Group, its FLOWS Committee, and the ISF Augmentation Plan.
Greeley desires to continue that investment by its participation in Phase 1I,
and by including certain of its water rights decreed for augmentation uses
in the ISF Augmentation Plan, as contemplated by this Agreement and in
accordance with any future agreements for such inclusion with the CWCB.
f. Thornton is a home rule city in the northern Denver Metropolitan Area and
owns and operates an integrated municipal water supply and sewer
system. Thornton has water rights in the Poudre River Basin that were
changed or adjudicated for multiple uses including augmentation use
within the Poudre River Basin. Thornton desires to include certain of its
water rights decreed for augmentation in the ISF Augmentation Plan, as
contemplated by this Agreement and i in accordance with any future
agreements for such inclusion with the CWCB. Thornton desires to
participate in the Poudre ISF Augmentation plan because it is a voluntary,
non-regulatory, market-based program that will preserve and improve
streams flows in.the Poudre River while at the same time protecting its
water rights and property interests.
i
g. CWCB is an agency of the state tasked with promoting the conservation of
the waters of the state of Colorado in order to secure the greatest
utilization of such waters pursuant to§ 37-60-106, C.R.S. To that end,the
CWCB has the exclusive authority to appropriate and acquire water rights
for instream flow uses to preserve or improve the natural environment to
a reasonable degree. The CWCB may also acquire by grant, purchase,
donation, lease, exchange, or other contractual agreement, such water;
water right,or interests in water in such amount as the board determines
is appropriate for stream flows to preserve or improve the natural
.environment to a reasonable degree. § 37-92-102(3), C.R.S.-
The CWCB
has a specific grant of authority from the General Assembly to file
applications for augmentation plans. §37-92-102(3). The CWCB desires
to participate in the planning process and in Water Court proceedings to .
support the local water users' efforts to increase flows in the Poudre
River. CWCB will participate toward the goal of obtaining and
implementing a Water Court decree for an instream flow augmentation
plan that establishes up-to flow rates for the beneficial uses of preserving
and improving the natural environment to a reasonable degree in certain
segments of the Poudre River and facilitates the use of acquired water
rights to augment the flows of the river to reach such target flows.
h. CPW has a statutory mission to protect wildlife and aquatic resources,and
maintain and protect stream flows for recreational and ecological
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purposes. CPW also has a statutory obligation to consult with and provide
opinions to CWCB on any proposed instream flow acquisitions. CPW has
provided quantification of appropriate flows for the ISF Augmentation
Plan based on scientific analyses needed to preserve and improve the
natural environment to a reasonable degree. To further these statutory
purposes, and to encourage and support the development of innovative
ways to protect stream flows, CPW is party to this Agreement in an
advisory and consulting role.
7. Recognizing that the Parties each have different purposes and motivations for being
involved in the ISF Augmentation Plan,all Parties believe that it is in their mutual interest to
pursue the Plan collaboratively in accordance with the terms and conditions described
herein. Accordingly, the purpose of this Agreement is to set forth the Parties' general
understanding, the guiding principles upon which the Parties will pursue the Plan,and in
particular, how the Parties shall proceed to accomplish Phase II Tasks, including all tasks
needed to acquire approval of the ISF Augmentation Plan from the CWCB and from the Water
Court. A further purpose of this Agreement is to anticipate the implementation of the ISF
Augmentation Plan(Phase III),including the governing/decision-making and administrative
structure needed to implement the ISF Augmentation Plan once CWCB and Water Court
approval has been obtained. The Parties expect to develop and execute a Phase III
agreement consistent with the goals and guiding principles described herein that will more
fully govern implementation of the ISF Augmentation Plan at or near the conclusion of
Phase I1.
NOW THEREFORE, in consideration of the mutual covenants made herein, the
Parties hereby agree as follows:
AGREEMENT AND UNDERSTANDIN
1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated as
if fully restated in their entirety.
2. DEFINED TERMS. The following defined terms are used throughout this Agreement,
including in the foregoing recitals.
a. "Added Water" means the water to be added to the Poudre River under the ISF
Augmentation Plan and protected from diversion as set forth herein, which
will be either Seed Water Rights or Additional Water Rights.
b. "Additional Water_Rights" means the water rights that are to be added to the
Plan after the plan is decreed as additional sources of Added Water.
C. "Association"means the Cache la Poudre Water Users Association,a Colorado
non-profit corporation.
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d. "Agreement" or "Phase 11 Agreement" means this Agreement, including its
exhibits.
e. Common Interest Agreement means that agreement executed by the Parties,
effective July 23, 2018.
f. "CPW" means the Colorado Division of Parks and Wildlife, an agency of the
State of Colorado.
g. "CWCB"means the Colorado Water Conservation Board,an agency of the State
of Colorado.
h. "Draft Application" means Exhibit A. which is a draft of an application to be
filed in Water Court pursuant to this Agreement that requests judicial
approval of the ISF Augmentation Plan.
i. "Fort Collins" means the City of Fort Collins, Colorado, a home rule
municipality.
j. "Gr ele ' means the City of Greeley, Colorado, a home rule municipality.
k. "ISF Augmentation Plan" means a plan for augmentation for instream flow
purposes on the Poudre River being pursued by the Parties.
1. "Management Committee" means the committee of representatives from the
Association, Fort Collins,Greeley,Northern Water,Thornton,the Water Trust,
and the CWCB tasked under this Agreement to manage the ISF Augmentation
Plan.
m. "Management Committee Account"means the account for monetary resources
for Phase II held by the Water Trust pursuant to this Agreement.
n. "Member" means a Party to this Agreement With a seat on the Management
Committee.
o. "Northern Water" means the Northern Colorado Water Conservancy District,
a quasi-municipal entity and political subdivision of the State of Colorado.
P. "Parties' means all entities that have signed this Agreement.
q. "Phase I MOT means the Agreement Regarding Phase I (Development) of a
Multi-Phase Plan for an Instream Flow Augmentation Plan on the Cache La
Poudre River that Northern Water, the Association, Greeley, Fort Collins, and
the Water Trust executed on January 13, 2017.
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r. "Phase 11 Tasks" means the tasks under Phase 11 of the multi-phase plan for
developing the ISF Augmentation Plan identified in this Agreement and
needed to acquire approval of the ISF Augmentation Plan from the CWCB and
from Water Court.
S. "Plan" means the ISF Augmentation Plan.
t. "Poudre River" means the Cache La Poudre River.
U. "PRTI" means the Poudre Runs Through It Study/Action Work Group.
V. "Seed Water Rights" means the water rights that are the initial sources of
Added Water for the Plan expressly identified in the Draft Application.
w. "SWSP" means a substitute water supply plan under C.R.S. §37-92-308 or
successor statutes.
X. "Thornton" means the City of Thornton, Colorado,a home rule municipality.
y. "Water Court"means the District Court for Water Division 1.
Z. "Water Trust" means the Colorado Water Trust, a Colorado non-profit
organization.
aa. "Water Users" means the Association, Fort Collins, Northern Water, Greeley,
and Thornton.
3. PURPOSE OF PHASE 11 AGREEMENT.
a. THIS AGREEMENT. The primary purposes of this Agreement are to set forth the
Parties' understanding and the guiding principles upon which the Parties will
pursue the ISF Augmentation Plan,and to describe the nature and completion
of Phase li Tasks necessary to obtain CWCB and Water Court approval. In
particular, related to the completion of Phase II Tasks, this Agreement shall
govern the development and prosecution of 1)all actions necessary to achieve
CWCB approval of the ISF Augmentation Plan; and 2) all actions necessary to
achieve approval of the claims in the Draft Application to the Water Court
seeking approval of the ISF Augmentation Plan. The Parties may also seek to
operate the ISF Augmentation Plan through a temporary SWSP during
Phase 11. The Agreement also anticipates the implementation of the ISF
Augmentation Plan once a decree is entered (Phase 11I), including the
governing/decision-making structure and the Plan administration and
accounting. Another purpose of this Agreement is to articulate certain goals
and guiding principles that shall serve as the foundation for the Parties'
agreement to proceed with the Plan, and that shall inform future decision-
making in both Phase 11 and Phase II1.
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b. GOALS AND GUIDING PRINCIPLES. The goal of the ISF Augmentation Plan is to
provide a legal mechanism whereby Added Water may be added to a defined
segment or segments of the Poudre River and legally protected from diversion
(including diversions by, under, or pursuant to exchanges, SWSPs, plans for
augmentation, or other means that cause a reduction to the Added Water
within the stream segment(s),other than reductions caused by accounted for
evaporation,transportation, and other losses). More specifically,the goals of
the ISF Augmentation Plan include:
(1) to increase stream flows in the Poudre River from the canyon
mouth to the South Platte River;
(2) to protect the Added Water in the'subject segment(s) by providing
for State water officials to shepherd the Added Water downstream
without diversion (including diversions by, under, or pursuant to
exchanges, SWSPs, plans for augmentation, or other means that cause
a reduction to the Added Water within the stream segment(s), other
than reductions caused by accounted for evaporation, transportation,
and other losses);
(3) to allow for Additional Water Rights to be added to the Plan;
(4) to accomplish the first three goals without injuriously affecting the
owners of or persons entitled to use water under vested water rights
or decreed conditional water rights; and
(5) to allow the Management Committee to consider potential adverse
impacts that the Plan may have on vested water rights, decreed
conditional water rights, and other exchanges, practices, and
operations,which may or may not be approved by Water Court decree.
The guiding principles that Parties have agreed to include that the Plan shall
be voluntary and operated locally by water users in the Poudre River basin.
Any alteration to or modification of existing ditch or reservoir structures
infrastructure (e.g. headgates, diversion dams) required to implement the ISF
Augmentation Plan shall only take place after agreement with the owner(s) of
any such structures. An additional goal is to develop the Plan with sufficient
flexibility to allow water rights to be added to the Plan. The goals include for
the. Plan to be capable of utilizing water rights that may only be available
temporarily (including: water rights associated with local alternative transfer
mechanisms projects (commonly called "ATMs"); Agricultural Water
Protection Water Rights under House Bill 16-1228, the rules and regulations
promulgated thereunder,and subsequent statutes;and other water rights that
are the subject of temporary administrative approvals) and serve as a
potential revenue source for water users in the Poudre River basin willing to
lease or to enter into agreements allowing for the use of their water rights in
the Plan. The Parties also agree that the ISF Augmentation Plan and actions
taken for it shall not be or result in violations of applicable CWCB statutes and
rules and regulations.
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C. ADDED WATER. The Parties intend that this Paragraph 3.c identifies the initial
sources of Added Water (the Seed Water Rights) which are expressly
identified in the Draft Application, establishes procedures for the inclusion of
Additional Water Rights in the future, and sets forth principles for the
Management Committee's operation of Added Water and consideration of
Additional Water Rights. The Parties do not intend that this Paragraph 3.c or
any other portion of this Agreement affects in any way the standards of review
that may be applied by the Water Court, the.Colorado Supreme Court, the
CWCB, or any administrative agency. Any Added Water included in the Plan
must be capable of being measured where delivered to the stream. Any Added
Water also shall not be water attributable to calculated accretions to the
stream from recharge or lawn irrigation return flows.
i. Seed Water Rights: Initial Sources of Added Water. The initial
sources of Added Water for the Plan are the Seed Water Rights. The
Parties agree that these water rights are appropriate sources of Added
Water for the Plan,consistent with the principles regarding operations
set forth in this Agreement. Any Party may raise concerns within the
context of the Management Committee as to specific operations of the
Seed Water Rights going forward.
ii. Additional Water Rights: Future Additional Sources of Added
Water. The Parties anticipate that Additional Water Rights will be
sought for inclusion in the Plan after this Agreement is executed, after
the Draft Application is filed with the Water Court or after the final
decree for the Plan is entered. The Management Committee (discussed
below in Paragraph 4) must approve the inclusion of any Additional
Water Rights before such water rights may be included in the Plan and
before any requests for their inclusion in the Plan are approved by the
CWCB and filed with the Water Court or administrative agencies. The
Management Committee must also consider the potential operation of
such water rights in the Plan, consistent with the principles regarding
operations set forth in this Agreement. A person or entity (including a
Party) seeking to include any Additional Water Rights in the Plan must
request approval from the Management Committee and provide the
Management Committee with sufficient information regarding such
water rights and their proposed operations to allow for a complete
review of the request, including: information required by any decree
approving the Plan regarding such Additional Water Rights; copies of
the decree(s) for the Additional Water Rights; how the subject water
would be measured; how the subject water would be accounted for
separately from other water in the river; where the subject water
would be delivered to the Poudre River; where and in what segments
the subject water would be used under the Plan; whether the subject
water would need to be bypassed past any intervening diversion
structures and if any agreements to that effect exist; and where or how
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the subject water would be reused, if applicable. The Management
Committee will thereafter consider the request, including the
information provided by the requesting person or entity, any
additional relevant information, the final decree for the Plan, the
guiding principles regarding Added Water, and any other relevant
information concerning the Additional Water Rights and the potential
impacts that including the Additional Water Rights could have on other
water users, existing stream conditions, or river administration. The
Management Committee's approval to include any Additional Water
Rights in the Plan must be in writing and may include additional terms
and conditions as the Management Committee may deem appropriate,
including to be consistent with the goals and guiding principles set
forth in this Agreement.
iii. Principles for Inclusion of Additional Water Rights. The Parties
agree to the following guiding principles regarding Additional Water
Rights. Additional Water Rights is water that is diverted, measured,
and delivered to the stream that is attributable to:
(1) a water right that has been changed by judicial decree to be
legally available for augmentation use, or has been granted
administrative approval to be legally available for augmentation
use;
(2) a nontributary, transmountain, or other developed water
right that is legally available for augmentation use; or
(3) a water right decreed .to be legally available for
augmentation use, or administratively approved to be legally
available for augmentation use.
iv. General Principles Regarding Added Water. In determining
Whether Added Water ,Rights can be operated in the Plan, the
Management Committee shall consider whether water attributable to
the Added Water Rights has historically been delivered and carried in
any segment (or portion of a segment) in which the water would be
protected and in which such water has historically been delivered and
carried in the stream for re-diversion, including whether the water
would be protected in the segment (or portion of a segment) of the
historical operations, the frequency and duration of such operations,
the legal character of the water rights, and whether other water users
may have relied on such water for existing operations or
appropriations. The operation of Added Water Rights must be
consistent with the goals and guiding principles set forth in this
Agreement.
d. IMPLEMENTATION OF THE ISF AUGMENTATION PLAN. Based upon the foregoing
goals and guiding principles, the Parties agree to the following general
description of the ISF Augmentation Plan that is to be brought before the
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CWCB for approval and to be applied for with the Water Court in the form of
an application substantially similar to the Draft Application,which shall guide
all decision-making concerning the ISF Augmentation Plan. The ISF
Augmentation Plan will create the legal framework for the inclusion of the
Seed Water Rights in the Plan and a procedure for the introduction of
Additional Water Rights to the Plan after the entry of the decree pursuant to
C.R.S.§37-92-305(S)(c). The application shall contain provisions that provide
for the State water officials to shepherd Added Water past intervening points
of diversion so that it is legally protected from diversion (including diversions
by, under, or pursuant to exchanges, SWSPs, plans for augmentation, or other
means that cause a reduction to the Added Water within the stream
segment(s), other than reductions caused by accounted for evaporation,
transportation, and other losses) within stream segment(s) of the Poudre
River, while assuring that, as the Added Water is shepherded downstream,
there will be no injurious effect on the owners of or persons entitled to use
water under vested water rights or decreed conditional water rights. The
Parties understand and agree that shepherding the Added Water past existing
structures in the River is likely to be necessary in certain instances and that
nothing in the ISF Augmentation Plan is intended to require or compel
structure owners to alter existing structures or operations to accommodate
Plan operations; any such accommodations needed to add or bypass Added
Water will be reached by separate agreement. Further, to promote Plan
efficiency and flexibility and potential rental options for water users in the
Poudre River basin, the ISF Augmentation Plan shall seek to provide a
mechanism in the decree by which Additional Water Rights can be voluntarily
added to the ISF Augmentation Plan for temporary or permanent use in the
Plan. It is further anticipated that the ISF Augmentation Plan will provide for
the reuse or successive use of Added Water downstream of the segments
where the Added Water is used in the Plan. In accordance with the applicable
water right decree(s) or other relevant legal authority,the owners of the Seed
Water Rights and Additional Water Rights shall be entitled to reuse or
successively use water attributable to those water rights downstream of the
segment(s) where those water rights are used in the Plan, or to enter into
agreements with other persons or entities for their reuse or successive use of
such water. Decisions concerning such agreements shall be made consistent
with this Agreement,sound Plan management and other Plan goals,but to the
extent possible, preference shall be given to water users within the Poudre
River basin who desire such water for reuse or successive use.
4. ESTABLISHMENT OF MANAGEMENT COMMITTEE.
a. MANAGEMENT COMMITTEE IN PHASE II. To implement and manage Phase 11
Tasks,a Management Committee is hereby created.
i. Representation. Each Member shall designate one (1) person, and
may designate one (1)alternate,to be the Party's representative on the
Page 11 of 30
Management Committee. The following are the Parties' Management
Committee representatives:
Water User Members Representative Alternate
Association: Dan Brown none
Fort Collins: John Stokes Susan Smolnik
Greeley: Jennifer Petrzelka
Northern Water: Brad Wind
Thornton: Emily Hunt Carl Bischoff
Non-Water User Members Representative Alternate
Water Trust: Zach Smith Karen Wogsland
CWCB: Linda Bassi /Chief of Stream&
Lake Protection Section
Kaylea White/Senior Water
Resources Specialist
Each Member shall be entitled, at its sole discretion, to change its
representative and alternate on the Management Committee,provided
that the Member provides prompt notice of the same to the other
Members.
ii. Charge. The purpose of the Management Committee is to provide
oversight (including oversight of operations and Added Water),
direction, and decision-making for the ISF Augmentation Plan during
Phase 1I, and Phase III as appropriate in accordance with Paragraph
3.b. The Management Committee is charged with meeting,discussing,
and conferring regarding all decisions necessary to implement and
accomplish Phase II Tasks, including the filing and prosecution of the
Draft Application, and reviewing proposed additional sources of
Additional Water Rights pursuant to Paragraph 3.c).
Duties. Each representative will: (a) represent its Member on the
Management Committee including, communicating the Member's
perspectives and positions; and (b) communicate to its Member the
work of the.Management Committee and the ISF Augmentation Plan.
Page 12 of 30
iv. Decision-making in Phase 11. Decisions of the Management
Committee are to be made consistent with Plan goals and guiding
principles set forth herein. The Management Committee shall operate
by consensus in making Phase If decisions and prosecution of Phase 11
Tasks. To this end, the Members of the Management Committee shall
make a good faith effort to reach consensus, propose alternative
solutions, and otherwise work to resolve any issues that prevent
consensus. Any decisions involving the use of a particular Water User's
water rights may only be made with the consent of that Water User that
owns the particular water right, in that Water User's sole discretion.
V. Water Court Application. To implement the I.SF Augmentation Plan
some of the Parties will file an application in Water Court substantially
in the form of the Draft Application. The CWCB shall be an applicant
because the Application involves the adjudication of an augmentation
plan to help preserve and improve the natural environment under the
CWCB's statutory authority to use water for instream flow purposes. It
is anticipated that other Parties may individually participate as a co-
applicant(s) or the Management Committee may create an entity,
should it deem it necessary, for this purpose and that entity may
participate as a co-applicant. It is presently anticipated that the
Association will be a co-applicant. All decisions concerning the
prosecution of the Application shall be made in accordance with
Paragraph 4.a.iv. A Water User/co-applicant in its sole discretion may
withdraw as a co-applicant. , Any Party that is not a co-applicant may
file a "friendly' statement of opposition to the Draft Application, and
the Parties hereby consent to the submission of said "friendly"
statement of opposition. In the event a Party files a statement of
opposition; other than a "friendly" statement of opposition, or files
documents that are contrary to the entry of the decree, such Party is
automatically removed from the Management Committee, but shall
continue to be subject to the Common Interest Agreement.
vi, Meetings. The Management Committee will schedule monthly
meetings but said meetings may occur more frequently or less
frequently as the Management Committee determines to he prudent.
The Management Committee shall agree on a time and place of
meetings that is convenient and practical. for as many Members as
practicable. At the Management Committee's discretion these.
meetings may be in person,by telephone,or may allow participation by
other means of remote access. Water Trust shall circulate a financial
report pursuant to Paragraph 4.d.iii at least one week in advance of the
meetings, unless otherwise agreed to by the Members. Water Trust
shall take action minutes of all meetings identifying: (a) the Members
present and other attendees,• and. (b) any and all decisions made and
actions taken by the Management Committee. The draft action minutes
Page 13 of 30
taken by Water Trust shall be circulated to the Management Committee
one week prior to the next meeting for any comments or corrections.
The Management Committee may coordinate on taking more detailed
minutes, in addition to the action minutes to be taken by Water Trust.
The Management Committee may collectively determine whether
persons other than representatives of the Members may attend any
meeting(s) no less than one week in advance of the meeting. If the
Management Committee determines that persons other than
representatives of the Members may attend a meeting, the meeting
shall be open to such persons, and perhaps the public, and the
Management Committee shall determine how,when, and if to provide
notice of the time and location of the meeting.
b. CONSULTATION WITH CPW. The Parties agree that CPW will be consulted to
assist in the development of the ISF Augmentation Plan in the following ways:
i. To provide science-based recommendations regarding appropriate
segments and appropriate flows for augmentation, including use of the
Seed Water Rights, any administrative approval to be pursued, and
Additional Water Rights to be added later;
ii. To review and assist in the development of the Water Court application
and proceedings; and
iii. To attend meetings and conference calls as-needed.
C. MANAGEMENT COMMITTEE IN PHASE Ill. The Parties presently anticipate that the
Management Committee will continue into Phase Ill as the governing and
decision-making body for the ISF Augmentation Plan, although the precise
structure and make-up of the governing body shall be determined by the
Parties at the conclusion of Phase 11. The Parties expect, however, that the
Management Committee's role will evolve in Phase Ill to primarily involve:
(a) broad policy questions regarding the operation of the ISF Augmentation
Plan; (b) fundraising and the general financial position and expenditures to
implement the ISF Augmentation Plan; (c) necessary water infrastructure
alterations, measurement and related issues within the Plan segment(s); (d)
decisions concerning the protection and defense of the ISF Augmentation Plan;
and(e) such other matters as are necessary for the oversight and operation of
the ISF Augmentation Plan. The Parties further anticipate that overall
operation of the ISF Augmentation Plan will be overseen by the Management
Committee consistent with the goals and guiding'principles set forth herein.
This will include decisions regarding the protection and defense of the ISF
Augmentation Plan in Water Court or in SWSP proceedings. To assure that
efforts toward protection and defense of the ISF Augmentation Plan are
coordinated, consistent, and not unnecessarily disruptive or costly to the
Parties and to other water users, the Parties agree that the protection and
defense of the Plan in Water Court and in SWSP proceedings is the right and
obligation of the Management Committee;and no individual Party shall take it
Page 14 of 30
upon themselves to defend the Plan in Water Court or in SWSP proceedings
without the authorization to do so of the Management Committee. The
foregoing notwithstanding, any Party who has contributed/dedicated water
rights to the Plan or has a contractual interest in the water rights included in
the Plan may participate in Water Court and in SWSP proceedings for the
purpose of protecting and defending such water rights or contractual
interests, and for all other purposes, but shall not
independently/autonomously seek to protect or defend the ISF Augmentation
Plan or Plan operations. Day-to-day operation and administration of the ISF
Augmentation Plan, including communications with the Water Commissioner
and other water users, and including headgate operations and accounting,are
anticipated to be undertaken by staff/representative(s) of the Association at
the direction of the Management Committee, which may require a separate
agreement with the Association.
d. WATER TRUSTAS PLAN AND FISCAL AGENT IN PHASE 11.Water Trust shall act as the
ISF;Augmentation Plan fiscal agent of the Plan during Phase II, as set forth in
this Paragraph 4.d.
i. Water Trust Role. Water Trust agrees to provide the staffing, office
space,and office equipment to assist in the fulfillment of Phase II Tasks
and the Plan more generally,subject to Water Trust Board of Director's
review and budgeting authority, and any other limitations herein.
Water Trust office space and equipment remain property of the Water
Trust. Water Trust Executive Director remains the supervisor of Water
Trust staff and Water Trust staff remain employees solely of Water
Trust. Water Trust staff will engage in Fundraising to support Phase 11,
the Draft Application, and the Plan. Exercising its own discretion, but
subject to the approval of the Management Committee,which approval
shall not be unreasonably withheld, the Water Trust may pursue
Additional Water Rights for use in the Plan to be brought to the
Management Committee, and funds for the operation of the ISF
Augmentation Plan from government and private grants, corporate
funding campaigns, individual donors, and other larger fund-building
campaigns. Water Trust; in coordination with the Parties, agrees to
assist in the accomplishment of the Phase I1 goals and task set forth
herein, including developing and implementing legal strategies,
acquiring water, water rights, and interests in water, and hiring
consultants.
ii. Water Trust to Hold Monies for the Plan.Water Trust shall establish
and hold all monetary resources for Phase 11 Tasks,in the Management
Committee Account with a financial institution that is acceptable to the
Management Committee. The monetary resources for the Phase II
Tasks shall not be intermingled with any other funds or monetary
resources,which may be accomplished either by the use of a separate
Page 15 of 30
account with a financial institution or by accounting for the monetary
resources for the Phase II Tasks as being separate funds.
iii. Financial Reporting. Water Trust shall provide a financial report, in
writing, to the Management Committee at its meetings including the
Management Committee Account balance, anticipated expenditures
and withdrawals, including Water Trust reimbursements, and
anticipated revenues. In addition, Water Trust shall provide. to any
Member any documents or other information regarding the
Management Committee Account upon request.
iv. Debt. With the prior approval of the Management Committee, the
Water Trust may incur debt associated with the implementation of the
Plan. However, no Party hereto shall be liable for any debts incurred
by Water Trust under this Agreement without their written and
express authorization.
V. Unused Funds. If, upon termination of this Agreement pursuant to
Paragraph 6, there are funds in the Management Committee Account
that have not been spent, are not required to be returned to the
granting entity pursuant to that grant's agreement,and are not needed
to pay any outstanding obligations, the Management Committee shall
confer regarding how such funds may be used or refunded..
e. OPERATIONAL FUNDING. The Parties agree that, due to its unique position
among the Parties, Water Trust may reimburse itself from the Management
Committee Account for its time and.resources spent on the Plan. Water Trust
shall provide the Management Committee with an accounting of such
reimbursements, in the form of detailed accounting provided to the
Management Committee, which shall include, among other relevant
information as may be requested by the other Parties from time to time, a
specification of. (a) the costs incurred by Water Trust; (b) the hours spent by
Water Trust staff on the Plan; (c) the rate(s), as may change from time to time,
claimed for Water Trust staff; and (d) a description of the associated task so
claimed by Water Trust.
f. PAYMENT FOR WATER. It is generally intended that no compensation shall be
paid for the inclusion of the Seed Water Rights in the Plan, although actual
compensation shall be determined between the Water User and the CWCB on
a case-by-case basis,provided that such a transaction is permissible under the
charters, ordinances, rules and regulations, and other legal authorities
governing such Parties. if compensation for such Seed Water Rights is
required, the Management Committee will determine how to proceed. As
articulated in the guiding principles, it is envisioned that this Plan will allow
Additional Water Rights to be added to the Plan upon approval of the
Management Committee, with the idea being that the Plan be capable of
Page 16 of 30
utilizing temporary water supplies (including temporary water supplies from
local ATM projects, Agricultural Water Protection Water Rights, and
temporary administratively approved sources) and serve as a potential
revenue source for Poudre River Basin water users willing to lease water
supplies to the Plan. Accordingly, the Management Committee may consider
compensating for Additional Water Rights included in the Plan. However, no
Party is obligated herein to contribute to any future requested compensation.
5. MONETARY RESOURCES FOR PHASE II.
a. MONETARY CONTRIBUTIONS BYTHE PARTIES. The monetary resources for Phase II
will include monetary contributions from some of the Parties. Except as
outlined herein, nothing in. this Agreement shall require any Party to
contribute or obligate any funds.
i. Initial Contributions: Fort Collins hereby agrees to provide twenty
thousand dollars ($20,000) to the Water Trust for the purposes of this
Agreement, and in particular the Phase II Tasks. Northern Water
hereby agrees to provide twenty thousand dollars ($20,000) to Water
Trust for the purposes of this Agreement,and in particular the Phase II
Tasks. Greeley hereby agrees to provide twenty thousand dollars
($20,000.00) to Water Trust for the purposes of this Agreement,and in
particular the Phase 11 Tasks. Thornton hereby agrees to provide
twenty thousand dollars ($20,000.00) to the Water Trust for the
purposes of this Agreement, and in particular the Phase II Tasks. Any
Party may provide additional funds to the Water Trust for the purposes
of this Agreement, and in particular the Phase II Tasks,which shall be
documented in writing with a copy to all Parties. The monetary
contributions under this Paragraph 4.a are subject to annual
appropriations and, upon making such initial contributions, the
contributing Party shall have no ongoing obligations except as
expressly set forth herein.
ii. Subsequent Contributions. The Parties may further contribute
additional funds to Water Trust for the purposes of this Agreement:
Any Party making such a contribution shall notify the other Parties of
such contribution.
b. FUNDRAISING/MONETARY CONTRIBUTIONS BY NON-PARTIES. The Parties intend to
seek additional monetary resources for the Plan through various fundraising
activities including seeking grants.
C. DEPOSIT. Water Trust will deposit all monetary funds in the Management
Committee Account.
Page 17 of 30
d. NON-MONETARY CONTRIBUTIONS BY THE PARTIES. Nothing herein shall preclude
the Parties from contributing non-monetary resources to.the Plan, including
water, staff and consultant time, but no water right of any Party may be used
or operated under the ISF Augmentation Plan without the written and express
authorization of the owner of that water right.
6. TERM,TERMINATION,WITHDRAWAL,AND ASSIGNMENT.
a. TERM. This Agreement shall remain in effect until terminated by the Parties or
completion of Phase 11.
b. TERMINATION. This Agreement shall terminate automatically upon a
determination by the Management Committee not to proceed with the ISF
Augmentation Plan. This Agreement shall also terminate if the Water Users
withdraw pursuant to Paragraph 6.c such that there is only one Water User
remaining.
C. WITHDRAWAL. Each Party, in its sole discretion, shall be entitled to withdraw
from this Agreement upon written notice to the remaining Parties, but shall
continue to be subject to the Common Interest Agreement
i. Withdrawal by the Association, Fort Collins, Northern Water,
Thornton,Greeley or CPW. If the Association,Fort Collins,Thornton,
Northern Water, Greeley or CPW withdraws from this Agreement, the
following terms and conditions shall apply. Said Party shall not be
entitled to reimbursement for any funds provided to Water Trust for
the purposes of this Agreement pursuant to Paragraph 5.a. Said Party
shall be entitled to retain any information acquired pursuant to this
Agreement. Said withdrawal shall not affect said Party's rights to
enforce other contracts or agreements with any of the other Parties and
with respect to the Plan. Upon withdrawal, said Party shall have no
further liability or obligations hereunder.
ii. Withdrawal by Water Trust. If Water Trust withdraws from this
Agreement,the following terms and conditions shall apply.Water Trust
shall account for any funds in the Management Committee Account
Water Trust shall then transfer those funds to an account identified by
the remaining Parties for their use for the Plan to the extent that such
funds are not needed to meet existing obligations.Water Trust shall be
entitled to retain any information acquired pursuant to this Agreement.
iii. Withdrawal by the CWCB. If the CWCB withdraws from this
'Agreement,the following terms and conditions shall apply. CWCB and
all co-applicants in Water Court shall cancel the ISF Decree for the ISF
Augmentation Plan, or, if still pending, shall dismiss the Draft
Page 18 of 30
Application. CWCB and the other Parties shall terminate this MOA and
all other agreements related to the Plan.
d. ASSIGNMENT BY WATER TRUST. If Water Trust assigns this Agreement under
Paragraph 16, Water Trust shall account for any funds in the Management
Committee Account Water Trust shall then transfer those funds to the assignee
in an account identified by the remaining Parties for their use for the Plan to
the extent that such funds are not needed to meet existing obligations. Water
Trust shall also transfer all documents and files pertaining to the Plan, either
as originals or copies, to the assignee, subject to the assignee agreeing to
execute the Common Interest Agreement.
7. REMEDIES. Withdrawal pursuant to Paragraph 6.c and other any other remedy
available at law shall be the exclusive remedies for any breach of this Agreement.
8. FISCAL CONTINGENCY. Notwithstanding any other provision of this Agreement to
the contrary, the obligations of Fort Collins, Northern Water,Thornton,and Greeley (in this
paragraph,"Governmental Entity"),in fiscal years after the fiscal year of this Agreement shall
be subject to appropriation of funds sufficient and intended therefor,with the Governmental
Entity having the sole discretion to determine whether the subject funds are sufficient and
intended for use under this Agreement, and the failure of the Governmental Entity to
appropriate such funds shall be grounds for the Governmental Entity to withdraw from this
Agreement pursuant to Paragraph 6.c. Likewise, all commitments by the CWCB are subject
to sufficient funds being appropriated for such commitments, at the sole discretion of the
CWCB.
9. NO THIRD-PARTY BENEFICIARIES. This Agreement is entered into between the
Parties for the purposes set forth herein. It is the intent of the Parties that they are the only
beneficiaries of this Agreement and the Parties are only benefitted to the extent provided
under the express terms and conditions of this Agreement and there are no third-party
beneficiaries.
10. GOVERNING LAW AND ENFORCEABILITY. This Agreement shall be construed in
accordance with the laws of the State of Colorado. The Parties recognize that 'the
constitutions, statutes, and rules and regulations of the State of Colorado and of the United
States, as well as the Parties respective bylaws, city charters and codes, and rules and
regulations, impose certain legal constraints on each Party and that the Parties intend to
carry out the terms and conditions of this Agreement subject to those constraints. Whenever
possible, each provision of this Agreement shall be interpreted in such a manner so as to be
effective and valid under applicable law..
11. WAIVER. A waiver of a breach of any of the provisions of this Agreement shall not
J constitute a waiver of any subsequent breach of the same or another provision of this
Agreement. Nothing in this Agreement shall be construed as any waiver of governmental
immunity of the Parties who are Governmental Entities or the CWCB or any other
governmental provisions of State law.
Page 19 of 30
12. NOTICES. All notices or other communications hereunder shall be sufficiently given
and shall be deemed given when mailed or e-mailed,addressed as follows:
To Association: Fischer, Brown, Bartlett&Gunn, P.C.
i 1319 East Prospect Rd.
Fort Collins, CO 80525
danbrown@fbgpc.com
To Fort Collins: City Manager
City Hall West
300 LaPorte Avenue; P.O. Box 580
Fort Collins,Colorado 80522-0580
With copy to: Fort Collins City Attorney
300 LaPorte Avenue; P.O. Box 580
Fort Collins, Colorado 80522-0580
epotyondy@fcgov.com
and: Fort Collins Utilities
Attn:Water Resources Manager
700 Wood Street P.O. Box 580
Fort Collins, Colorado 80522-0580
and: Natural Areas Department
745 Hoffman Mill Road
Fort Collins, Colorado 80524
jstokes@fcgov.com; dfiggs@fcgov.com
To Water Trust: Director of Programs
1420 Ogden Street, Suite A2
Denver, Colorado 80218
To Northern Water: General Manager
220 Water Avenue
Berthoud, Colorado 80513
To Greeley: Greeley Water and Sewer Department
Attn:Deputy Director of Water Resources
1001 11th Avenue,Second Floor
Greeley,Colorado 80631
With copy to: Greeley City Attorney's Office
Attn: Environmental and Water Resources
1100 10Th Street, Suite 401
Greeley, Colorado 80631
Page 20 of 30
daniel.biwer@greeleygov.com
To: CWCB Stream and Lake Protection Section
1313 Sherman St., Rm. 718
Denver, Colorado 80203
DNR_CWCBISF@state.co.us
With copy to: Office of the Attorn.ey General
Attn:Water Conservation Unit, Natural
Resources Section
1300 Broadway, 7th Floor
Denver, Colorado 80203
Ema:schultz@coag.gov
To Thornton: Thornton Water Resources Division
Attn:Water Resources Manager
9500 Civic Center Drive
Thornton,Colorado 80229
emily.hunt@cityofthornton.net
With copy to: Thornton City Attorney's Office
Attn: City Attorney
9500 Civic Center Drive
Thornton, Colorado 80229
To: CPW Water Resources Section Manager
Colorado Parks and Wildlife
6060 Broadway
Denver, CO 80216
With copy to: Colorado Department of Law
Attn: Elizabeth Joyce
Natural Resources Section
Parks,Wildlife and Trust Lands Unit
1300 Broadway, 7th Floor
Denver, CO 80203
Eiizabeth.joyce@coag.gov
13. CONSTRUCTION. This Agreement shall be construed according to its fair meaning as
it was drafted by the Parties together. Headings in this Agreement are for convenience and
reference only and shall in no way define, limit, or prescribe the scope or intent of any
provision of this Agreement.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the
Parties regarding the matters addressed herein. This Agreement binds and benefits the
Parties and their respective successors and assigns. Covenants or representations not
Page 21 of30
contained in this Agreement regarding the matters addressed herein shall not bind the
Parties.
15. REPRESENTATIONS. Each Party represents to the other parties that it has the power
and authority to enter into this Agreement and the individual signing below on behalf of that
Party has the authority to execute this Agreement on its behalf and legally bind that Party.
16. ASSIGNMENT. No Party may assign any rights or delegate any duties under this
Agreement without the written consent of all other Parties.
17. INTERGOVERNMENTAL AGREEMENT. The Parties that are Governmental Entities
agree this Agreement is an intergovernmental agreement pursuant to Article XIV,Sec. 18 of
the Colorado Constitution and C.R.S: 294-201 est. seq. inclusive.
18. NO OPERATING OBLIGATION. Nothing in this Agreement shall be deemed or
construed as creating any obligation on any of the Parties to operate their water rights or
their raw or treated waterworks systems in any particular manner. Each party retains sole
and exclusive discretion concerning the operation of their water rights and waterworks
systems.
[Remainder of Page Left Blank Intentionally]
Page 22 of 30
CACHE LA POUDRE WATER USERS ASSOCIATION,a Colorado non-profit corporation
By: Date:
ATTEST:
By:
[Remainder of Page Left Blank Intentionally]
O
Page 23 of 30
CITY OF FORT COLLINS,COLORADO,a Colorado home rule municipality
By: Date:
Darin A.Atteberry,City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO LEGAL FORM:
By:
Eric Potyondy
City Attorney's Office
[Remainder of Page Left Blank Intentionally]
Page 24 of 30
COLORADO WATER TRUST,a Colorado non-profit organization
By: Date
Andy Schultheiss, Executive Director
ATTEST:
By:
[Remainder of Page Left Blank Intentionally]
Page 25 of 30
® ® . ,
NORTHERN COLORADO WATER CONSERVANCY DISTRICT, a political subdivision of
the State of Colorado
By: Date:
Brad Wind,Genera] Manger
ATTEST:
By:
[Remainder of Page Left Blank Intentionally]
Page 26 of 30
CITY OF GREELEY, COLORADO,a home rule municipality
By. Date:
Roy Otto, City Manager
AS TO LEGAL FORM:
By:
City Attorney's Office -
[Remainder of Page Left Blank Intentionally]
J
Page 27 of 30
® ® ..
CITY OF THORNTON,COLORADO,a Colorado home rule municipality
By: Date:
Kevin S.Woods, City Manager
ATTEST:
Kristen N.Rosenbaum,City Clerk
APPROVED AS TO FORM:
Luis A. Corchado, City Attorney
[Remainder of Page Left Blank Intentionally]
Page 28 of 30
COLORADO WATER CONSERVATION BOARD,an agency of the STATE OF COLORADO
By: Date:'
ATTEST:
By:
[Remainder of Page Left Blank Intentionally]
Page 29 of 30
® ® ' •
COLORADO PARKS AND WILDLIFE,an agency of the STATE OF COLORADO
By: Date•
ATTEST:
By:
[Remainder of Page Left Blank Intentionally]
a
Page 30 of 30
DISTRICT COURT, WATER DIVISION NO. 1
Weld County Courthouse
901 9t' Avenue P.O. Box 2038
Greeley,Colorado 80631
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
CACHE LA POUDRE WATER USERS
ASSOCIATION, CITY OF FORT COLLINS, CITY
OF GREELEY, COLORADO WATER TRUST, A COURT USE ONLY A
NORTHERN COLORADO WATER
CONSERVANCY DISTRICT, CITY OF THORNTON,
AND COLORADO WATER CONSERVATION
BOARD
IN LARMER AND WELD COUNTIES, COLORADO.
Attorneys for Cache la Poudre Water Users Association- Case Number: 20 CW
Dan Brown, #30799
Fischer, Brown, Bartlett&Gunn. P.C.
1319 E. Prospect Road DRAFT FOR DISCUSSION_
Fort Collins, CO 80525 PURPOSES ONLY
Telephone: (970)407-9000
Email: danbrown@fbgpc.com
Attorneys for City of Fort Collins:
Eric R. Potyondy,#38243
Fort Collins City Attorney's Office
300 LaPorte Avenue
Fort Collins, CO 80521
Telephone: (970)416-2126
Email-epotyondy@fcgov.com
Attorneys for.City of Greeley:
Dan Biwer, #46308
1100 10th Street, Suite 401
Greeley, CO 80631
Telephone: (970) 350-9291
Email: Daniel.Biwer@Greeleygov.coni
Colorado Water Conservation Board et al.
Case No. 20_CW
Page 2
DRAFT FOR DISCUSSION PURPOSES ONLY
Attorneys for the Colorado Water Trust:
Zach Smith,#41575 A COURT USE ONLY
1420 Ogden Street, Suite A2,
Denver, Colorado 80218
Telephone: (720)570-2897
Email: zsmith@coloradowatertrust.org Case Number: 20 CW
Attorneys for the Northern Colorado Water Conservancy (continued)
District:
Lisa Thompson, #35923
Trout Raley
1120 Lincoln St., Suite 1600,
Denver, CO, 80203-2141
Telephone: (303) 861-1963
Email: Ithorripson@troutlaw.com
Attorneys for the City of Thornton:
David C. Taussig, #16606
Alan E. Curtis,#34571
White and Jankowski,LLP
511 Sixteenth Street, Suite 500
Denver, Colorado 80202
Telephone: (303) 595-9441
Email: davet@white-jankowski.com
Attorneys for Colorado Water Conservation Board:
Cynthia H..Coffman, Attorney General
Ema I. G. Schultz,440117 (Counsel of Record)
Jennifer L. Mele,#30720(Counsel of Record),.
Natural Resources and Environment Section
Colorado Department of Law
1300 Broadway 7th Floor
Denver,CO,80203
Telephone: 720-508-6307
Email: ema.schultz@coag.gov
APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION
FOR INSTREAM FLOW PURPOSES ON THE CACHE LA POUDRE RIVER
Colorado Water Conservation Board et al.
Case No. 20_CW_
Page 3
DRAFT FOR DISCUSSION PURPOSES ONLY
1. Name,mailing address, email address, and telephone number of Applicants.
Cache la Poudre Water Users Association
1319 East Prospect Rd.
Fort Collins, CO 80525
Telephone: (970)407-9000
Email: danbrown@fbgpc.com
City of Fort Collins ("Fort Collins")
c/o John Stokes, Director of Natural Areas Department
1745 Hoffman Mill Road (80524)
P.O.BOX 580
Fort Collins, CO 80522
Telephone: (970)416-2815
Email:jstokes@fcgov.com
City of Greeley("Greeley")
c/o Jennifer Petrzelka,Water Resources Operations Manager
1001 11''Avenue, Second Floor
Greeley, CO 80631
Telephone: (910) 350-9859
Email:jennifer.petrzelka@greeleygov.com
Colorado Water Trust
c/o Karen Wogsland, Director of Programs
1420 Ogden St., Suite A2
Denver,CO 80218
Telephone: 720-570-2897
Email;kwogsland@coloradowatertrust.org
Northern Colorado Water Conservancy District
c/o General'Manager
220 Water Avenue
Berthoud,Colorado 80513
Telephone: (970)622-2320
Email: bind@northemwater.org
City of Thornton ("Thornton')
c/o Water Resources Division
12450 Washington Street
Thornton, Colorado 80241
Telephone: (720)977-6600
Email: emily.hunt@cityofthomton,net
Colorado Water Conservation Board et al.
Case No. 20_CW
Page 4
DRAFT FOR DISCUSSION PURPOSES ONLY
Colorado Water Conservation Board ("CWCB")
1313 Sherman St.,Room 718
Denver, CO 8.0203
Telephone: (303) 866-3441
Email: Kaylea.White@state.co.us
2. General Description of Application. The Cache la Poudre River ("Poudre River") is
one of the hardest working rivers in the State. Co-Applicants and others have been
exploring options to improve the Poudre River as a healthy, working river. One of those
efforts focused on preserving and improving flows in the Poudre, particularly
downstream of the canyon mouth to the confluence of the South Platte River, at times
when flows would improve the ecological health of the river, while ensuring that such
options would not injuriously affect the owners of or persons entitled to use water under
vested water rights or decreed conditional water rights. As a result, the Co-Applicants
and other parties have entered into various agreements related to this matter, which may
be revised or amended in the future.
Pursuant to those agreements and this Application,Co-Applicants seek judicial approval
of a plan for augmentation, as defined in C.R.S. §37-92-103(9), "to increase the supply of
water available for beneficial use"in and along the Poudre River from the canyon mouth
to its confluence with the South Platte River.("Poudre Flows Plan" or "Plan"). Such
beneficial use includes the preservation and improvement of the natural environment to a
reasonable degree as authorized pursuant to the Water Right Determination and
Administration Act, C.R.S. §§37-92-101 et seq. See C.R.S. §37-92-102(3). This will be
accomplished through operation of the Poudre Flows Plan as described in this
Application. The Plan will not injuriously affecting the owners of or persons entitled to
use water under vested water rights or decreed conditional water rights.
This Application is based on the CWCB's authority to acquire interests in water rights
through contractual arrangements pursuant to C.R.S. §37-92-102(3) and to file
applications in Water Court, utilizing the water rights it acquires, including applications
for plans for augmentation. Id. CWCB does not by this application seek an appropriative
instream flow water right'pursuant to C.R.S. §37-92-102(3).
3. Need for Augmentation. Co-Applicants will augment flows in six defined segments of
the Poudre River from the canyon mouth at the Canyon Gage to the Poudre River's
confluence with the South Platte River("Augmented Segments"), as set forth below:
I
Segment Upper Boundary Lower Boundary
A Canyon Gage Larimer and Weld Canal Diversion
B Larimer and Weld Canal Diversion Spring Creek Confluence
C Spring Creek Confluence New Cache la Poudre Ditch
Diversion
D New Cache la Poudre Ditch Diversion County Road 17 Crossing
Colorado Water Conservation Board et al.
Case No. 20_CW
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E County Road 17 Crossing 59t' Avenue Bridge
F 59`s Avenue Bride South Platte River Confluence
A map showing the approximate location of the Augmented Segments are shown on
Exhibit A to this Application.
The canyon mouth is in the NW 1/4 of Section 15, Township 8 North, Range 70 West.
(All legal locations herein are based on the 6`s P.M.) The Poudre River then flows
through the following sections: Section 15, Township 8 North, Range 70 West; Sections
14, 13, 24, and 25, Township 8 North, Range 70 West; Sections 30, 29, 32, 33, and 34,
Township 8 North, Range 69 West; Sections 3, 2, ;12; and 13, Township 7 North, Range
60 West; Sections 18, 17, 20, 21, 28, 27, and 34, T6tvnship 7 North, Range 68 West;
Sections 3, 2, 11, 14, 13, and 24, Township 0 North, Range 68 West; Sections 19, 20, 29,
28, 33, 34, 35, and 36, Township 6 North, Range 67 West; Sections 31, 32, 33, 34, 35,
26, and 36, Township 6 North, Range 66'West; Sections 31 and 32, Township 6 North,
Range 65 West; Sections 5, 4, 9, 10, 11;!and 1, Township 5 North, Range 65 West; and
Section 6, Township 5 North, Range 64 West. The confluence of the Poudre River and
the South Platte River is in the SW 1/4 of Section 6;Township 5 North, Range 64 West.
The Canyon Gage is located in the NW U4 of Section 15, Township 8 North, Range 70
West. The Larimer and Weld Canal Diversion is located in the SW IA of Section 34,
Township 8 North, Range 69 West.. The Spring Creek Confluence is located in the
SWU4 of Section 17, Township 7 North, Range 68 West. The New Cache la Poudre
Ditch Diversion is located in the NEI/4 of Section 11, Township 6 North, Range 68
West. County Road 17 Crossing is located along the-section line between Sections 28
and 29, Township 6 North, Range 67 West. The 59`h Avenue Bridge is located along the
section line between Sections 33 and 34, Township 6 North, Range 66 West. The South
Platte River Confluence is located in the SW/14 of Section 6, Township 5 North, Range
64 West.
The Augmented Segments will be augmented under the Poudre Flows Plan to preserve
and improve the natural environment to a reasonable degree up to the rates of flow (in
cubic feet per second("cfs")) set forth in the following table.
Segment Winter. .(No* Winter (Nov 1 - Summer Summer (Apr 1 -
1-Mar 31) Mar 31) (Apr 1 - Oct 31)
Preserve Improve Oct 31) Improve
Preserve
A Up to 55 55 - 85 Up to 85 85 - 130
B Up to 55 55- 85 Up to85 85 - 130
C Up to 30 30-54 Up to 40 40- 80 above I-25
40- 54 below I-25
D I Up to 10 10- 35 U to-to 10 -40
Colorado Water Conservation Board et al.
Case No. 20_CW_
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E Up to 15 15 - 30 Up to 15 15 - 30
F I Up to 15 15 - 30 Up to 15 1 15 - 30
These flow rates were quantified by Colorado Parks and Wildlife in its Flow
Quantification Report for the Cache la Poudre River in Larimer and Weld Counties,
dated July 2018. The specific length of the Poudre River wherein flows will be
augmented at any specific time will depend on the Introduction Point and Terminal Point
(as defined in Paragraph 5 below) for each Augmentation Source (as defined in
Paragraph 4 below), included in the Poudre Flows Plan.
At a regularly. 'scheduled board meeting on January , 2018 the CWCB board
determined that using acquired water, including the Augmentation Sources listed below,
up to the above flow rates are appropriate to preserve and improve the natural
environment to a reasonable degree. In .addition to the other claims set forth in this
Application, the CWCB seeks confirmation from the Court of the CWCB's determination
that using acquired water rights, including the Augmentation Sources listed below, up to
the flow rates listed above are appropriate to preserve and improve the natural
environment to a reasonable degree.
4. Water Rights to Be Used for Augmentation ("Augmentation Sources"). Applicants
intend to include the following expressly identified `-'Seed Water Rights" as
Augmentation Sources in the Poudre Flows Plan. Co-Applicants seeks confirmation from
the Court that the uses of these Seed Water Rights in the Poudre Flows Plan are in
conformance with the applicable decree and will be subject to the terms and conditions of
those decrees.
4.1. Fort Collins' 1992CW129 and 2005CW323 Southside Ditch
Companies Changed Water Rights. Water rights, all sourced from the
Poudre River, represented by certain shares owned by Fort Collins in the
Arthur Irrigation Company, Larimer County Canal No. 2 Irrigating
Company, New Mercer Ditch Company, and Warren Lake Reservoir
Company, were quantified and changed in Case No. 1992CW129 and
Case No. 2005CW323, Water Division No. 1, among other things, to
include various new uses including augmentation use. The following
information concerning these sources can be found in the decrees entered
in Case No. 1992CW129 and Case No. 2005CW323: the dates of the
original decrees and all relevant subsequent decrees; the types.of water
rights, legal descriptions of each point of diversion and storage structure,
the sources, of water, the appropriation dated, the decreed amounts, and
the decreed uses. A more complete description of these water rights is
shown on Exhibit B to this Application. The locations of the structures
are shown on Exhibit C to this Application. Exhibit D to this Application
is the current agreement between the CWCB and Fort Collins regarding
these water rights, which may be revised or amended in the future.
Colorado Water Conservation Board et al.
Case No. 20_CW
DRAFT FOR DISCUSSION' PURPOSES ONLY Page 7
4.2. Greeley's 1999CW232 and 2015CW3163 Greeley Irrigation
Company Changed Water Rights. Water rights represented by shares
owned by Greeley in the Greeley Irrigation Company ("GIC"). Greeley
quantified and changed the type, manner, and use of certain of its GIC
shares in Case Nos. 1999CW232 and 2015CW3163, Water Division No.
1, More specifically, Greeley changed these GIC shares to include
alternate points of re-diversion and places of storage, and to include a
number of additional uses beyond irrigation, including augmentation. A
more complete description of the water rights to be included by Greeley
in the Poudre Flows Plan via agreement with the CWCB is shown on
Exhibit E to this Application. The locations of the structures are shown
on Exhibit F to this Application. Exhibit G to this Application is the
current agreement between the CWCB and Greeley regarding these water
rights, which may be revised or amended in the future.
4.3. . Thornton's TNP Decree. The TNP Decree adjudicated in the Findings
of Fact, Conclusion of Law, Judgment and Decree on Remand in
Consolidated Cases No. 86CW401,86CW402, 86CW403, and 97CW332
("TNP Decree") changed Thornton's interests represented by shares in
the Water Supply and Storage Company ("WSSC") for native water
rights in the Poudre River Basin and transmountain water rights as
described in attached Exhibit H to this Application, which was Exhibit B
to the TNP Decree (WSSC Water Rights). The TNP Decree also
changed Thornton's interests represented by shares in the Jackson Ditch
Company ("JDC") for native water rights in the Poudre River Basin as
described in attached Exhibit I to this Application, which was Exhibit C
to the TNP Decree (JDC Water Rights). ' The TNP Decree changed the
WSSC and JDC to alternate types and places of use including among
other things, augmentation in the Poudre and South Platte basins pursuant
to the terms of the decree in paragraphs 11.3.1 and 11.3.2. The Poudre
River Exchange in Case No. 86CW401, the WSSC Ditch Exchange in
Case No. 86CW402, and the 1986 Appropriations in 86CW403 from the
TNP Decree will not be part of or included in this Plan.
• 4.4. Thornton's TNP by Exchange Decree. Thornton also adjudicated
exchanges of TNP Decree water rights in Case No. 96CW 1116 Findings
of Fact, Conclusions of Latin, Ruling and Decree entered October 20,
2005 ("TNP by Exchange Decree") The sources of water for the Plan are
described in paragraph 15.1.1 as; (1) the WSSC and JDC water rights
changed in the TNP Decree; and (2) Thornton's share of transmountain
water excluding all water and return flows attributable to C-BT Project
(collectively"TNP by Exchange Sources"). Exhibit to this Application is
an. Agreement for the Use of Certain Thornton Water Rights in the
Colorado Water Conservation Board et al.
Case No. 20_CW_
Page 8
DRAFT FOR DISCUSSION PURPOSES ONLY
Poudre River ISF Augmentation Plan between Thornton and the CWCB
effective January _ 2019 that provides the CWCB with a contractual
interest in the TNP Decree and the TNP by Exchange for use in the
Poudre Flows Plan.
5. Additional or Alternative Water Rights to Be Used for Augmentation. Applicants
further seek that any decree entered in this case include procedures to allow the use of
additional or alternative Augmentation Sources pursuant to C.R.S. §37-92-305(8)(c). „
Specifically, Applicants seek a mechanism to add Augmentation Sources to the Plan after
the decree is entered pursuant to C.R.S. § 37-92-3.05(8)(c) identified as "Added Water".
Applicants intend that the use of the Added Water delivered to the Poudre River will
increase the supply of water in the Augmented Segments, including diverting, measuring,
and delivering to the stream Added Water that is attributable to;,(1) a water right that has
been changed by decree or granted administrative approval to be legally available for
augmentation use; (2) a nontributary, transmountain, or other developed water right that
is legally available for augmentation use; or,(3) a water right decreed or administratively
approved to be legally available for augmentation use. See, e.g., C.R.S. §§37-92-308, 37-
92-309.
6. Complete Statement of the Plan.
6.1. Applicants, in various combinations, are parties to certain contractual
agreements related to the Poudre Flows Plan, which set forth the
responsibilities of the parties, including Work cooperatively on filing this
Application and operation of the Poudre Flows Plan once in place,
relying on the CWCB's statutory authority to enter into leases and
agreements to acquire interests in water to be used for instream flow
purposes. See C.R.S. §37-92-102(3). The CWCB has acquired a
contractual interest in the Seed Water Rights identified in Paragraph 4
above;pursuant to CWCB Rule 6 of the Rules Concerning the Colorado
Instream Flow and Natural Lake Level Program, and will acquire or has
acquired interests in water rights from certain parties and others for use in
the Poudre Flows Plan.
6.2. Applicants intend to augment flows in the Poudre River from the canyon
mouth to its confluence with the South Platte River. The use of the
Augmentation Sources in this plan will be pursuant to agreements
between the owner(s) of the Augmentation Sources and the CWCB.
Applicants specifically intend to measure and deliver Added Water to the
Poudre River at various points ("Introduction Points"). Once the Added
Water has been measured and delivered to the stream at an Introduction
Point, it will be used to augment stream flows to preserve and improve
the natural environment to a reasonable degree. Subject to terms and
Colorado Water Conservation Board et al.
. Case No. 20_CW
DRAFT FOR DISCUSSION PURPOSES ONLY Page 9
conditions that will not injuriously affect the owners of or persons
entitled to use water under vested water rights or decreed conditional
water rights, the Added Water will be shepherded downstream from the
Introduction Points to various downstream points ("Terminal Points").
Between the specific Introduction Point and Terminal Point for each
Augmentation Source, the Added Water will be placed to augmentation
use in the stream and will be under the Applicants' dominion and control
and will thus not be available for use or diversion by others (including
diversions by, under, or pursuant to exchanges, substitute water supply
plans, plans for augmentation, or other means that cause a reduction to
the Added Water within the stream segment(s), other than reductions
caused by accounted for evaporation, transportation, and other losses).
For Applicants to maintain dominion and control of the Augmentation
Source, State water officials must be capable of administering the water
past intervening headgates at times when those headgates are not legally
entitled to divert all available flow in or "sweep" the river. Nothing
herein is intended to compel existing water users to alter river headgate
operations to bypass water they otherwise could lawfully divert unless by
written agreement of consent. When the Augmentation water reaches
the Terminal Point, it may be reused or successively used for beneficial
use in accordance with the applicable underlying decree(s) or
administrative approval(s) for the Augmentation Sources, less any transit
losses assessed by the Division Engineers that are incurred between the
specific Introduction Point and Terminal Point. The Added Water will be
measured as required by C.R.S. §37-92-502(5)(a) and the terms and
conditions of any decree entered in this case.
6.3. This application does not include any claims for exchanges or changes of
water rights.
7. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which
any new diversion or storage structure, or modification to any existing diversion or
storage structure is or will be constructed or upon which water is or will be stored,
including any modification to the existing storage pool.
i
Colorado Water Conservation Board et al.
Case No. 20_CW
Page 10
DRAFT FOR DISCUSSION PURPOSES ONLY
Dated this day of 20_.
FISCHER, BROWN, BARTLETT & GUNN, P.C.
Signature on file pursuant to C.R.C.P. 121 § 1-26(7)
r By
Dan Brown (#30799)
Attorneys for the Applicant, Cache la Poudre Water
Users Association
FORT COLLINS CITY ATTORNEYS OFFICE
Signature on file pursuant to C.R.C.P. 121 § 1-26(7)
By.
Eric R. Potyondy(#38243)
Attorneys for the Applicant, the City of Fort Collins
GREELEY CITY ATTORNEYS OFFICE
Signature on file pursuant to C.R.C.P. 121 § 1-26(7)
By:
Dan Biwer(#46308)
Attorneys for the Applicant, the City of Greeley
COLORADO WATER TRUST
Signature on file pursuant to C.R.C.P. 121 § 1-26(7)
By:
Zach Smith (441575)
Attorneys for the Applicant, Colorado Water Trust
TROUT RALEY
Signature on file pursuant to C.R.C.P. 121 § 1-26(7)
By:
Lisa Thompson (#35923)
Attorneys for the Applicant, Northern Colorado
Water Conservancy District
Colorado Water Conservation Board et al.
Case No. 20_CW
Page 11
DRAFT-FOR DISCUSSION PURPOSES ONLY
WHITE AND JANKOWSKI, LLP
Signature on file pursuant to C.R.C.P. 121 § 1-26(7)
By:
David C. Taussig (#16606)
Attorneys for the Applicant, City of Thornton
COLORADO ATTORNEY GENERAL'S OFFICE
Signature on file pursuant to C.R.C.P. 121 § 1-26(7)
By:
Erna I. G. Schultz(#40117)
Jennifer L. Mele (#30720)
Attorneys for the Applicant, Colorado Water
Conservation Board
Colorado Water Conservation Board et al.
Case No. 20_CW
Page 12
DRAFT FOR DISCUSSION PURPOSES ONLY
VERIFICATION
(Cache la Poudre Water Users Association)
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
1, , being first duly swom, hereby state that I have read this Application, that
I have personal knowledge of the facts stated and verify its contents to the best of my knowledge,
information, and belief.
The foregoing instrument Was acknowledged before me in the County of Larimer, State of
Colorado, this_day of 201_, by the person whose signature appears above.
My commission expires:
Notary Public
Colorado Water Conservation Board et al.
Case No. 20_CW_
DRAFT FOR DISCUSSION PURPOSES ONLY Page 13
VERIFICATION
(City of Fort Collins)
STATE OF COLORADO )
ss.
COUNTY OF LARIMER ) —
I, John Stokes, Director of the City of Fort Collins Natural Areas Department, being first duly
sworn, hereby state that I have read this Application, that I have personal knowledge of the facts
stated and verify its contents to the best of my knowledge, information; and belief.
The foregoing instrument was acknowledged before me in the County of Larimer, State of
Colorado, this_day of 201_,by the person whose signature appears above.
My commission expires:
Notary Public
Colorado Water Conservation Board et al.
Case No. 20_CW_
Page 14
DRAFT FOR DISCUSSION PURPOSES ONLY
VERIFICATION
(City of Greeley)
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
I, being first duly sworn, hereby state that I have read this Application, that
I have personal knowledge of the facts stated and verify its contents to the best of my knowledge,
information, and belief.
The foregoing instrument was acknowledged before me in the County of Larimer, State of
Colorado, this_day of 201_, by the person whose signature appears above.
My commission expires:
Notary Public
Colorado Water Conservation Board et al.
Case No. 20_CW_
DRAFT FOR DISCUSSION PURPOSES ONLY Page 15
VERIFICATION
(Colorado Water Trust)
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
I, ,being first duly sworn, hereby state that I have read this Application, that
I have personal knowledge of the facts stated and verify its contents to the best of my knowledge,
information, and belief.
The foregoing instrument was acknowledged before me in the County of Latimer, State of
Colorado, this —day of 201_,by the person whose signature appears above.
My commission expires:
Notary Public
Colorado Water Conservation Board et al.
Case No. 20 CW_
Page 16
DRAFT FOR DISCUSSION PURPOSES ONLY
VERIFICATION
(Northern Colorado Water Conservancy District)
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
I; being first duly sworn, hereby state that I have read this Application, that
I have personal knowledge of the facts stated and verify its contents to the best of my knowledge,
information, and belief.
The foregoing instrument was acknowledged before me in the County of Larimer, State of
Colorado,this_day of 201_,by the person whose signature appears above.
My commission expires:
Notary Public
Colorado Water Conservation Board et al.
Case No. 20_CW_
DRAFT FOR DISCUSSION PURPOSES ONLY Page 17
VERIFICATION
(City of Thornton)
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
I, being first duly sworn, hereby state that I have read this Application, that
I have personal knowledge of the facts stated and verify its contents to the best of my knowledge,
information, and belief.
The foregoing instrument was acknowledged before me in the County of Latimer, State of
Colorado,this_day of 201_,by the person whose signature appears above.
My commission expires:
Notary Public
Colorado Water Conservation Board et al.
Case No.20_CW _
Page 18
DRAFT FOR DISCUSSION PURPOSES ONLY
VERIFICATION
(Colorado Water Conservation Board)
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
I, , being first duly sworn, hereby state that I have read this Application, that
I have personal knowledge of the facts state&and verify its contents to the best of my knowledge,
information, and belief.
The foregoing instrument was acknowledged before me in the County of Larimer, State of
Colorado, this_day of 201_, by the person whose signature appears above..
My commission expires:
Notary Public
CERTIFICATE OF SERVICE
I hereby certify that on this day of 20_, I served a true and
correct copy of the foregoing APPLICATION FOR APPROVAL OF PLAN FOR
AUGMENTATION FOR INSTREAM FLOW PURPOSES ON THE CACHE LA
POUDRE RIVER by ICCES e-filing addressed to the following:
Division Engineers Division 1 Water Engineer State of Colorado DWR Division 1
State Engineers Colorado Division Of Water State of Colorado- Division of
Resources Water Resources
/s/signature on file
Pursuant to C.R.C.P. 121, §1-26(7)
r