HomeMy WebLinkAboutResolution No. 2019-3BASALT WATER CONSERVANCY DISTRICT
RESOLUTION 2019-3
A RESOLUTION REGARDING APPROPRIATIVE RIGHTS OF EXCHANGE AND A PLAN FOR
AUGMENTATION FOR DISTRICT SERVICE AREA A-5
WHEREAS, the District has identified an area contiguous to its existing Area A, which
encompasses those regions of the District's service area located near the Fryingpan or
Roaring Fork Rivers or on their tributary creeks where the District's water rights and
augmentation supplies can be used to provide a dependable legal supply for diversion by
District contractees by augmentation and exchange, which is denominated as Area A-5
encompassing all areas tributary to the Fryingpan River, Ivanhoe Reservoir, Ivanhoe
Creek, and their tributaries in a stream reach extending from a downstream terminus at
the inlet of Ruedi Reservoir to an upstream terminus located in the headwaters of the
Fryingpan River, Ivanhoe Creek, and their tributaries, as more specifically described in
the Water Resources Engineering Report, Case No. 19CW_ (November 2019) submitted
to the District by the District's engineering consultants, Resource Engineering, Inc.; and
WHEREAS, the District is a party to an Agreement and Intergovernmental Agreement
made in 2018, among, inter alia, the District and the City of Aurora, Colorado acting by
and through its Utilities Enterprise and Busk -Ivanhoe, Inc. ("IGA"), which IGA provides
the District access to storage capacity in Ivanhoe Reservoir located in the headwaters of
Area A-5; and
WHEREAS, the District's engineering consultants have determined and reported to the
District Board that an exchange of water from Ruedi Reservoir in the lowest reach of the
Area A-5 to storage in Ivanhoe Reservoir in the amount contemplated in the IGA, 100 acre
feet annually, would be feasible at a flow rate of up to 50 c.f.s. to implement the District's
storage in Ivanhoe Reservoir under the IGA; and
WHEREAS, storage in Ivanhoe Reservoir by an appropriative exchange of water available
to the District from Ruedi Reservoir pursuant to its existing contracts with United States
Bureau of Reclamation would provide feasible service of existing and prospective District
contractees within Area A-5 for domestic, irrigation, and other purposes for which the
District contracts water pursuant to its statutory authorities and water marketing
program; and
WHEREAS, service within Area A-5 for those purposes with the District's storage supplies
in Ruedi Reservoir and Ivanhoe Reservoir at the indicated amount was determined by
the District's engineering consultants to be feasible for a maximum diversion of 3.0 c.f.s.
by prospective District Area -5 contractees with augmentation of the related depletions.
1
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Basalt Water
Conservancy District:
1. To appropriate a conditional right of exchange from Ruedi Reservoir to Ivanhoe
Reservoir in the amount of maximum 50 c.f.s. and maximum annual volume
exchange to Ivanhoe Reservoir of 100 acre feet, pursuant to, and in full exercise
of, the IGA and subsequent agreements with the owner of Ivanhoe Reservoir;
2. To appropriate conditional rights of exchange for water sourced from Ruedi
Reservoir and Ivanhoe Reservoir to augment a maximum 0.50 c.f.s. of out -of -
priority depletions resulting from diversions within Area A-5 associated with
prospective District contractees' diversions at a cumulative maximum rate of
3.0 c.f.s.;
3. To approve the Water Court adjudication of a plan for augmentation within
Area A-5 with use of the District's Ruedi Reservoir and Ivanhoe Reservoir
supplies for direct or exchange augmentation as described above; and
4. To direct the District's legal counsel and engineering consultants to complete a
Water Court application for filing in 2019 for adjudication of confirmation of
the District's appropriative exchanges described and authorized herein and for
approval of the District plan for augmentation within Area A-5.
BASALT WATER CONSERVANCY DISTRICT
By: D111- &:��
Don Bo er, siden
Attested by:
C,1,4�1
Secretary to the Meeting
