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HomeMy WebLinkAboutresolution.council.159-00 RESOLUTION NO. (Series of 2000) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO WHEREAS, in November, 1991, the City of Aspen commenced construction ora white water course on the Roaring Fork River, for kayaking and other recreational purposes, by diverting and channeling the flow of the Roaring Fork River for a distance of approximately 800 feet to create conditions favorable for kayaking and related water recreational uses; and WHEREAS, since its construction, the City has operated and maintained the white water course in order to provide outdoor kayaking and related recreational opportunities such as rafting and fishing for its citizens and visitors to Aspen; and WHEREAS, the white water course was completed in 1992, was first used on June 12, 1992, and has been regularly used since by kayakers and other recreational users during the months of April through October; and WHEREAS, by virtue of the construction, operation and use of the white water course, the City has appropriated a non-consumptive water right for the purpose of maintaining the flow of water through the white water course; and WHEREAS, the City's water rights consultants have advised that to protect the City's construction investment in the white water course, and to ensure that the purpose and function of the white water course can be maintained in the future, the City should confirm its appropriation by seeking a water court decree for the water right utilized for the white water course, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN as follows: Section One. The City hereby confums that it appropriated water for the white water course on June 12, 1992, by completing construction of the white water course located on the Roaring Fork River (location), which course is designed for, and provides the best and most enjoyable white water experience with a water flow rate of 400 cubic feet per second during the months of April through October, and that the water appropriated was first placed to beneficial use June 12, 1992 when the white water course was first utilized by kayakers for recreational uses as a white water course. Section Two. The Water Director and water counsel are hereby directed to take the necessary actions to file an application in the water court, Water Division No. 5, and to obtain a decree confirming the City's appropriation of 400 els of water from the Roaring Fork River during the months of April through October, with an appropriation date of June 12, 1992, for the non- consumptive recreational purposes ora white water course. RESOLVED, APPROVED AND ADOPTED this ay of ..., 2000. CITY OF ASPEN By: [ '~--~--~-~ ~ ATTESYF::.. City Clerk .J (SEAL) D:\Client Files~.spen\GeneraI~Kayak course resolution.wpd -2-