HomeMy WebLinkAboutresolution.council.018-74RECORD OF PROCEEDINGS
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RESOLUTION NO. /~
(Series of 1974)
WHEREAS, the City Council has been advised of
the status of the Twin Lakes Water Diversion litiga-
tion, more specifically, Actions No. W-1869 and
W-1901, in the District Court in and for Water District
No. 5 for the State of Colorado, in which actions the
City is a party protestant and
WHEREAS, the City Council wishes to make of record
its direction given to counsel in said litigation as
to appropriate actions to be taken in resolving the
same,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
1. That the City of Aspen does agree to stipulate
to the dismissal of the above described civil actions,
such stipulation being premised upon certain conditions
hereinafter enumerated.
2. First, that the total trans-basin diversions
out of the tributaries of the Colorado River from which
the Twin Lakes Reservoir and Canal Company ("Twin
Lakes") now derives, and from which Twin Lakes may,
pursuant to conditional decrees now entered or applied
for, at some future date derive its water supply, shall
be voluntarily limited as follows:
(a) to no more than 570,000 acre feet of
water in any period of ten years.
(b) to no more than 68,000 acre feet of
water in any one year.
(c) Computation of diversions by Twin Lakes
shall be made with reference to the
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record of water discharge from the
Independence Pass Transmountain Diversion
System Tunnel No. 1 East Portal, located
in Lake County, Colorado.
(d) Should Twin Lakes construct its con-
ditionally decreed LQst Man Reservoir,
water stored therein shall not be
included in the limitation on diversions
except as the same is delivered via said
Tunnel No. 1.
(e) In determining the allowable diversion
in acre feet by Twin Lakes in a current
year, there shall be subtracted from
570,000the sum of the Twin Lakes
diversions of the previous nine years
(as the same are limited by subparagraph
(b) above) and the remainder shall con-
stitute the permissible total diversion
for the current year, provided, however.
that in no event shall the remainder
exceed the limitation of subparagraph
(b) above.
(f) In determining annual and decennial
total diversions, a year shall commence
October 1 and conclude September 30,
thereby corresponding to "water year"
records compiled by the State Engineer
of Colorado.
All water diverted through said Tunnel No. 1 may be
stored or applied directly to beneficial uses. Twin
Lakes shall have the right to use, reuse, make
successive use of, and make disposition after use of
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the water diverted through said Tunnel No. 1.
Nothing herein shall affect the lawful authority
of the Division Engineer for Water Division No. 3
to administer the water rights the subject of this
stipulation according to priority, or to call for
installation of such measuring devices as may be
appropriate, pursuant to Colorado law. In the
event Twin Lakes, in the ten years immediately
preceding the current water for which calculation
of permissible diversions is being made, shall have
diverted through said Tunnel No. 1 more water than
it is entitled to divert pursuant to this stipulation,
Twin Lakes shall be required to curtail diversions
through said Tunnel No. 1 until a quantity of water
equal to Twin Lakes' overdraft shall have been by-
passed to the Roaring Fork River and/or Lincoln Gulch.
3. Second, that Twin Lakes agree that it will
never initiate any new appropriation of state waters
for incorporation within its existing transmountain
diversion system from any water supply source beyond
or below the present geographic area of diversion
works in the upper Roaring Fork area, to wit, Lost
Man Diversion Dam, Roaring Fork Diversion Dam, Lincoln
Creek Diversion Dam, the New York Collection System,
intermediate collection points, and its present
conditional right to pursue an enlargement of the
Lost Man Diversion, all of which are more specifically
described in the existing decrees.
4. As a further condition of the City's stipu-
lation to dismiss, Twin Lakes shall agree that there
shall be maintained 3,000 acre feet of water as a
minimum flow in the Roaring Fork River, which flow
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shall be released at the Lost Man Diversion Dam,
Roaring Fork Diversion Dam and Lincoln Creek
Diversion Dam as per the recommendations of the
Colorado Division of Wildlife and the United States
Bureau of Sport Fisheries.
· JActing Chairman
I, Lorraine Graves, duly appointed and acting
City Clerk, do hereby certify that the foregoing
Resolution was adopted by the Aspen City Council at
its continued regular meeting held June 12, 1974.
~ne Graves City Clerk