Attachment A - 2008 Nederland Water Storage Agreement

Attachment A

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WATER STORAGE AGREEMENT Town of Nederland City of Boulder

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This Water Storage Agreement Agreement made this 200 is by and between the City of Boulder a Colorado Municipal Corporation the

City and the Town of Nederland a Colorado Municipal Corporation Nederland RECITALS A The City owns the Barker Meadow Reservoir the Reservoir located in the

S NE a and the P and the z N Section 18 Township 1 South Range 72 West 6 M z Nh z N SE Section 13 Township 1 South Range 73 West 6 M P all in Boulder and Bounty Colorado B Nederland owns various water rights which are part of a Plan for 77 W 485 Plan for Augmentation As pazt Augmentation adjudicated in Case No 8 ofsaid Plan for Augmentation Nederland agreed to make available to the State he Division Engineer s Office Division Engineer for Water Division No t1 Engineer that amount of water which is expected to equal the consumptive use associated with the needs of its service azea through at least the yeaz 2010 The decree in Case No

projected

8 share of the Farmers 77the Decree provides that water attributable to a 5 W8485 Reservoir Ditch Company Farmers may be stored in Bazker the Storable Water 6 acre Annual diversions of the Storable Water are limited to a maximum amount of 39 feet C In order to make replacement water available to the stream system pursuant to its Plan for Augmentation Nederland requires water storage At the time of the adjudication of its Plan for Augmentation Nederland had an agreement with the Public Service Company of Colorado to use storage space in Barker Reservoir for that purpose D

The City has purchased Barker Reservoir from the Public Service Company of

Colorado and tllis Agreement is required in order for Nederland to continue to have its Storable Water stored and released from Bazker Reservoir by the City AGREEMENT NO W THEREFORE in consideration of the premises and of the mutual promises and covenants of the parties hereto it is agreed as follows 1 Use of Reservoir Storage Space 6 acre a The City agrees to allow Nederland to store on an annual basis up to 39 feet of the Storable Water in the Reservoir and to release the Storable Water only during those times when Nederland is making out of priority diversions of the other rights which

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subject to the terms of the Plan of Augmentation The Storable Water

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shall be

8 share of Farmers available to Nederland under its Plan for derived only from the 5

Augmentation Water stored by Nederland in prior yeazs shall be allowed to be carried stored by over into succeeding years but at no time shall the total amount of water 6 acre feet Nederland shall comply with all terms Nederland in the Reservoir exceed 39 77 and conditions of the Decree in Case No W8485 b The Decree requires Nederland in 2010 or sooner to submit a petition for review of the Plan for Augmentation Based on that petition if any modifications are made to the Decree that result in a need for additional sources of water to be stored for augmentation with the City and purposes that additional storage water shall require a new agreement the City makes no representations concerning the availability of such additional storage at this time Should any modifications of the Decree result in a requirement that Nederland 6 acre shall store amounts less than the 39 feet then this agreement shall be modified to reflect said decrease

2 Releases

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6 acre feet of the As consideration for the right to annually store up to 39

Storable Water Nederland agrees that releases from the Reservoir ofits augmentation City water water shall be made according to the normal operational procedures of the s

system in a mazmer which does not interfere with those operations

The City will use its

Nederland requirements under the terms of its best efforts to satisfy this Agreement and s Plan for given the operational difficulties associated with the location and

Augmentation

City water system diversity of the s b The City acknowledges the importance of the storage and release of water from Barker Reservoir to s Nederland ability to provide water to its residents and the City shall release water when requested by Nederland but only when it does not interfere with Nederland Plan and when the administration of s the s City operation of its water

system

Any exchanges of water that the City engages in for the management of its water system shall be satisfied prior to satisfying any request for water releases by Nederland for Augmentation by the Division Engineer requires said release

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The City shall have full rights to substitute and exchange for the Storable Water

and the City may satisfy the water delivery obligations of this Agreement with any water Boulder that is available to the City subject only to the terms and conditions of s W 4The point of delivery of the Storable 852 exchange right decreed in Case No 7 Water shall be at the sole discretion of the City so long as it satisfies the requirements of Nederland Plan for Augmentation the Division Engineer and s d Nederland acknowledges that there may be times when it is not operationally feasible to release the Storable Water from the Reservoir or elsewhere within the City s

However whenever possible and to the extent that the efficient operation of its facilities would not be adversely affected the City agrees to coordinate any releases of the Storable Water with requests by Nederland or the Division Engineer water system

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that Nederland is required to make delivery of any portion of the

e In the event

Storable Water at a location other than at a point of delivery available to the City the City shall not be obligated to deliver the Storable Water requested

Any exchanges of water under owned City water rights that the City engages in for the management of its water system shall be satisfied prior to satisfying any request for water releases by Nederland g Nederland shall request water releases by giving notice to both of the following at least 24 hours prior to the desired time of delivery

Craig Skeie Water Resources Facilities Manager 35465 Highway 72

Nederland CO

80466

3446 258 303 skeiecna gov bouldercolorado Jim Creek Water Source Manager 156 Shady Hollow

Nederland CO

80466

3259 258 303

creek @bouldercolorado gov Augmentation Nederland shall first satisfy its augmentation obligations pursuant to the Plan of Augmentation with the water sources available to Nederland under Paragraph 3

7 of the Decree and with any portion of the Storable Water that is available on a direct

flow basis at the time that the augmentation obligation is to be satisfied Nederland may then request release of the Storable Water in the Reservoir Nederland agrees that it shall 8 of a share of Farmers water Should Nederland continue to own a minimum of 5 8 of a share thereby decrease its ownership of Farmers water below the level of 5

decreasing the amount of Farmers direct flow water available to Nederland then this agreement may be unilaterally terminated by the City 4

Right of First Refusal Nederland grants to the City a right offirst refusal of any lease or otherwise alienate during the term of this Agreement Farmers water that it chooses to sell

5 Previous Agreements The parties agree that City assumes no obligations pursuant to the Water Storage Agreement dated July 9 1979 between Public Service Company of Colorado and Nederland 6 Termination This Water Storage Agreement shall terminate on April

1 2026

Binding Effect This Agreement shall inure to the benefit of and be binding upon the Parties and their respective legal representatives successors and assigns 7

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of the Parties or their

Assignment This Ageement or a signed written ageement without the prior approval in successors in title shall not be assigned by either Party forth in this writing of both Parties Any assignees or successors to the rights set 8

Ageement shall be liable and bound under all of the provisions of same

extent

as

this instrument to the

the Parties

This Ageement represents the complete ageement of the Parties and no oral modification shall be recognized Any amendments additions or any other 9 Entire Agreement

notices shall be in writing by the Parties and sent to the following addresses or at such other addresses as maybe specified in writing by the party to whom notice is to be given Utilities City of Boulder Public Works Ellinghouse

Water Resources Coordinator Carol Box 791

Boulder Colorado 80306

City of Boulder Office of the City Attorney City Attorney Box 791 Boulder Colorado 80306 Town of Nederland Town Administrator P Box 396 O

Nederland CO 80466 Vranesh and Raisch LLP Attn Paul J Zilis Esq P Box 871 O

Boulder CO 80306 11 Remedies This Ageement maybe enforced by specific performance including s fees to the mandatory injunctive relief and damages together with reasonable attorney

prevailing party except that any action which requires the expenditure of funds shall be subject to city council appropriation of both Nederland and the City CI

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By Shaun Mc 1777 Broad

Boulder CO

Telephone Fax

Mayor ay 80302 3090 303 441 441 303 4478

K er Wa AWR o S rnge Agreement Final lyj doc

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Attest

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City Clerk on behalf of the Director of Finance and Recor

Approved as to form

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Jerry y Gordo Acting City Attorney V

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OF NEDERLAND

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STATE OF COLORADO ss

County of Boulder Subscribed under oath before me on this J

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Mayor and

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Clerk of the Town of

My commission expires

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yyE JOYCE BARON TBROOK

NOTARYPUBUC STATE OF COLORADO

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