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IGA; City of Lafayette; Gross Reservoir water storage INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAFAYETTE AND THE CITY OF BOULDER REGARDING THE OPERATION OF THE ENVIRONMENTAL POOL IN GROSS RESERVOIR This Intergovernmental Agreement (IGA) is made and entered into this _LTtv~, day of 5Fg&~rj c~r 2010, between the City of Lafayette, a Colorado home rule municipality, acting d through its Water Fund Enterprise ("Lafayette"), and the City of Boulder, a Colorado home rule municipality ("Boulder"). Each entity may be referred to as a "Party" or collectively as the "Parties." WHEREAS the Parties are authorized to enter into this IGA pursuant to C.R.S. Section 29-1-201, et. seq.; and WHEREAS, on 2010, the Parties entered into a separate Intergovernmental Agreement with the City and County of Denver, acting by and through its Board of Water Commissioners ("Denver"), regarding the creation and use of an Environmental Pool in Gross Reservoir, ("Gross Reservoir IGA"); and WHEREAS, the purpose of the Gross Reservoir IGA is to allow the Parties to store portions of their municipal water supplies in Gross Reservoir so that the water can be released to South Boulder Creek to maintain minimum levels of flow in selected stream reaches before the water is diverted for one or more beneficial uses by the Party responsible for the release; and WHEREAS, the Environmental Pool in Gross Reservoir ("Environmental Pool"), will have a capacity of 5,000 acre-feet ("AF"); and WHEREAS, the purpose of this IGA is to clarify between Lafayette and Boulder the details associated with the operation of the Environmental Pool and the maintenance of minimum flows in South Boulder Creek; NOW THEREFORE, in consideration of the mutual covenants and commitments made herein, the Parties agree as follows: 1. Priority for Storing Water in Environmental Pool and Ownership of Water. The Parties agree that Lafayette is better able to store water in the Environmental Pool and fulfill the objectives of the Gross Reservoir IGA. Therefore, whenever there is insufficient flow in South Boulder Creek to accommodate the rate at which Lafayette desires to store water in the Environmental Pool and the rate that Boulder desires to store water in the Environmental Pool, Lafayette shall have priority. All water that Lafayette stores in the Environmental Pool shall remain the property of Lafayette and all water that Boulder stores in the Environmental Pool shall remain the property of Boulder. Neither Party shall divert water that has been released by the other Party to meet the instream flow targets provided in Paragraph 4, below ("Targeted Flows"), except as provided in Paragraph 10, below. Neither Party shall divert water into the Environmental Pool in such a manner as to reduce flows in South Boulder Creek below the Targeted Flows or the Colorado Water Conservation Board instream flow water rights decreed in Case No. 80CW379, whichever is greater. 2. Cooperation on New Exchanges, Changes of Water Rights and Appropriation of a Junior Storage Right. In order to ensure that there will be sufficient water supplies to fill the Environmental Pool to the greatest extent possible, the Parties anticipate seeking decrees from the District Court for Water Division 1 ("Water Court") for new exchanges, changes of water rights and/or a junior storage right. Boulder shall be responsible for processing any application that involves its water rights and Lafayette shall be responsible for processing any application that involves its water rights. The Parties agree to jointly file a new storage right application with the Water Court so that water can be stored in the Environmental Pool for their mutual benefit whenever a junior water right is in priority on South Boulder Creek. The water stored in the Environmental Pool under the new storage right shall be available for municipal and other uses by the Parties subject to the terms of this IGA. 3. South Boulder Creek Measuring Devices. Pursuant to Section II, Paragraph 2 of the Gross Reservoir IGA, the Parties agree to install measuring devices that accurately measure the flow of water ("Measuring Devices") at the locations set forth below ("Measuring Points") in order to determine whether the Targeted Flows are being met in the Upper Segment and the Lower Segment. The Parties agree that the location of the Measuring Points and the timing of their monitoring shall be as follows: a. Past the Community Ditch diversion dam during October through April, inclusive ("the Winter Season"); b. Immediately upstream of South Boulder Road at all times; C. Past the Dry Creek Carrier diversion dam at all times; d. At the East Boulder Ditch bypass during May through September, inclusive ("the Summer Season"); and e. Past the LeggettNalmont Reservoir diversion dam at all times. Each Measuring Device shall be equipped with electronics that allow flow readings to be transmitted to the Parties at offsite locations on at least a periodic basis each day the Measuring Device is in use. The Parties agree to work together on the design, installation, rating, maintenance and periodic recalibration of the Measuring Devices and the necessary electronic equipment. The costs to install, rate, maintain and recalibrate the Measuring Devices shall be separately determined from the cost to construct any needed bypass facilities and shall be split equally between the Parties. 4. Responsibility for Meeting South Boulder Creek Targeted Flows and Assignment of Space in the Environmental Pool. The Gross Reservoir IGA sets forth 2 Targeted Flows for South Boulder Creek between Gross Reservoir and the confluence of South Boulder Creek and Boulder Creek by segment and by season, as follows: Stream Average Dry Year Average Dry Year Segment Year Flow Flow Year Flow Flow May - May - Oct. - April Oct - April Sept. Sept. Gross Reservoir to 10 c.f.s. 7 c.f.s. 7 c.f.s. 5 c.f.s. South Boulder Road "Upper Segment" South Boulder Road to 4 c.f.s. 2 c.f.s. 2.5 c.f.s. 1.5 c.f.s. Confluence with Boulder Creek "Lower Segment" The Parties agree that Lafayette will be primarily responsible for measuring the flow of South Boulder Creek using the Measuring Devices and for maintaining the Targeted Flows at the Measuring Points specified in Paragraph 3 during the Winter Season. Lafayette will require 3,000 AF of storage capacity in the Environmental Pool in order to meet the Winter Season Targeted Flows. Therefore, Lafayette shall have the right to store 3,000 AF of water in the Environmental Pool ("Lafayette's Reserved Space"). Two thousand AF of storage capacity in the Environmental Pool (`Boulder's Reserved Space") is needed to meet the Summer Season Targeted Flows. Boulder will be primarily responsible for measuring the flow of South Boulder Creek using the Measuring Devices and for maintaining the Targeted Flows at the Measuring Points specified in Paragraph 3 during the Summer Season, except for those years that Lafayette is able to fill Lafayette's Reserved Space and to store water in Boulder's Reserved Space, as described below. To the extent consistent with its then-existing water obligations, Lafayette agrees to fill Lafayette's Reserved Space and to store as much water in Boulder's Reserved Space as possible each year. This commitment is intended to reduce the volume of water that Boulder will need to commit under the Gross Reservoir IGA. During those years that Lafayette is able to fill Lafayette's Reserved Space and to store water in Boulder's Reserved Space prior to August 1, the following conditions shall apply: (a) The Parties shall jointly determine the volume of water Lafayette has stored in Boulder's Reserved Space ("Lafayette's Excess Water") and the volume of water Boulder has stored in Boulder's Reserved Space ("Boulder's Water"). (b) During any year that Lafayette has been able to store water in Boulder's Reserved Space, Lafayette shall assume primary responsibility for maintaining the 3 Targeted Flows during the months of August and September if there is a sufficient volume of Lafayette's Excess Water to meet the Targeted Flows. (c) To the extent there is an insufficient volume of Boulder's Water in Boulder's Reserved Space to meet the Targeted Flows during May, June and July of the following year, Lafayette's Excess Water from prior years will be used to satisfy the Targeted Flows during those months. (d) In the event not all of Lafayette's Excess Water is needed to meet Targeted Flows during the Summer Season as described above, the Excess Water shall be available for the same uses in subsequent years until depleted. (e) The Parties recognize that Lafayette's Excess Water and Boulder's Water will be subject to evaporation losses that will reduce the volume of such water in the Environmental Pool over time. Boulder shall have the option of releasing up to 200 AF of Boulder's Water from the Environmental Pool during the Winter Season if Boulder determines that such a release of water is needed for its augmentation water obligations; provided, however, that if Boulder exercises this option, Lafayette shall have the option of releasing an equivalent volume of water that Boulder would otherwise release from the Environmental Pool during the immediately following months of August and September. To the extent that Lafayette is unable to fill Lafayette's Reserved Space, Boulder shall have the option of storing water in Lafayette's Reserved Space; provided, however, that if Lafayette makes a good faith determination that the portion of Lafayette's reserved space occupied by Boulder's Water is needed by Lafayette, Boulder's Water shall be released from the Environmental Pool at the same rate that Lafayette's water is then being stored in the Environmental Pool. Should Boulder be required to release water from the Environmental Pool to accommodate Lafayette pursuant to this Paragraph, the water so released by Boulder shall be available for diversion and use by Boulder at downstream points, subject only to the assessment of transit losses by the State water administration officials. Any water that is stored in the Environmental Pool under the junior storage right referenced in Paragraph 2, above, shall be split equally between the Parties, unless and until Lafayette has filled Lafayette's Reserved Space or Boulder has filled Boulder's Reserved Space. Thereafter, the Party whose Reserved Space is not filled shall be entitled to any additional amount of junior storage right water available for diversion. By agreeing to the distribution of responsibility outlined herein, neither Lafayette nor Boulder is guaranteeing that the Targeted Flows will always be met. 5. Criteria for Making Dry Year Determination. For the purposes of Paragraph 3, above, "Dry Year" means the 12-month period following the June 1 issuance of the Natural Resources Conservation Service's Colorado Basin Supply 4 Outlook Report that shows the "most probable" forecast (50% chance of exceedance) for South Boulder Creek near Eldorado Springs is less than 70%. During Dry Years, the Targeted Flows set forth in the Gross Reservoir IGA are reduced. However, during Dry Years, the Parties may, by mutual agreement, elect to meet the average year Targeted Flows if they so choose. 6. Responsibility for Maintaining the Targeted Flows. a. During each day that Lafayette is responsible for maintaining the Targeted Flows, Lafayette shall determine which Measuring Point in the Lower Segment and which Measuring Point in the Upper Segment has the lowest flow of water ("Critical Low Flow Locations"). Lafayette shall make appropriate adjustments in its release of water from the Environmental Pool with the goal of meeting, but not exceeding, the Targeted Flow at each Critical Low Flow Location. Within reasonable operational limitations, Lafayette's releases shall not result in stream flows in excess of the Targeted Flows at the Critical Low Flow Locations. During each day that Boulder is responsible for maintaining the Targeted Flows, Boulder shall determine the Critical Low Flow Location for the Upper Segment and for the Lower Segment. Boulder shall make appropriate adjustments in its release of water from the Environmental Pool with the goal of meeting, but not exceeding, the Targeted Flow at the Critical Low Flow Locations. Within reasonable operational limitations, Boulder's releases shall not result in stream flows in excess of Targeted Flows at the Critical Low Flow Locations. b. The Party responsible for maintaining the Targeted Flows on a given day shall also be responsible for maintaining a written record of the flow readings at the specified Measuring Points for that day. Absent extraordinary circumstances, neither Party shall question or object to the actions ofthe other Party in this regard. It is understood that it will not be possible to maintain the Targeted Flows with precision, and that a diurnal fluctuation in South Boulder Creek flows is likely to occur. The water accounting to be utilized by the Parties is set forth in Exhibit A, attached and incorporated herein by reference. c. If, during the Winter Season, Lafayette has released all of its water from the Environmental Pool and the Targeted Flows are not being met, Boulder shall take all reasonable steps to meet the Targeted Flows using the water Boulder has stored in the Environmental Pool. If, during the Summer Season, Boulder has released all of its water from the Environmental Pool and the Targeted Flows are not being met and all of Lafayette's Excess Water has been used, Lafayette shall take all reasonable steps to meet the Targeted Flows using water Lafayette then has stored in Lafayette's Reserved Space; provided, however, that Lafayette shall not be obligated to release water from Lafayette's Reserved Space during the months of May, June and July unless the water so released by Lafayette can be diverted and used by Lafayette at downstream points. 5 7. Protection against Excessive Stream Losses. The program outlined in the Gross Reservoir IGA and this IGA has been agreed upon by the Parties with the expectation that each Party's water stored in the Environmental Pool will be available for that Party's beneficial use once the water has passed through the Upper Segment and/or the Lower Segment. To the extent that there are excessive stream losses, a Party will be unable to fully utilize its water supplies and one of the key objectives of the program will not be met. The Parties agree to work together to take all reasonable steps to ensure that water released from the Environmental Pool reaches its downstream delivery point with losses that never exceed an average of one-quarter percent per stream mile. To the extent that stream losses exceed that figure in either the Upper Segment or the Lower Segment, each Party reserves the right to suspend delivery of water to that stream -segment until the reason for the excessive losses is determined and such excessive losses are eliminated. 8. Coordination on Operation of the Environmental Pool. Each Party shall designate and maintain at all times at least one contact person who is familiar with the water rights of the Party, the Gross Reservoir IGA, this IGA and the specifics of the operation of the Environmental Pool, ("Contact Persons"). The Parties shall schedule a meeting that will take place prior to April 1 of each year ("Spring Meeting") to discuss the anticipated operation of the Environmental Pool for the following twelve months and related issues such as stream losses and accounting. At the Spring Meeting, the Parties shall confirm the volume of water then in the Environmental Pool, discuss releases from the Environmental Pool projected to be needed over the next twelve months to meet the Targeted Flows, discuss the volume of water that each Party proposes to store in the Environmental Pool in each of the next twelve months, as well as the rate at which water is projected to be stored and the sources of water to be stored. The Contact Persons shall be responsible for communicating with each other on a regular basis regarding all aspects of the Environmental Pool. This shall include all changes to the projections made at the Spring Meeting, as well as the actual storage of water in and release of water from the Environmental Pool at the direction of either Party. 9. Responsibility for Modification to Diversion Structures. As described in Section II, Paragraph 1 of the Gross Reservoir IGA, the Parties anticipate the need to modify diversion structures on South Boulder Creek to allow water released from the Environmental Pool to reach the confluence of South Boulder Creek and Boulder Creek. The diversion structures to be modified include, but are not necessarily limited to, the Community Ditch diversion dam, the New Dry Creek Carrier diversion dam, the LeggettNalmont Reservoir diversion dam, and the Butte Mill South Boulder Creek diversion dam. Preliminary cost and scope estimates to modify the subject structures are described in Exhibit B, attached and incorporated herein by reference. Lafayette shall be primarily responsible for obtaining necessary approvals to modify the Community Ditch diversion dam to allow bypass flows. Boulder shall be primarily responsible for obtaining necessary approvals to modify the LeggettNalmont Reservoir and New Dry Creek Carrier diversion darns to allow bypass flows. The primary responsibility for obtaining approval to modify the other structures shall be resolved on a case-by-case basis after further information is obtained. The Parties agree to share equally the capital construction costs for the Measuring Devices referenced in Paragraph 3 and the 6 modifications to Diversion Structures, up to a maximum of $200,000.00 for each Party. The Parties further agree to share equally, any non-capital construction costs that may be incurred in modifying the Community Ditch diversion dam; provided, however, that the Parties are in agreement on the action taken. The Parties shall work together to ensure that the capital construction projects are completed in the most advantageous and cost effective manner for each Party; specifically including, but not limited to the hiring of contractors. 10. Bypass Requirement Set Forth in 2001 IGA. On June 19, 2001, the Parties entered into an intergovernmental agreement ("2001 IGA") involving, among other matters, Lafayette's diversion of water from Boulder Creek at a new point of diversion near 75th Street ("75th Street Diversion"). Paragraph 5 of the 2001 IGA contains the following language: Diversions during the October 1 through April 30 period shall be limited to the extent necessary to allow at least 3.0 cubic feet per second of water to pass Lafayette's new point of diversion, and diversions during the May 1 through September 30 period shall be limited to the extent necessary to allow at least 10 cubic feet per second of water to pass Lafayette's new point of diversion, all measured as the average flow passing Lafayette's new point of diversion each day over the same number of hours Lafayette makes diversions that day; provided, however, that this limitation shall not apply during times of emergency conditions involving loss of water to Lafayette's municipal system as a result of catastrophic events (such as failure of conveyance, storage or treatment facilities), or lack of physical supply, when Lafayette has no other sources of water available to meet, and requires water from Boulder Creek to meet, the in-building requirements of its municipal customers. The Parties agree it is not the intent of the Gross Reservoir IGA or this IGA that Lafayette lose water it stores in the Environmental Pool because of the above referenced provision. The Parties also agree that it is not the intent of the Gross Reservoir IGA or this IGA to modify the 2001 IGA. If, during times when Lafayette is releasing water from the Environmental Pool to meet the Targeted Flows for the Lower Segment, the flow of water in Boulder Creek at the current location of the 75`h Street gage is less than 15 cfs in the Summer Season or less than 6 cfs in the Winter Season, the Parties agree to the following program of operation: a. The Parties shall determine the daily volume of water released from the Environmental Pool that arrives at Lafayette's 751, Street Diversion. The Parties shall also determine the daily volume of Lafayette's water released from the Environmental Pool that Lafayette is precluded from diverting at its 75th Street 7 Diversion because of the requirements of paragraph 5 of the 2001 IGA (the "Environmental Pool Bypass Water"). Such determinations shall be made as set forth in Exhibit A. b. Provided that Boulder has at least 25 AF of water that is legally available for use by Lafayette ("Qualifying Water") stored in the Environmental Pool, Lafayette shall continue to release water from the Environmental Pool to meet Targeted Flows for the Lower Segment and Lafayette shall bypass and not divert the Environmental Pool Bypass Water at the 75`h Street Diversion, subject to the limitations set forth in subparagraphs (e) and (g) below. Boulder shall book over the daily amount of the Environmental Pool Bypass Water, using Qualifying Water in Boulder's Environmental Pool account, to Lafayette's Environmental Pool account to compensate for Lafayette's loss of the Environmental Pool Bypass Water. The daily amount of the Environmental Pool Bypass Water shall be considered to have been released from Boulder's Reserved Space and shall be divertible by Boulder downstream of the 751h Street Diversion, subject to any transit losses. Lafayette shall have the option of releasing Qualifying Water transferred to Lafayette's Environmental Pool account from Boulder's Environmental Pool account during any month when Boulder would otherwise be releasing water from the Environmental Pool. c. If Boulder has less than 25 AF of Qualifying Water stored in the Environmental Pool, Boulder may choose to compensate Lafayette for the Environmental Pool Bypass Water with Qualifying Water from other sources that are physically deliverable to Lafayette's 75th Street Diversion or Lafayette's diversion at the Dry Creek Cartier near South Boulder Road in an amount up to 50 AF ("Other Compensation Water"). For 72 hours after the day when Qualifying Water stored in the Environmental Pool becomes less than 25 AF, Lafayette shall continue to release water from the Environmental Pool in an amount up to the volume of Qualifying Water remaining in the Environmental Pool to meet Targeted Flows for the Lower Segment and Lafayette shall bypass and not divert the Environmental Pool Bypass Water at the 75`h Street Diversion, subject to the limitations set forth in subparagraphs (e) and (g) below. Boulder's shall transfer water from Boulder's Environmental Pool account to Lafayette's Environmental Pool account in an amount equal to the volume of Environmental Pool Bypass Water incurred during the 72-hour notice period. Within 72 hours of the day when Qualifying Water stored in the Environmental Pool becomes less than 25 AF, Boulder shall give notice to Lafayette that Boulder has elected to provide Other Compensation Water, the amount of Other Compensation Water elected by Boulder not to exceed 50 AF and the possible sources. If Boulder has given such notice, Lafayette shall continue to release water from the Environmental Pool to meet Targeted Flows for the Lower Segment and shall bypass and not divert the Environmental Pool Bypass Water at the 75°i Street Diversion, up to the volume of Other Compensation Water elected by Boulder, subject to the limitations set forth in subparagraph (e) and (g) below. Boulder shall reflect in its records a credit to 8 Lafayette for the daily amount of Environmental Pool Bypass Water to be delivered to Lafayette from Other Compensation Water. d. The daily amount of Environmental Pool Bypass Water to be delivered to Lafayette from Other Compensation Water shall be delivered to Lafayette at such times as mutually agreed upon between the Parties, subject to the following limitations. Deliveries shall be made as soon as possible after the date on which Boulder incurs the obligation to deliver such Other Compensation Water to Lafayette and at times when Lafayette has a need for water that is not being met by Lafayette's direct flow rights. In scheduling such deliveries, consideration shall be given to accommodating limitations on delivery of Boulder's Other Compensation Water, such as limitations on deliveries through facilities managed by others including the Northern Colorado Water Conservancy District, or limitations on availability of Other Compensation Water. Deliveries to compensate Lafayette for loss of Environmental Pool Bypass Water during the Winter Season or during May through September of the Summer Season (Non- October Losses) shall occur prior to the next October 31 If the Other Compensation Water for Non-October Losses is made available for Lafayette's use by Boulder but Lafayette does not request that delivery of the water be made on a date prior to the next Oct 31, Boulder's obligation to provide such Other Compensation water for Non-October Losses shall terminate. Deliveries to compensate Lafayette for loss of Environmental Pool Bypass Water during October (October Losses) shall occur prior to April 30 of the following year. If the Other Compensation Water for October Losses is made available for Lafayette's use by Boulder but Lafayette does not request that delivery of the water be made on a date prior to the next April 30, Boulder's obligation to provide Other Compensation Water for October Losses shall terminate. e. If the delivery of Environmental Pool water to the Lower Segment by Lafayette has resulted in the volume of the Environmental Pool Bypass Water exceeding 50AF in any twelve month period beginning on October I and ending on September 30 of the following year, Lafayette shall have the option of discontinuing the delivery of the water it has stored in the Environmental Pool to the Lower Segment, for the remainder of that October 1 through September 30 period. f. If Boulder has 25 AF or less of Qualifying Water stored in the Environmental Pool and chooses not to provide Other Compensation Water, and if Lafayette is precluded from diverting its Environmental Pool released water at its 75th Street Diversion because of the requirements of paragraph 5 of the 2001 IGA, Lafayette may also elect to suspend the delivery of water to the Lower Segment until such time as Boulder chooses to provide Other Compensation Water. g. Under either condition set forth in subparagraphs (e) and (f) above, if Lafayette determines there is a need for water it has previously stored in the Environmental Pool, Lafayette shall have the right to release from the Environmental Pool and divert from South Boulder Creek at Lafayette's point of diversion near South Boulder Road, water that Lafayette would otherwise be obligated to deliver to the Lower Segment pursuant to this IGA or the Gross Reservoir IGA. Such releases 9 will be made in coordination with Boulder in an effort to achieve the maximum environmental benefit for the Upper Segment. 11. Control over Gross Reservoir IGA. In the event there are conflicts, differences or inconsistencies between the Gross Reservoir IGA and this IGA, the terms and conditions of this IGA shall control provided, however, that the Operating Principles under section III (A) of the Gross Reservoir IGA shall remain in full force and effect. 12. Governing Law. Colorado law shall govern the administration of this IGA. Venue for purposes of any dispute shall be in the Boulder County District Court. 13. Assignability. The rights, benefits and obligations set forth herein shall not be assignable by either Party unless the written consent of the other Party is first obtained. 14. No Rights Granted to Third Parties. Nothing contained in this IGA is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. Any third party receiving a benefit from this IGA is an incidental and unintended beneficiary only. 15. Captions. The captions used in this document are for convenience only and have no other significance. The captions do not modify the substance of the IGA. 16. Notices. Any notice or communication to either Party under this IGA shall be effective only if it is in writing and either delivered personally or mailed or emailed to the following addresses, or at such other address as has been previously furnished in writing, to the other: If to Boulder: City Manager, City of Boulder City Attorney, City of Boulder P.O. Box 791 P.O. Box 791 Boulder CO 80306 Boulder CO 80306 City of Boulder City of Boulder Open Space and Mountain Parks Director of Public Works/Utilities Attn: Water Resources Administrator Attn: Water Resources Coordinator P.O. Box 791 P.O. Box 791, Boulder CO 80306 Boulder CO 80306 If to Lafayette: City of Lafayette Attn: City Administrator 1290 South Public Road Lafayette, CO 80026 10 17. Non-severability. If any provision of this IGA is determined by a court of competent jurisdiction to be unlawful, invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this IGA shall continue in full force and effect. In the event that this IGA is terminated pursuant to this Paragraph, the Parties agree to use their best efforts to immediately modify the IGA or otherwise remedy the problem that led to the court determination. 18. Entire Agreement. This IGA and the Gross Reservoir IGA constitute the entire agreement between the Parties concerning the subject matter of those Agreements and supersede any and all prior agreements, understandings and representations, written and oral, between the Parties concerning the subject matter contained therein. 19. Termination. If the Gross Reservoir IGA is terminated, or either Party exercises its right to withdraw from participation in the Gross Reservoir IGA, this IGA shall automatically terminate and the Parties shall be relieved of all obligations contained in this IGA. CITY OF BOULDER, COLORADO B c Jane Brautigam, City Managers - Attest: City Clerk on behalf of the Director of Finance and Rec d Approved as to form: ity Attorney CITY OF LAFAYETTE ACTING BY AND THROUGH ITS WATER FUND ENTERPRISE By: Chairperson 11 A ve s to Form: Water A omey 12 Exhibit A page 1 Proposed Delivery Accounting for Environmental Pool Release Water (Winter season Example) (1) Environmental Pool Release 5.00 cfs based upon order to Denver (must order in 0.5 cfs increments) (2) Measured flow at Gross Outlet 48.00 cfs measured flow (3) EP Release Water at Gross Outlet 5.00 ds minimum of (1) and (2) (4) transit loss - Gross Outlet to Eldorado gage 0.08 cfs (3) x loss factor x Gross-to-Eldo stream distance (5) Flaw at Eldorado gage 16.40 cfs measured flow, includes water diverted by others) (6) EP Release Water at Eldorado Gage 4.92 cfs (3) minus (4); but not more than (5) (7) transit loss- Eldorado gage to Community Ditch 0.01 cfs (6) x loss factor x Eldo-to-Comm unity stream distance (8) Flow below Community Ditch 7.00 cfs measured flow (9) EP Release Water below Community Ditch 4.91 cfs (6) minus 17); but not more than (8) (10) transit lass - Community Ditch to S. Boulder Road 0.07 cfs (9) x loss factor x Community-S8 Road stream distance (11) Flow above S. Boulder Road 7.40 cfs measured flow tin this example, reflects an assumed stream gain between Community and SB Road) (12) EP Release Water at S. Boulder Road 4.83 cfs 191 minus (10); but not more than (11) (13) EP Release Water diverted at S. Boulder Road 2.32 cfs measured and accounted for at Lafayette's inlet (14) Flow below Dry Creek Carrier 2.53 cis measured flow (15) EP Release Water below Dry Creek Carrier 2.51 cfs (12) minus (13); but not more than (14) (16) transit loss - S. Boulder Road to East Boulder Ditch 0.01 cfs 115) x loss factor x SB Road - East Boulder stream distance (17) Flow below East Boulder Ditch 2.60 cfs measured flow (measurement not normally required during non-irrigation season) 118) EP Release Water below East Boulder Ditch 2.51 cfs (15) minus (16); but not more than (17) (19) transit loss - East Boulder Ditch to Valmont Inlet 0.01 cfs (18) x loss factor x East Boulder - Valmont Inlet stream distance (20) Flow below Valmont Inlet 2.80 cfs measured flow (21) EP Release Water below Valmont Inlet 2.50 cfs (18) minus (19); but not more than (20) (22) transit loss- Valmont Inlet to 75th Street 0.03 cfs (21) x loss factor x Valmont Inlet- 75th Street stream distance (23) Flow at 75th Street gage 7.50 cfs measured flow (24) EP Release Water at 75th Street 2.47 cfs (21) minus (22); but not more than (23) (25) 75th Street Flow Originating from Boulder Creek 5.03 cfs (23) minus (24) (26) Flow Divertible at 75th Street Under 2001 IGA 2.03 cfs (25) minus 3 cfs (27) 75th St. water diverted under Lafayette's other rights 0.00 cfs measured and accounted for at Lafayette's 75th Street inlet (28) EP Release Water divertible at 75th Street 2.03 cfs the minimum of 124) and ((26) minus 127)) (29) EP Release Water diverted at 75th Street 2.03 cfs limited by (28) (39) EP Release Water flowing past 75th Street 0.44 cfs (24) minus (29) "Etivirm m intal P601 Bypass Water" (31) transit loss - 75th Street to Howell Ditch 0.01 cfs (30) x loss factor x 75th Street-to-Howell Ditch stream distance (32) EP Release Water at Howell Ditch 0.43 cis (30) minus (31) Percent of Environmental Pool Release Re-diverted 96% assumed %per mile transit loss 0.25% Stream Distances: (rough estimates for now) miles Gross Reservoir Outlet to Eldorado Springs gage 6.7 Eldorado Springs gage to Community Ditch 0.9 Community Ditch to South Boulder Road 6.0 South Boulder Road to East Boulder Ditch 0.9 East Boulder Ditch to Valmont Inlet 1.5 Valmont Inlet to SBC/BC confluence 1.4 SBC/BC confluence to 75th Street 2.9 75th Street to Howell Ditch 6.5 Exhibit A page 2 Proposed Delivery Accounting for Environmental Pool Release Water (Summer Season Example) (1) Environmental Pool Release 4.50 cfs based upon order to Denver (must order in 0.5 cfs increments) (2) Measured flow at Gross Outlet 132.00 cis measured flow (3) EP Release Water at Gross Outlet 4.50 cfs minimum of (1) and (2) (4) transit loss- Gross Outlet to Eldorado gage 0.07 cfs (3) x loss factor x Gross-Eldo stream distance (5) Flow at Eldorado gage 88.00 cfs measured flow, includes water diverted by others) (6) EP Release Water at Eldorado Gage 4.43 cis (3) minus (4); but not more than (5) (7) transit loss- Eldorado gage to Community Ditch 0.01 cfs (6) x loss factor x Eldo-Community stream distance (8) Flow below Community Ditch 76.00 cis measured flow (measurement not normally required during irrigation season) (9) EP Release Water below Community Ditch 4.41 cis 16) minus (7); but not more than (8) (10) transit loss - Community Ditch to S. Boulder Road 0.07 cis (9) x loss factor x Community-SB Road stream distance (11) Flow above S. Boulder Road 27.00 cfs measured flow (12) EP Release Water at S. Boulder Road 4.35 cis (9) minus (10); but not more than (11) (13) EP Release Water diverted at S. Boulder Road 0.00 cfs measured and accounted for at Lafayette's inlet (14) Flow below Dry Creek Carrier 14.00 cfs measured flow (15) EP Release Water below Dry Creek Carrier 4.35 cis (12) minus (13); but not more than (14) (16) transit loss - S. Boulder Road to East Boulder Ditch 0.01 cis (15) x loss factor x SB Road - East Boulder stream distance (17) Flow below East Boulder Ditch 6.00 cfs measured flow (18) EP Release Water below East Boulder Ditch 4.34 cfs (15) minus (16); but not more than (17) (19) transit loss - East Boulder Ditch to Valmont Inlet 0.02 cis (18) x loss factor x East Boulder - Valmont inlet stream distance (20) Flow below Valmont Inlet 4.60 cis measured flow (21) EP Release Water below Valmont Inlet 4.32 cfs (18) minus (19); but not more than (20) (22) transit loss -Valmont Inlet to 75th Street 0.05 cis (21) x loss factor x Valmont Inlet - 75th Street stream distance (23) Flow at 75th Street gage 20.00 cis measured flow (24) EP Release Water at 75th Street 4.28 cis (21) minus (22); but not more than (23) (25) 75th Street Flow Originating from Boulder Creek 15.72 cfs (23) minus (24) (26) Flow Divertible at 75th Street Under 2001 IGA 5.72 cis (25) minus 10 cfs (25) 75th St. water diverted under Lafayette's other rights 2.00 cis measured and accounted for at Lafayette's 75th Street inlet (26) EP Release Water dwertible at 75th Street 3.72 cfs the minimum of (24) and 1(26) minus (27)) (27) EP Release Water diverted at 75th Street 3.72 cis limited by (28) (28) EP Release Water flowing past 75th Street 0.55 cfs (24) minus (29) "tintironmental Pdol Bypass Water" (29) transit loss - 75th Street to Howell Ditch 0.01 cis (30) x loss factor x 75th Street-to-Howell Ditch stream distance (30) EP Release Water at Howell Ditch 0.54 cfs (30) minus (31) Percent of Environmental Pool Release Re-diverted 95% assumed % per mile transit loss 0.25% Stream Distances: (rough estimates for now) miles Gross Reservoir Outlet to Eldorado Springs gage 6.7 Eldorado Springs gage to Community Ditch 0.9 Community Ditch to South Boulder Road 6.0 South Boulder Road to East Boulder Ditch 0.9 East Boulder Ditch to Valmont Inlet 1.5 Valmont Inlet to SBC/BC confluence 1.4 SBC/BC confluence to 75th Street 2.9 75th Street to Howell Ditch 6.5 Exhibit B Modification of Diversion Structures to Accommodate Instream Flow Bypasses Preliminary Construction Cost Estimates April 17, 2009. Structures on South Boulder Creek Below Action Needed Plus Pre-Design Estimated Denver's South Boulder Diversion Dam Cost Louisville Pipeline None Lafayette Pipeline None Community Ditch Install bypass capability on diversion dam estimated at $100,000; or Build new headgate and measuring device in canal wall just downstream of diversion headgate. $25,000. Cheaper option contingent on FRICO cooperation. Davidson Ditch None Goodhue Ditch Winter deliveries: no modifications needed. Summer deliveries: probably no, but evaluation needed. None South Boulder Bear Creek D Creek No. 2 Ditch None Marshallville Ditch None Schearer Ditch None South Boulder Canon Ditch Winter deliveries: no modifications needed. Summer deliveries: probably no, but evaluation needed. McGinn Ditch None (Fish passage constructed in Fall 2009 will allow bypasses) New Dry Creek Carrier $25,000 to $50,000 depending on design evaluation and measurement needs. East Boulder Ditch If Parshall flume at sand flume can be used, no additional work will be needed. If a bypass is required, $35,000. Leggett Inlet/ Jones and Donnelly Diversion $35,000 to $40,000 Butte Mill Ditch $0 to $30,000 pending further investi ati2 Total Cost Range $85,000 to $255,000 Note: These cost estimates do not reflect any structures needed for fish passage.