IGA; City and County of Denver, City of Lafayette; Gross Reservoir environmental pool; no end date
CONTRACT NO. 12899A
CONTRACT DATE
To be completed by Contract Control
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND COUNTY OF
DENVER, THE CITY OF BOULDER, AND THE CITY OF LAFAYETTE FOR AN
ENVIRONMENTAL POOL IN GROSS RESERVOIR
This Intergovernmental Agreement ("IGA") is made and entered into this 2y:n day of
2010, between the City and County of Denver, acting by and through its
Board of Water Commissioners (`Board"), the City of Boulder, a Colorado home rule
municipals oulder"), and the City of Lafayette, a Colorado home rule municipality, acting
by and through its Water Fund Enterprise, ("Lafayette") for the purpose of creating storage space
in Gross Reservoir for a 5,000 acre-foot permanent, year-round environmental pool
("Environmental Pool"). Each of the above entities 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, the Board is currently engaged in the permitting process for its Moffat
Collection System Project ("Moffat Project"), which includes an enlargement of Gross Reservoir
("Enlarged Gross Reservoir") and thus presents a unique opportunity to create new storage for
the Environmental Pool; and
WHEREAS, the creation of the Environmental Pool in the Enlarged Gross Reservoir will
allow for the storage of water that can be released to augment stream flows in South Boulder
Creek and thus provide significant ecological and environmental benefits to the creek and to the
surrounding habitat; and
WHEREAS, augmented stream flows in South Boulder Creek will benefit 17.3 miles of
South Boulder Creek, including Eldorado Canyon State Park and the South Boulder Creek State
Natural Area, and will benefit numerous species including the Plains Top Minnow, a species of
special concern listed by the State of Colorado; and
WHEREAS, the Parties acknowledge that the low flows in South Boulder Creek below
the Board's South Boulder Creek diversion dam are not caused by the Moffat Project, but the
Parties intend to utilize the opportunity presented by the Enlarged Gross Reservoir to address
low flows below the Board's South Boulder Creek diversion dam; and
WHEREAS, the Board is willing to cooperate with Boulder and Lafayette, to augment
stream flows in South Boulder Creek between the Board's South Boulder diversion dam and the
OFFICIAL CENTRAL RECORDS COP
20100224-5543
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mouth of South Boulder Creek by enlarging Gross Reservoir by an additional 5,000 acre feet
(AF) to create a dedicated year-round Environmental Pool in the Enlarged Gross Reservoir; and
WHEREAS, in addition to augmenting stream flows in the critical reach from the
Board's South Boulder Creek diversion dam to the mouth of South Boulder Creek, this
Agreement will increase stream flows during low flow periods in the stream reach between the
Gross Reservoir Dam and the Board's South Boulder diversion dam; and
WHEREAS, certain Lafayette water rights name Gross Reservoir as an alternate point of
diversion; and
WHEREAS, the Parties believe that enhancing stream flows in South Boulder Creek is
the preferred mitigation concept to address all impacts to aquatic resources in the South Boulder
Creek basin from the Moffat Project; and
WHEREAS, the Board and Boulder entered into an Intergovernmental Agreement, dated
October 29, 1998, to address low flows in South Boulder Creek; and
WHEREAS, subject to the provisions of this IGA, the Parties to this IGA intend that this
IGA shall supersede the October 29, 1998 Intergovernmental Agreement;
NOW THEREFORE, in consideration of the mutual covenants and commitments made
herein, the parties agree as follows:
1. ENVIRONMENTAL POOL
A. Size of Environmental Pool
The Environmental Pool shall consist of 5,000 AF of permanent, year-round storage
space in the Enlarged Gross Reservoir. At such time as the Board enlarges Gross Reservoir as
part of the Moffat Project permitting process, the Board shall construct storage space in the
Enlarged Gross Reservoir in the amount of 5,000 acre-feet ("AF") for the Environmental Pool.
Boulder and Lafayette shall have the right to store up to 5,000 AF of their decreed water rights in
the Environmental Pool. The Environmental Pool shall be dedicated solely and permanently for
the purpose of allowing Lafayette and Boulder to store their water for releases made during times
when the flow of water in South Boulder Creek would otherwise fall below specified minimum
levels, as more particularly described herein. Water stored in but not released from the
Environmental Pool shall be carried over from year to year, subject to losses provided in section
III(A)(7) of this Agreement, without interruption. However, water stored under Boulder and
Lafayette's water rights and any carried over water cannot equal more than 5,000 acre-feet.
The Environmental Pool, as set forth in this IGA, shall be included as the preferred
mitigation concept to offset the impacts to aquatic resources in the South Boulder Creek basin
from the Moffat Project.
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B. Water Sources for Environmental Pool
Boulder and Lafayette will provide water for storage in the Environmental Pool. Subject
to the operation of each entity's municipal water system, Boulder and Lafayette will make good
faith efforts to store portions of their water supplies in the Environmental Pool to provide a
minimum flow of water in South Boulder Creek below Gross Reservoir on a year-round basis.
It is agreed and understood that Lafayette, and Boulder, either alone or in conjunction
with each other and/or the Colorado Water Conservation Board ("CWCB"), anticipate seeking
decrees from the District Court for Water Division I for new exchanges, changes of water rights
and/or a new storage right for the purpose of filling the Environmental Pool. The Board will
cooperate with Lafayette, Boulder and the CWCB regarding Boulder's and Lafayette's new
exchanges, changes of water rights and a new storage right needed to implement this IGA.
Nothing in this IGA shall require the Board to run more water through the Moffat Tunnel than
the Board requires.
At no time shall the Board be obligated to provide any water for the Environmental Pool.
Each entity that stores water in the Environmental Pool will retain full ownership of the water so
stored, subject only to the constraints set forth herein.
C. Use of Environmental Pool Water
Water stored in the Environmental Pool will be utilized to provide minimum flows of
water in South Boulder Creek as more particularly described below as the instream flow targets
"Targeted Flows." Based on Boulder's hydrologic modeling for 1995-2007, the Environmental
Pool size of 5,000 AF is sufficient to meet the Targeted Flows in the segments: 1) Gross
Reservoir to South Boulder Road ("Upper Segment"); and 2) South Boulder Road to the
confluence with Boulder Creek ("Lower Segment"). Any subsequent changes to the Targeted
Flows shall not change the size of the Environmental Pool.
Stream Segment Average Dry Average Dry
Year Year Year Year
Flow Flow Flow Flow
May - May - Oct. - Oct -
Sept. Sept. April April
Gross Reservoir to South 10 c.f.s. 7 c.f.s. 7 c.f.s. 5 c.£.s.
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"
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Once water that is released from the Environmental Pool reaches the downstream
terminus of either of the two stream segments described above for which the water has been
released, the owner of the water shall be free to divert and make full beneficial use of the water.
As an example, if Lafayette releases 7 c.f.s. of water from the Environmental Pool, all of which
is needed to meet the Targeted Flows target for the Upper Segment, and 2 c.f.s. is needed to meet
the Targeted Flows target for the Lower Segment, Lafayette shall be free to divert 5 c.f.s. of the
water at South Boulder Road and divert the remaining 2 c.f.s. below the confluence of South
Boulder Creek and Boulder Creek, or divert the entire 7 c.f.s. below the confluence, subject to
transportation losses assessed by the State water administration officials.
D. Benefit to the Upper and Lower Segments.
It is recognized that hydrologic conditions and water rights operations may, under certain
circumstances, limit the ability of Lafayette and Boulder to meet the Targeted Flow in one or
both segments of South Boulder Creek. Nonetheless, Lafayette's and Boulder's coordinated
management of releases from the Environmental Pool will enhance flows in the Upper and
Lower Segments in most years.
To the extent that there are excessive stream losses between the point where water stored
in the Environmental Pool is released to South Boulder Creek and the downstream location of
the Upper Segment or the Lower Segment, and either Lafayette or Boulder are unable to obtain
use of their water supplies, one of the key objectives of the program described herein 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 a loss that never
exceeds an average of one-quarter percent per stream mile calculated on a daily basis; provided,
however, that the Board shall not be required to contribute water or costs beyond reasonable staff
time towards such reasonable steps. To the extent that stream losses exceed that figure, in either
the Upper Segment or the Lower Segment of South Boulder Creek, Lafayette and Boulder
reserve the right to suspend delivery of water to that stream segment under the program until the
reason for the excessive losses is determined, and such excessive losses are eliminated.
In the event that either the Lafayette City Administrator or the Boulder City Manager
declare in good faith that an emergency exists regarding the ability of their respective
communities to meet the water demands of their customers, Lafayette and/or Boulder shall have
the right to release water that Party then has stored in the Environmental Pool to address the
emergency regardless of whether the water is then needed to maintain Targeted Flows in South
Boulder Creek; provided, however, that the Party seeking to invoke this provision is fully
utilizing all of the direct flow water then available to the Party. Examples of such an emergency
include, but are not necessarily limited to, an extended drought or an unexpected problem with a
Party's water storage, conveyance or treatment infrastructure. The right to remove water from
the Environmental Pool in an emergency shall not extend beyond thirty days unless the City
Council of the Party declaring the emergency confirms the actions of the staff and implements
reasonable restrictions on outdoor watering. To the extent practicable, the other Party
participating in the Environmental Pool will attempt to make releases from the Environmental
Pool to meet Targeted Flows.
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Boulder and Lafayette have entered into a separate Intergovernmental Agreement, dated
&SN ...Q , 2010 (`Boulder/Lafayette IGA"), for the purpose of clarifying the details
associated with the operation of their water rights in the Environmental Pool and the
maintenance of Targeted Flows in South Boulder Creek. Pursuant to the terms of the
Boulder/Lafayette IGA, releases made from the Environmental Pool may not, at times, reach the
Lower Segment under specified conditions. If such a condition occurs, Targeted Flows in the
Upper Segment are expected to be met.
In the event there are conflicts, differences, or inconsistencies between the
Boulder/Lafayette IGA and this IGA with regard to Lafayette's and Boulder's operation of the
Environmental Pool and the delivery of water to the Upper and Lower Segments, the terms and
conditions of the Boulder/Lafayette IGA shall control; provided, however, that the Operating
Principles under section III (A) of this IGA shall remain in full force and effect.
II. INSTREAM IMPROVEMENTS
A. Modifications to Diversion Structures
Boulder and Lafayette shall be responsible for the costs associated with the construction
of stream flow bypass structures or modifications to diversion structures in South Boulder Creek
in order to deliver water released from the Environmental Pool into and through the Upper
and/or Lower Segments. 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
Leggett/Valmont Reservoir diversion dam, and the Butte Mill South Boulder Creek diversion
dam. Subject to the limitation set forth in subparagraph II(C) below, these modifications shall be
completed by the time or within 12 months of the time when space in the Enlarged Gross
Reservoir is made available for the Environmental Pool.
The Parties recognize that Boulder and Lafayette may seek contributions from other
entities for the costs associated with modifications to the above referenced diversion structures.
This section is not intended to diminish Boulder and Lafayette's responsibilities pursuant to
paragraph PJ (B), but recognizes that there may be individuals or entities that cannot or do not
want to contribute to the enlargement of Gross Reservoir.
B. Flow Gages
At their cost, Boulder and Lafayette shall install and maintain new gages as needed to
determine whether the Targeted Flows are being met in South Boulder Creek from the gage
maintained by the State at Eldorado Springs to the confluence of Boulder Creek.
C. Approvals of Third Party Owners of South Boulder Creek Structures
The Parties acknowledge that the cooperation of entities not parties to this IGA may be
necessary for the completion of the stream flow bypass structures and/or modifications to
diversion structures needed to allow water released from the Environmental Pool to reach the
Upper and Lower Segments. Boulder and Lafayette shall utilize best efforts to secure all
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necessary approvals. The Board will assist Boulder and Lafayette in any discussions with the
State water administration officials and the Parties will work together in good faith in legal
proceedings, if necessary, to obtain the right to construct stream flow bypass structures and to
modify existing diversion structures on South Boulder Creek to ensure that water released from
the Environmental Pool will reach the Upper and Lower Segments. In the event that such
approvals cannot be obtained despite the diligent efforts of the Parties, Boulder and Lafayette
shall not be required to complete the flow bypass structures and/or modifications referenced
herein.
III. OPERATING PROCEDURES
A. Operating Principles
1. The fundamental basis for the operation of the Environmental Pool shall be that
Boulder and Lafayette have complete control of all decisions concerning both storing and
releasing water in and from the Environmental Pool at all times so long as decisions are
consistent with: (i) administrative requirements of the State Engineers Office; (ii) the
Board's ramping obligations under the amended Gross Reservoir Hydropower License
(Project No. 2035) issued by the Federal Energy Regulatory Commission ("FERC") and,
(iii) the physical limitations of Gross Dam. The Board shall have no rights whatsoever to
any use of the water in the Environmental Pool, even in times of drought or in the event
of an emergency, except as otherwise provided in paragraph 14 below.
2. Nothing herein shall be deemed or construed as creating any obligation on the
Board to operate its facilities in any particular manner, so long as the Board complies
with the express terms of this Agreement.
3. The Environmental Pool shall begin operation concurrently with the Board
commencing storage of water in the Enlarged Gross Reservoir.
4. Lafayette and Boulder shall be responsible for coordination and communication
regarding any water stored in or released from the Environmental Pool.
5. Boulder or Lafayette will notify the District 6 Water Commissioner of the
amounts of water to be released from the Environmental Pool and obtain the necessary
approval(s) for any releases. The Water Commissioner will notify the Board and the
Board shall release the specified amount of water subject to its ramping obligations.
6. Boulder and Lafayette will notify the District 6 Water Commissioner of the
amounts of Boulder's and Lafayette's water to be diverted into the Environmental Pool.
The Water Commissioner will notify the Board and the Board shall divert and, within 2
business days, account for the specified amounts of water into the Environmental Pool,
up to the available capacity in the Environmental Pool.
7. The Environmental Pool will be assessed its pro-rata share on a volumetric basis
of the Enlarged Gross Reservoir evaporation losses as charged by the State water
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administration officials. As an example, if the Environmental Pool contains 5,000 AF of
water stored at a time when the total volume of water stored in the Enlarged Gross
Reservoir is 80,000 AF; the Environmental Pool will be assessed 6.25% of the
evaporation loss as charged by the State water administration officials.
8. The point of delivery of water from the Environmental Pool is the flume
immediately below the Enlarged Gross Reservoir. The Board will not divert water
released from the Environmental Pool at its South Boulder diversion dam
9. Boulder and Lafayette shall be responsible for any transit loss assessed by the
State water administration officials on water released from the Environmental Pool..
10. The unit of measure for the storage and release of water in the Environmental
Pool will be in units of cubic feet per second. It shall be assumed that the delivery of one
cubic feet per second over a twenty-four hour period yields 1.9835 AF of water.
11. The minimum release from the Environmental Pool will be 0.5 cubic feet per
second. Releases will be made in 0.5 cubic feet per second increments.
12. Storage in the Environmental Pool will be included in the water storage
accounting maintained by the Board for the Enlarged Gross Reservoir. The Board will
maintain such information in an electronic format, and will make the information
available to Boulder and Lafayette electronically on normal business days.
13. If the Board, the State, or the FERC determines that the reservoir needs to be
drawn down for dam safety, maintenance, emergency, or any other reason, the capacity
of water each Party is able to store in Gross Reservoir shall be reduced pro rata on
available capacity. Available capacity in this paragraph shall be the total capacity less
the unusable pool. The unusable pool shall be comprised of only the Board's water.
Currently, the Board calculates 12,000 acre-feet of water in the Gross Reservoir unusable
pool. In the event the Board revises the amount of water in the unusable pool, the pro
rata reductions shall be calculated using the new value for the unusable pool.
14. Nothing herein shall be construed as a modification of any existing water right
decree or operations under the priority system; provided, however, that in order to
eliminate future disputes over the exercise of the Board's water rights decreed in C.A.
12111 and the fill and the use of the Environmental Pool, the Parties have agreed to the
following principles.
(a) The Board acknowledges that the Decrees whereby Lafayette changed senior
South Boulder Creek direct flow water rights to municipal purposes in Case Nos. W-
8346-A-76, W-8346-B(1)-76, W-8347-76, W-8348(1)-76, 80W468, 80CW469, and
Consolidated Case Nos. W-8346-B(2)-76 and W-8348(2)-76, allow Lafayette to store
those changed senior South Boulder Creek direct flow water rights in Gross Reservoir
under the priority dates decreed to each of those rights. The Board acknowledges that the
Decrees in Case Nos. 85CW 119 and 90CW I08 whereby Lafayette changed senior South
Boulder Creek direct flow water rights to municipal purposes allow Lafayette to store
those changed senior South Boulder Creek direct flow water rights in Gross Reservoir
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under the priority dates decreed to each of those rights, except as otherwise provided in
Lafayette's stipulations with the Colorado Water Conservation Board in those cases.
(b) The Board shall not generate hydropower at Gross Reservoir to the extent
such operations interfere with the ability of Boulder and/or Lafayette to store water in, or
release water from, the Environmental Pool. Neither shall the Board seek to recover lost
hydropower revenues from Boulder or Lafayette due to the operation of this IGA.
Boulder and Lafayette do not object to the Board using water released from the
Environmental Pool to generate hydropower and retaining all revenues from such
hydropower generation, provided that hydropower generation does not negatively impact
the delivery of water from the Environmental Pool to South Boulder Creek. Boulder and
Lafayette make no representations regarding the ability of the Board to utilize
Environmental Pool water for hydropower purposes.
(c) Storage of water in the Environmental Pool by Boulder or Lafayette shall be
limited to the amount of water and times when, but for storage in the Environmental
Pool, the water would have been called past the Board's existing South Boulder Creek
storage right decreed to Gross Reservoir in C.A. 12111 (i.e. 113,078 acre-feet with an
appropriation date of May 10, 1945, of which 41,811 acre-feet have been made absolute),
to satisfy downstream water users in the South Platte basin. This limitation shall not
apply if the Board elects, for any reason, not to store all of the water in Gross Reservoir
that would otherwise be available in priority under the storage right decreed in C.A.
12111.
15. Lafayette and Boulder shall not 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.
B. Annual Meetine
The Board, Lafayette and Boulder water officials will, at the request of any Party,
schedule a meeting during the month of March each year to address any issues relevant to
this IGA and resolve any conflicts that may exist. Each Parry shall designate a person
that the other Parties can contact regarding the day-to-day operation of the Environmental
Pool.
IV. FINANCIAL RESPONSIBILITY FOR CONSTRUCTION AND OPERATION OF
THE ENVIRONMENTAL POOL AND THE ENLARGED GROSS RESERVOIR
A. Construction Costs
1. Boulder and Lafayette
Boulder and Lafayette shall make a one-time combined contribution of Four
Million Dollars to the cost of the Enlarged Gross Reservoir, which shall include the
Environmental Pool. Boulder shall make a Two Million Dollar payment, plus
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accumulated interest as provided below, to the Board when physical construction of the
Enlarged Gross Reservoir is ninety percent (90%) complete. Lafayette shall make a One
Million Dollar payment, plus accumulated interest as provided below, to the Board when
the physical construction of the Enlarged Gross Reservoir is ninety percent (90%)
complete. Lafayette shall make a second One Million Dollar payment, plus accumulated
interest as provided below, to the Board at the time the initial One Million Dollar
payment is made, or February 1, 2025, whichever date is later. At their sole discretion,
both entities may make payments prior to the dates referenced in this paragraph. Interest
shall accrue on payments made to the Board according to the following schedule:
a) Interest will begin to accrue on the amounts owed at the rate of two
percent (2%) per annum beginning on the later of January 1, 2012 or the issuance of
the U.S. Corps of Engineers 404 permit ("Permit") needed to proceed with the Moffat
Project, but no later than January 1, 2017.
b) When physical construction of the Enlarged Gross Reservoir is ninety
percent (90%) complete, interest will begin to accrue on the unpaid balance of
amounts owed at a rate of four percent (4%) per annum.
c) With regard to Boulder's appropriation of funds, nothing herein shall
constitute a multiple fiscal year obligation pursuant to Colorado Constitution, article
X, Section 20. Notwithstanding any other provision of this IGA, Boulder's
obligations under this IGA are subject to annual appropriation by the Boulder City
Council. Boulder is appropriating funds annually in advance of its obligation to make
its Two Million Dollar Payment. Upon a failure of a Boulder City Council to approve
such annual appropriation, Boulder shall promptly notify the Board and Lafayette of
such failure. Within sixty (60) days after the Board receives the Amended License,
Boulder shall confirm, in writing, to the Parties, Boulder's ability to make the
payments it is required to make pursuant to this Section. If Boulder fails to make
such written confirmation, this IGA may be terminated or amended as set forth in
Section VI.
2. Board
Subject to subparagraph IV.B below, the Board shall contribute the remainder of
the funds necessary for the construction, maintenance, repair, and/or reconstruction, of
the Environmental Pool.
B. Contributions From Other Funding Sources.
Boulder and Lafayette also agree to work in good faith with the Board to encourage other
entities to make monetary contributions for the costs of constructing the Environmental Pool.
Such entities include without limitation, Colorado Division of Wildlife, Colorado Water
Conservation Board, Trout Unlimited, Western Resource Advocates, The Nature Conservancy,
Boulder Creek Watershed Initiative, Boulder County and the Great Outdoors Colorado program
("GOCO"). Any such contributions shall be for the benefit of the Board.
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V. RESOLUTION OF ENVIRONMENTAL CONCERNS ASSOCIATED WITH
THE ENLARGEMENT OF GROSS RESERVOIR
A. South Boulder Creek
Boulder and Lafayette agree that creation and operation of the Environmental Pool in an
Enlarged Gross Reservoir, as set forth in this IGA, adequately addresses the impacts to aquatic
resources in the South Boulder Creek basin from the Moffat Project and thereby enables the
Parties to support those aspects of the permits and approvals for the Moffat Project that are
related to the impacts to aquatic resources in the South Boulder Creek basin.
B. 1998 Intergovernmental Agreement
The Board and Boulder entered into an Intergovernmental Agreement dated October 29,
1998 that was associated with the process of FERC Project No. 2035-006, Denver Water Board
Gross Reservoir Re-licensing.
At the time that FERC grants the Amended License to the Board, this IGA shall
supersede the October 29, 1998 Intergovernmental Agreement. In the event that FERC does not
grant the Amended License, or if for any reason the Board does not complete construction of the
Enlarged Gross Reservoir, then the October 29, 1998 Intergovernmental Agreement shall remain
in effect.
VI. RIGHT TO TERMINATE AND AMEND THE IGA
In the event the Board decides not to enlarge Gross Reservoir, the Board may terminate
this IGA by providing written notice to the Parties. If the Board does not obtain the Permit
needed to proceed with the Moffat Project by January 1, 2017 or the Amended License by
December 31, 2020; or construction of the Enlarged Gross Reservoir does not begin by
December 31, 2025, Lafayette and Boulder shall have the option of notifying the other Parties, in
writing, that they are withdrawing from participation under this IGA. They may do so
individually or together. Upon such notification, the withdrawing Party shall be relieved of all
obligations contained in this Agreement, including any obligation for accrued interest.
If Boulder or Lafayette choose to withdraw based on the reasons set forth above, or if
Boulder is unable to provide funding under Section IV (A), the rights of the Party withdrawing
or failing to provide funding shall terminate under this IGA. If Boulder or Lafayette terminates
pursuant to this article, the remaining Party shall have the option to assume the financial
responsibility of that Party under this IGA. In the event of such an election, the Party and the
Board shall have the right to amend this IGA. Absent an election of the remaining Party to
assume the financial obligation of the terminated Party, the Board and the remaining Party may,
at their discretion, continue to participate under a mutually acceptable amendment to this IGA or
a new agreement.
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VII. 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 only an incidental and unintended beneficiary.
VIII. MISCELLANEOUS
A. Governing Law
Colorado law shall govern the administration of this IGA. Venue for purposes of any
dispute shall be in the District Court for the City and County of Denver or Boulder County
District Court.
B. No Transfer of Property Interests
This IGA does not transfer any property interest in either real property or water.
C. Water Quality
This IGA makes no guarantee as to the quality of water in the Environmental Pool.
Releases from the Enlarged Gross Reservoir for purposes of this IGA are not required to meet
any particular water quality standard.
D. IGA is Not Assignable
This IGA is not assignable without the express written consent of all Parties.
E. 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.
F. Notices
Any notice or communication to any 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:
If to the Board:
Denver Water Board of Commissioners
Manager of Raw Water Supply
1600 West 12th Ave.
Denver, CO 80204
303.628.6510
If to Boulder:
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City Manager, City of Boulder City Attorney, City of Boulder
P.O. Box 791 P.O. Box 791
Boulder, CO 80306 Boulder, CO 80306
303.441.3020 303.441.3020
City of Boulder
Open Space and Mountain Parks
Attn: Water Resources Administrator
P.O. Box 791
Boulder, CO 80306
303.441.3440
City of Boulder
Director of Public Works/Utilities
Attn: Water Resources Coordinator
Box 791
Boulder, CO 80306
303.441.3200
If to Lafayette:
City of Lafayette
Attn: City Administrator
1290 South Public Road
Lafayette, CO 80026
303.665.5588
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APPROVED: AGREED AND ACCEPTED:
THE CITY AND COUNTY OF DENVER
acting by and through its
By: BOARD OF WATER COMMISSIONERS
Secretary
By:
President
Date:
APPROVED:
REGISTERED AND COUNTERSIGNED:
Director of Planning Dennis J. Gallagher, Auditor
CITY AND COUNTY OF DENVER
By:
Approved as to form:
Legal Division
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CITY OF BOULDER, COLORADO
Jane Brautigam, City Manager
Attest:
City Clerk on ehalf of the
Director of Finance and Re d
Approved as to form:
rty Attorney
CITY OF LAFAYETTE
ACTING BY AND THROUGH ITS
WATER FUND ENTERPRISE
By:
Chairperson
Approved as to Form:
City Attorney
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