TC Res. No. 1999-29TOWN OF AVON
RESOLUTION NO. 99-29
Series of 1999
A RESOLUTION APPROVING AN APPLICATION FOR CHANGE OF WATER
RIGHTS TO BE FILED WITH THE WATER COURT FOR WATER DIVISION NO.5
TO APPROPRIATE AND CHANGE WATER RIGHTS FOR STORAGE AND
ADDITIONAL USES OF WATER AND TO AUTHORIZE THE TOWN TO, SELL,
LEASE, RENT, LICENSE, OR OTHERWISE DISPOSE OF WATER TO OTHER
WATER USERS ON TERMS AND CONDITIONS THAT ARE OR MAY BE
APPROVED BY THE COUNCIL
Whereas, Avon is the successor in interest to the Avon Metropolitan District with
respect to water rights and the provision of water services within the Town of Avon; and
Whereas, a portion of the Town's water rights are leased to the Upper Eagle
Regional Water Authority for its use in providing water service within the Town's service area;
and
Whereas, some of the Town's leased water rights have been decreed by the Upper
Eagle Regional Water Authority for storage at the Eagle Park Reservoir and/or the Robinson
Reservoir for, a variety of uses in accordance with the Eagle park Reservoir Agreement between
the Town' and the Upper Eagle Regional Water Authority; and
whereas, as a result of the adjudications in Cases W-3664 and 84CW225, Water
Division No.5 and subsequent transactions between the Town of Avon and the Upper Eagle
Regional Water Authority, Avon Metropolitan District owned and the Town now owns water
rights under whose priorities water in an average, annual amount of 113.87 acre-feet is
uncommitted to the decreed plans for augmentation under which water service is provided within
the Avon Metropolitan Municipal Water System; and
Whereas, the Town has acquired all of the interests in.Benchmark Lake formerly
shared between Avon Metropolitan District and the Eagle-Vail Metropolitan District; and
Whereas, it is advantageous for the Town to be able to make full use of the,
capacity of Benchmark Lake and all the water that can be stored therein under the Town's
uncommitted water rights to the fullest extent practicable at locations either within the former
service areas of the Avon Metropolitan -District or the Eagle-Vail Metropolitan-District, or within
the Town of Avon, or within the areas that can be served with water by the Upper Eagle Regional
Water Authority, or within any area that can be served with water of the Colorado River or its
tributaries; and
Whereas, the Town's 113.89 acre-feet of uncommitted water has been decreed for
storage in Benchmark Lake for certain uses and the Town now foresees and intends to make use
of said water in the future at various locations for various additional uses, including, without
limitation, fish and wildlife uses, fish propagation and fish culture, snowmaking, golf course
irrigation, replacement of lake water evaporation, exchange, replacement, augmentation and all
other beneficial purposes; and
Whereas, it is advantageous and desirable to obtain the legal right to make such
additional uses of said water and to obtain the fullest possible flexibility of storage, release and use
of water;
NOW THEREFORE, be it resolved by the Council of the Town of Avon, that
the Town should be and hereby is authorized to appropriate and change said water rights for the
storage and additional uses of water at such other locations and for such other uses as may
presently be made of the other water rights of the Town that have been committed to the Eagle
Park Reservoir Agreement, as well as additional uses utilizing Benchmark Lake, and in the
furtherance thereof to cause an application for change of water rights to be filed with the Water
Court for Water Division No. 5 to achieve such purposes with the greatest flexibility and to the
greatest extent practicable and, in particular to authorize the Town to sell, lease, rent, license, or
otherwise dispose of water to other water users on terms and conditions that are or may be
approved by the Council.
ADOPTED THIS DAY OF ,1999.
e11 of 4~,~,✓ : TOWN COUNCIL
TOWN OF AVON, COLORADO
,s
:SEA R_
K
y Yod r
ATTEST:
Nash GArr - ((LwE¢
Town Clerk DOF IbV 0U-9 C