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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