TC Res. No. 2005-58 AUTHORIZING THE APPROPRIATION AND ADJUDICATION OFTOWN OF AVON, COLORADO
RESOLUTION NO. 05-58
SERIES OF 2005
A RESOLUTION AUTHORIZING THE APPROPRIATION AND ADJUDICATION OF
A RECREATIONAL IN-CHANNEL DIVERSION WATER RIGHT IN THE EAGLE
RIVER AT THE TOWN OF AVON FOR A WATER PARK AND RELATED
FACILITIES
WHEREAS, recreational facilities utilizing the in-channel flows of the Eagle River within a
water park at the Town of Avon will create significant economic and other benefits for the
citizens of the Town, and
WHEREAS, a design for a water park incorporating artificial control structures within the Eagle
River to control water in its natural course to create water features for a variety of reasonable
recreational experiences including beginning, intermediate, and advanced recreation and
competitive events by kayakers, boaters, rafters, tubers, and other recreationists has been
reviewed and approved by the staff, and
WHEREAS, the staff, with the advice and assistance of engineering and legal consultants, has
recommended appropriating water in the Eagle River for Recreational In-Channel Diversions
(RICDs) utilizing an approved design,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, that
(1) It is the intention of the Town of Avon, acting through its Town Council, to
appropriate water, with priority as of the date hereof, within a reach of the Eagle River within
Section 12, Township 5 South, Range 82 West, 6th P.M., from approximately 500 feet above and
to approximately 500 feet below the structure on the Eagle River known as Bob the Bridge (1) in
sufficient rates of flow up to 1,400 cubic feet per second of time for competitive kayaking and
boating events by the public during specified dates and time periods to be determined by the
staff, and (2) at such other rates of flow at other control structures within the reach during such
other periods of time as may be determined by the staff for reasonable recreational experiences
by the public in and on the water, under the laws of the State of Colorado, including, but not
limited to kayaking, boating, rafting, tubing and the use of other water recreational devices and
equipment.
(2) It is also hereby authorized and directed that the Town's officers and staff shall
apply in the name of the Town to the Water Court for Water Division No. 5, State of Colorado,
for a ruling and decree awarding water rights and priorities therefore for such RICDs as will
enable water to be diverted and controlled within its natural course or location in the channel of
the Eagle River for,the'beneficial uses and purposes described hereinabove and to take all other
necessary or desirable steps;to appropriate, apply for and obtain conditional water rights and
priorities.
(3) Further, all actions necessary for the acquisition of necessary easements, rights-
of-way, permits, licenses and approvals necessary for the construction and emplacement of
control structures in the designated reach of the Eagle River to accomplish the foregoing,
whether or not a RICD water right is obtained, are hereby also authorized.
ADOPTED THIS 13~ DAY OF QkcL ' R , 2005
TOWN COUNCIL
TO AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:;
Resolution No. 05-58 Authorize Filing RICD
Page 2 of 2
;i
I
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Front: Norman Wood, Town Engineer
Date: December 6, 2005
Re: Resolution No. 05-58, Series of 2005 - A Resolution Authorizing the
Appropriation of a Recreational In-Channel Diversion Water Right in the
Eagle River at the Town of Avon for a Water Park and Related Facilities
Summary: Resolution No. 05-58 (Exhibit 1) was prepared by Gary Greer, Town of
Water Attorney to authorize the appropriation of a Recreational In-Channel Diversion (RICD)
Water Right in the Eagle River at the Town of Avon for a Water Park. The Resolution further
authorizes actions necessary for the acquisition of necessary easements, rights-of-way,
permits, licenses and approvals necessary for the construction of the control structures for the
park whether or not a RICD water right is obtained.
Approval of Resolution No. 05-58 is recommended.
Recommendation: Approve Resolution No. 05-58, Series of 2005, A Resolution
Authorizing the Appropriation and Adjudication of a Recreational In-Channel Diversion
Water Right in the Eagle River at ,the Town of Avon for a Water Park and Related Facilities.
Proposed Motion: I move to approve Resolution No. 05-58, Series of 2005, A
Resolution. Authorizing the Appropriation and Adjudication of a Recreational In-Channel
Diversion Water Right in the Eagle River at the Town of Avon for a Water Park and Related
Facilities.
Town Manager Comments:
Attachments:
Exhibit 1: Resolution No. 05-58
1:\Engineering\CIP\RICD\1.0 Administration\l.I Correspondence\Res OS-S8 Memo.Doc