Resolution 2025-94 - Laserfiche WebLink

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Docusign Envelope ID: 22A2EC53-940C-4CE7-AF96-EF3FAFCECCO9 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LOUISVILLE AND THE CITY AND COUNTY OF BROOMFIELD FOR LEASES OF FULLY CONSUMABLE WATER TO EACH OTHER This INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LOUISVILLE AND THE CITY AND COUNTY OF BROOMFIELD FOR LEASES OF FULLY CONSUMABLE WATER TO EACH OTHER (the "IGA") is made and entered into this 12 day of August , 2025, between the City of Louisville, a Colorado home rule municipality ("Louisville"), and the City and County of Broomfield, a Colorado county, home rule city and municipal corporation ("Broomfield"). Each entity may be referred to as a "Party" or collectively as the "Parties." RECITALS WHEREAS, the Parties are authorized to enter into this IGA pursuant to C.R.S. Section 29-1-201, et. seq.; and WHEREAS, Broomfield owns and operates a municipal water system which supplies potable and non -potable water within its service area, as it may be revised from time to time, and extraterritorially by contract; and WHEREAS, in furtherance of the development of water supplies for its municipal water system, Broomfield obtained a decree in Case No. 20CW3216, District Court, Water Division No. 1, for a change of water rights represented by 157.14 shares owned by Broomfield in the Marshall Lake Division of The Farmers Reservoir and Irrigation Company ("Broomfield's Marshall Shares"). The decree also confirms conditional rights to store or detain water for the purpose of appropriating waters of the State that are made available to the stream from the historical return flows associated with the subject Marshall Shares (referred to in the 20CW3216 decree and herein as the "Paragraph 15 Rights"); storage rights and underground water rights for ponds and reservoirs in which the changed Marshall shares and the Paragraph 15 Rights may be stored or detained; and a plan for augmentation including appropriative rights of substitution and exchange to replace out -of -priority stream depletions caused by the ponds and reservoirs; and WHEREAS, Louisville filed a statement of opposition to Broomfield's application in Case No. 20CW3216 to ensure that the final decree contained terms and conditions that protect Louisville's interests; and WHEREAS, Broomfield owns Siena Reservoir, whose legal description is in the S 1/2 of the NW 1/4, Section 8, Township 1 South, Range 68 West. The UTM coordinates (NAD83, Zone 13S) are 497349.35 m Easting and 4425608.80 m Northing. Pursuant to the 20CW3216 decree, Broomfield has an underground water right for Siena Reservoir, which intercepts groundwater, tributary to an unnamed tributary to Coal Creek (also known as and referred to herein as the "Tri-County Airport Drainage"). Siena Reservoir also stores local surface inflows that are tributary to the Tri-County Airport Drainage; and