HomeMy WebLinkAbout24-127 Approving the Filing of Water Court Application for Conditional Groundwater of Alluvial Well Fiends 12-18-2024i II
A RESOLUTIONi?M 9iSBOARD,
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WHEREAS, Firestone would benefit from acquiring groundwater rights through multiple well fields for
municipal uses related to the growth of Firestone's population;
WHEREAS, the Board of Trustees finds it in the best interest of Town of Firestone and its citizens to
appropriate groundwater rights for the Mountain Shadows Park Well Field, Alluvial Well Field No. 2, Firestone
Trail Well Field, Barefoot Lakes Well Field, Vogl-Stinar Well Field and Acord Well Field and seek a decree
confirming the groundwater rights by filing an application with the Division One Water Court in substantially the
same form as shown on the Application attached hereto and incorporated herein; and
WHEREAS, prosecution of the aforementioned Application is consistent with the powers and authority
of the Town of Firestone and the furtherance of the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
1. The above Recitals and Findings of the Board of Trustees are hereby incorporated into this Resolution.
2. The Board of Trustees authorizes the filing of a Division One Water Court Application for the
appropriation of the alluvial well fields in substantially the same form as the copy attached hereto and
made part of this Resolution.
3, The Town Manger and other officers, employees and agents of the Town are further authorized to do all
things necessary and desirable on behalf of the Town to file the application and prosecute the same to
completion.
4. All actions taken by the Town Manager, employees and agents of the Town in furtherance of the
objectives set forth herein prior to the date of this resolution are hereby ratified and endorsed by the
Board.
PASSED AND ADOPTED this 18th day of December, 2024.
TOWN OF
DISTRICT COURT, WATER DIVISION 1,
WELD COUNTY, COLORADO
901 9th Ave.
P. O. Box 2038
Greeley, CO 80632
A COURT USE ONLY
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
TOWN OF FIRESTONE
IN BOULDER and WELD COUNTIES.
Wesley S. Knoll, #48747
Jacklyn P. Gunn, #59386
Lawrence Jones Custer Grasmick LLP
Case No. 24CW
5245 Ronald Reagan Blvd., Suite 1
Johnstown, CO 80534
Div.: 1
Telephone: (970) 622-8181
Courtroom: 1
E-mail: wes(�lcwaterlaw.com; jacklyn(7lcwaterlaw.com
APPLICATION FOR APPROPRIATION OF CONDITIONAL GROUNDWATER
RIGHTS
1. Name, mailing address and telephone number of Applicant: The Town of Firestone, P.O Box
100, Firestone, CO 80520, 303-833-3291.
CONDITIONAL GROUNDWATER RIGHTS
2. Firestone Trail Well Field
2.1. Well Permit Nos. Well permits for the Firestone Trail Well Field wells will be obtained
prior to the drilling of any wells.
2.2. Legal Description of Location of Well Field. The Firestone Trail Well Field will be located
in the NW '/4 of the NW 1/4 of Section 5, Township 2 North, Range 67 West of the 6th P.M.,
Weld County, Colorado being more particularly described as Parcel No. 16, of the Quit
Claim Deed recorded at Reception No. 2538622 on March 19, 1997, at the office of the
Weld County Clerk and Recorder.
2.3. Source. Alluvial groundwater tributary to St. Vrain Creek.
2.4. Appropriation Date. December 17, 2019.
2.5. Amount. A combined diversion of 375 g.p.m.
2.6. Proposed Uses: All municipal uses including direct flow, recharge and storage with the
right to make successive use of the water to extinction, or disposition for all beneficial
uses of the municipal water system of Firestone as it currently exists or exists in the future,
including, but not limited to, municipal, domestic, irrigation, commercial, industrial,
recreation, fish and wildlife, augmentation, replacement, exchange and storage for these
purposes.
2.6.1. Storage shall be in the reservoirs described in this Application and any amounts
diverted and stored therein shall count against the fill of those storage rights.
2.7. Augmented Use. The well structures in this application may be used for out of priority
diversions which will be augmented pursuant to the augmentation plan decreed in Case
No. 19CW3236 or such other augmentation plan as applicant may later be decreed.
3. Mountain Shadows Park Well Field
3.1. Well Permit Nos. Well permits will be obtained prior to drilling any wells in the Mountain
Shadows Park Well Field.
3.2. Legal Description of Well Field. In the Northwest 1/4 of the Southeast'/4 of Section 1, T2N,
R68W of the 61h PM, Weld County, Colorado, being more particularly described as Tract
A of Mountain Shadows Subdivision Filing No. 1, as shown on the plat recorded at
Reception No. 3037982 on March 3, 2003, at the office of the Weld County Cleric and
Recorder..
3.3. Source. Alluvial groundwater tributary to St. Vrain Creek.
3.4. Appropriation Date. December 11, 2024.
3.5. Amount. A combined diversion of 675 g.p.m.
3.6. Proposed Uses. All municipal uses including direct flow, recharge and storage with the
right to make successive use of the water to extinction, or disposition for all beneficial
uses of the municipal water system of Firestone as it currently exists or exists in the future,
including, but not limited to, municipal, domestic, irrigation, commercial, industrial,
recreation, fish and wildlife, augmentation, replacement, exchange and storage for these
purposes.
3.6.1. Storage shall be in the reservoirs described in this Application and any amounts
diverted and stored therein shall count against the fill of those storage rights.
3.7. Augmented Use. The well structures in this application may be used for out of priority
diversions which will be augmented pursuant to the augmentation plan decreed in Case
No. 19CW3236 or such other augmentation plan as applicant may later be decreed.
4. Alluvial Well Field No. 2
4.1. Well Permit Nos. Well permits will be obtained prior to drilling any wells in the Alluvial
Well Field No. 2.
4.2. Legal Description of Well. In the Southwest `/4 of the Northeast 1/4 of Section 31, T3N,
R67W of the 6"' PM, Weld County Colorado, being more particularly described as all of
the parcel described in the Warranty Deed recorded at Reception No. 2708219, at the
office of the Weld County Clerk and Recorder, together with that portion of Parcel B of
Subdivision Exemption SE -286 recorded at Reception No. 2081800 at the office of the
Weld County Clerk and Recorder being in the said Southwest I/4 of the Northeast 1/4 of
Section 31, T3N, R67W.
4.3. Source. Alluvial groundwater tributary to the St. Vrain Creek.
4.4. Appropriation Date. December 17, 2019.
4.5. Amount. A combined diversion of 3,360 g.p.m.
4.6. Proposed Uses. All municipal uses including direct flow, recharge and storage with the
right to make successive use of the water to extinction, or disposition for all beneficial
uses of the municipal water system of Firestone as it currently exists or exists in the future,
including, but not limited to, municipal, domestic, irrigation, commercial, industrial,
recreation, fish and wildlife, augmentation, replacement, exchange and storage for these
purposes.
4.6.1. Storage shall be in the reservoirs described in this Application and any amounts
diverted and stored therein shall count against the fill of those storage rights.
4.7. Augmented Use. The well structures in this application may be used for out of priority
diversions which will be augmented pursuant to the augmentation plan decreed in Case
No. 19CW3236 or such other augmentation plan as applicant may later be decreed.
4.8. Names and addresses of owners, if other than Applicant, of land on which structures are
located:
St Vrain Sanitation District, 6501 County Road 26, Longmont, CO 80504.
5. Barefoot Lakes Well Field
5.1. Well Permit Nos. A well permit for the Barefoot Lakes Well Field will be obtained prior
to drilling the Barefoot Lakes Well Field.
5.2. Legal Description of Well. In the Northwest t/4 of the Southwest t/4 of Section 36, T3N,
R68W of the 6t" PM, Weld County Colorado being more particularly described as that
portion of Tract A of the Barefoot Lakes Regional Park Filing No. 1 as shown on the plat
recorded at Reception No. 4375616 on February 15, 2018 at the office of the Weld County
Clerk and Recorder lying south of the St Vrain Creek.
5.3. Source. Alluvial groundwater tributary to St. Vrain Creek.
5.4. Appropriation Date. December 11, 2024.
5.5. Amount. A combined diversion of 2,448 g.p.m.
5.6. Proposed Uses. All municipal uses including direct flow, recharge and storage with the
right to make successive use of the water to extinction, or disposition for all beneficial
uses of the municipal water system of Firestone as it currently exists or exists in the future,
including, but not limited to, municipal, domestic, irrigation, commercial, industrial,
recreation, fish and wildlife, augmentation, replacement, exchange and storage for these
purposes.
5.6.1. Storage shall be in the reservoirs described in this Application and any amounts
diverted and stored therein shall count against the fill of those storage rights.
5.7. Augmentation Use. The well structures in this application may be used for out of priority
diversions which will be augmented pursuant to the augmentation plan decreed in Case
No. 19CW3236 or such other augmentation plan as applicant may later be decreed.
5.8. Names and addresses of owners, if other than Applicant, of land on which structures are
located:
St. Vrain Lakes Metropolitan District No. 1 c/o Pinnacle Consulting Group, 550 West
Eisenhower Blvd., Loveland, CO 80537.
6. Vogl-Stinar Well Field
6.1. Well Permit Nos. Well permits for the Vogl-Stinar Well Field wells will be obtained prior
to the drilling of any wells.
6.2. Legal Description of Well Field. In the NE I/4 of the SW j/4 of Section 36, Township 3
North, Range 68 West of the 6th P.M., Weld County, Colorado.
6.3. Source. Alluvial groundwater tributary to St. Vrain Creek.
6.4. Appropriation Date. December 11, 2024.
6.5. Amount. A combined diversion of 3,120 g.p.m.
6.6. Proposed Uses. All municipal uses including direct flow, recharge and storage with the
right to make successive use of the water to extinction, or disposition for all beneficial
uses of the municipal water system of Firestone as it currently exists or exists in the future,
including, but not limited to, municipal, domestic, irrigation, commercial, industrial,
recreation, fish and wildlife, augmentation, replacement, exchange and storage for these
purposes.
6.6.1. Storage shall be in the reservoirs described in this Application and any amounts
diverted and stored therein shall count against the fill of those storage rights.
6.7. Augmentation Use. The well structures in this application may be used for out of priority
diversions which will be augmented pursuant to the augmentation plan decreed in Case
No. 19CW3236 or such other augmentation plan as applicant may later be decreed.
6.8. Names and addresses of owners, if other than Applicant, of land on which structures are
located:
Johnny E. Vogl, James Richard Vogl, Jerrilyn L. Stinar, Margaret L. Vogl, & Debra J.
Stinar, 11995 County Road 11 1/4, Longmont, CO 80504.
7. Acord Well Field
7.1. Well Permit Nos. Well permits for Acord Well Field wells will be operated prior to the
drilling of any wells.
7.2. Legal Description of Well Field. In the NW 1/4 of the NW 1/4 of Section 32, Township 3
North, Range 67 West of the 6th P.M., Weld County, Colorado, and in the SW 1/4 of the
SW 1/4 of Section 29, Township 3 North, Range 67 West, of the 6th P.M., Weld County,
Colorado, lying North of St. Vrain Creek.
7.3. Source. Alluvial groundwater tributary to St. Vrain Creek.
7.4. Appropriation Date. December 11, 2024.
7.5. Amount. A combined diversion of 3,168 g.p.m.
7.6. Proposed Uses. All municipal uses including direct flow, recharge and storage with the
right to make successive use of the water to extinction, or disposition for all beneficial
uses of the municipal water system of Firestone as it currently exists or exists in the future,
including, but not limited to, municipal, domestic, irrigation, commercial, industrial,
recreation, fish and wildlife, augmentation, replacement, exchange and storage for these
purposes.
7.6.1. Storage shall be in the reservoirs described in this Application and any amounts
diverted and stored therein shall count against the fill of those storage rights.
7.7. Augmented Use. The well structures in this application may be used for out of priority
diversions which will be augmented pursuant to the augmentation plan decreed in Case
No. 19CW3236 or such other augmentation plan as applicant may later be decreed.
7.8. Names and addresses of owners, if other than Applicant, of land on which structures are
located:
Acord St. Vrain Valley Ranch LLC, 7541 County Road 26 3/4, Longmont, CO 80504.
Dated , 2024.
LAWRENCE CUSTER GRASMICK JONES & DONOVAN LLP
Wesley S. Knoll, #48747
Jacklyn P. Gunn, #59386
E-uled per Ride 121 duly signed copy on file at the
law offices of Lawrence Custer Grasinick Jones & Donovan LLP
VERIFICATION
I, Julie Pasillas, Director of Public Works for the Town of Firestone, declare under penalty of
perjury under the law of Colorado that the foregoing is true and correct.
Executed on the
At
day of
(date) (month)
(city or other location, and state OR country)
(printed name)
(signature)
E -filed per Rule 121 duly signed copy on file at the
law offices of Lawrence Custer Grasmick Jones & Donovan LLP
2024,