HomeMy WebLinkAbout25-88 Water Activity Enterprise Filing of Water Court Application for Change of Water Rights 08-13-2025RESOLUTION NO. 25-88
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, ACTING BY AND THROUGH ITS TOWN OF FIRESTONE WATER
ACTIVITY ENTERPRISE APPROVING THE FILING OF A WATER COURT
APPLICATION FOR CHANGE OF WATER RIGHTS
WHEREAS, the Town of Firestone owns or has been authorized to change the use of 79
shares in the Godding Ditch Company that historically benefited the Befus Farm, Cottonwood
Hollow Farm, Camenisch Farm, Azalea Farm, Lehr Farm, Hill Farm, Johnson Farm, and
Gregersen Farm (the "Godding Shares"); and
WHEREAS, the Godding Shares are currently decreed for irrigation use within the service
area of the Godding Ditch; and
WHEREAS, Firestone would benefit from changing the Godding Shares 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 change the use and seek a decree confirming the change of water rights associated
with the Godding Shares for use in the Town of Firestone's municipal water system, including by
lease to other parties, by filing an application with the Division One Water Court ("Water Court")
in substantially the same form as shown on the Application attached hereto and incorporated
herein;
WHEREAS, in order to effectively comply with certain provisions of the Bylaws of the
Godding Ditch Company, the Board of Trustees confers the Town Manager, or his or her designee,
with the authority to act on behalf of the Town in approving agreements with the Godding Ditch
Company as a prerequisite to filing the Application with the Water Court; and
WHEREAS, prosecution of the aforementioned Application and approval of such
agreements 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:
Section 1. The above Recitals and Findings of the Board of Trustees are hereby
incorporated into this Resolution.
Section 2. The Board of Trustees authorizes the filing of a Division One Water Court
Application for the change of water rights in substantially the same form as the copy attached
hereto and made part of this Resolution.
Section 3. The Town Manger or his or her designated Department Director further
authorized to do all things necessary and desirable on behalf of the Town to file the application
and prosecute the same to completion, including any final settlement with parties or appeal of any
final decision of the Water Court.
Section 4. The Town Manager is further authorized to execute any agreements with
the Godding Ditch Company, related to the Godding Ditch Company's approval of the Application
which the Town Manager deems necessary as a perquisite for filing the Application with the Water
Court.
Section 5. All actions taken by the Town Manager 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 13th day of August, 2025.
ATEST:
Mnidos Luna, CMC, Town Clerk
TOWN OF FIRE
I
Conyac Jr:,
COLORADO
APPROV AS TO FORM:
Marshall Keith Martin, Town Attorney