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HomeMy WebLinkAbout20-11 Colorado-Big Thompson Water ProjectRESOLUTION 1140.20-11 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN APPLICATION TO THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR AN ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. � 37-45-131 WHEREAS, the Town of Firestone ("Town") must, in accordance with state law, annually apply to the Northern Colorado Water Conservancy District for its beneficial use of 87 acre feet of Colorado -Big Thompson Project Water; and WHEREAS, such water must be used in accordance with the terms and conditions set forth in the application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Board of Trustees of the Town of Firestone ("Town") approves the Town's Application to the Northern Colorado Water Conservancy District for Annually Renewable Perpetual Water Contract for Right to Use Colorado -Big Thompson Project Water under C.R.S. 5 3745431, asset forth in the copy attached hereto and made a part of this resolution. The Mayor is authorized to execute the Application on behalf of the Town. INTRODUCED, READ AND ADOPTED this 8th day of January, 2020. ATTEST: Koenig, T AS William �1R�Si0 TOWN. F.FIR `'. A ,= Bobbi Sindelar, 00 ar Y, CO�- RM: Town Attorney CK�71[�77_\i7�7 p, a APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 3745431 Applicant, Town of Firestone, a Colorado municipal corporation acting in its governmental capacity or a water activity enterprise (circle capacity in which applicant is acting), hereby applies to Northern Water, a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is 87 acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of Northern Water shall be primarily for municipal, domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Water, 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one -three -hundred -ten -thousandth (1/310,000) of Lite quantity of water annually declared by the Board of Directors of Northern Water to be available for delivery fiom the water supplies of Northern Water. Applicant agrees that such water shall be delivered from the works of Northern Water at such existing Northern Water delivery point or points as may be specified by the Applicant and that the water delivery obligation of Northern Water shall terminate upon release of water fiom said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of Northern Water, 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of Northern Water at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from Northern Water that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by Northern Water to the Applicant at the following address: P.O. Box 100, Firestone, Colorado 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no fiuther right, title, or interest under this contracts and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of Northern Water. Any proceeds fiom any sale of the right of use to another allottee shall be paid to Applicant over and above Northern Water's actual expense in terminating and disposing of the contract right of use. 5. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further notice of Northern Water; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water• allocation shall be beneficially used for• the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of Northern Water, 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; the rules, regulations and policies of the Board of Directors of Northern Water as they now exist or as they exist in the future; and by the Repayment Contract of July 5, 1938, between Northern Water and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with Northern Water if and when the Board of Northern Water finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by Northern Water. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of Northern Water, additional annual monetary consideration for extension of Northern Water delivery services and for additional administration, operation and maintenance costs; or for other costs to Northern Water which may arise through provision of services to the Applicant.