HomeMy WebLinkAbout23-08 Approving Application Northern Colorado Water Conservancy District Right to Use Colorado-Big Thompson Project Water 01-11-2023RESOLUTION NO. 23-08
A RESOLUTION OF T14E 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 PROJECTWATER
UNDER C.R.S. § 3745-131
WHEREAS, the Town of Firestone ("Town") must, in accordance with state law, annually
apply to the Northem Colorado Water Conservancy District tbr its beneficial use of 4 acre foot
units of Colorado -Big Thompson project Water; and
WHEREAS, stich water must be used in accordance with the tenris and conditions set forth
in the application,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTFFS OF THE
ToWN OF FIRESTONE, COLORADO-
The Board offrustees of the Town of Firestone ("Town") approves the Tokvn'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 (,..R,S.
�37-45-13 1, as set forth in the copy attached hereto and tirade a part of this resolution, The
Mayor is authorized to execute the Application on behalf of the Town.
INTRODUCED, READ AND ADOPTED this I I th day of January, 2023,
T()W.TFF`lRF§,yONE, COLORADO
Drew Alan Peterson, May
ATTEsT:
MY'r, �iBaAo�Th"_C_Ierk I
APPk6VED AS TO NE
114, Auorney
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. 37-45-131
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 four 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.
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 the quantity of water annually
declared by the Board of Directors of Northern Water to be available for delivery
from 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 from said works.
Further, the Applicant agrees that on November I 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 Linder 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 I to October 31
of the following year.
If an annual payment as herein provided is not inade 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 I 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 further right,
title, or interest under this contract; 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 from any sale of the right of use to another allottce shaft 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 tunes 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.
9, Acquisition of this annually renewable peq)etual right of use water contract for the
Colorado-Big flionipson Project water from Northem Water and the right to tire
betreficial use of water thereunder by the Applicant is necessary; the continued
acquisition and rise of this water supply is essential for the well-being of the
cornrounity and for the preservation of the public peace, health, and safety; and the
adequate protection ofthe health of the inhabitants of the community,
�
^~^_—Applicant-~approvedApplication^
Signed this _I day of A.D, 2023.
TOWN OF FIR I,' STONE
ORDER ON APPLICATION
Application having been made by or on behalf of all parties interested in this allocation of the
right to use Colorado -Big Thompson Project water and after a Hearing by the Board, it is hereby
ORDERED that the above application be granted and an allotment contract for four acre-feet of
water is hereby made to the Town of Firestone, a Colorado municipal corporation, for the
beneficial uses set forth in said application upon the terms, conditions, and manner of payment as
therein specified,
M
President
I hereby certify that the above Order was entered by the Directors of Northern Colorado Water
Conservancy District on the day of I A.D., 2023.
F.1 111113