HomeMy WebLinkAbout 19-04 Filing of Claims for Cond Water Rights 05CW355RESOLUTION 19-04
A RESOLUTION TO APPROVE OF FILING OF CERTAIN CLAIMS OF FOR
CONDITIONAL WATER RIGHTS FOR FIRESTONE RESERVOIRS 1 & 2; FOR THE
FILING OF CERTAIN CLAIMS FOR CONDITIONAL WATER RIGHTS TO THE
MOUNTAIN SHADOWS WELL, FIRESTONE TRAIL WELL FIELD, GOULD WELL
FIELD, VARRA WELL FIELD AND ST. VRAIN SANITATION DISTRICT WELL
FIELD; FOR A PLAN FOR AUGMENTATION; FOR THE CHANGE IN USE OF
CERTAIN SHARES IN THE NEW CONSOLIDATED LOWER BOULDER RESERVOIR
AND DITCH COMPANY AND THE RURAL DITCH COMPANY; AND FOR THE
CHANGE IN USE OF EXISTING WATER RIGHTS FOR FIRESTONE RESERVOIR 1
AS DECREED IN CASE NO, 05CW335, WATER COURT, DIVISION ONE.
WHEREAS, the Board of Trustees of the Town of Firestone (the "Town" or "Firestone") is vested
with the authority of administering the affairs of the Town of Firestone; and
WHEREAS, the Town of Firestone desires to appropriate conditional water rights, including for
storage, for Firestone Reservoir Nos. 1 & 2 and for the Firestone Central Park Reservoir; and
WHEREAS, the Town of Firestone also desires to appropriate conditional water rights for the
Mountain Shadows Well located in the NW 1/4 of the SE 1/4 of Section 1, Township 2 North, Range
68 West of the 61h P.M., the Firestone Trail Well Field located in the E %2 of the NW 1/4 of Section
6, Township 2 North, Range 67 West of the 6th P.M., the Gould Well Field located in the SW 1/4
of the SW 1/4 of Section 31, Township 3 North, Range 67 West of the 61h P.M., the Varra Well
Field located in the NE 1/4 of the SW %4 of Section 31, Township 3 North, Range 67 West of the 6th
P.M., and the St. Wain Sanitation District Well Field located in the NW 1/4 of the SE 1/4 and the
SW 1/4 of the NE %4 of Section 31, Township 3 North, Range 67 West of the 6th P.M., all in Weld
County, Colorado; and
WHEREAS, the Town of Firestone also desires to change the use of certain shares in the New
Consolidated Lower Boulder Ditch Company ("Lower Boulder") and the Rural Ditch Company,
which shall include the appropriation of any return flows from such change; and
WHEREAS, the Town of Firestone also desires to change the use of certain existing water rights
for Firestone Reservoir 1 which were decreed in Case No. OSCW335, Water Court, Division 1;
and
WHEREAS, the Board of Trustees by this Resolution desires to approve the appropriations and
change of water rights as described above and authorize their adjudication.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
1. Appropriation of Conditional Water Rights for Storage Reservoirs. The Board authorizes
the filing of an application to appropriate conditional water rights for Firestone Reservoir
No. 1, Firestone Reservoir No. 2 and the Firestone Central Park Reservoir. The beneficial
uses of such conditional water rights shall include all municipal uses, including storage,
augmentation, recharge, irrigation, commercial, industrial, substitution and exchange as
well as recreation and piscatorial uses within the reservoirs. The Town of Firestone will
fill each reservoir to capacity with an initial fill and one refill annually. The as -built storage
capacity for the Firestone Reservoir No. 1 is 1,218.62 acre-feet. The anticipated as -built
storage capacities for Firestone Reservoir No. 2 and the Firestone Central Park Reservoir
are 1,200 acre-feet and 100 acre-feet, respectively. The initial fill for the Firestone
Reservoir No. 1 may be diverted and stored under the 2005 water rights decreed in Case
No. 05CW335, up to the maximum amounts decreed in that case. Portions of the annual
refill for Firestone Reservoir No. 1 may be diverted and stored pursuant under the water
rights decreed in Case No. 05CW335 with the remainder of the refill to occur from the
appropriations described herein. The source of water used for the remainder of the re -fill
of Firestone Reservoir No. 1 shall be from Boulder Creek and St. Vrain Creek from the
appropriations of conditional water rights at the headgate for the Rural Ditch of 15 c.f.s.
and the Last Chance Ditch of 25 c.f.s. The source of water used to fill Firestone Reservoir
No. 2 shall be from Boulder Creek and St. Vrain Creek from the appropriations of
conditional water rights at the headgate for the Rural Ditch of 15 c.f.s. and the Last Chance
Ditch of 25 c.f.s. The source of water used to fill the Central Park Reservoir shall be from
Boulder Creek from and appropriation of a conditional water right at the headgate of the
Lower Boulder Ditch of 25 c.f.s. Each of the wells in listed in Paragraph 2 below may be
used to fill each of the storage reservoirs described herein.
2. Appropriation of Conditional Water Rights for Wells. The Board authorizes the filing of
an application to appropriate conditional water rights for the Mountain Shadows Well not
to exceed 800 g.p.m., the Gould Well Field for a combined appropriation of all wells not
to exceed 2,400 g.p.m., the Varra Well Field for a combined appropriation of all wells not
to exceed 2,400 g.p.m., the Firestone Trail Well Field for a combined appropriation of all
wells not to exceed 1,200 g.p.m. and the St. Vrain Sanitation District Well Field for a
combined appropriation of all wells not to exceed 2,400 g.p.m all in the locations described
in the recitals above. The beneficial uses of such conditional water rights shall include all
municipal uses, including storage, augmentation, recharge, irrigation, commercial,
industrial, substitution and exchange, as well as recreation and piscatorial uses within
reservoirs.
3. Plan for Augmentation. The Board authorizes the filing of a plan for augmentation to
include the out -of -priority diversions of water from those rights and structures as described
in Paragraph 2 of this Resolution, as well as additional out -of -priority diversions from
rights and structures which may be included in the plan in the future.
4. Change of Ditch Company Shares Owned by Firestone. The Board authorizes the filing of
a change of water rights for the 2.41 shares of Rural Ditch Company, the 3.97 Preferred
Shares and 6.6667 Common Shares of Lower Boulder owned by the Town 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. Additional Change of Ditch Company Shares. The Board authorizes the Filing of a change
of water rights for the 1.9 shares of Rural Ditch Company which is subject to that Option
to Purchase Agreement entered into by and between the Town and L.G. Everist, Inc. dated
December 20, 2018 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. Authorization for such a change was approved
by L.G. Everist, Inc. on July 13, 2018.
6. Change of Storage Reservoir Water Rights. The Board authorizes the filing of a change of
water rights for those conditional water rights described and decreed in Case No.
05CW335, Water Division One, Weld County, Colorado which were acquired by the Town
of Firestone and which shall be changed to include 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, recharge, replacement, exchange and storage for these purposes.
7. The Mayor, Town Manager and other officers, employees and agents of the Town are
authorized to take such actions as necessary in connection with the filing of the applications
contemplated in this Resolution.
8. All action taken prior to the date of this Resolution by the Board or the officers or agents
of the Board or the Town relating the applications contemplated herein are hereby ratified,
approved and confirmed.
9. Nothing in this Resolution is intended to nor should be construed to create any multiple -
fiscal year direct or indirect Town debt or fiscal obligation whatsoever.
10. If any portion of this Resolution is held to be unconstitutional or invalid for any reason,
such decision shall not affect the validity or constitutionality of the remaining portions of
this Resolution. The Board of Trustees hereby declares that it would have passed this
ordinance and each part or parts hereof irrespective of the fact that on part or parts be
declared unconstitutional or invalid.
INTRODUCED, READ AND ADOPTED this 23ra day of January, 2019.
ATTEST:
Leah Vanarsdall, Town Clerk
TOWN OF FIRESTONE, COLORADO
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