HomeMy WebLinkAbout23-14 Approving Filling of Water Court Application Reservoir No. 3 1-11-2023RESOLUTION NO.23-14
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 FIRESTONE RESERVOIR NO.3
WHEREAS, Pursuant to Resolution No. 22-98, dated and adopted August IOth, 2022,
Firestone entered into a Purchase and Sale Agreement with L.G. Eversit Incorporated ("LGE") for
the purchase of a certain parcel of land located in Section 32, Township 3 North, Range 67 West,
6th P.M., Weld County, Colorado ("Property") as well as certain shares of stock in the Last Chance
Ditch Company represented by Stock Certificate Nos. 80, 81 and 83 historically used on the
Property; and
WHEREAS, Pursuant to the Purchase and Sale Agreement, LGE will develop a lined water
storage reservoir on the Property known as the Firestone Pit, also known as Firestone Reservoir
No. 3; and
WHEREAS, the Board of Trustees finds it in the best interest of the Town of Firestone and
its citizens to appropriate a water right for the storage of water in the Firestone Reservoir No. 3
and seek a decree confirming the water right for Firestone Reservoir No. 3 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, Firestone desires to appropriate water rights for appropriative rights of
substitution and exchange on St. Vrain Creek to move water between its infrastructure projects;
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:
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 Firestone Reservoir No. 3 and appropriative rights of substitution and exchange 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
fintherance of the objectives set forth herein prior to the date of this resolution are hereby
ratified and endorsed by the Board of Trustees.
PASSED AND ADOPTED this 1 I th day of January, 2023.
TOWN OF FIRESTONE, COLORADO
DISTRICT COURT, WATER DIVISION 1,
WELD COUNTY, COLORADO
901 9th Ave.
P. O. Box 2038
Greeley, CO 80632
CONCERNING TIIE APPLICATION FOR WATER
RIGHTS OF:
TOWN OF FIRESTONE I ♦COURT USE ONLY
IN BOULDER AND WELD
Bradley C. Grasmick, 435055
Wesley S. Knoll, #48747
David L. Strait, #52659
Lawrence Custer Grasmick Jones & Donovan, LLP
5245 Ronald Reagan Blvd., Suite 1 Case No. 23CW
Johnstown, CO 80534
Telephone: (970) 622-8181
Email: brad(d),lcwaterlaw.com; wcs(a,lcwatcrlaw.com;
dstrait(&Icwaterlaw.com
APPLICATION FOR CONDITIONAL WATER STORAGE RIGHT AND
APPROPRIATIVE RIGHT OF EXCHANGE
1. Name, mailing address and telephone number of Applicant. The Town of Firestone, 9950
Park Ave, CO 80504, (303) 833-3291.
CLAIM FOR CONDITIONAL WATER STORAGE RIGHT
2. Name of Reservoir: Firestone Reservoir No. 3.
2.1. Location of structure: Firestone Reservoir No. 3 is located in Section 32,
Township 3 North, Range 67 West, 6th P.M., Weld County, Colorado.
2.2. Sources: Water tributary to the South Platte River from Boulder Creek, Idaho
Creek, St. Vrain Creek and all drainages intercepted by the Rural Ditch and Last Chance
Ditch, including Godding Hollow and Mayfield Hollow.
2.3. Points of Diversion:
2.3.L The Last Chance Ditch Diversion Structure which diverts water from St. Vrain
Creek in the SE 1/4 of the NW'/4 Section 3, Township 2 North, Range 68, West of
the 6th P.M., Weld County, Colorado.
2.3.2. The Rural Ditch Diversion which diverts water from Boulder Creek in the NE'/4
of Section 20, Township 2 North, Range 68 West, 6th P.M., Weld County,
Colorado.
2.3.3. Firestone Reservoir No. 3 Pump Station: to be located on the South Bank of the
St. Vrain Creek in the NW '/4 of Section 32 Township 3 North, Range 67 West, 6th
P.M., Weld County, Colorado.
3. Appropriation Date: The date of filing of this Application.
4. How Appropriation was Initiated: By the formation of intent to appropriate executing a
purchase agreement for the water storage facility, and resolution by the Board of Trustees.
5. Amount Claimed: The following values are preliminary and are subject to modification
upwards or downwards as the Applicant obtains additional information:
5.1. An initial fill of 7,264 acre-feet, conditional.
5.2. One annual refill up to 7,264 acre-feet, conditional.
5.3. The Last Chance Ditch Diversion: 50 cfs, conditional.
5.4. The Rural Ditch Diversion: 50 cfs, conditional.
6. Proposed Uses: Recreation and piscatorial uses within the storage cells; 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 and wildlife, augmentation, recharge, replacement, exchange and storage for these
purpose. Applicant claims the right to totally consume the consumable portion of the water,
either by first use, successive use, or disposition. The water right may be used as source of
substitution and replacement supply in the plans for augmentation, for replacing well
depletions and return flows. The water right may be leased to others for use.
APPROPRIATIVE RIGHTS OF EXCHANGE
Description of exchange: Applicant seeks the adjudication of an appropriative right of
exchange from the outflow of the St. Vrain Wastewater Treatment Plant to the Last Chance
Ditch Diversion and the Rural Ditch Diversion.
7.1. Exchange from point: The outflow of the St. Vrain Wastewater Treatment Plant
located in the SW '/4 of the NF. '/4 of Section 31, Township 2 North, Range 67 West of
the 6th P.M.
7.2. Exchange to points:
7.2.1. The Last Chance Ditch Diversion from the St. Vrain Creek in the SE '/4 of the NW
'/4 Section 3, Township 2 North, Range 68, West of the 6th P.M., Weld County,
Colorado.
7.2.2. The Rural Ditch Diversion from Boulder Creek in the NE'/4 of Section 20,
Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado.
7.3. Sources of substitute supply: Fully consumable effluent available to the Town of
Firestone, augmentation credits in excess of Firestone's replacement obligation, the
Firestone Reservoir No. 3 storage water right claimed in this Application.
7.4. Amounts Claimed:
7.4.1. 50 efs, conditional, for water exchanged through the Last Chance Ditch Diversion
7.4.2. 50 cfs, conditional, for water exchanged through the Rural Ditch Diversion.
8. Appropriation Date: The date of tiling of this Application.
9. How Appropriation was Initiated: By the formation of intent to appropriate executing a
purchase agreement for the water storage facility, and resolution by the Board of Trustees.
10. Proposed Uses: Water diverted by this exchange shall be used for all municipal uses
including 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. Storage of the exchanged water shall be in any
reservoir which can take delivery from the Rural and Last Chance Ditch systems, including
Firestone Reservoir Nos. 1, 2 and 3.
APPROPRIATIVE RIGHT OF SUBSTITUTION
11. Description of the Substitution. At times Firestone's water storage right for Firestone
Reservoir No. 3 is not in priority and there is water naturally flowing in the Last Chance
Ditch which is not otherwise being delivered to a structure on the Last Chance Ditch,
Firestone intends to divert such water in substitution for water that is legally and physically
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available to Firestone in St. Vrain Creek where the Last Chance Ditch drains to St. Vrain
Creek.
11.1. Diversion Point. The inlet to Firestone Reservoir No. 3 located in See. 32,
Township 3 North, Range 67 West of the 6ch P.M.
11.2. Sources of substitute supply: Fully consumable effluent available to the Town of
Firestone in St. Vrain Creek, augmentation credits in excess of Firestone's replacement
obligation in St. Vrain Creek.
1 13. Amount Claimed: 50 cfs, conditional at the inlet to Firestone Reservoir No. 3
12. Appropriation Date: The date of filing of this Application.
13. How Appropriation was Initiated: By the formation of intent to appropriate executing
purchase agreement for the water storage facility, and resolution by the Board of Trustees.
14. Proposed Uses: Water diverted by this substitution shall be used for all municipal uses
including 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.
15. Names and addresses of owners of land on which structures are located:
15.1. L.G. Everist, Inc., 7321 E 88th Ave., Suite 200, Henderson, CO 90640.
15.2. Rural Ditch Company, 735 Bowen, Longmont, CO 80501.
15.3. Last Chance Ditch Company, P.O. Box 119 Longmont, CO 80502-0119
15.4. Acord St. Vrain Valley Ranch, LLC 7541 County Road 26 3/4, Longmont, CO
80504
DATED
LAWRENCE CUSTER GRASMICK JONES & DONOVAN, LLP
Bradley C. Grasmick, #35055
Wesley S. Knoll, #48747
David L. Strait, #52659
Attorneys for Applicant
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Pursuant to Rule 121, a printed or printable copy of the document bearing the original, electronic, or scanned
signature is on file at the law offices of Lawrence Custer GrasmickJones & Donovan, LLP
VERIFICATION
I declare under penalty of perjury under the law of Colorado that the foregoing is true and
correct.
Executed on this /I L day of
(date) i
Printed Name
The person signing this Verification is: —
and state or country)
Engineer, zother Mayor-
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on a true and correct copy of the
foregoing was duly delivered to all parties of record via Colorado Courts E-Filing:
Pursuant to Rule 121, a printed or printable copy of the document bearing the original, electronic, or scanned
signature is on file at the law offices of Lawrence Custer GrasmtckJones & Donovan, LLP