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HomeMy WebLinkAbout25-28 Water Court Litigation Participation Policy 02-26-2025RESOLUTION IN "a 25"Za A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING A POLICY REGARDING THE TOWN'S PARTICIPATION IN WATER COURT LITIGATION WHEREAS, the Town of Firestone (the "Town") owns numerous water rights and continues to acquire and appropriate additional water rights as it diversifies its water rights portfolio; and WHEREAS, the Town has participated in water court proceedings as both an applicant and in opposition to applications made on behalf of other water rights owners, and WHEREAS, the Town's participation as an opposer in water court proceedings is necessary and appropriate to protect and preserve the interests of the Town and its water rights; and WHEREAS, the Town recognizes the necessity to establish a formal procedure of approval of statements of opposition and settlement agreements in water matters affecting the Town's interests; and WHEREAS, in order to effectively and efficiently participate in water court proceedings for applications filed by other parties, staff recommends the Board of Trustees adopt the proposed Policy, which sets forth guidance by which the Town Manager shall act on behalf of the Town in water court proceedings where the Town has filed a statement of opposition to a water court application; and WHEREAS, staff also recommends that the Board of Trustees confer the Town Manager with the authority to direct the Town's consultants and water counsel on the ng of statements of opposition, participation in water court proceedings for the protection of the TOwn's interests and approval of settlements for those proceedings as more fully described in the Policy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: l . The Policy is approved in substantially the same form as the copy attached hereto and made part of this Resolution. 2. The Town Manager is authorized to direct water counsel opposition in litigation matters related to water court proceedings, which includes filing a statement of opposition, making decisions during the opposition process, and concluding the opposition as outlined in the attached Policy. Administrative Policy Regarding the Town of Firestone's Participation in Water Court Proceedings It is the Policy of the Town of Firestone ("Town") that the following procedures shall be used to guide the Town Manager in directing the Town's consultants and water counsel regarding the filing of statements of opposition, participating in water court proceedings and resolving the Town's participation in water court proceedings through approval of certain settlements. 1. Need for Policy. The need for this Policy arises from the necessity to efficiently and effectively manage legal and administrative matters which impact the Town's interest regarding its water rights. The Policy authorizes the Town Manager to act in the best interest of the Town, and ensures timely responses to water -related legal matters. 2. Water Matters. The Town iates its participation in water court cases submitted by other parties in Water Court Division lby filing a Statement of Opposition. The purpose of participating as an opposer in such proceedings is to safeguard the water resources that are vital to the Town. This participation is essential to ensure the preservation of the quantity and quality of the Town's water rights. By engaging in these legal proceedings, the Town is committed to defending its water rights and interests against adverse claims and actions that may compromise the availability and sustainability of the Town's water supply. 3. Goals of the Policy. The goal of this Policy is to: (1) ensure the Town is proactively engaged in legal proceedings to defend against adverse claims that may threaten the Town's water rights, (2) foster an efficient and timely decision -making process in water - related matters, and (3) resolve the Town's participation in water court proceedings quickly and efficiently. 4. Scope of Approval. This Policy delegates authority to the Town Manager to act on behalf of the Town regarding the following matters and duties. The Town Manager is authorized to approve: a. The filing of statements of opposition in response to applications for water rights, change in water rights, augmentation plans, or other water -related actions that may adversely affect the Town's water interests. b. The hiring of engineering consultants to review materials and produce reports to support the Town's position regarding matters before the Water Court. c. Filing or responding to motions concerning cases in which the Town participates, including motions for summary judgment, determination of a question of law, reconsideration, and motions in limme. d. Settlements related to disputes where the Town has filed a statement of opposition over water rights, provided that such settlements do not result in the relinquishment of the Town's water rights or adversely affect the Town's water interests in a manner that is deemed significant by the Town Manager. i. The Town Manager will consult with the Board and obtain Board approval for any settlement that necessitates future expenditures of Town funds or commits the Town to take an action that extends beyond the jurisdiction of the water court. e. All other such decisions as are reasonable and appropriate regarding the Town's participation in water court proceedings. 5. Reporting. The Town Manager shall provide regular updates to the Board of Trustees as appropriate concerning the Town's participation in water court proceedings. 6. Policy Review. The Town Manager will be responsible for the ongoing review of this Policy and may make recommendations to the Board for amendments to the policy as appropriate.