HomeMy WebLinkAbout25-38 Authorization for Change of Water Rights with 610 S. Main LLC 03-26-2025RESOLUTION NO. 25-38
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING THE AUTHORIZATION FOR CHANGE OF WATER
RIGHTS WITH 610 S. Main LLC.
WHEREAS, the Town of 1"irestone ("Town") owns numerous
shares of the Godding Ditch Company;
and
WfJEREAS. the Town is preparing to file a Nvater court application for the change, in use of its Godding
Ditch Company shares; and
WHEREAS, the To-wn has adopted a Native Water Dedication Policy for the dedication of native water
rights to the Town to satisfy certain requirements for land use applicants; and
WHEREAS, the Native Water Dedication Policy identifies shares in the Godding Ditch Company as a
preferred source of Native Water that may be dedicated; and
WHEREAS, to 10 S. Main, LLC is the owner of 50 shares of the Godding Ditch Company, which they
intend to dedicate to the Town pursuant to a future Native Water Dedication Agreement, and
WHEREAS, to be more efficient with the *fo-wn's wrater court filings, 610 S. Main, FIX has agreed to
allow the inclusion of its 50 shares of the (iodding Ditch Company in the xvMeter out application it is preparing,
subject to the Authorization for Change of Water Rights,
NOW, -r.14EREFORE, BE ff RESOI-,VED BY J-HE BOARD OFTRUSTEES OF THE'l-OWN OF
FIRESTONE, COLORADO:
i. fhe Authorization for Change of Water of Water Rights betvreen the Town ofFirestone and 610 S. Main,
LLC is approved in substantially the same form as the copy attached hereto and made a part of this
resolution and the Mayor is authorized to execute the Authorization on behalf of the Town.
PASSED AND ADOPTED this 26'r'day of March, 2025,
0
ATEST:
dire i adds Luna, CM�Cjown Clerk,
)WN( T: ,�CIIIXAIADO )011 Co J c 1. My
THIS AUTHORIZATION FOR CHANGE OF WATER RIGHTS ("Agreement"), dated
A4jjkT,h gly 2025, is made as offIAWh ZY
2025, by and between 610 S.
Main LLC and the Town of Firestone ("Town").
1. The undersigned is the Manager of 610 S. Main, LLC
2. 610 S. Main, LLC owns the property located at in the NW 1/4, the E!/2of the NE V4and the
NW 1/4of the SE V4of Section 12, Township 2 North, Range 67 West of the 6' P.M. as
well as 50 shares in the Godding Ditch Co. ("Godding Shares") which were historically
used on that property; and
3. 610 S. Main, LLC intends to dedicate the Godding Shares to the Town in compliance with
Town's Native Dedication Policy for property within the Town.
4. 610 S. Main LLC retains full ownership of the Godding Shares, including any and all
associated water rights, until such time as the shares are formally transferred pursuant to a
separate and duly executed dedication or transfer agreement. Nothing in this
Authorization shall be construed as a waiver or relinquishment of 610 S. Main LLC's
ownership or usage rights in the Godding Shares.
5. 610 S. Main, LLC has authorized the Town to file an application for the water rights and
changes to the Godding Shares, provided such change is in accordance with the following
terms and conditions of this Authorization:
A. Change of Godding Ditch Co. Shares. The Town will retain the current use of
irrigation for the Godding Shares, and the Godding Shares will not be converted to all
municipal uses until after the shares have been dedicated to the Town.
B. Dedication Fee. 610 S. Main,- LLC acknowledges that neither this Authorization nor
the inclusion of the Godding Shares in a change in use application waives or modifies
the Town's ability to charge and collect a dedication fee if and when the Godding
Shares are dedicated to the Town, provided that any such fee must be mutually agreed
upon or consistent with the Town's Native Dedication Policy as it exists at the time of
dedication.. 610 S. Main LLC acknowledges that the Town of Firestone typically
charges a flat fee of $200,000 for processing water rights through Water Court.
However, under this Agreement, 610 S. Main LLC shall only be responsible for no
more than its pro-rata share of the Water Court costs related to the Godding Shares.
This pro-rata share will only be payable if and when 610 S. Main LLC elects to
dedicate the Godding Shares to the Town. Until such election is made, 610 S. Main
LLC shall not be required to pay any portion of these Water Court costs except as
provided in Paragraph F.
C. Ownership. 610 S. Main, LLC will retain ownership of the Godding Shares and does
not by this Authorization convey any ownership interest in and to the Godding Shares
to the Town.
D. Catlin Application and Prosecution of Change in Use. 610 S. Main, LLC agrees to
cooperate with the Town, at no cost to 610 S. Main, LLC, in any Catlin Application to
the Godding Shares and in the prosecution of the change in use of the Godding Shares
as requested. As described in this Agreement, a Catlin Application is a legal process
to change the use of water rights, such as from irrigation to municipal use, while
preserving the historical water use and ensuring that other water users are not
negatively affected.
E. Town of Firestone Counsel's Scope. The To
wn's own's water counsel, under the direction
of the Town, will control and manage the filing, strategy, and finalization of the
change of use of the Godding Shares. Nothing herein shall create an attorney -client
relationship between the Town's water counsel and 610 S. Main, LLC. The Town
shall have the sole ability to diligently prosecute the change of use of the Godding
Shares, subject only to a request to withdraw the shares from the change of use as
described herein.
F. Developer Withdrawal of Change Case. 610 S. Main, LLC may request that the
change of use case of the Godding Shares be withdrawn at any time, with or without
cause. The Town shall promptly comply with any such request. However, 610 S.
Main, LLC shall pay any costs assessed by the Water Court arising out of the Town's
compliance with the withdrawal request. Upon 610 S. Main LLCs request for
withdrawal, the Town shall provide an estimate of any costs assessed by the Water
Court arising out of such withdrawal. 610 S. Main LLC shall have the right to
reconsider the withdrawal based on the estimated costs before finalizing the -request.
G. Cost Sharing. Except as expressly provided in this Agreement, 610 S. Main LLC
shall not be responsible for any costs or expenses arising from the prosecution, filing,
or modification of the change in use of the Godding Shares unless explicitly agreed to
in writing.
Town of Firestone
Date
Date o�17-6 , 25