HomeMy WebLinkAboutORDINANCE 10-80o 0
ORDINANCE NO.10—80
AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE
OF WATER ON BEHALF OF THE TOWN OF ESTES.PARK,COLORADO,
A MUNICIPAL CORPORATION,AND PRESCRIBING THE TERMS FOR
APPLICATION FOR AN ALLOTMENT OF WATER TO SAID TOWN OF
ESTES PARK BY NORTHERN COLORADO WATER CONSERVANCY
DISTRICT.
WHEREAS,under the Water Conservancy Act of Colorado,Title 37,Article 45,
Colorado Revised Statutes of 1973,it is necessary that the Beard of Trusteesof the
Town of Estes Park,a Colorado municipal corporation (hereinafter calied “Applicant’),
in order to obtain an allotment contract for the beneficial use of water from
Northern Colorado Water Conservancy District,shall by ordinance,authorize and
direct the Mayor and Town Clerk
to apply to the Board of Directors of said District for such water allotment contract.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF IRE TOWN OFESTES PARK,
COLORADO:
Section 1:That the Town of Estes Park elects to apply for an allotment
contract providing for the beneficial use of ninety-five (95)acre—feet of water
from Northern Colorado Water Conservancy District.
Section 2:That the Mayor and Town Clerk
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be and are hereby authorized and directed to apply to the Board of
Directors of said Northern Colorado Water Conservancy District for a contract allotting
to the Applicant the beneficial use of water upon terms prescribed by said Board,in
the manner and form as this section provided,to-wit:
APPLICATION TO
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR
WATER ALLOTMENT CONTRACT
Applicant,Town of Estes Park,a Colorado municipal corporation,hereby applies
to Northern Colorado Water Conservancy District,a political subdivision of the State
of Colorado,organized and existing by virtue of Title 37,Article 45,Colorado
Revised Statutes,1973,for an allotment contract for beneficial use of water under
the following terms and conditions:
1.The quantity of water herein requested by Applicant for annual application
to beneficial use is ninety—five (95)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 allotted by
the Board of Directors of said District shall be for 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 allotment (whether water service is provided by
direct delivery,by exchange,or otherwise)shall be situated within the boundaries
of Northern Colorado Water Conservancy DistrIct.
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3.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 the District to be
available for delivery from the water supplies of the District.Applicant
agrees that such water shall be delivered from the works of the District at
—such existing District delivery point or points as may be specified by the
Applicant and that the water delivery obligation of the District shall ter
minate upon release of water from said works.Further,the Applicant agrees
that on November 1 of each year,any water undelivered from the annual quan
tity made available to the Applicant shall revert to the water supplies of
the District.
4.Applicant agrees to pay annually for the amount of water herein
allotted by the Board of Directors of said District 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 the District that the initial payment is
due hereunder.Said notice will advise the Applicant,among other things,
of the water delivery year to which the initial payment shall apply and
the price per acre—foot which is applicable to that year.Annual payments
for each year thereafter shall be made by the Applicant on or before each
October 1 at the rate per acre—foot established by the Board for municipal
water allotments in that year.
If an annual payment,as herein provided,is not made by due date,
written notice thereof,by certified mall,will be given by said District
to the Applicant at the following address:P.0.Box 1200,Estes Park,
Colorado 80517
If payment is not made within thirty (30)days after the date of said
written notice,Applicant shall have no further right,title,or interest
under this contract;and the allotment of water,as herein made,shall be
disposed of at the discretion of the Board of Directors of said District.
5.As security to the District,the Applicant agrees that the foregoing
covenant of annual payments will be fully met by annual budget and appropri
ation of funds from such sources of revenues as may be legally available to
said Applicant.
6.Applicant agrees that the water allotment shall be beneficially used
for the purposes and in the manner specified herein,and that this agreement
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 said District.
7.Applicant agrees to be bound by the provisions of the Water Conservancy
Act of Colorado;by the Rules and Regulations of the Board of Directors of said
District;and by the repayment contract of July 5,1938,between said District
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 said District if and when the Board of said Dis
trict finds and determines that such an agreement is required by reason of
additional or special services requested by the Applicant and provided by the
District.Said agreement may contain,but not be limited to,provision for
water delivery at times or by means not provided within the terms of standard
allotment contracts of the District;additional annual monetary consideration
for extension of District delivery services and for additional administration,
operation and maintenance costs;or for other costs to the District which may
arise through provision of services to the Applicant.
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Section 3:In the opinion of the Board of Trus’tees of the Town of Estea Park,
the acquisition of a water allotment contract from Northern Colorado Water
Conservancy District and the right to the beneficial use of water thereunder by
said Town of Estes Park is necessary;that the continued acquisition and use of
this water supply Is essential for the well—being of the community and for the
preservation of the public peace,health,and safety;and that the adequate
protection of the health of the inhabitants of the community requires an immedi—
—ate increase in Applicant’s water supply.It is,therefore,declared that an
emergency exists;that this ordinance shall take effect as an emergency measure
and that it shall be published in the manner and shall take effect as provided
by the statutes of the State of Colorado or charter of the Applicant.
Passed and adopted,signed,and approved this 22nd day of April
A.D.,19 80
TOWN OF ESTES PARK
By________________
ATTEST:
ORDER ON APPLICATION
Application having been made by or on behalf of all parties interested in
the water allotment and after a Heating by the Board,it is hereby ORDERED that
the above application be granted and an allotment contract for ninety—five (95)
acre—feet of water is hereby made to the Town of Estes Park,a Colorado municipal
corporation,for the beneficial uses set forth In said application upon the terms,
conditions,and manner of payment as therein specified.
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
By
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President
I hereby certify that the above Order was entered by the Directors of
Northern Colorado Water Conservancy District on the
_________
day of
_____
A.D.,19
ATTEST:
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Secretary