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Home My WebLink AboutRESOLUTION 09-060 0 RESOLUTION 9-06 WHEREAS,the Town of Estes Park,Colorado (the “Town’)has executed a Water Lease Agreement with the Continental Water Bank (“Continental”);and WHEREAS,pursuant to the provisions of that Lease Continental is required to transfer Colorado Big Thompson Water to the Town to replace any releases by the Town of Windy Gap water pursuant to the terms of the Water Lease Agreement;and WHEREAS,Continental has made arrangements with a third party to transfer six units of CBT water to the Town as required in the Water Lease Agreement;and WHEREAS,the Town needs to approve and execute the Temporary Use Permit of the Northern Colorado Water Conservancy District to complete the transfer of the CBT water. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO that: 1.The Board hereby authorizes the submittal of an Application for a Temporary Use Permit for 6 acre-feet of Colorado-Big Thompson Project water. 2.The Board hereby authorizes the Mayor and the Town Clerk to file all necessary applications and documents with the Northern Colorado Water Conservancy District to complete the transfer of the water. INTRODUCES,READ,AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of____________ 2006. TOWN OF ESTES PARK,COLORADO Mayor Clerk SFEIDAWT REGARDING BASE WATER SUPPLY State of Colorado ) .:,j ‘4,9 lIE” County of Larimer )- With respect to the application of Town of Estes Park change or modii’an existing Colorado-Big Thompson (C-Si’)Project water allo4iik’C’“C contract,.or-for a’new C-ST water allotment contract,the following statements’true and correct [check box next to each statementj: Statements I through 4 apply only if the water being transferred is to betzse4 for1 . irrigation purposes. ‘•J :‘Z?. C 1.The C-ST water is intended to be used for irrigation purposes and the lands on which the C-ST water will be used have an existing base water supply that is owned or permanently controlled by the applicant. [1 2.The C-ST water is intended to be used for irrigation purposes and the lands on which the C-ST water will be used have a history of irrigation with a base water supply. C 3.The C-BT water is intended to be used for irrigation purposes on lands that have historically been Irrigated with a base water supply and none of the base water supply associated with those lands,that was not rented or leased,has been sold or permanently transferred for use outside the boundaries of the Northern Colorado Water Conservancy District (District)after February 14,1997. 0 4.The C-ST water is intended to be used for irrigation purposes on lands that have historically been irrigated with a base water supply and not more than 50%of the base water supply that was owned or permanently controlled and beneficially used on those lands has been sold or permanently transferred for use on other lands or for other purposes after February 14,1997. Statements 5 and 6 apply only jf the water being transferred is to be used for purposes other than irrigation. 5.The C-ST water is intended to be used for non-irrigation purposes and none of the historic base water supply of the applicant,that was not rented or leased, has been sold or permanently transferred for use outside the boundaries of the District after February 14,1997. o 6.The C-ST water is intended to be used for non-irrigation purposes and not more than 50%of the base water supply that was owned or permanently controlled and beneficially used by the applicant has been sold or permanently transferred for other purposes after February 14,1997. For purposes of the above statements,base water supply is defined as any permanent water supply other than water supplies yielded from the C-BT Project. 9’at&1 ignature] [Sfgnaturej [Signaturej [Signaturej (Signaturel NOTE:Signatures must be acknowledged in space provided on the back ofthisfonn. [AND-Ajj\CONLEY\FQRM5\ArF(vAvr.FRM on k-t Zcoc. S ______ on My commission expires: (Sea]) Notary Public Subscribed and sworn to before me by on My commission expires: (Seal) Notary Public Subscribed and sworn to before me by on My commission expires: —. ‘ (Seal) Notary Public Subscribed and sworn to before me by on A (Seal) My commission expires: Notary Public 0 ‘y’(%0ij4 and sworn to before me by 0 commission expires: p N4aiy Public *fl’tt tflfl Wflfl%40’A WCIfl flrr COR! fl CQPe NORTHERN COLORADO WATER CONSERVANCY DISTRICT TEMPORARY USE PERMIT WHEREAS,the Town of Estes Park ,hereinafter referred to as “Permittee,”has by Resolution adopted on _______________________________________________ authorized the undersigned to apply for the temporary use of _______________ acre-feet of water which were originally contracted to certain other allottees and were subsequently removed therefrom by appropriate action of the Board of Directors of Northern Colorado Waler Conservancy District;and WHEREAS,the Board of Directors of said District is empowered to allocate,reallocate,transfer,self,lea’se or otherwise dispose of the use of water by term contracts; NOW,THEREFORE,in consideration of the mutual covenants herein contained,it is hereby mutually agreed by and between the parties as follows: (1)The District hereby approves the use by the Permittee of such portion of the above amount of water as may be declared by the Board of Directors of said District to be available for delivery. (2)Permittee agrees to pay for said 6 acre-feet of water,referred to above at the rate of $21.80 per acre-foot for the year ending March 1,2007 ,with payment in fult to be made by said Permittee within 15 days after the date of a notice from the District that the initial payment is due hereunder, (3)Permittee agrees that this contract shall terminate on March 1,2007 (4)At any time during the term of this contract,the Permittee may elect to apply to the Board of Directors for the perpetual use of (he water covered herein by the execution ofa permanent contract as provided underClass B or Section 131 contract of the WaterConservancy Act,If a Class B or Section 131 contract is approved by the Board of Directors of the District and the transfer of water allotment is ordered thereon,the execution of such Class B or Section 131 contract by the District shall automatically terminate the Temporary Use Coniract. (5)In the event that no application is made b9 the Permittee for a Class B or Section 131 contract as provided in Art.(4)hereof or,if either of these applications are made and are denied by the Board of Directors of Northern Colorado Water Conservancy District,no further right or interest in the water covered by this Permit shall attach to said Permittee. (6)Permittee agrees to be bound by the Provisions of the Water Conservancy Act of Colorado,the rules and regulations,and policies of the Board of Directors of said District and the Repayment Contract between said District and the United States, (7)Permittee agrees that,without approval of the Board of Directors of the District,no permanent assignment may be made of the use of any of the water herein contracted. TOWN OF ESTES PARK ORDER ON APPLICATION ing been made by or on behalf of all parties interested in the water allotment and after a Hearing by the Board,it is hereby ORDERED that the above application be granted and an allotment contract for 6 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 uion the terms,conditions,and manner of payment as therein specified. NORTHERN COLORADO WATER CONSERVANCY DISTRICT By President I hereby certify that the above Order was entered by the Directors of Northern Colorado Water Conservancy District on the __________ day of __________________ - AUEST. Secretary