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Home My WebLink AboutORDINANCE 15-71Q C ORD6NACE O.5-71 A ORDINANCE TO APPLY AND CC4TtCT F DEEFOCiAL USE O WATER ON DEI-iALF CF YE TOWN OF ESIES PARK,COLORADO A1UiiCiPiL CCROATlC,AD PRESc G fE TERS FOR AP?LiCATlc FOR A ALLOThET OF hATER TO SAID TOWN OF ESTES PARR DV ORR CCLCRi)O W CO1SERVANCY DSTRIC1. W-iEREAS,under the Water Conservancy Act of Colorado,Chapter 150—5 of the Colorado Revised Statutes of 1963,it is necessary that the Town Board of the 1c.:n of Eses Park,a Coiorado municipal corporation (here— melter caRed ‘Ppp1ican”),n order to o5tan a alIotcnt contract ror the beneficial use of waerfron iorthern Coloraeo Water Conservancy Ds— trict,shall iy ordi_ce,eunottze and omrect he Mayor and Town Clerk to apply to the Board of Directors of said District for such water allotment contract. NOW,I .EFDRE,E Ii 0RA)DY TE TOWN DOARD OF ThE TOWN OF ESIES PARK,COLGRA Section 1:That the Town of Estes Park CICOtS to apoiy for an allotment contreet providng for the beneficial use of,three hundred fifty—five (355) acre—feet of water frcn orthern Colorado Water Conservancy DistrIct. •Section 2:That the Mayor and Town Clerk of A?pl cnt and era hereo’j authorao and e rocted to apply to tne Board o-Directors of said ‘iorthern olorado Water onservancy Dmstrmct ror a contract aottin to the Applicant the beneficial use of water upon terms prescribed by said Board,in the ianner and form as this section provided, to—wi t: APPLlCATON TO NORTh’ERN COLORADO WATER CONSERVANCY DISTRICT —f t vv’I I..%i1 Apflcant,Town of Estes Park,a Colbrado municipal corporatin,hereby pplie to Northern Colorado Water Conservancy District,a poit!cal suS— division of the State of Colorado,or9anizcd and existing by virtue of Chapter 150—5,Colorado Revised Statutes,19G3,for an allotment contract for beneficial use of wetet under the fo cwng terms and conditions: I.The çuentty of water herein requested by Applicant for en.al application to beneficial use is three ;undrcd fifty—five (355)acre—feet to be used so lon9 as tne ippimcent uiy compiles with aR oi tne terms,cnciitmons, and obligations nereinaftor set iorh. .It is understooc and agreed by the Apphcant tnat any water allotted by the Board of Directors of said District shall be or domestic,irrigation, or industrial use within or through facilitio or upon lands owned or served by said AppNcant,provided however,thai all lends,facilities,an serviced areas whch recetvc bcneflt from the allotment (whether water sericc is pro— visee ay direct aetivery,by cxchar.ce,or otherwse)shall e stueted wtnmn the ooundarias ol Jortern oiorodo .:tar Conservancy Dmstrct. 3.AppReant arecs that an acre—foot of water as re;rro to he(ein 15 def I ned as bei n c —tnree—hundrad—ten-thousandth (1/3lu,v)o inc quanti ty of water annuaJy declared by the Board of Directors of the Distrct tO be awliablc for delivery from the water supp1i of the District.Applicant agrees that such water shall be delivered from the works of the ülstlct at such exs ng DstrIct dci lvory poInt or points as nay be spucificc Sy the App1icat and that the water delivery obligation 01 the District shaL ter— minete upon release of water frc.said works.Further,the .pplicant agrees that on november l of each year,any water undelivored from the annual quan tity m:d available to the Applicant shall revert to the water supplies of the Dstrict. •0 ... 0 pilcent agrees to pay annually for the amount of water herein allotted by the Coard of Directors of said District at a price per acre— foot to be fixed annually by said Coard;and further,ccrees that the annual ent shaH be made,in fu1,within f teen (35)days after the date or notice frc tic Dstrict that the intia)payment is due hereunder.Said notice will advise the p cent,aong other things, of the water cehvory year to wcich the inio paycnt shaH apply nd the price per acrc-foot which is pcabte to that year.Iinnual pants for cccii year thereafter shall be made cy the Applicant on or before each Cctoer at the rate per acre-foot estc1ishcd by the Coard for cunicipai wCtcr lotmants in that year. en annual pey:Dnt,as heroin provided,is not made by duo date, written notice thereo,by certficd mail,wilt be given by said Dstrct to the AppHcant at the following address:P.0.Box 1200 Estes Park,Colorado 60l7 If payment is not made within thirty (30)dy after the date of said written notice,Applicant shaH have no vurthor rigt,title,or interest der this contrect;and tne allotment or water,as herein made,shall be esposcd or at the dscretion o the Doard or Ci roctors of said Distrct. 5.As security to the District,the Applicant agrees that the -oregoung covenant or annual payients will be fuly mat by annual budget and appropri ation or runes rroii sucn sources of revenues as may be legally available to soic pplIcant. 6.Applicant agrees that tiie water allotment shall be benericially ucd vor the purposes and in tna manner specified heroin,and that this agreement is made vor te exclusive benerit of tne Applicant and shall not inure to the benefit of any successors or assigns of said .ppllcant without prior specific e,proval of the Doard of Directors of said District. 7.Appflcant agrees to be bound by the provisions of the Water Conservancy Act of Colorado;by the Rules nd Regulations of the oard of Directors of said Dstrict;nd by the rcpay:t contract o July 5,l93,between said District and the Uni tcd States end a I aiencents thereof and supplements thereto. 8.ApplIcant agrees,as a condition of this contract,to enter into an “cpcrating Agreeient”with said District if and when the Coard of said Dis trict rinds and determines that such an agrecant is required by reason or additional or special services racuetcd by the pphcant and provided by tne District.Said agree:.:ant may contcn,but not be limited to,provision for water delivery at times or by means not provided iithin the terms of standard allotment contracts of the District;additional annual monetary consideration for extension of District delivery services and for additional administration, cperetlcn end maintenance costs;or for other costs to the District which may arise through provision of services to the Applicant. SectIon 3:iii the opInlo of the Town Coerd of the Town of Estes Park, the acquisition of a water allotment conttact frcm Northern Coiordo Jater Conservancy Dstrict ena a rIgit to the cenoviclal use or water tere— under y said of Ezts Pari i necessary;that the continued acquisition and use of this water suzply is essential for the wel)belng of the ccm.’.u— nity and for the preservation of the public pence,health,and safety;and that tno adequate protection of the heath o ha innabitants o the cc— munity rc.çuircs an im:2diata increase in Applicant’s water supply.it 5, therevore,declared that an emergency exists;that this ordinance shall take cfcct as en cergency cicasure and that it shall be published in the menor and shall tekc effect as provided by the statutes of the State of or charter of the Applicant. Q Pesed and aeptcd,stgced,.end approved this July 19 71 day of i3W O ESiS PAR( Ey Mayor C-, ATTEST: /// /.-‘/71 /1 ,////- 7’////1 L L// Town Clerk ORDER ON LCAIC Aplcation hovng been rade by or on behalf of all parties Interested in the water lotmnt and after a earing by the oard,it is hereby ORDERED tret the above apphcatcn be granted end an a otant contract for three hundred fifty—five 355)acre—feet of water is hereby tiade to the To of Este Park,a Coloraco runcipal corporation,lot the beneficial USC5 set forth in sad app1icaton upan the terms,condcaons,and manner or payent as thcrei specified. NCRIERN COLORADO WATER CO-SERWNCY DISThICT 7 President /%_. I horeb’j certify that the above Order ias entered by the 0 rectors of Northern Colorado Water Conservancy District on the — -day of Auoust A.D.,19