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HomeMy WebLinkAboutRESOLUTION 07-89RESOLUTION #7-89 A RESOLUTION AUTHORIZING THE EXECUTION OF A TEMPORARY USE PERMIT WHEREAS,the Town of Estes Park purchased substantially all of the assets of Crystal Water Company,including the right to 414 acre feet of Colorado Big Thompson Project Water allotted to Crystal Water Company,and WHEREAS,Crystal Water Company has executed an Application to Release Water Allotment Contract,and WHEREAS,it is necessary for the Town to apply to the Northern Colorado Water Conservancy District for a Temporary Use Permit with regard to the 414 acre feet of Colorado Big Thompson Project Water referred to above. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.The appropriate officials of the Town of Estes Park are hereby authorized to execute the Temporary Use Permit,a copy of which is attached hereto as Exhibit “A”and incorporated herein by reference,and forward the same to the Northern Colorado Water Conservancy District for action by the Board of Directors of said District. ADOPTED THIS _____ day of February,1989. TOWN OF ESTES PARK,COLORADO By: ______________ ATTEST: 4J Town Clerk 0 0 January 1978 NITHERN COLORADO WATER CONSERVANCY DISuUCT TEMPORARY USE PERMIT WHEREAS,the Town XdXof Estes Park ,hereinafter referred to as “Permittee” has by Resolution adopted on ___________________________ of 19__authorized the undersigned to apply for the temporary use of 414 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 Water Conservancy District;and WHEREAS,the Board of Directors of said District is mpowered to allocate,reallocate,transfer,sell,lease 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 agrees to 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 41 4 acre-feet of water,referred to above at the rate of $10.50 per acre-foot for the year ending March 1,19_9.L,with payment in full 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 1,19_91,but said contract may be renewed annually for an additional one-year period by appropriate application to the Board of Directors of Northern Colorado Water Conservancy District.Payment in full at the rate set by the Board of Directors of the Northern Colorado Water Conservancy District for the use of the water during the year covered by the renewal must accompany the renewal application. The Board of Directors of said District shall take action upon such renewal application at the regular meeting of said Board for the month of March. If the renewal application and advance payment thereon is not received by the District prior to March 1,or if the renewal thereof Is denied by the Board of the District,the Permthee shall have no further right or Interest in the use of the water covered by this Permit and any advance payment submitted for the renewal year shall be refunded. (4)At any time during the term of this contract or during any renewal term hereof,the Permittee may elect to apply to the Board of Directors for the perpetual use of the water covered herein by the execution of a permanent contract as provided under Class B of the Water Conservancy Act.If a Class B 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 Contract by the District shall automatically terminate the Temporary Use Contract. (5)In the event that no application is made by the Permittee for the renewal of this contract as provided in Art.(3) hereof and if no application is made for a Class B 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 Permiftee. (6)Permittee agrees to be bound by the Provisions of the Water Conservancy Act of Colorado and the rules and regulations of the Board of Directors of said District and that this contract shall be subject to the repayment contracts 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 DIK’X OF ESPS PARK By___ AUEST: ORDER ON APPLICATION Application having 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 ____________ acre- feet of water is hereby made to the City of ______________________________, 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 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_ ATE EST: ____________________________________ Secretary 0•0