HomeMy WebLinkAboutORDINANCE 01-056 0
ORDINANCE NO.1-05
AN ORDINANCE TO APPLY AND CONTRACT FOR
BENEFICIAL USE OF WATER ON BEHALF OF THE
TOWN OF ESTES PARK,A MUNICIPAL CORPORATION,
AND PRESCRIBING THE TERMS FOR APPLICATION
FOR AN ALLOCATION OF THE RIGHT TO USE
COLORADO-BIG THOMPSON PROJECT 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 Board of Trustees of the
Town of Estes Park,a Colorado municipal corporation (hereinafter called “Applicant’),in
order to obtain the perpetual right to use Colorado-Big Thompson Project water on an
annually renewable basis under C.R.S.37-45-1 31 within the boundaries of the Northern
Colorado Water Conservancy District,by 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 contract.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO:
Section 1:That the Town of Estes Park has determined to apply for a contract
providing for the beneficiaT use of One (1)acre-foot of water from Northern Colorado
Water Conservancy District within the boundaries of the Northern Colorado Water
Conservancy District.
Section 2:That the Mayor and Town Clerk be and are hereby authorized and
directed to apply to the Board of Directors of said Northern Colorado Water
Conservancy District for a contract providing to the Applicant the beneficial use of water
upon terms prescribed by said Board in the manner and form as in this section
provided,to-wit:
APPLICATION TO
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR ANNUALLY RENEWABLE
PERPETUAL WATER CONTRACT FOR RIGHT TO USE
COLORADO-BIG THOMPSON PROJECT WATER
UNDER C.R.S.37-45-131
Applicant,Town of Estes Park,through its Board of Trustees acting as governing body
of a water activity enterprise,hereby applies to Northern Colorado Water Conservancy
CD
District,a political subdivision of the State of Colorado,organized and existing by virtue
of Title 37,Article 45,Colorado Revised Statutes,1973,for a contract for the right to
beneficially use Colorado-Big Thompson Project water under the following terms and
conditions:
1.The quantity of water herein requested by Applicant for annual application to
beneficial use is One (1)acre-foot 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 provided for use
under this contract by the Board of Directors of said District shall be primarily 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 use of water (whether water
service is provided by direct delivery,by exchange,or otherwise)shall be
situated within the boundaries of Northern Colorado Water Conservancy District.
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 terminate upon release of water from said works.
Further,the Applicant agrees that on November 1 of each year,any water
undelivered from the annual quantity made available to the Applicant shall revert
to the water supplies of the District.
4.Applicant agrees to pay annually in advance for the amount of water herein
provided for use under this contract by the Board of Directors of said District at a
price per acre4oot 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 year to which
the initial payment shall apply and the price per acre-foot which is applicable to
that year.Annual payments for each water year thereafter shall be made in
advance by the Applicant on or before each October 1 31 days prior to the start
of the water year,at the rate per acre-foot established by the Board for municipal
water use in that water year.For the purpose of this water contract,the water
year is defined to be from November 1 to October 31 of the following year.
If an annual payment as herein provided is not made by due date,written notice
thereof,by certified mail,will be given by said District to the Applicant at the
following address:P.0.Box 1200,Estes Park,CO 60517.
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Water deliveries shall be suspended as of November 1 of the new water year
until payment of the delinquency is made.If payment is not made within ninety
(90)days after the date of maihng of said written notice,Applicant shall have no
further right,title,or interest under this contract;and the right of use of water as
herein made,shall be disposed of at the discretion of the Board of Directors of
said District in accordance with the applicable provisions of C.R.S.Section 37-
45-132 and 7-42-104.Any proceeds from any sale of the right of use to another
allottee shall be paid to Applicant over and above the District’s actual expense in
terminating and disposing of the contract right of use.
5.This right of use shall be perpetual on an annually renewable basis.If the annual
payment is made as provided in this application,the right of use shall be
automaticafly renewed another water year without any further action of the
District;if the annual payment is not timely made,as provided above,the right of
use shall terminate.
6.Applicant agrees that the water allocation shall be beneficially used for the
purposes and in the manner specified herein,and that this right of use 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 Section 37-45-131;by the Rules and Regulations and policies 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 District 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 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.
Section 3:This Ordinance shall take effect and be enforced thirty (30)days after its
adoption and publication.
PASSED AND ADOPTED BY THE B9RD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS //—DAY OF
__________,
2005
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TOWN OF ESTES PARK
ATTEST:
Town Clerk
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ORDER ON APPLICATION
Application having been made by or on behalf of all parties interested in this allocation
of the right to use Colorado-Big Thompson Project water and after a Hearing by the
Board,it is hereby ORDERED that the above application be granted and an allotment
contract for One (1)acre-foot 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____________________________________
President
I hereby certify that the above Order was entered by the Directors of Northern Colorado
Water Conservancy District on the
___________________
day of
______________________AD.,
2005.
ATTEST:_____
Acting Secretary
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