HomeMy WebLinkAbout20131078.tiffRESOLUTION
RE: APPROVE LEASE AGREEMENT FOR LUPTON BOTTOM DITCH SHARES AND
AUTHORIZE CHAIR TO SIGN - MILLER FARMS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Lease Agreement for Lupton Bottom
Ditch Shares between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Miller Farms,
commencing April 10, 2013, with terms and conditions being as stated in said lease agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said lease agreement,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Lease Agreement for Lupton Bottom Ditch Shares between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Works, and Miller Farms, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of May, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD GO•UN '. COLORADO
ATTEST:
Weld County Clerk to the
BY:
Deputy Clerk to the Bo
APP
Date of signature: 's7e0
o, y Att.rney
William F. Garcia, Chair
C.Icifces
ouglai Rademacher, Pro-Tem
Mike Freeman
EXCUSED
Barbara Kirkmeyer
2013-1078
BC0044
RECEIVED
APR 2 6 2013
MEMORANDUM WELD COUNTY
COMMISSIONERS
TO: Esther Gesick, Clerk to the Board DATE: April 25, 2013
FROM: Clay Kimmi, P.E., CFM, Public Works
SUBJECT: Lease Agreement for Lupton Bottom Ditch Shares
Please place the attached agreements on the BOCC Agenda. Once the agreements have been signed,
please return one signed original back to me.
On Wednesday, April 10, 2013, the BOCC accepted and approved the bid to lease 2 shares of Lupton
Bottom Ditch water to Miller Farms for agricultural use. The ditch shares are currently owned by Weld
County for use in a future water court case. Since the ditch shares are not currently allocated to any
substitute water supply plan, we lease the water each year to show continued use of the water. Failure to
show continued use of the water will severely injure the County's ability to use the water for future
augmentation uses.
We published a bid advertisement in the Greeley Tribune, Fort Lupton Press, and Lost Creek Times
announcing the acceptance of bids for the lease of the ditch shares. We also notified the Ditch Company
and previous bidders. One bid was received for the lease of the Lupton Bottom Ditch shares. For the
2013 irrigation season, Miller Farms desires to lease the water at the rate of $1,200 per share for a total
of $2,400. The $2,400 received from Miller Farms will more than cover the cost of the assessment
charged by the ditch company.
Miller Farms has agreed to provide our right rights engineer, Clear Water Solutions, with the type of crops
grown, location of the crops grown, and the amount of water used prior to November 30, 2013.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
Once the agreements have been signed, please send one of them back to me so that I can provide it to
Mr. Miller.
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M \Clay\Water Rights\Lupton Bottom Ditch\Lupton Bottom Ditch Lease Memo to Clerk to the Board 4-25-13. docx
2013-1078
April 12, 2013
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
Mr. Joe Miller
13912 County Road 19
Platteville, CO 80651
RE: Lease of Two Lupton Bottom West Lateral Shares for the 2013 Irrigation
Season
Dear Mr. Miller:
It is my understanding that you wish to lease two (2) shares of Lupton Bottoms from
Weld County for the 2013 irrigation season at a rate of $1,200/share. This lease is for a
single year and the lease for this year in no way guarantees you the right to lease those
shares in any subsequent year. Based on your bid amount of $1,200/share, the total
cost for the two shares is $2,400 (2 shares x $1,200/share). Please make your check
payable to Weld County.
Weld County also requires that you provide records at the conclusion of the irrigation
season regarding the amount of water diverted, a legal description of the irrigated
acreage, and the crops irrigated with the shares leased from Weld County. You agree
. to provide that information via letter and form provided by Clear Water Solutions prior to
November 30, 2013. Please send irrigation records to:
Clear Water Solutions, Inc.
Attention: Michelle Hatcher
8010 S. County Road 5, Ste. 105
Windsor, CO 80528
If you are agreeable, please sign two copies and return with a check for $2,400 to me.
The agreement will become final once it is ratified by the Board of County
Commissioners in a regular business meeting. One of the fully executed originals will
then be returned to you for your records.
If you have any questions, please feel free to contact me at 970-304-6496 x 3741 or
Michelle Hatcher at 970-223-3706.
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M:\Clay\Water Rights\Lupton Bottom Ditch\2013 Lutpon Bottom Lease Letter - Miller.docz
Yours truly,
Clay Kimmi, P.E., CFM
Weld County Public Works
MAY 0 1 2013
William F. Garcia, Chair Date
Board of r CC^!y rc......i.C'r... r.
Date
Original: Joe Miller
CC to File: Lupton Bottom Water Rights
Bruce Barker, Weld County
Barb Connolly, Weld County
PC by Post: Michelle Hatcher, Clear Water Solutions, Inc.
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M:\Clay\Water Rights\Lupton Bottom Ditch\2013 Lutpon Bottom Lease Letter - Millerdocx
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