HomeMy WebLinkAbout20130996.tiffRESOLUTION
RE: APPROVE LEASE AGREEMENT FOR FULTON DITCH WATER RIGHTS AND
AUTHORIZE CHAIR TO SIGN - FEHRN BROS., C/O WILLIAM AND LAWRENCE FEHRN
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 Fulton Ditch Water
Rights for the 2013 Irrigation Season between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Fehrn Bros., c/o William and
Lawrence Fehrn, 1845 14th Street, Fort Lupton, Colorado 80621, commencing upon full execution,
and ending November 30, 2013, with further 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 Fulton Ditch Water Rights for the 2013 Irrigation
Season between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Fehrn Bros., do William and Lawrence Fehrn, 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 24th day of April A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD TY, COLORADO
ATTEST:
Iliam F. Garcia. Chair
Weld County Clerk to the Boa
BY:
Deputy Clerk
the Boar
Barbara Kirkmeyer
an P. Conway
APPROVED AS�T�'FORM:
Mike F
ounTy Attorney
MAY 0 7 2013
Date of signature:
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2013-0996
BC0044
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
April 12, 2013
Fehrn Bros
Attention: William and Lawrence Fehrn
1845 14th St
Fort Lupton, CO 80621
RE: Lease of Twenty -Eight Shares of Fulton Ditch for the 2013 Irrigation Season
Dear Mr. Fehrn,
It is my understanding that you wish to lease twenty-eight (28) shares of Fulton Ditch from Weld
County for the 2013 irrigation season at a rate of $52/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 $52/share, the total cost for the 28 shares is
$1,456 (28 shares x $52/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 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 of this letter and return the originals along with a
check for $1,456 made payable to Weld County 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.
Page 1 of 2
M:\Clay\Water Rights\Fulton Ditch\2013 Hilton Lease Letter -Fehrn docx
Yours truly,
Clay Kimmi, P.E., CFM
Weld County Public Works
William F. Garcia, Chair
Board of County Commissioners
Fehrn Bros.
Original:
CC to File:
PC by Post:
Fehrn Bros.
Fulton Ditch Water Rights
Bruce Barker, Weld County
Barb Connolly, Weld County
Michelle Hatcher, Clear Water Solutions, Inc.
APR 2 4 2013
Date
Date
Page 2 of 2
M:\Clay\Water Rights\Fulton Ditch\2013 Fulton Lease Letter -Fehrn.docx
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MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: April 22, 2013
FROM: Clay Kimmi, P.E., CFM, Public Works
SUBJECT: Lease Agreement for Fulton 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 28 shares of Fulton
Ditch water to Fehrn Bros. 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 tc show continued use of the water. 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. Two bids were received for the lease of the Fulton Ditch shares. For the 2013 irrigation season,
Fehrn Bros. desires to lease the water at the rate of $52 per share for a total of $1,456. The $1,456
received from Fehrn Bros. will cover the cost of the assessment charged by the ditch company.
Fehrn Bros. 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. Fehrn.
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M AClay\Wafer Rights\Futton Ditclaulton Ditch Lease Memo to Cltrk to the Board 4-2213 docx
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