HomeMy WebLinkAbout20123605.tiff RESOLUTION
RE: APPROVE FILING OF GEISERT PIT WATER STORAGE RIGHT WITH DIVISION 1
WATER COURT AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY
DOCUMENTS
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 request from the Weld County
Department of Public Works to file a water storage right on the Geisert Pit with the Division 1
Water Court, and
WHEREAS, Weld County issued a request for a bid to design and construct a slurry wall
around the Geisert Pit on February 9, 2011, and
WHEREAS, Weld County submitted an amendment to the Colorado Division of
Reclamation, Mining and Safety, on March 11, 2011, to amend the reclamation use on Mining
Permit Number M1978210 from recreation to water storage, and
WHEREAS, the Colorado Division of Reclamation, Mining and Safety, approved the
change of reclamation use on Mining Permit Number M1978210 from recreation to water
storage on July 26, 2011, and
WHEREAS, the Board signed a contract with Hall-Irwin Construction to design and
construct a slurry wall around the Geisert Pit on April 11, 2011, and
WHEREAS, the Colorado Division of Water Resources approved the slurry wall leak test
on August 3, 2012, and
WHEREAS, the Board desires to utilize the gravel pits to store water for augmentation
uses, agricultural uses, industrial uses, mineral resource development uses, mining operations
and construction of public works projects, including operating air emissions control devices;
controlling fugitive particulate emissions; washing and processing sand, gravel and aggregate;
washing equipment; accounting for evaporative losses of water from mined materials stockpiled
or removed from the site; irrigating and reclaiming mine site; maintaining wetlands; construction
and maintenance of roads, irrigation of landscaping, reclamation of construction sites for public
facilities, fire suppression, and emergency response.
(otittl)i) 2012-3605
��- / EG0066
FILING OF GEISERT PIT WATER STORAGE RIGHT WITH DIVISION 1 COURT
PAGE 2
WHEREAS, after review, the Board deems it advisable to approve the filing of the
Geisert Pit Water Storage Right with the Division 1 Water Court.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the filing of the Geisert Pit Water Storage Right with the Division 1
Water Court be, and hereby is, approved. Staff and consultants are directed to take all actions
necessary to adjudicate a water right for the Giesert Pit and file an application to fill the pit from
a point of diversion located on the north bank of the Cache la Poudre River in the NE1/4 of the
SW1/4 of Section 31, Township 6 North, Range 65 West at a rate of 40 cfs for storage of up to
2,200 acre feet with a right to fill and refill the pit for all beneficial uses stated herein. Any and
all prior actions of the County staff, consultants or individual commissioners related to the
appropriation of a water right for the Giesert Pit is hereby ratified and approved.
BE IT FURTHER RESOLVED, by the Board that the Chair be, and hereby is, authorized
to sign all necessary documents.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of December, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
° ,�� -�
tn' A ° f .` S n P. nw Chair
Weld County Clerk to the Boafti�b , t ; _ 7 BY: ,. Aa
I [4 �:,_ i F. Ga , o-T m'
Deputy Clerk to the Board �_I.2__.--. a K rkmeyer �
AP O ED A M: zi- -k
David E. Long
unt ttorney d Cc
Douglas ademach
Date of signature: DEC 2 0 2012
2012-3605
EG0066
BOARD OF COUNTY COMMISSIONERS
PASS AROUND/WORK SESSION COVER LETTER
Department/Office: Public Works Date: December 12, 2012
Person requesting work session: Clay Kimmi Extension: 3741
Recommended length of time needed for discussion: 15 minutes
In addition to yourself and the board,who should attend? David Bauer, Elizabeth Relford, Bruce
Barker
Brief description of the issue:
At the annual water rights update to the BOCC, Brad Grasmick(Water Rights Attorney)recommended
that the Board file a storage water right for the Geisert Pit before the end of 2012 in order to obtain a 2012
water right. A slurry wall was constructed around the Geisert Pit with the intent of completing the mining
of the sand and gravel resource and then converting the pits over to water storage. Filing of the storage
right will enable the County to store water in the pit for its own uses or lease the water right. If the Board
should decide to sell the pits for water storage at some point in the future, the storage right becomes a
marketable asset.
According to the Water Rights Attorney, in order to file the storage right on the Geisert Pit,the Board has
to sign a Resolution indicating it is the County's intent to store water in the pits. In order to obtain a 2012
water right, the water right application has to be filed with the Division 1 Water Court prior to December
31, 2012. Therefore, staff is requesting a Resolution be placed on the next available BOCC agenda.
Options for the board:
1. Review the Draft Resolution and allow it to be placed on the next available BOCC Agenda.
2. Have a work session to further discuss the Resolution.
3. Delay the filing which will result in a more junior water right.
Recommendation to the board:
Staff recommends placing the Resolution to File for a Water Storage Right on the next available BOCC
agenda in order to allow Brad Grasmick sufficient time to file a water storage right application with the
Division 1 Water Court.
Approve Schedule
Recommendation Work Session Other
Sean P. Conway,Chair
William F. Garcia,Pro-Tem
Barbara Kirkmeyer _SEC Itlf/i£2H&2 E/ 9,4/L--
David E. Long
Douglas Rademacher
C:\Users\egesick\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook XI K6CPOS\Geisert Storage Right Work
Session Request I2-12-12.doc
Jennifer Fuller
From: Barbara Kirkmeyer
Sent: Thursday, December 13, 2012 7:42 AM
To: Elizabeth Relford
Cc: Clayton D. Kimmi; Jennifer Fuller; William Garcia; Douglas Rademacher; Sean Conway; Dave
Long; Don Warden; Monica Mika; David Bauer; Wayne Howard; Jay McDonald; Mike Bedell
Subject: Re: Nissen Pit Recommendation
Yes on Geisert.The board needs to discuss Nissen
Thanks
Sent from my iPhone
On Dec 13, 2012, at 6:46 AM, "Elizabeth Relford" <erelford@co.weld.co.us>wrote:
Commissioner Kirkmeyer,
For clarification,you are ok with moving forward with the Geisert Pit water storage right Resolution, but
want a work session on the Nissen Pit?
Elizabeth
Weld County
Public Works Department
On Dec 12, 2012, at 10:58 PM, "Barbara Kirkmeyer" <bkirkmever@co.weld.co.us>wrote:
Jenny
Please set up a work session on this. Half hour.
Thanks
Sent from my iPhone
On Dec 12, 2012, at 7:40 AM, "Clayton D. Kimmi" <CKimmi@co.weld.co.us>wrote:
All,
Attached is the Public Works recommendation regarding the Nissen
Gravel Pit that Hall-Irwin and Bestway Concrete talked to us about back
in November. Please contact Dave or I if you have any questions.
Clay Kimmi, P.E., CFM
Drainage & Floodplain Engineer
Weld County Public Works
1111 H St
PO Box 758
Greeley, CO 80632-0758
O: 970-304-6496 x 3741
F: 970-304-6497
1
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