HomeMy WebLinkAbout20120865.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR FULTON DITCH WATER RIGHTS AND
AUTHORIZE CHAIR TO SIGN - PETROCCO FARMS, CIO DAVID PETROCCO, SR.
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 2012 Irrigation Season between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Petrocco Farms, do David
Petrocco, Sr., 14110 Brighton Road, Brighton, Colorado 80601, commencing upon full execution,
and ending November 30, 2012, 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 2012 Irrigation
Season between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Petrocco Farms, c/o David Petrocco, Sr., 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 28th day of March A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ' �,.�,
Sean P. Co way, Chair l 9Weld County Clerk to the Board \
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BY: aTh II
Deputy rk to the Boar•' (�R �� 4,Gu A-E1— ,
1861 st _ i bara Kirkmeyer /
APP AS TO � - , . 'NW.
A. David E. Long
ounty Attorney
•ugla• 'adema'her
Date of signature: -4-/1
eL PW 2012-0865
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�86w� MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: March 22, 2012
N T Y 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 Monday, March 19, 2012, the BOCC accepted and approved the bid to lease 28 shares of Fulton
Ditch water to Petrocco 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. 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. One bid was received for the lease of the Fulton
Ditch shares. For the 2012 irrigation season, Petrocco Farms desires to lease the water at the rate of
$44 per share for a total of$1,232. The $1,232 received from Mr. Petrocco will cover the cost of the
assessment charged by the ditch company.
Petrocco Farms has leased the water from us in the 2009, 2010, and 2011 irrigation seasons.
Petrocco 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, 2012.
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. and Mrs. Miller.
2012-0865
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M:\Clay\Water Rights\Fulton Ditchffulton Ditch Lease Memo to Clerk to the Board?-2I-!2.doc_
`' 1861 PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY,COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
2 �J
G O U N T PHONE: (970) 356-4000, EXT. 3750
FAX: (970)304-6497
March 19, 201210
Dave Petrocco, Sr.
Petrocco Farms
14110 Brighton Road
Brighton, CO 80601
RE: Lease of Twenty-Eight Shares of Fulton Ditch for the 2012 Irrigation Season
Dear Mr. Petrocco, Sr.:
It is my understandinVhat you wish to lease twenty-eight (28) shares of Fulton Ditch from Weld
County for the 201'b°rrigation season. You understand that this lease is for a single year and
that the lease for this year in no way guarantees you the right to lease those shares in any
subsequent year. The County will be willing to discuss lease opportunities on a year-to-year
basis. Weld County requests that you pay $44/share for 28 shares, which compensates the
County for the annual assessment, but the County will remain responsible for actual payments
of those assessments. The total cost for the 28 shares is $1,232 (28 shares x $44/share).
Weld County also requests 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, 2012. Please send
irrigation records to:
Michelle Hatcher
Clear Water Solutions, Inc.
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 $1,232 made payable to Weld County to me. The agreement will become final if 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.
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M:\Clay\Water Rights\Fulton Ditch\2011 Fulton Lease Letter-Petrocco 3-2012.docx
If you have any questions, please feel free to contact me at 970-304-6496 x 3741 or Michelle
Hatcher at 970-223-3706.
Yours truly,
Clay Kimmi, P.E., CFM
Weld County Public Works
MAR 2 8 2017
Sean Conway, Chair Date
Board of County Comrpissio s
Dave Petrocco, Sr. Date
Original: Dave Petrocco
CC to File: Fulton Ditch 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\Fulton Ditch\2011 Fulton Lease Letter-Petrocco 3-2012 docx
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