HomeMy WebLinkAbout20120829.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR LUPTON BOTTOM WEST LATERAL DITCH
WATER RIGHTS AND AUTHORIZE CHAIR TO SIGN - MILLER FAMILY FARMS, C/O
JOE MILLER
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 West
Lateral 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 Miller Family
Farms, c/o Joe Miller, 13912 County Road 19, Platteville, Colorado 80651, 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 Lupton Bottom West Lateral 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 Miller Family Farms, do Joe Miller, 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 26th day of March A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Sean P. Co ay, Chair
Weld County Clerk to the Board �
��- % C,(5
/ 'Warn F. Garcia, Pro-T m
BY: �i�.
Deputy Cle to the Boar • `� % = �. , ' J-' .
Ito �(;C� iif1.-'j r ra Kirkmeyer
APP S RM: �I
%Eh1 h1avid E. Long
"county Attorney EXCUSED
Douglas Rademacher
Date of signature: 4-1O-i 3
O r 1 ���� 'Lk-' : P6,-) 2012-0829
3 - dlz-i BC0043
1861 • MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: March 21, 2012
FROM: Clay Kimmi, P.E., CFM, Public Works
GOB-N=-Y
SUBJECT: Lease Agreement for Lupton Bottom Ditch Shares
The attached agreement needs to be placed on the BOCC Agenda for a 9 am hearing at the earliest
possible convenience.
On Monday, March 19, 2012, 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. 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 Lupton Bottom Ditch shares. For the 2012 irrigation season, Miller Farms place a bid of$1,200 per
share for a total of$2,400. The$2,400 received from Miller Farms will cover the cost of the assessment
charged by the ditch company.
Miller Farms has leased the ditch shares from us in the 2009, 2010, and 2011 irrigation seasons. They
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.
2012-0829
Page I of 1
M.AClay\Water RightsVLupton Bottom Ditch\Lupton Bottom Ditch Lease Memo to Clerk to the Board 3-21-12.doc
PUBLIC WORKS DEPARTMENT
.;§. ,18_62.{ete 1111 H STREET, P.O. BOX 758
GREELEY,COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970)356-4000, EXT. 3750
COUNTY l FAX: (970) 304-6497
March 19, 2012
Mr. Joe Miller
13912 County Road 19
Platteville, CO 80651
RE: Lease of Two Lupton Bottom West Lateral Shares for the 2012 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 2012 irrigation 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 $1,200/share
for two 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 two shares is $2,400 (2 shares x $1,200/share). Please make your check
payable to Weld County
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 and return with a check for $2,400 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.
Page 1 of 2
M:\Clay\Water Rights\Lupton Bottom Ditch\2012 Lutpon Bottom Lease Letter-Miller 3-2012.docx
Y
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
c- MAR 262012
Sean Conway, Chair Date
Board of County Commi oners
filer Family Farms 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.
Page 2 of 2
M:\Clay\Water Rights\Lupton Bottom DitcM2012 Lutpon Bottom Lease Letter-Miller 3-2012.docx
c29/d 03'd9
Hello