HomeMy WebLinkAbout20110802.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR LUPTON BOTTOM WEST LATERAL DITCH
WATER RIGHTS AND AUTHORIZE CHAIR TO SIGN -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 2011 Irrigation Season between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Joe Miller,
13912 County Road 19, Platteville, Colorado 80651, commencing upon full execution, and ending
November 30, 2011,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 2011 Irrigation Season between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and 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 28th day of March A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: -/ ,C g �clot arbara Kirkmey , Chair
Weld County Clerk r MI • ~• g ,
/ � • � �t�s, 7�-�' /`;, Sean P. Co w y, Pro-Tem
BY:
Deputy Clerk to the-�:'"!�► ;� (�Q '
William F. Garcia
APP D AS EXCUSED
''FG� — David E. Long _
un Attorney c�� r r V /6-41-.-
Douglas Vadema er
Date of signature: 9/77P
one 4"� u •�3 • 2011-0802
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BC0042
1 86 1 - 201 1 MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: March 23, 2011
W E O N T Y FROM: Clay Kimmi, P.E., CFM, Public Works
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.
The agreement is between Miller Farms and Weld County for the lease of 2 shares of Lupton Bottom
Ditch water. 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 try to lease the
water each year to show continued use of the water. Miller Farms has leased the water from us for the
2009 and 2010 irrigation seasons.
For the 2011 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 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, 2011.
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. Petrocco.
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M.Clay`.Water Right Lupton Bottom DitchALupton Bottom Ditch Lease Memo to Clerk to the Board 3-23-I1 doc
2011-0802
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1 8 6 1 - 2 0 1 1 PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
WELD___-€ 0 N T f PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
March 14, 2011
Mr. Joe Miller
13912 County Road 19
Platteville, CO 80651
RE: Lease of Two Lupton Bottom West Lateral Shares for the 2011 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 2011 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 and send your payment to:
Barb Connolly, Controller
Weld County
PO Box 758
Greely, CO 80632
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, 2011. Please send irrigation records to:
Michelle Hatcher
Clear Water Solutions, Inc.
8010 S. County Road 5, Ste. 105
Windsor, CO 80528
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M:\Clay\Water Rights\Lupton Bottom Ditch\2011 Lutpon Bottom Lease Letter-Miller 3-2011.docx
If you are agreeable, please sign both of the originals and return to my office. 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.
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,
' 111 ti--715-
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Clay Kimmi, P.E., CFM
Weld County Public Works
MAR 2 13 2011
rbara Kirkmeyer Chair Date
Board of County Commissioners
4,,,t)Faml Far Date
MOW
Original: Joe Miller
CC to File: Lupton Bottom Water Rights
Bruce Barker, Weld County Attorney
Monica Mika, Weld County Finance Director
PC by Post: Michelle Hatcher, Clear Water Solutions,Inc.
Page 2 of 2
M:\Clay\Water Rights\Lupton Bottom Ditch\2011 Lutpon Bottom Lease Letter-Miller 3-2011.docx
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