HomeMy WebLinkAbout20100572.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR FULTON DITCH WATER RIGHTS AND
AUTHORIZE CHAIR TO SIGN - PETROCCO FARMS, C/0 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 2010 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 December 31, 2010, 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 2010 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., 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 22nd day of March A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ♦ ?,o`� .�
ougla Radema er, Chair
Weld County Clerk to th:o
gg /� ` �j 7
, 1 r�s/� � LIV 2,,cit/LL
i p ' :t ,t rbara Kirkmeyer, Pr -TemBY:
Deputy Clerk to the Bo -�
Sean P. Cor.�i
2 --y
APP AS TO
� `am . Garcia
ounty Attorney E
David E. Long
3/s�/!o
Date of signature: UUU
2010-0572
BC0041
�� : fit)66/66- t �� (BO a.3/St40
MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: March 17, 2010
FROM: Clay Kimmi, P.E., CFM, Public Works
SUBJECT: Lease Agreement for Fulton Ditch Shares
COLORADO
Please place the attached agreements on the BOCC Agenda. Once the agreements have been
signed, please return one signed original back to me.
The agreement is between the David Petrocco Farms, Inc. and Weld County for the lease of 28
shares of Fulton 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. Mr.
Petrocco leased the water from us for the 2009 irrigation season.
For the 2010 irrigation season, Mr. Petrocco desires to lease the water at the rate of $42 per
share for a total of$1,176. The $1,176 received from Mr. Petrocco will cover the cost of the
assessment charged by the ditch company.
Mr. Petrocco 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, 2010.
I will plan on attending the BOCC hearing to answer any questions that the Board may have
regarding this agreement.
•
•
Page I of I
M:\Clay\Water RightsWalton Ditch\Fulton Ditch Lease Memo to Clerk to the Board 3-17-10 docx 2010-0572
a
t(
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WL:LD.CO.US
C PHONE: (970) 356-4000, EXT. 7
FAX: (970) 304-6497
COLORADO
March 2, 2010 •
Dave Petrocco, Sr.
Petrocco Farms
14110 Brighton Road
Brighton, CO 80601
RE: Lease of Twenty-Eight Shares of Fulton Ditch for the 2010 Irrigation Season
Dear Mr. Petrocco, Sr.:
It is my understanding that you wish to lease twenty-eight (28) shares of Fulton Ditch from
Weld County for the 2010 irrigation season. You understand that this 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 $42/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 $1,176 (28 shares x $42/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, 2010. Please
send irrigation records to:
Michelle Hatcher
Clear Water Solutions, Inc.
8010 S. County Road 5, Ste. 105
Windsor, CO 80528
Page 1 of 1
M\Clay\Water Rights\Fulton Ditch\Fulton Ditch Lease Letter 3-2-1O doc
JDJ 7O1
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.
Yours truly,
Clay Kimmi, P.E., CFM
Weld County Public Works
yy �4 r MAR 2 2 2010
otnig...rs
Douglas Radem Cher Chair Date
Board of County Commissioners
i
3—/s'ie
D e P co, . Date
Original: Dave Petrocco
CC to File: Fulton Ditch 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\Fulton Ditch\Fulton Ditch Lease Letter 3-2-10.doc
Hello