HomeMy WebLinkAbout20100571.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 2010 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
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 Lupton Bottom West Lateral 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 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 22nd day ofMarch A.D. , 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: n9 bSr,
-V ✓r Dougl�fs Rademacher, C it
Weld County Clerk to th' :: : 91)4.--1 /
0 , kmey o-Tem F C
-rbaCra Kirkmeyer, ro-Tem
Deputy Clerk to the Board �—r' C
Sean ay
APPROVAAS T i
/ . . lia F. rcia
ounty Attorney vc Fc
David E. Long
Date of signature: 3/d�Iio
2010-0571
B 0041
(e : Pwnl o2i ) O3/3/ 4o
MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: March 16, 2010
W Clay Kimmi, P.E., CFM, Public Works
IlDFROM:
C SUBJECT: Lease Agreement for Lupton Bottom West Lateral
COLORADO 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 the Joe Miller and Weld County for the lease of 2 shares of Lupton
Bottom West Lateral 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.
Miller leased the water from us for the 2009 irrigation season.
For the 2010 irrigation season, Mr. Miller desires to lease the water at the rate of$1,200 per
share for a total of$2,400. The $2,400 received from Mr. Miller will cover the cost of the
assessment charged by the ditch company.
Mr. Miller 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.
Once the agreements have been signed, please send one of them back to me so that I can
provide it to Mr. Miller.
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M:\Clay\Water Rights\Lupton Bottom Ditch\Lupton Bottom Ditch Lease Memo to Clerk to the Board?-16-10.doc
2010-0571
a MAR I ,li 2010
PUBLIC WORKS DEPARTMENT
rt two r t°�works y} a t 1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
EBSITE: WWW.CO.WELD.CO.US
W�`p O • PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
COLORADO
March 2, 2010
Mr. Joe Miller
13912 County Road 19
Platteville, CO 80651
RE: Lease of two Lupton Bottom West Lateral Shares for the 2010 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 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 $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). Upon receipt of the executed original, please make your check payable to
Weld County and send your payment to:
Barb Connolly, Controller
Weld County
PO Box 758
Greeley, 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 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
If you are agreeable, please sign both of the originals and return both originals to my office.
My address is:
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M\Clay\Water RightstLupton Bottom Ditchnupton Bottom Ditch Lease Letter 3-2-10.doc
, //' _ 4757/
Weld County Public Works
Attention: Clay Kimmi
P.O. Box 758
Greeley, CO 80632
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,
/410,04,/
` I
� r
Clay Kimmi, P.E., CFM
Weld County Public Works
`C \ (n 3 Yt co MAR 2 2 2010
• cam-Douglas'Radema er, Chair Date
Board of County ommissioners
•`11TISL ,29,420,
4 3 - q ,- / 0
Joe illerr Date
Original: Joe Miller
CC to File: Lupton Bottom Ditch Water Rights
Bruce Barker,Weld County Attorney
Monica Mika,Weld County Finance Director
PC by Post: Michelle Hatcher,Clear Water Solutions,Inc.
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M9CIay\Water R'ghts\Lupton Bottom DitctrtLupton Bottom Dace Lease Letter 3-2-1Baoc
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