HomeMy WebLinkAbout20091394.tiffRESOLUTION
RE: APPROVE LETTER AGREEMENT FOR LEASE OF TWO SHARES OF LUPTON
BOTTOMS DITCH COMPANY - 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 letter agreement for the lease of two
shares of the Lupton Bottoms Ditch Company 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, with further terms and
conditions being as stated in said lease, and
WHEREAS, after review, the Board deems it advisable to approve said letter 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 letter agreement for the lease of two shares of the Lupton Bottoms Ditch
Company 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 letter agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of June, A.D., 2009.
ATTEST:
Weld County Clerk to
BY. /sl-).<7/6,.b
Deputy Clerk to the Board
APPRO
ounty Attorney /
Date of signature a29%9
BOARD OF C NTY COMMISSIONERS
WELD43OWN I)L OLORADO
Iliam F. Garci: .-ir
Douglas
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arbara Kirkmeyer
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David E. Long
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2009-1394
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COLORADO
May 21, 2009
Mr. Joe Miller
13912 County Road 19
Platteville, CO 80651
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
RE: Lease of two Lupton Bottom West Lateral Shares for the 2009 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 2009 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 $1,250/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 $2,500 (2 shares x
$1,250/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, 2009. 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:
Page 1 of 2
M:Clay\Water Rights Lupton Bottom DrtcMLLupton Bottom Ditch Lease Letter 5-21-09. doc
May 21, 2009
2009-1394
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,
Clay Kimmi, P.E., C.F.M.
Weld County Public Works
WlA�m rcia, Chair
Board of County Commissioners
JUN 1 7 2009
Date
Mr /Vj/kp Date
Original: Joe Miller
CC to File: Lupton Bottom Ditch Water Rights
Bruce Barker, Weld County Attorney
Don Warden, Weld County Finance Director
PC by Post: Michelle Hatcher, Clear Water Solutions, Inc.
Page 2 of 2
M\Clay\Water Rights\Lupton Bottom Ditch\Luplon Bottom Ditch Lease Letter 5-21-09.doc
May 21, 2009
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