HomeMy WebLinkAbout20071017 RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR FULTON DITCH WATER RIGHTS AND
AUTHORIZE CHAIR TO SIGN - PETROCCO FARMS, C/O DAVE 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 between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Petrocco Farms, do Dave Petrocco, Sr., 14110 Brighton
Road, Brighton,Colorado 80601,commencing upon full execution,and ending December 31,2007,
with further terms and conditions being as stated in said Water Rights 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 of Fulton Ditch Water Rights between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and Petrocco
Farms, do Dave 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 16th day of April, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
ad, WEL7UN , C RAD
ATTEST: "1 ! � ', <�_
t �. �$cvid . Long, Chair
Weld County Clerk to the ice'
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(� ��,�I William J r , Pro-Tem
BY: l,l a LQL�C��
D ty CI k to the Baird
Wil m F. Garcia
APP D AS T
�j���6jy Robert D. Masd n
ountyAttorney
Douglas R&dem c e
Date of signature: 4 3
2007-1017
CCC 4°,4 " BC0037
057002/0 7
Page 1 of 1
Bruce Barker
From: Steve Nguyen [steve@clearwatercolorado.comj
Sent: Wednesday, March 28, 2007 2:51 PM
To: Bruce Barker; David Bauer; Don Warden; Greg Nelson; Pat Persichino
Subject: Fulton Shares
Attachments: Petrocco Lease 3-28-07.doc
Hi Bruce—
As you know, it is important for us to keep our excess water, currently 2 shares of Lupton Bottom and 28 shares
of Fulton, leased and in use whenever possible. I found a taker for the Fulton water this season.
Petrocco Farms
Attn: Dave Petrocco, Sr.
14110 Brighton Road
Brighton, CO 80601
In the past, Lee Morrison drafted a one-page letter to take to the Board. I believe we only charged the
assessment fees and required that we receive a letter from the farmer at the end of the season documenting: 1)
that they rented 28 shares, 2)where the shares were used and 3)what crops were grown. I took the liberty of
revising one of Lee's old letters to save you some time.
Let me know how I can help.
Steve
Steve Nguyen, P.E.
President
Clear Water Solutions, Inc.
(T) 303.929.0758
(F) 303.464.8697
www.clearwatercolorado.com
4/9/2007
WELD COUNTY ATTORNEY'S OFFICE
(sit oilavri
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WI I P C WEBSITE: www.co.weld.co.us
O PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
April 2, 2007
Dave Petrocco, Sr.
Petrocco Farms
14110 Brighton Road
Brighton, CO 80601
RE: Lease of Twenty-Eight Shares of Fulton
Ditch for the 2007 Irrigation Season
Dear Mr. Petrocco, Sr.:
It is my understanding that you wish to lease twenty-eight(28) shares of Fulton Ditch rights from
Weld County for the irrigation season of the Year 2007. 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 for the annual assessment on the 28 shares, which
compensates the County for the annual assessment,but the County will remain responsible for
actual payments of those assessments. 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, 2007.
If agree with the contents of this letter, please sign both of the originals and return them to my
office at P.O. Box 758, 915 10th Street, 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. .--
Yours truly,
it • 4
(.� ._
/$4uce BarIcer
Weld County Attorney
2007-1017
0
J
Letter,Petrocco
April 2, 2007
Page 2
The Board of County Commissioners of the County of Weld and Dave Petrocco, Sr., agree to the
contents and terms of this letter.
� ����� 04/16/2007
David' . Lo , C)air Date
Wrath of Co Comm$.' ers
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pc: Clear Water Solutions, Inc. Lilt
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ATTEST:
WELD COUNTY CLERK TO sta
BY: —
DEPUTY CLERK O THE B1 7 / 2
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
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