HomeMy WebLinkAbout20032734.tiff 6 WELD COUNTY ATTORNEY'S OFFICE
rie cif ), 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
co-- PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
June 27, 2003
Madoline E.S. Wallace
Bernard Lyons Gaddis & Kahn
P.O. Box 978
Longmont, CO 80502-0978
RE: Your Letter Dated May 29, 2003
Dear Ms. Wallace:
Thank you for your letter of May 29, 2003. The Board discussed this matter in a work session with
this office,the Department of Planning Services and the Clerk to the Board on June 2,2003. After
the discussion,the Planning Department indicated that they would immediately begin treating Idaho
Creek in the same fashion as ditches under the Weld County Code. This means that when Idaho
Creek crosses a subject parcel or is adjacent to the subject parcel,a referral will be sent to the ditches
listed in your letter. I believe this will be adequate to address your issues. Please advise me if you
believe the formal step of a Resolution is needed
Although it is recognized that you do not represent the Delehant,Houck#2,Can and Tyler Ditches,
it is the County's intent to also include them in the referral process. Do you have access to contact
information for these other ditches or could you direct the Planning Department to a source of that
information. Please contact me if you have such information or have questions or comments
regarding the County's proposed course of action.
Yopo uly, /J
Morrison
As istant Weld County Attorney
pc: Planning Department
Clerk to the Board
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R LYONS�T 4)/S 6`L
DANIEL F.BERNARD BERNARD LYON�iS - - 303-776-9900
RICHARD N.LYONS,II GADDIS C7G KAHN FAX 303-413-1003
JEFFREY J.KAHN E-MAIL info@btglaw.com
JOHN W.GADDIS
BRADLEY A.HALL A PROFESSIONAL CORPORATION r,\ 11 ti,7 Mailing address:
STEVEN P.JEFFERS ATTORNEYS AND COUNSELORS ,.. _ I n .AOS°I•.DFFICE BOX 978
WENDY SLEE RUDNIK LONGMONT,CO 80502-0978
ANTON V.DWORAK [? ( " _ Street address:
ADELE L.REESTER SECOND FLOOR
MADOLINE E.S.WALLACE
515 KIMBARK STREET
mwallace@blglaw.com
May 29, 2003
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Weld County Board of County Commissioners f rt (,
c/o Don Warden, Clerk
P.O. Box 758
Greeley, CO 80632
RE: Recognition of Idaho Creek as Carrier Irrigation Ditch
Dear Mr. Warden:
Our firm represents the Smith and Emmons Ditch Company, the Rural Ditch Company and the Godding
Ditch Company ("Ditch Companies"). The Ditch Companies request that the Weld County Clerk to the
Board ("Clerk") place an item on the agenda for an upcoming meeting of the Weld County Board of
County Commissioners ("Board"). The Ditch Companies request that the Board consider and pass a
resolution to recognize Idaho Creek a carrier irrigation ditch and to direct the Weld County Planning
Department ("Planning Department") to send referrals to the Ditch Companies when entities propose
activities that could affect Idaho Creek. Recognizing Idaho Creek as a carrier irrigation ditch and
receiving referrals from the Planning Department would assist the Ditch Companies protect their
prescriptive easements to use Idaho Creek to carry their irrigation water.
Despite its name, Idaho Creek is not a natural stream but is a carrier irrigation ditch owned by water
users who use Idaho Creek to carry water from Boulder Creek to their individual irrigating ditches. By
virtue of their continued use of Idaho Creek to carry their irrigation water, the Ditch Companies, as well
as the individual owners of the Delehant Ditch, the Houck Ditch No. 2 and the Carr and Tyler Ditch
("Other Ditch Owners"), have prescriptive easements to use Idaho Creek as a carrier ditch.
In order to help the Board understand the Ditch Companies' property rights, we have enclosed a map.
The map shows the decreed locations of the headgates and the irrigating ditches. See Exhibit A. The
decrees for the Godding Ditch Company and the Smith and Emmons Ditch Company show that they
divert water from Boulder Creek using the Idaho Creek (referred to as "Idaho Slough") headgate, carry
the water down Idaho Creek and then divert the water through their individual headgates on Idaho Creek.
The decree for the Rural Ditch Company shows that it diverts water from its own headgate on Boulder
Creek, carries the water in a segment of ditch, carries the water in Idaho Creek and then carries the water
in another segment of ditch. However, historically, the Rural Ditch Company has also diverted its water
from Boulder Creek using the Idaho Creek headgate, carried the water down Idaho Creek and then
diverted water to its ditch.
Please note that Idaho Creek would not contain water if the Ditch Companies and the Other Ditch
Owners did not use Idaho Creek as a carrier irrigation ditch. Idaho Creek's headgate keeps all water
from entering Idaho Creek. The only time water flows into Idaho Creek from Boulder Creek is when the
G:\CLIENTS\G\GODDD\LAFARGE\L WELD COUNTY CLERK TO BOARD RE IDAHO CREEK.DOC 5/29/03
BERNARD LYONS
GADDIS & KAHN
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS
Don Warden
May 29, 2003
Page 2
Ditch Companies or the Other Ditch Owners divert water for irrigation purposes using the diversion
structure constructed on Boulder Creek.
As the Board is aware, the area surrounding Idaho Creek is currently experiencing substantial
development especially from mining companies who seek to extract sand and gravel. By recognizing
Idaho Creek as a carrier irrigation ditch and by receiving referrals from the Planning Department, the
Ditch Companies would be able to comment on development that may affect their property rights for
Idaho Creek at the beginning of the planning process rather than after development has been approved by
the Board. For this reason, the Ditch Companies request that the Clerk place this item on an upcoming
Board agenda and that the Board pass a resolution recognizing Idaho Creek a carrier irrigation ditch and
directing the Planning Department to send referrals to the Ditch Companies when entities propose
development that could affect the Ditch Companies' property rights for Idaho Creek.
Incidentally, we would be happy to submit any additional information that may help the Board
understand the Ditch Companies' property rights for Idaho Creek. Further, if necessary or desirable, we
could attend the Board meeting to answer any questions that the Board may have when considering the
resolution.
In anticipation of the Board passing the resolution, we have provided the contact information for the
Ditch Companies. See Exhibit B. Please contact me at your earliest convenience to discuss this matter
further.
Best regards,
BERNARD,LYONS,GADDIS & KAHN,
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Enclosure
cc:
Francis Gregerson, President, Godding Ditch Company
William L. Engelhard,President, Smith&Emmons Ditch Company
Frank Sewald, President,Rural Ditch Company
Bruce Barker, Weld County Attorney
Lee Morrison, Assistant Weld County Attorney
Kim Ogle,Weld County Planning Department
G:\CLIENTS\G\GODDD\LAFARGE\L WELD COUNTY CLERK TO BOARD RE IDAHO CREEK.DOC 5/29/03
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CONTACT INFORMATION FOR DITCH COMPANIES
THAT USE IDAHO CREEK AS CARRIER DITCH
Godding Ditch Company
do Francis Gregerson, President
5584 Weld County Road 24
Longmont, CO 80504
Smith and Emmons Ditch Company
c/o William L. Engelhard,President
10477 Weld County Road 7
Longmont, CO 80504
Rural Ditch Company
c/o Frank Sewald,President
11979 WCR 13
Longmont, CO 80504
IIEXHIBIT
13
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