HomeMy WebLinkAbout20011143.tiff RESOLUTION
RE: APPROVE RATIFICATION OF LETTER AGREEMENT TO ACCEPT RETURN FLOW
FROM FULTON DITCH THROUGH HENDERSON WATERSKI CLUB AND
AUTHORIZE CHAIR TO SIGN
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 to Accept Return
Flow from the Fulton Ditch through the Henderson Waterski Club between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
the Henderson Waterski Club, with terms and conditions being as stated in said letter
agreement, and
WHEREAS, after review, the Board deems it advisable to ratify 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 to Accept Return Flow from the Fulton Ditch
through the Henderson Waterski Club between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the Henderson Waterski
Club be, and hereby is, ratified.
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 30th day of April, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
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ATTEST: iate# i �� ``• � QL/✓
M. Geile, C it
Weld County Clerk tot�
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1(0 , Glenn Vaad, o- em
BY:
Deputy Clerk to the Boarr
Willis Jerke
APP.ROV AST RM: Cti, C
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Robert D. Masd n 1'"
�/ ,�ll� 2001-1143
Pe . ex, /Yei,Wels2'i7 Ghkrs i/ / BC0031
RECEIVED
re‘H% APR 2 3 ?Pi WELD COUNTY ATTORNEY'S OFFICE
I 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
C. FAX: (970) 352-0242
COLORADO
April 11, 2001
Henderson Waterski Club
10800 E. 124th Ave.
Henderson, CO 80640
RE: Letter Agreement To Accept Return Flow
from Fulton Ditch Through Henderson
Waterski Club
Dear Henderson Waterski Club:
The Weld County Board of County Commissioners ("COUNTY") owns 18 shares in the Fulton
Ditch which are currently used for summer augmentation in the Bearson Pit substitute Water
Supply Plan. I understand that the Henderson Waterski Club ("CLUB") will cause and allow the
18 shares owned by the County to be diverted through their headgate on the Fulton Ditch and
into their lake during the 2001 irrigation season.
The County understands there is a measuring device installed at the Club's diversion, and the
Club maintains records of the volume of water diverted into the lake. The Club will maintain the
structure and measuring device and provide a copy of the headgate diversion records to the
County's consulting engineer, Richard Raines of the Applegate Group, at the end of the irrigation
season.
If the Club's lake reaches a level where adding additional water would flood or damage the
Club's property, the Club does not have to divert the additional shares.
Richard Raines will contact George McDonald of the Fulton Ditch and notify him of this
agreement and the need to begin diverting the 18 shares into the Club's lake. Water
Commissioner Bob Stahl will also be notified of this agreement.
2001-1143
Henderson Waterski Club, Letter
April 11, 2001
Page 2.
You understand that the Club is acting as an independent contractor and not an agent, officer or
employee of the County and that Weld County,the Board of County Commissioners of Weld
County, and its servants, agents, officials and employees, will not be liable for any liability, loss,
cost or expense, including attorney fees, you may suffer from accepting return flow under this
agreement unless such injury results from the willful and wanton misconduct on the part of the
County or its servants, officials and employees.
Please sign both originals of this agreement and return to the County via Richard Raines. Once
the Board of County Commissioners has executed the originals, one will be returned to you for
your records. If this arrangement works well this year, then future years can be considered.
1 D.!/Morr�n #8067
Assistant Weld County Attorney
915 Tenth Street
P.O. Box 578
Greeley, CO 80632
(970) 336-7235
Agreed and accepted thisk) day of April, 2001:
{dlr.
Tom Krueger, Manager
Henderson Waterski Club
303-278-3004
Ratified by Board of County Commissioners
hie;
M.J. eile, Chairman (Oy/5OJLOOI)
C:\WINDOWS\TEMP\waterski.wpd
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