HomeMy WebLinkAbout20011607.tiff RESOLUTION
RE: APPROVE COMMITMENT OF WATER SUPPLY FOR BEARSON SAND AND
GRAVEL MINING OPERATION AND AUTHORIZE CHAIR TO SIGN - LUPTON
MEADOWS DITCH COMPANY
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 Commitment of Water Supply for the
Bearson sand and gravel mining operation, located in the NW1/4 of Section 19, Township 2
North, Range 66 West of the 6th P.M., Weld County, Colorado, between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
the Lupton Meadows Ditch Company, with terms and conditions being as stated in said
commitment, and
WHEREAS, after review, the Board deems it advisable to approve said commitment, 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 Commitment of Water Supply for the Bearson sand and gravel
mining operation between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and the Lupton Meadows Ditch Company be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said commitment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
1/ � 0+`` WELD C• NTY, COLORADO
ATTEST: /� ,'�\ I / /J /� j�
i
/ /, J. Geile, Chair
Weld County Clerk to the :;:rd (j "�"tsg .
�/t �i�Z CUSED
- ill ,rte �4 ,,Tenn Vaad, Pro-Tem•BY: 1iiZ I ���•.
Deputy Clerk to the Board k � ' ?✓-i-�-,-P
-
Willi H. Jerke
R ED ORM:
a id Lo g
Co my Attorney
Robert D. Masden
2001-1607
ry� , Pw BC0031
3)D COMMITMENT OF WATER SUPPLY
WELD COUNTY COLORADO, hereby commits 24 shares of the capital stock of the
Lupton Meadows Ditch Company pursuant to the request of the State Engineers Office for the
sand and gravel mining operation, known as the Bearson Pit, located mostly in the NW' of
Section 19, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado.
This commitment evidences the dedication of a renewable water supply pursuant to the
request of the State Engineers Office. This commitment shall remain in full force and effect so
as required by the Colorado State Engineer.
The Commitment of Water Supply dated recorded at Reception No.
of the records of Weld County, Colorado will remain in affect until cancelled or terminated.
In WITNESS WHEREOF, the undersigned has executed this document this 18th
day of June , 2001.
WELD COUNTY, A body politic and
corporate of the State of Colorado,
by and through the board of County
Commissioners of Weld County By7.4/7J Geile Chairman
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
Acknowledged before me this 18th day of June , 2001 by
M. J. Geile as Chairman of the Board of County Commissioners of Weld County,
Colorado.
Witness my hand and official seal.
My commission expires
aY ?�
! ESTHER E : 2
t GESICIC r Notary Public
At Cav nrssion Ewes September n,20C r
1111111111111111111III IIIII111111111111 III BEER 2001..1607
2859302 06/21/2001 12:46P JA Suki Tsukamoto
1 of 1 R 0.00 D 0.00 Weld County CO
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ESTHER Gesick- Commitment of Water Supply Page 11
From: "Richard Raines" <RichardRaines@tuttleapplegate.com>
To: "Lee Morrison" <Imorrison@co.weld.co.us>
Date: 5/22/01 3:16PM
Subject: Commitment of Water Supply
Hi Lee,
I have attached a draft document which is a Commitment of Water Supply for
the Bearson Pit. It was prepared using some language from an example from
the SEC) and from other Weld County agreements. Please amend or reword as
necessary. I was not sure if you could sign this yourself or would need the
Board's consent.
This commitment of water supply is a requirement that the SEO has used in
the Arkansas basin for sites that are not bonded to backfill the pit if the
operator should "walk away"from the site and leave an unlined and
unaugmented lake. The SEC, has started to apply this to the South Platte
basin. The Bearson Pit and another site seem to be the first.
The commitment of water supply only shows the SEC)that you have sufficient
water rights to make replacements for the final exposed surface area. The 24
shares of Lupton Bottom will meet the final augmentation requirement. This
commitment does not affect Weld County's ability to use these shares. They
can continue to be leased for irrigation. These shares also do not
necessarily need to be used for the long-term water court augmentation plan.
It is only viewed as a protection for the SEC)that the operator owns
sufficient water rights to meet the augmentation requirement.
This is the last outstanding requirement to get approval for the Bearson
SSP. If you have any questions, please call or email me.
Thanks,
Richard
CC: "Steve Nguyen" <SteveNguyen@applegategroup.com>
a00/ -1607
4&t 031
Hello