HomeMy WebLinkAbout920174.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN -
GIESERT GRAVEL PIT
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 an agreement for the Giesert
Gravel Pit between Weld County and the Ground Water Management Subdistrict of the
Central Colorado Water Conservancy District with the further terms and conditions
being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
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 agreement for the Giesert Gravel Pit between Weld
County and the Ground Water Management Subdistrict of the Central Colorado Water
Conservancy District be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 26th day of February, A.D. , 1992.
kiwi? BOARD OF COUNTY COMMISSIONERS
ATTEST WELD CO NTY, COLORADO
Weld County Clerk to the Board 4 _
Ge Kenn dy, Chairma
n
BY: ,71,4 ��.
Deputy Clerk to the Boa 1 Constance L. Harbert, Pro-Tem
APPROVED AS FORM: EXCUSED DATE OF SIGNING (AYE)
C. W. Kirby
EXCUSED
C unty Attorney Gordon E. Lac
W. H. Webster
920174
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this a.to day
of GI , 1992 by and between Weld County by and through its Board of County
Commissioners hereinafter referred to as "Weld County," and the Ground Water Management
Subdistrict of the Central Colorado Water Conservancy District, hereinafter referred to as
"Central," pursuant to §29-1-203 C.R.S., §37-45-101 et seq C.R.S., §30-11-101 et seq C.R.S.
and Article II, §2-3, Weld County Home Rule Charter.
WITNESSETH:
WHEREAS, Weld County owns property described on Exhibit 1, attached hereto and
made a part hereof, hereinafter referred to as the "property," and has obtained from the
Colorado Mined Land Reclamation Board a Mining Permit, to conduct sand and gravel
operations on the property at the location of what is commonly referred to as the Giesert Pit;
and
WHEREAS, the mining operations have an impact on the historical surface and ground
water patterns in the area and excavation of the Giesert Pit results in additional evaporation
which will adversely affect Central unless augmented; and
WHEREAS, Central has no objection to Weld County's mining operations and
reclamation if the concerns expressed above are addressed and the interests of Central are
satisfactorily protected.
NOW, THEREFORE, in consideration of the premises and the mutual promises and
covenants of the parties hereto, IT IS AGREED AS FOLLOWS:
1. Weld County shall conduct its mining operations on the property in accordance with
the mining and reclamation plan as finally approved by the Colorado Mined Land Reclamation
Board.
2. Weld County will file an application for water rights, including storage rights,
claiming that it has made an appropriation of water, and will file an application for a well
permit, for any uses other than evaporation, gravel washing, dust suppression, water retained
in material and reclamation made upon the property using water from the Hokestra Pit. All
other uses must be augmented in time, location and amount to replace any out-of-priority
depletions so as to prevent injury to vested water rights.
3. Weld County has constructed the Giesert Pit pursuant to the approved Mining and
Reclamation Plan in a good and workmanlike manner and will equip the Giesert Pit with such
structures as are required by law.
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4. Weld County owns 1 share of the Lupton Bottoms Ditch Company. For purposes
of this Agreement, it is assumed that the historical consumptive use attributable to the share is
100 acre-feet . Weld County will, and does hereby, for the term of this Agreement and any
extensions thereto, assign the use of said share to Central free of any cost, and Central shall
administer the share to augment the South Platte River in accordance with the gravel pit
augmentation policy of Central and in accordance with the terms of the Petition for Class D
Non-irrigation water Allotment contract attached hereto as Exhibit 2 and made a part hereof, to
replace depletion resulting from the Giesert Pit, except Central shall have no obligation to file
or obtain a well permit or Court approved augmentation plan. The share will be administered
by Central under Central's existing substitute supply plan. For purposes of this Agreement it
is assumed that the Giesert Pit results in an annual evaporative depletion of approximately 2.49
acre-feet of water for each surface acre of water exposed. Since 1981 Weld County has exposed
22.38 surface acres of water in the Giesert Pit. Water will be used in the mining operation for
reclamation, gravel washing, dust suppression and by exporting the gravel from the site. The
consumptive use for the reclamation shall be assumed to be 2.0 acre feet per acre irrigated. The
consumptive use for the remaining uses shall be assumed to be 0 acre feet per year because there
is no current mining. It is anticipated that initially Central will use approximately 25.79 acre-feet
of the 100 acre-feet of historical consumptive use attributable to the share to replace
out-of-priority depletion attributable to the mining operation at the Giesert Pit. Any remainder
of the 100 acre-feet which is not required for replacement for depletions associated with the
Giesert Pit ("Remainder Water") may be used by Central for its own purposes, except that the
1 share of Lupton Bottoms is also dedicated to the augmentation of the Hokestra Pit and Koenig
Pit which are the subject of Intergovernmental Agreements between the parties. Weld County
shall annually measure the surface acres of the Giesert Pit for which replacement water is
required, determine the acres irrigated for reclamation, determine the tons of material exported,
record the amount of water used for gravel washing and dust suppression and shall submit such
measurements to Central. Based on such measurements, Central shall provide replacement of
depletion caused thereby from the Remainder Water . In no event shall the total replacement
made by Central exceed the amount of water delivered by and available from the 1 share of the
Lupton Bottoms Ditch Company in any water year. The share has no historical consumptive use
in the months of November through March. Central will use its existing supplies, subject to
prior commitments, to provide replacement water needed for out-of-priority depletions in those
months but Central does not guarantee the availability of such water or the approval of the State
Engineer. Should Central determine it cannot provide such replacement water, or should the
State Engineer not approve the available supplies, Central will notify Weld County and either
party may terminate this Agreement forthwith upon notice to the other party. A map setting
forth a graphic representation of the location of the Giesert Pit is attached hereto as Exhibit 3
and is made a part hereof.
5. Weld County shall pay all assessments on the 1 share of the Lupton Bottoms Ditch
Company while the Agreement is in effect and shall have the right to vote the share.
6. In the event that thel share of the Lupton Bottoms Ditch Company is not sufficient
to fully replace depletions attributable to the Giesert Pit as required by law, Weld County shall
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make additional water or water rights available to Central, from a source acceptable to Central,
to the extent necessary to replace such depletions or this agreement may be terminated by either
party upon 30 day written notice.
7. It is understood by Weld County that Central is a party to litigation challenging the
constitutionality, effect and validity of Senate Bill 90-120. The parties agree that nothing herein
shall be taken as an admission, or statement of position contrary to or in degradation of any
position taken by Central in any litigation. Nothing in this Agreement shall be taken as an
admission by Weld County that Senate Bill 90-120 is unlawful. If Senate Bill 90-120, or portions
thereof, are determined unconstitutional, then Weld County agrees to make replacement as
required by law and shall provide any additional water necessary for such replacement.
8. Central shall not raise any objection to the mining or reclamation of the property so
long as the same is conducted in accordance with the provisions hereof and the approved mining
and reclamation plans.
9. This Intergovernmental Agreement may be enforced by either the Weld County or
Central by seeking any appropriate equitable or legal remedies, including injunctive relief,
specific performance, and damages. In the event that litigation is commenced to obtain such
enforcement, and Central prevails, Weld County and/or its successors and assigns agree to pay
for any reasonable attorneys fees and court costs expended by Central in obtaining such
enforcement. However, if Weld County prevails, Central shall pay all reasonable attorneys fees
and court costs expended by Weld County.
10. Subject to the provisions regarding termination in paragraphs 4 and 6, above, the
term of this Agreement shall be until December 31, 1992 and shall be automatically extended
for one year periods thereafter unless terminated upon written notice given 30 days in advance
of the end of the one year period then in existence.
11. Weld County is hereby granted by Central a first right of refusal to purchase 13
acre-feet of storage space in the Neeland Siebring Reservoir (Herbst Pit) adjudicated in 88-CW-
127. Central shall notify Weld County of the terms and conditions upon which it intends to sell
storage space in the Siebring Reservoir and Weld County shall have thirty days in which to meet
the terms and conditions for purchase of the storage space. If Weld County and Central do not
enter a written contract for sale of the storage space within thirty days from written notification
to Weld County the first right of refusal shall be deemed terminated. Furthermore, it is
explicitly understood by the parties that the right to purchase 13 acre-feet of storage space does
not include any water rights.
12. This Agreement represents the complete agreement of the parties hereto, and no
oral modifications shall be recognized. Any amendments or additions must be made in writing
and signed by the parties to be effective.
13. This Agreement is binding upon the parties, their successors and assigns.
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14. This Agreement represents the complete agreement of the parties hereto, and no
oral modifications shall be recognized. Any amendments or additions must be made in writing
and signed by the parties to be effective.
GROUND WATER MANAGEMENT
SUBDISTRICT OF THE CENTRAL
COLORADO WATER CONSERVANCY
DISTRICT
Robert W. Walker, President
ATTEST:
(seal)
Vrldi
Secretary
WELD COUNTY
By
Chairman, Boa of County Commissioner
14144 ATTEST:
WELD COUNTY CLERK TO THE BOARD
BY: _r ( e - k / Ch(:C ‘
DEPUTY CLERK TO THE BOARD
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Exhibit 1
An 87 . 547 acre tract contained in a portion of the Northeast
Quarter of the Southwest Quarter (NEMSWM) , the Northwest Quarter of
the Southeast Quarter (NWMSEM) and the Northeast Quarter of the
Southeast Quarter (NEMSEM) , all of Section 31, Township 6 North,
Range 65 West of the 6th P.M. , Weld County, State of Colorado.
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