HomeMy WebLinkAbout920190.tiff RESOLUTION
RE: AUTHORIZE COUNTY ATTORNEY TO OPPOSE APPLICATION FOR CONDITIONAL WATER
STORAGE RIGHTS FOR THE CITY OF THORNTON - KOENIG 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 City of Thornton has filed an application for conditional
water storage rights on the Koenig Gravel Pit, and
WHEREAS, Weld County has been studying use of the portion of Koenig Pit
owned by Weld County for storage for several years and has actively negotiated
with Central Colorado Water Conservancy District (CCWCD) regarding storage use
of the pit for the last year, and
WHEREAS, Thornton's purposed water use will interfere with Weld County's
use of the pit for development of the gravel and development in conjunction with
CCWCD of storage once the gravel is removed, and
WHEREAS, the County, as landowner, has the right under Colorado law to
relate back their priority claim under these circumstances, and
WHEREAS, the Board deems it advisable to oppose said application.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the County Attorney be, and hereby is, authorized to
proceed with filing an opposition to the application for conditional water
storage rights on the Koenig Gravel Pit by the City of Thornton.
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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board ,441
r< ,
Geor e Kennedy, Chad
BY:
Deputy Clerk to the Board Constance . Harbert, Pro-Tem
APPROVED AS FORM: EXCUSED DATE OF SIGNING (AYE)
C. W. Kirby
EXCUSED
ounty Attorney Gordon E. L cy
geLliAlt21Th
W. Webster
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DISTRICT COURT, WATER DIVISION NO. 1, STA12TE OF E7�O.ItAL?O._
�� •1 L P 1 • �. 1
Case No. 91CW fG003 = + u:.� ? d
d
APPLICATION FOR CONDITIONAL WATER STORAGE RIGHTF. = Cur
ry _Ito.
CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY OF THORNTON
IN ADAMS AND WELD COUNTIES
1. Name, address and telephone number of applicant:
City of Thornton ("Thornton")
Utilities Board
9500 Civic Center Drive
Thornton, Colorado 80229
(303) 538-7360
c/o Michael D. White, Esq.
White & Jankowski
511 Sixteenth Street, Suite 500
Denver, Colorado 80202
(303) 595-9441
2. Reservoir names, legal description, point of diversion, maximum rate of fill, storage volume,
depth and surface area:
i. Thornton Pit
a. Located in parts of Sections 17, 19 and 20, T2S, R67W, 6th P.M.
b. Points of diversion:
(1) The combined headgate of the Lower Clear Creek Ditch and
Colorado Agricultural Ditch, on the north bank of Clear Creek in the
SE 1/4, SE 1/4, Section 4, T 3 S, R 68 W, 6th P.M.
(2) On the north bank of the South Platte River in the SW 1/4, SW 1/4,
Section 19, T 2 S, R 67 W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir:
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(1) Lower Clear Creek / Colorado Ag.: 230 cfs
(2) South Platte River diversion: 300 cfs
d. Amount claimed (capacity):
(1) Active capacity: 6650 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 25'
f. Surface area at high water line: 440 acres
ii. Sprat-Platte Ranch Pit
a. Located in parts of Sections 17 and 20, T2S, R67W, 6th P.M.
b. Point of diversion: On the southeast bank of the South Platte River in the
SE '/,, NE 1/4, Section 19, T2S, R67W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir: 300 c.f.s.
d. Amount claimed (capacity):
(1) Active capacity: 350 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 25'
f. Surface area at high water line: 17.5 acres
iii. Platval Pit
a. Located in part of Section 8, T 2 S, R 67 W, 6th P.M.
b. Points of diversion:
(1) The combined headgate of the Lower Clear Creek Ditch and
Colorado Agricultural Ditch. on the north bank of Clear Creek in the
^a W , SE ',4, SE 1,4, Section 4, T 3 S, R 68 W, 6th P.M.
(2) On the west bank of the South Platte River in the SE '/4, SE '/a,
Section 8, T 2 S, R 67 W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir:
(1) Lower Clear Creek / Colorado Ag.: 230 cfs
(2) South Platte River diversion: 300 cfs
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d. Amount claimed (capacity):
(1) Active capacity: 2300 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 35'
f. Surface area at high water line: 71 acres
iv. Howe/Haller Pit
a. Located in parts of Sections 3, 4 and 9, T2S, R67W, 6th P.M.
b. Points of diversion:
(1) The headgate of the Fulton Ditch, on the east bank of the South
Platte River in the NE lh, NE 1, SE 1/<, Section 17, T 2 S, R 67 W,
6th P.M.
(2) On the east bank of the South Platte River in the SW '/a, NW 1/a,
Section 9, T2S, R67W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir:
(1) Fulton Ditch: 205 cfs
(2) South Platte River diversion: 300 cfs
d. Amount claimed (capacity):
(1) Active capacity: 8000 a.f.
(2) Dead Storage: 0 al.
e. Maximum depth: 45'
f. Surface area at high water line: 201 acres
v. Hazeltine Pit #2
a. Located in parts of Sections 3 and 4, T2S, R67W, 6th P.M.
b. Points of diversion:
(1) The headgate of the Fulton Ditch, on the east bank of the South
Platte River in the NE 1/4, NE 1/4, SE Vs, Section 17, T 2 S, R 67 W,
6th P.M.
(2) On the east bank of the South Platte River in the SW 1/<, NW 1/4,
Section 9, T2S, R67W, 6th P.M.
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c. Capacity of ditch / pipeline used to fill reservoir:
(1) Fulton Ditch: 205 cfs
(2) South Platte River diversion: 300 cfs
d. Amount claimed (capacity):
(1) Active capacity: 2500 a.f.
�) Dead Qt.,_„-. n
(_) Dead Storage:
e. Maximum depth: 41'
f. Surface area at high water line: 72 acres
vi. Road Runner's Rest II Pit
a. Located in parts of Sections 3 and 4, T2S, R67W, 6th P.M.
b. Points of diversion:
(1) The headgate of the Fulton Ditch, on the east bank of the South
Platte River in the NE '/<, NE '/a, SE '/<, Section 17, T 2 S, R 67 W,
6th P.M.
(2) On the east bank of the South Platte River in the SW '/a, NW 1,
Section 9, T2S, R67W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir:
(1) Fulton Ditch: 205 cfs
(2) South Platte River diversion: 300 cfs
d. Amount claimed (capacity):
(1) Active capacity: 70O0 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 47'
f. Surface area at high water line: 153.5 acres
vii. Mann Lake Pit
a. Located in parts of Sections 33 and 34, T1S, R67W, 6th P.M.
b. Points of diversion:
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(1) The combined headgate of the Lower Clear Creek Ditch and
Colorado Agricultural Ditch, on the north bank of Clear Creek in the
NW 1/4, SE 1/4, SE 1/4, Section 4, T 3 S, R 68 W, 6th P.M.
(2) The headgate of the Brantner Ditch, on the north bank of the South
Platte River in the NE '/4, NE V4, SW 1/4, Section 4, T 2 S, R 67 W,
6th P.M.
(3) On the west bank of the South Platte River in the SE VI, SW V4,
Section 34, TVS, R67W, 6tn Y.M.
c. Capacity of ditch / pipeline used to fill reservoir:
(1) Lower Clear Creek / Colorado Ag.: 230 cfs
(2) Brantner Ditch: 110 cfs
(3) South Platte River diversion: 300 cfs
d. Amount claimed (capacity):
(1) Active capacity: 5000 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 35'
f. Surface area at high water line: 160 acres
viii. Nyholt/Lake Pit
a. Located in parts of Sections 26, 27 and 34, T1S, R67W, 6th P.M.
b. Points of diversion:
(1) The headgate of the Brantner Ditch, on the north bank of the South
Platte River in the NE '/4, NE '/4, SW '/4, Section 4, T 2 S, R 67 W,
6th P.M.
(2) On the west bank of the South Platte River in the SE V4, SW '/4,
Section 34, T1S. R67W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir:
(1) Brantner Ditch: 110 cfs
(2) South Platte River diversion: 300 cfs
d. Amount claimed (capacity):
(1) Active capacity: 3000 a.f.
(2) Dead Storage: 0 a.f.
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e. Maximum depth: 30'
f. Surface area at high water line: 125 acres
ix. Worthing Pit (a.k.a. Henderson Pit #4)
a. Located in parts of Sections 23 and 26, T1S, R67W, 6th P.M.
b. Point of diversion: On the east bank of the South Platte River in the NW 1,
NW V, Section 26, T1S, R67W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir: 300 c.f.s.
d. Amount claimed (capacity):
(1) Active capacity: 1930 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 30'
f. Surface area at high water line: 86 acres
x. Tower Pit
a. Located in parts of Section 23, T1S, R67W, 6th P.M.
b. Point of diversion: On the east bank of the South Platte River in the NW 1/4,
NW 1/4, Section 26, T1S, R67W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir: 300 c.f.s.
d. Amount claimed (capacity):
(1) Active capacity: 1068 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 8'
f. Surface area at high water line: 354.5 acres
xi. Bromley Lakes Pit
a. Located in parts of Sections 11, 12, 13 and 14, T1S, R67W, 6th P.M.
b. Point of diversion: On the east bank of the South Platte River in the NW '/s,
SE 1/4, Section 14, T1S, R67W, 6th P.M.
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c. Capacity of ditch /pipeline used to fill reservoir: 300 c.f.s.
d. Amount claimed (capacity):
(1) Active capacity: 9800 al.
(2) Dead Storage: 0 al
e. Maximum depth: 36'
Surface area at high water line: 291 acres
xii. Platte Valley Pit
a. Located in parts of Section 30, T1N, R66W, 6th P.M.
b. Point of diversion: On the east bank of the South Platte River in the NW 1/4,
SW 1/a, Section 30, T1N, R66W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir: 300 c.f.s.
d. Amount claimed (capacity):
(1) Active capacity: 1700 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 25'
f. Surface area at high water line: 76 acres
xiii. Perry Pit
a. Located in parts of Section 30, T1N, R66W, 6th P.M. and Section 25, T1N,
R67W, 6th P.M.
b. Point of diversion: On the west bank of the South Platte River in the NW
Y4, NW 1/4, Section 30, TIN, R66W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir: 300 c.f.s.
d. Amount claimed (capacity):
(1) Active capacity: 1440 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 28'
f. Surface area at high water line: 58 acres
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cm
xiv. Fort Lupton Pit
a. Located in parts of Section 7, T1N, R66W, 6th P.M. and Section 12, T1N,
R67W, 6th P.M.
b. Points of diversion:
(1) The headgate of the Lupton Bottom Ditch, on the northwest bank of
the South Platte River in the NW '/,, SW '/<, Section 19, T 1 N, R 66
W, 6th P.M.
(2) On the west bank of the South Platte River in the SW I/a, SW '/a,
Section 7, T1N, R66W, 6th P.M.
c. Capacity of ditch /pipeline used to fill reservoir:
(1) Lupton Bottom Ditch: 150 cfs
(2) South Platte River diversion: 300 cfs
d. Amount claimed (capacity):
(1) Active capacity: 2700 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 40'
f. Surface area at high water line: 71 acres
xv. Weldon Higgs Pit #1
a. Located in parts of Section 31, T2N, R66W, 6th P.M.
b. Points of diversion:
(1) The headgate of the Platteville Ditch, on the north bank of the South
Platte River in the NW 1, NW 1/2, SE '/a, Section 31, T 2 N, R 66 W,
6th P.M.
(2) On the southeast bank of the South Platte River in the SE'/a, NW 1,
Section 31, T2N, R66W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir:
(1) Platteville Ditch: 150 cfs
(2) South Platte River diversion: 300 cfs
d. Amount claimed (capacity):
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(1) Active capacity: 360 a.£
(2) Dead Storage: 0 a.f.
e. Maximum depth: 40'
f. Surface area at high water line: 10.5 acres
OKoenig Pit
a. Located in parts of Section 13, T2N, R67W, and Section 18, T2N, R66W, 6th
P.M.
b. Points of diversion:
(1) The headgate of the Meadow Island Ditch No. 1, (a.k.a. Side Hill
Ditch), on the northwest bank of the South Platte River in the NE%,
SW 1/4, Section 19, T 2 N, R 66 W, 6th P.M.
(2) On the west bank of the South Platte River in the SW t/a, SW '/a,
Section 18, T2N, R66W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir:
(1) Meadow Island Ditch No. 1: 115 cfs
(2) South Platte River diversion: 300 cfs
d. Amount claimed (capacity):
(1) Active capacity: 1575 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 25'
f. Surface area at high water line: 74.5 acres
xvii. Johnson Open Cut Mining Plan Pit
a. Located in parts of Section 21, T5N, R65W, 6th P.M.
b. Point of diversion: On the west bank of the South Platte River in the SW ''/a,
NE 't/4, Section 21, T5N, R65W, 6th P.M.
c. Capacity of ditch / pipeline used to fill reservoir: 300 c.f.s.
d. Amount claimed (capacity):
(1) Active capacity: 430 a.f.
(2) Dead Storage: 0 a.f.
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e. Maximum depth: 25'
f. Surface area at high water line: 21.5 acres
xviii. Groissant Pit
a. Located in parts of Sections 15, 16, 21 and 22, T5N, R65W, 6th P.M.
b. Point of diversion: At the headgate of the Patterson Ditch approximately 750'
south-southwest of the northeast corner, on the north bank of the South
Platte River in the NE 1/4, NE '/, Section 21, T5N, R65W, 6th P.M.
c. Capacity of ditch /pipeline used to fill reservoir: 370 c.f.s.
d. Amount claimed (capacity):
(1) Active capacity: 1044 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 25'
f. Surface area at high water line: 58 acres
xix. Doeringsfeld Pit
a. Located in parts of Sections 3, 9 and 10, T5N, R65W, 6th P.M.
b. Point of diversion: At the headgate of the Patterson Ditch on the north bank
of the South Platte River approximately 750'south-southwest of the northeast
corner, in the NE 1/4, NE '/, Section 21, T5N, R65W, 6th P.M.
c. Capacity of ditch /pipeline used to fill reservoir: 370 c.fs.
d. Amount claimed (capacity):
(1) Active capacity: 3000 a.f.
(2) Dead Storage: 0 a.f.
e. Maximum depth: 25' -
f. Surface area at high water line: 150 acres
3. Source :
All reservoirs: South Platte River and streams tributary thereto. Thornton seeks the
right to fill and refill the above-described reservoirs. In addition to storage of water
under Thornton's new appropriations, the confirmation of which is sought by this
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application, Thornton also intends to store in these reservoirs any other water it owns
or controls which Thornton is then authorized to store in such reservoirs.
ii. The following reservoirs are fed by an alternate point of diversion which will divert
from Clear Creek: The Thornton Pit, the Platval Pit and the Mann Lake Pit.
4. Date of appropriation (all reservoirs):
i. Date of initiation of appropriation: December 23, 1991.
ii. How appropriation was initiated: The adoption by the City of Thornton Utilities
Board of Resolution No. 91-009, dated December 12, 1991, and by staking and
surveys conducted on December 23, 1991.
iii. Date water applied to beneficial use: Not applicable. The appropriations sought to
be confirmed by this application are conditional water rights.
5. Proposed use of water:
•
The water diverted under the water rights sought herein will be used, directly or by
exchange, for irrigation, agricultural, commercial, industrial and all municipal uses, including,
but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire
protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds,
recreation,piscatorial,maintenance and preservation of wildlife and aesthetic values,lake and
reservoir evaporation, augmentation and replacement, adjustment and regulation of
Thornton's water supply system,including further exchange within Thomton's system and with
other water users. Thornton seeks the right to fully consume such water used through its
municipal system by direct use, storage and subsequent release, reuse, successive use, further
exchange and disposition.
6. Names and addresses of owners of land on which water will be used and on which structures
are located:
The place of use is the service area of the City of Thornton as it presently exists and as it may
exist in the future, the lands lying under the Water Supply and Storage Company, and other
water users in the Cache la Poudre river basin to whom Thornton may release such water.
It is not practical to identify the names and addresses of the owners of all such property.
Thornton believes that the points of diversion and storage described above are located on
lands owned by the persons identified below:
i. Thornton Pit: Cooley Gravel Co.
Terminal Annex
P.O. Box 5485
Denver, CO 80217-5485
Sprat-Platte Ranch Co.
Atten: F.P. Spratlen III
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920190
P.O. Box 2290
Denver, Co 80201-2290
ii. Sprat-Platte Ranch Pit: Lynn F. & Natalie Leadbetter
9400 Brighton Rd.
Henderson, CO 80640-8827
iii. Platval Pit: K.T. Barr, Inc.
6507 E. 104th Ave.
Denver, CO 80233-4802
iv. Howe/Haller Pit: Mobile Premix Conc., Inc.
P.O. Box 21588
Denver, CO 80221-0588
v. Hazeltine Pit #2: Hazeltine Invest. Assoc.
8400 Holly Street
Henderson, CO 80640-7924
vi. Road Runner's Rest II Pit: Suburban Sand & Gravel
5400 Fenton Street
Arvada, CO 80002
vii. Mann Lake Pit: Mobile Premix Conc., Inc.
1590 W. 12th Street
Arvada, CO 80002
viii. Nyholt/Lake Pit: Adams County
9755 Henderson Rd.
Brighton, CO 80601
ix. Worthing Pit
(Henderson Pit #4): Henderson Aggregate, Ltd.
1152 Brighton Rd.
Henderson, CO 80640-9329
x. Tower Pit: Lee S. Carlson
11990 Grant St., #200
Denver, CO 80233-1196
xi. Bromley Lakes: Sus Brighton, Ltd. &
James & Barbara N. White
5350 E. 52nd Ave.
Commerce City, CO 80022-4209
xii. Platte Valley Pit: C&M Companies
7916 Niwot Road
P.O. Box 490
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Niwot, CO 80514 0490
xiii. Perry Pit: Edward D. Perry
141 Kiely Blvd.
Santa Clara, CA 95051
xiv. Fort Lupton Pit: Akerson Estate
Freda Lee Dreiling/Ackerson
Myrna IC Slabaszewski
4025 V/CR #23
Fort Lupton, CO 80621
xv. Weldon Higgs Pit #1: The First Security Bank
P.O. Box 228
Fort Lupton, CO 80621
xvi. Koenig Pit: West Lake - (Proposed)
Robert W. & Mary Ann Kerr
11104 WCR #20
Fort Lupton, CO 80621
East Lake - (Existing)
Weld County Dept. of Engineering
P.O. Box 758
Room 301
Centennial Center
915 10th Street
Greeley, CO 80631
xvii. Johnson Open Cut
Mining Plan Pit: Robert G. & Gwendolyn F. Quick
2420 27th Ave.
Greeley, CO 80631
xviii. Groissant Pit Norma Groissant
Rt. 4, Box 294
993 East 26th St.
Greeley, CO 80631
xix. Doeringsfeld Pit: Duggan Edmund J. & Loa J. Trust
c/o Gerald L. Davis, Trustee
8140 Walnut Hill Lane, #900
Dallas, TX 75231
7. Remarks:
Three maps, which are attached hereto as Exhibits A, B and C, depict the locations
of the gravel pit reservoirs and the points of diversion. Thornton anticipates that to the
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extent the water diverted under the storage rights sought herein is used directly it will be used
for agricultural irrigation under the Water Supply and Storage Company system, or released
by Thornton to meet replacement or other obligations which may be imposed in Consolidated
Cases No. 86CW401, 86CW402, 86CW403 and 87CW332, currently pending in Water
Division 1. The Water Supply and Storage Company is a mutual ditch company which
irrigates lands north and east of Fort Collins. Thornton anticipates that the primary means
by which the water stored in these reservoirs will be introduced into its municipal water
supply system will be through its exchanges involving the Water Supply and Storage Company.
The appropriations which are the subject of this application will provide additional substitute
supply for the above-referenced exchanges.
Respectfully submitted this 31st day of December, 1991.
WHITE & JANKOWSKI
By: a �'t
Michael D. White, #2425
Austin C. Hamre, #17823
511 Sixteenth Street, #500
Denver, Colorado 80202
(303) 595-9441
ATTORNEYS FOR TTTE CITY OF
THORNTON
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VERIFICATION
STATE OF COLORADO
) SS.
COUNTY OF ADAMS
I, James R. Hall, Manager of Water Resources Engineering, City of Thornton, state
under oath that I have read this application and verify its content.
YT✓✓r a� "!C
theOPLIPAJJathesR. HallpSubscribed under oath before me on b.33 //7/
My Commission Expires
My commission expires: August 7,1992
o1U44v. Ia,1AYN.GL-
9rcomtisld,CO 60020
otair Public
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