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HomeMy WebLinkAbout921154.tiff RESOLUTION RE: APPROVE PETITIONS FOR INCLUSION WITH CENTRAL COLORADO WATER CONSERVANCY DISTRICT AND AUTHORIZE CHAIRMAN TO SIGN - GEISERT PIT AND KOENIG 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 Petitions for Inclusion with Central Colorado Water Conservancy District for the Geisert Pit and the Koenig Pit, as stated in said petitions, and WHEREAS, after review, the Board deems it advisable to approve said petitions, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Petitions for Inclusion with Central Colorado Water Conservancy District for the Geisert Pit and the Koenig Pit be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said petitions and any other necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D. , 1992. 1 1067 BOARD OF COUNTY COMMISSIONERS ATTEST: /%/ yin 76/ WELD COUNTY, COLORADO ZQ�/ /V Weld County Clerk to th Board ,/ G r Ken dy, airman BY: / icak / Deputy Clerk to the oa onstance L. Harbert, Pro-Tem APPROVED AS TO RN: �,�,�,/��" C. W. K. County Attorney Go . L W. H. Webster 921154 SC-0a 3 1 CC .---Cr /...)!AT roe OF lgt/I`j PETITION FOR INCLUSION OF LANDS IN THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT AND THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT TO: THE BOARD OF DIRECTORS OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT AND THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT 1. The undersigned owner(s) of lands located in the County(ies) of Weld , State of Colorado, hereby Petition that the lands hereinafter described be included in the Central Colorado Water Conservancy District and the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District. 2. The legal description of the lands to be included is as follows and a Deed for the described land is attached hereto: 3. A description of the wells owned by the undersigned and located on the included property is as follows: A. NAME OF STRUCTURE: Giesert Pit B. REGISTRATION OR PERMIT NUMBER: Permit applied for C. ADJUDICATION CASE NUMBER: (Attach copy of Well Decree) N/A D. CAPACITY: Approximately 560 of E. LOCATION (1/41/4, Sec. Twp. & Rge.) : NE 1/4 , SW 1/4 , Section 31 , T6N, R65W; N 1/2 , SE 1/4 , Section 31 , T6N, R65W; SW 1/4, NE 1/4, Section 31, T6N, R65W of 6th PM, Weld F. NUMBER OF ACRES IRRIGATED: N/A County, Colorado Net lake surface 22. 38 acres 921154 • G. NAME AND ADDRESS OF PETITIONER(S) (Please print) : Board of County Commissioners of Weld County P.O. Box 758 Greeley, CO 80632 / /} DATED this 9 day of A�G�4/ e_/�-� ,, 19 [a Pe tioner( signature /a pi Petitioner(s) signature ACKNOWLEDGMENTS STATE OF COLORADO ) ss. COUNTY OF -714- The foregoing instrument was afccnowledged befog me this 7 day of 19 3, by veto WITNESS my hand and Official Seal. My Commission expires: 4-C_A-AdolLir Notary Public STATE OF COLORADO ) �V ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by WITNESS my hand and Official Seal. My Commission expires: Notary Public 9Z11S4 RO.Thly tr PETITION FOR 1SS D NON-IRRIGATION WATER ALLOTh T CONTRACT FROM THE GROUND WATER MANAGEMENT SUBDIo fRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT Petitioner,hereinafter named,hereby petitions the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District,a political subdivi- sion of the State of Colorado,organized and existing by virtue of C.R.S.1973,Section 37.45.101,et.seq.,for a Class D Non-irrigation Water Allotment Contract for beneficial use of water under the following terms and conditions: 1, Name,address and telephone number of Petitioner:(also supply address of local representative,if any) Board of County Commissioners of Weld County, Colorado, P. 0. Box 758., Greeley, CQ._80632_,_5303.)_.3.5_6-404D_,_c_Lq_LLe_t_ D. Morr soAssistant County Attorney_, Extension 4391. 2. Legal description of the lands where the water will be used and attached.(attach a copy of deed(s)for land and state total acreage): Sec_tion 18� -,E5-6�1;_ _n_f_� e ,__ _ _ctioti_L3, TZN,__R6ZW_.oL._the_5th_P.M..,_ Weld County Co_londq,3. Ground water use. a.Type of ground water use:(domestic,livestock,commercial,industrial) Industrial b.Short description of ground water use: Water lOSS from the pit will be due to evaporation, gravel extraction and dust control of haul roads. .99 AB water loss annually__due to dust _ control and gravel extraction with 12,000 tons of gravel removed annually. 4. Petitioner owns and/or uses on the above-described lands the following water rights:(attach a copy of decree(s)for welt(s): Gravel Pit Location(Quarter, Pumping Well Permit Name or Number Quarter, Capacity Adjudication or Registration No., Decreed of Well Section,T.,R.) (g.p.m.) Case No. if any Use a.State the power source(s)used for ground water diversion(s):(electric,gasoline,diesel,natural gas) N/A b.Do your wells have totalizer flow meters installed and operating? c.Stale whether an efficiency determination of your well(s)has been made,and II so state that eilielgncy.for eacfifwelll. N/A 5. Ground water diversion and return flow acre-feel by months: See Attachment A: Ground Water Diversion I OtObpd Water Return Flow Month Min. Average Max. Min . ? . Average Max. Jan Feb Mar Apr • May Jun Jul Aug o ii Sep Oct ,r r Nov Dec Total a.The above quantities were determined by:(state name,address,telephone number and date determined) Dave Jones, Tuttle Applegate Inc. , 11990 Grant St. , Ste. 410, Denver, CO 80233, 452-6611 - Determined Nov. 20, 1991. b.Method of determination:(briefly describe and attach supplemental documents as necessary)__See Attachment A. 6. It is understood and agreed that Petitioner will provide the Subdistrict with reports concerning ground water diversion and ground water return flow for each calendar year such as set out in Paragraph 5. 7. It is understood and agreed that Petitioner will,upon request by the Subdistrict and upon provision of the appropriate form,furnish to the Subdistrict records of his power consumption for each of his ground water diversion structures shown in Paragraph 4.a. ALL INFORMATION MUST BE PROVIDED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING. PETITIONER SHALL BEAR THE COST OF PROVIDING THE REQUESTED INFORMATION. 32.30 acre feet and the initial annual special assessment will 8. The initial amount of augmentation plan replacement water allotted for this use is be$ at$ per acre-foot.The amount of water allotted,the initial assessment and assessment per acre-foot will change from year to year and Applicant will be notified of a change in special assessment by a yearly bill of assessment.It is understood and agreed by Petitioner that the quantity of augmentation plan replacement water to be allotted is to be determined by the Board on the basis of information given in Paragraphs 2 through 6 above. 9. It is understood and agreed that upon entry of an order granting said Petition,Petitioner shall be obligated under the terms of this Contract.Petitioner may,within 15 days of the receipt of this Contract or any annual bill of assessment,make an objection In writing to the Board of Directors of the Subdistrict stating in particular why the Contractor bill of assessment is incorrect.The Board of Directors may review the written objection and with or without hearing act upon the same and notify Petitioner. 10. Because the proposed augmentation plan will be based on information provided In Paragraphs 2 through 6,Petitioner agrees: a.To continue to use the water rights described in Paragraph 4 in the same manner and to the same extent as described in Paragraph 3 and 5,or b.To immediately notify the Board of Directors of the Subdistrict of any changes in the Information given in Paragraphs 2 through 6. 11. It Is understood and agreed that failure to adhere to Paragraph 10 may result In the Immediate termination of this contract by the Board of Directors.If your contract is so terminated you may petition the Board of Directors to be heard on the matter of the termination. 12. II is understood and agreed that any replacement water allotted by the Board of Directors of the Subdistrict shall be for the purpose of permitting the use of well water for the use described above,provided,however,that all uses which receive benefit front the allotment shall be within the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District. PETITIONER MUST PROVIDE ALL INFORMATION REQUESTED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING.THE INFORMATION MUST BE CORRECT AND ACCURATE SINCE THE SUBDISTRICT RELIES ON IT TO GRANT THE CONTRACT AND CANNOT BE RESPONSIBLE FOR INCORRECT OR INACCURATE INFORMATION. 921154 • • -- s • 13. It is understood and agreed that the Board of Directors of the Subdistrict will attempt to obtain and maintain Judicial or administrative approval of an ade- quate Plan of Augmentation,or other operating plan,In order to enable Petitioner to operate the well(s)described above In accordance with the rules and regulations of the Slate Engineer governing well pumping,and the laws of the Slate of Colorado.The Board of Directors of the Subdistrict do not guarantee that the Petitioner will have the continued and unrestricted use of well water.The Subdistrict will use its best efforts to obtain an operating plan,or Plan of Augmentation,in order to assist the Petitioner in the continued use of well water and will take such actions as deemed proper by the Board of Directors to promote or protect said plans. 14. Pursuant to Section 37.45-125(2)(f),C.R.S.1973,the annual assessments herein shell become a tax lien upon the lands for which such water is petitioned and allocated.Upon termination of this Contract any unpaid assessments will remain a Hen upon the land. • 15. The term of this contract shall be for the calendar year beginning the January 1 after the signing of this contract or,In the alternative,the parties may elect to begin the term Immediately upon execution in which event the contract shall expire at the end of the calendar year.The contract shall be automatically renewed each year,if timely payment is made,unless notice in writing Is given by either party canceling the contract thirty(30)days prior to the end of the calendar year. 16. It Is understood and agreed that the replacement water allotment Is made for the exclusive benefit of the Petitioner's lands and may not be transferred to any lands other t n those described in Par ra without the prior specific approval of the Board of Directors of said Subdistrict. Petitioner /q1/41{ Petitioner Petitioner Petitioner The foregoing instrument was acknowledged before me by the above signed this er.S. day of as. -4---,— ,/798' WITNESS my hand and official seal. i(._II ! �Jolary Public My Commission Expires: _ Street 9 Ag-- I/O/ >> CITY Stale(,(�/- 57 ORDER FOR CLASS D NON-IRRIGATION WATER ALLOTMENT Due notice have been given and hearing had, It Is ORDERED that the above petition be granted end is hereby made a contract and an Initial allotment of acre.feet of augmentation replacement water be made to the lands therein described upon the terms,and payable in the manner,as In said petition,the Initial amount payable being an annual assessment of S .Failure to notify the Board of Directors of any material changes may result in the Immediate termination of this contract. DONE this day of , GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT By President ATTEST: (Seal) Secretary (H P''. f/ 4f¢V!r 6f ! rsy 'W? VYx 4 9211c4t 4522759 TUTTLE APPLEGATE INC _ 186 PO4 DEC 17 '91 12:03 •Print Date: 17-Dec-91 Tattle Applegate, Inc. TABLE 1 Consultants for Land and Resource Development Attachment A VELD COUNTY KOENIG PIT sA AAAA*ilk****AIAAA*AAk*kk******t*AAA A.A*********k*1t *Annual Sales of Materiel a 12,000 Tons * *Moisture Content of Material 4 % * *Gross Lake Evaporation = 38.3 In/Yr. * (Annual Total) * *Annual Precipitation 12.13 In/Yr. * *Wetlands Cons. use- 30.5 In/Yr. * *****k************AA AA Ak***********k*******AAAAk*k** *****OPERATIONAL LOSSES***** ANNUAL DESCRIPTION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL _—_--------- =eat-- Sand and Gravel Sales ^^ Percent of Yearly Sates 2.40 3.20 4.00 6.00 8.00 12.00 18.00 20.00 16.00 4.00 3.20 3.20 100.00 Monthty Sales Volume 288 384 480 720 960 1,440 2,160 2,400 1,920 480 384 384 12,000 Moisture Less in Materiel(ac-ft) 0.01 0.01 0.01 0.02 0.03 0.04 0.06 0.07 0.06 0.01 0.01 0.01 0-35 Dust Control (ac-ft) 0.00 0.00 0.00 0.00 0.05 0.08 0.13 0.15 0.18 0.05 0.00 0.00 0.64 TOTAL MONTHLY CONSUMPTION 0.01 0.01 0.01 0.02 0.08 0.12 0.19 0.22 0.24 0.06 0.01 0.01 0.99 ****#*ALA LAAA AA AAA AAAAA AA AAAAAk*k** *Total Lake Surface * 17.60 acres *Pre-1981 Ponds * 4.10 Beres *Net Lake Surface * 13.50 acres *Acreage for Historic * 0.00 acres Consumptive use Credits * *A*********W**A*AA AkLA******tinalct** *****EVAPORATIVE LOSSES***** ANNUAL DESCRIPTION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL Eveporation es % of Annual 2.90% 3.20% 4.50% 6.70% 9.00% 13.40%. 15.90% 15.20% 12.10%. 8.30%. 5.40%. 3.40% 100.00% Gross Leke Evaporation (ft.) 0.09 0.10 0.14 0.21 0.29 0.43 0.51 0.49 0.39 0.26 0.17 0.11 3.19 Precipitation (in.) 0.28 0.23 0.76 1.42 2.36 1.71 1.32 1.27 1.09 0.90 0.46 0.33 12.13 Effective Precipitation (ft.) 0.02 0.01 0.04 0.08 0.14 0.10 0.08 0.07 0.06 0.05 0.03 0.02 0.71 Net Lake Evaporation (ft) 0.00 0.00 0.10 0.13 0.15 0.33 0.43 0.41 0.32 0.21 0.15 0.09 2.32 Credit for Historic Cons. Use (ft) 0.00 0.00 0.00 0.21 0.28 0.42 0.50 0.48 0.38 0.26 0.00 0.00 2.54 Net Historic Cons. Use (ft) 0.00 0.00 0.00 0.13 0.15 0.32 0.42 0.40 0.32 0.21 0.00 0.00 1.95 TOTAL LAKE EVAPORATION (ac-ft) 0.00 0.00 1.34 1.77 2.02 4.43 5.81 5.55 4.36 2.87 1.96 1.21 31.31 CONSUMPTIVE USE CREDITS (ac-ft) 0.00 0.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NET EVAPORATION (ac-ft) 0.00 0.03 1.34 1.77 2,02 4.43 5.81 5.55 4.36 2.87 1.96 1.21 31.31 TOTAL WATER LOSSES (AC-FT) 0.01 0.01 1.35 1.79 2.10 4.55 6.00 5.77 4.59 2.93 1.98 1.22 32.30 DEC 17 ' 91 11 : 04 4522759 PAGE . 004 911='4 Hello