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Home My WebLink About992772.tiff BOARD OF COUNTY COMMISSIONERS PHONE (970) 356-4000, Ext. 4200 IFAX: (970) 352-0242 VI D • P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO' November 12, 1999 Central Colorado Water Conservancy District ATTN: Tom Cech 3209 West 28th Street Greeley, CO 80631 RE: Giesert Gravel Pit, Property ID#585 and Koenig Gravel Pit, Property ID #587 Dear Mr. Cech: This is in response to your letter of October 15, 1999. As you have been advised by Lee Morrison, Assistant County Attorney, the County has submitted a Temporary Supply Plan for the Giesert Gravel Pit, which no longer relies upon administration of augmentation by the Central Colorado Water Conservancy District ("CCWCD"). The Board and the County staff appreciates the services and cooperation provided by the CCWCD and looks forNard to continued cooperation as represented by such projects as the Koenig Gravel Pit Storage Project. Please accept this letter as notice pursuant to paragraph 10 of the Agreement of February 213, 1992, that Weld County does not wish to extend the Intergovernmental Agreement for an additional year. Sincerely, BOARD OF WELD COUNTY COMMISSIONERS Dale K. Hall, Chair DKH:LDM/d b:Let/Torncech.wpd pc: Lee Morrison Kim Lawrence Frank Hempen 1 ciq 992772 1� - I� a rs 4;•;\\ TO: Board of Weld County Commissioners FROM: Lee D. Morrison, Assistant Weld County Attorney DATE: November 3, 1999 COLORADO SUBJECT: Terminate Water Agreement Regarding Giesert Pit The water augmentation requirements for the Giesert Gravel Pit had been met for several years in the form of an Agreement with Central Colorado Water Conservancy District for administration of those water rights. The water engineers at Tuttle Applegate are of the opinion that that arrangement would not continue to be satisfactory to the state engineer and in fact was never formally accepted by the state engineer. Therefore, an alternative substitute supply plan was formulated and filed with the state engineer and is waiting review. That substitute supply plan relies primarily on rental of return flow credits from the City of Greeley and, in the opinion of the water engineers, is more likely to he satisfactory to the state engineer particularly with respect to the issues of winter replacement. The current Intergovernmental Agreement with CCWCD automatically renews annually unless notice is given 30 days prior to the end of the year. There is concurrence by the water engineer and CCWCD that there is no need to extend the contract for an additional year. Therefore, I have drafted the attached letter for signature for the chairman to terminate the contract. If acceptable, I will place the matter on the consent agenda for consent to signature by the CI in Le . Morrison Assistant Weld County Attorney LDM/db:Memo/BOCC/CCWCD.wpd Attachment pc: Frank Hempen eaviunk C. II - 15- Place on Work Agenda Session George Baxter ✓ _ Mike Geile ✓ Dale Hall ✓ Barb Kirkmeyer ✓ Glenn Vaad i/ CCVVCIL) r central colorado water conservancy district 3209 West 28th S'reet Greeley. Colorardc 80631 (97D)336-454C'3<10-4 r=41 • ^,1', FAX(970) 330-'1546 October 15, 1999 Weld County Board of Commissioners P.O. Box 758 Greeley, Colorado 80632 Re: Giesert Gravel Pit, property ID#585 and Koenig Gravel Pit, property ID#587 Dear Board of Commissioners: We have been reviewing all augmentation contracts currently administered by Central. During this review we found that:your contracts need to be classified differently. In the past, the two gravel pits (Giesert and Koenig) operated by Weld County were covered by Class D irrigation contracts, and the annual assessments were $600.00 each. A Class D,by law, is to be used only for individual landowners, including non-public corporations. Since you are a county, the Giesert gravel pit needs to be covered by a Class C, Type 9 non-irrigation water allotment contract. Because you no longer have the Koenig gravel pit(#587), we have removed your name from that contract. However, it will be necessary to complete a new Class C contract for the Giesert gravel ptt (#585), even though your annual assessment remains unchanged. In addition, we now are required to maintain, in our files, copies of water stock certificates that support individual contracts. There is an agreement (copy enclosed)between Weld County and Central for 1 share of the Lupton Bottoms Ditch Company. This share is to be assigned to Central's Groundwa er Management Subdistrict and then delivered to the South Platte River in accordance with the gravel pit augmentation policy of Central. We will need a copy of the stock certificate that shows both Weld County and the Central Groundwater Management Subdistrict as the owners of the 1 share of Lupton Bottoms Ditch Company. Enclosed is your new Class C contract for the Giesert gravel pit. Please review it carefully and if everything is as it should be, sign the contract making sure to have your signature(s) notarized. If there are corrections to be made, please notify us so we can issue you another contract. Return as soon as possible,in the enclosed envelope, your signed and notarized contract and copy of the water stock certificate. For Central to continue augmenting the Giesert gravel pit,we will need both the signed contract and the copy of the water stock certificate no later than November 15, 1999. We plan to submit your contract for approval when our board meets on November 16, 1999. Weld County Board of Commissioners October 15, 1999 Page 2 We apologize for any inconveniences this may have caused you. If you have any questions, please feel free to give us a call. Sincerely, ce Ca. Q Tom Cech Executive Director TVC/slk Enclosures pc: Kim Lawrence Lind,Lawrence d'c Ottenhoff Hello