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RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH GROUND WATER
MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER
CONSERVANCY DISTRICT AND AUTHORIZE CHAIR TO SIGN
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 Intergovernmental Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Ground Water Management Subdistrict of the Central
Colorado Water Conservancy District, with 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 Intergovernmental Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of 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 Chair 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 August, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
.��, W, D COUNTY, COLD /DO
' /G �6%On x(114 �G . / / ,4 _
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I
' ' g�, Barbara JKirkmeye', Chair'gs' %O•;e'tft Co ty Clerk to the Board FXCI ISFI) r)ATF (')F SIfNINf (AYF).
® W ��� eorge E. Baxter, Pr Te
Deputy Clerk the Board L
Dale K. Hall }�
APP D AS TO FO • dt-1
Constance L. Harbert
ounty Attorn t.//X ` /(0) , A1 �I
. Webster
961503
CC-' lC��i ctiv �Cl cu re ���� EG0035
INTERGOVERNMENTAL AGREEMENT ��JJ
THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this altB
li-
day of , 1996 by and between Weld County by and through its Board of
County Conn ssioners 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, Central, pursuant to an Agreement dated April 18, 1995 with the
William R. Jones Ditch Company, enlarged the existing inlet to Siebring Reservoir; and
WHEREAS, the preexisting inlet structure and the enlarged structure both are
located within the William R. Jones ditch right of way and the right of way for Weld County
Road 25; and
WHEREAS, the William R. Jones Ditch has been in existence since September 1,
1867, prior to the existence of Weld County Road 25; and
WHEREAS, Central and Weld County wish to address and resolve the joint use of
the rights of way to which each is entitled.
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 install and maintain a guard rail on Weld County Road 25
at the location of the Siebring Reservoir Inlet on the Williams R. Jones Ditch.
2. Central agrees to modify the Siebring Reservoir Inlet in accordance with the
Modified Inlet Design attached hereto and revised April 30, 1996. Such
modification shall be completed 30 days prior to the date Weld County
establishes, in writing, for paving Weld County Road 25. Central shall receive
written notice from Weld County of the date it proposes to pave Weld County
Road 25 at least 90 days prior to such date in order to give Central time to
complete the modification.
3. Central's modification included placing a grate over the structure and Central
will maintain a grate on the structure.
2REC DOC
e08C5 ty1CO P—582 A 0�6Tsukamo6 to C7P lerk & Recorder 0.00
Weld County CO
F:\KIM\CCWC\SIEBRING\AGREE.WLD 1
961593
4. Weld County shall continue to maintain the culvert for the Ditch under Weld
County Road 25.
5. 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.
6. This Agreement is binding upon the parties, their successors and assigns.
GROUND WATER MANAGEMENT
SUBDISTRICT OF THE CENTRAL
COLORADO WATER CONSERVANCY
DISTRICT
Gee) _
Robert W. Walker, President
r. p0R,i c"
(Seb � `a
SEAL. D
**(Ala':Secretary
`tc �thildi
D COUNTY /
,
arbara J. Kirkmeyer, Chai 08/26/96
(0)
arbara Weld County Board of Commissioners
OF 2
2509845 B-1565 P-582 09/06/96 01:37P PG 2
F:\KIM\CCWC\SIEBRING\AGREE.WLD 2
961593
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LIND, LAWRENCE & OTTENHOFF
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
TELEPHONE
KENNTH. .LIND
(970)353-2323
KENNETH IMR. F. (970)356-9160
KIM R.LAWRENCE TELECOPIER
(970)356-1111
JEFFREY R.BURNS
August 21 , 1996
DECEIVE
Bruce Barker, Esq. AUG 2 6 1996
Weld County Attorney
P. O. Box 1948
Greeley, Colorado 80632 WELD COUNTY
ATTORNEY'S OFFICE
Re: Jones Ditch
Dear Bruce:
Enclosed are duplicate originals of the Intergovernmental Agreement concerning the
Jones Ditch. The originals have been signed by Central. Please return one original
after it has been signed by the County.
Sincerely,
LIND, LAWRENCE & OTTENHOFF
tu ..4.14204.44‘..„
Kim R. Lawrence
KRL/jer
Enclosures
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F:\KIM\CC W C\SIEBRING\BARKER2.LTR
96WE°3
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