HomeMy WebLinkAbout970840.tiffRESOLUTION
RE: SUPPORTING PASSAGE OF LEGISLATION TO ACCOMPLISH AN EXCHANGE OF
LAND OWNED BY THE CITY OF GREELEY AND THE WATER SUPPLY STORAGE
COMPANY FOR LAND UNDER AND AROUND EXISTING RESERVOIRS IN THE
ROOSEVELT NATIONAL FOREST, OWNED BY THE U.S. GOVERNMENT
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 Greeley owns approximately 520 acres of land generally known
as the Rockwell Ranch within the Roosevelt National Forest, and
WHEREAS, the Water Supply and Storage Company owns approximately 178 acres of
land generally known as Cameron Pass lands, and
WHEREAS, such lands originally acquired as future water storage sites are no longer
needed for such purpose, and
WHEREAS, the City of Greeley and the Water Supply and Storage Company own and
operate several reservoirs which are partly or wholly upon land within the Roosevelt National
Forest as authorized by time -limited permits or easements, and
WHEREAS, the City of Greeley and the Water Supply and Storage Company ownership
of the land under and around the existing reservoirs and appurtenant structures would secure
these supplies permanently, and
WHEREAS, the Roosevelt National Forest would be enhanced by placing the Rockwell
Ranch and Cameron Pass properties under the ownership of the U.S. Government and
managed as part of the National Forest.
NOW, THEREFORE, BE IT RESOLVED by the Board of Weld County Commissioners
of Weld County, Colorado, that the Board supports passage of legislation to accomplish an
exchange of land owned by the City of Greeley for land under and around existing municipal
reservoirs in the Roosevelt National Forest, owned by the U.S. Government.
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RESOLUTION SUPPORTING LEGISLATION FOR EXCHANGE OF LAND - GREELEY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of May, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
Tiro,.
Ceputy Cler
APP' a ED AS ORM:
my Atto ney
WELDOUNTY,COL 9RADO
6-412
eorge Baxter, Chair
stance L. Harbert, Pro=Tem
Dale K. Hall
EXCUSED
Barbara J. Kirkmeyer
I/ &/ 1--gt,e/7
W. H. Webster
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City of
Greeley
OFFICE OF THE MAYOR
1000 10TH STREET, GREELEY, COLORADO 80631
(970) 350-9774
April 17, 1997 '
George Baxter, Chairman
Weld County Board of Commissioners
P.O. Box 756
Greeley, CO 80634
Dear George:
The City of Greeley is once again attempting to obtain Congressional authority to
exchange land with the U.S. Forest Service in the Roosevelt National Forest.
Senator Allard and Representative Schaffer have introduced bills to accomplish
this exchange (copy attached).
I am writing to request the County Commissioners adopt a resolution in support
of this legislation. Your action will help us show strong local support for the
exchange which is important to securing our water storage facilities in the
mountains. These storage facilities are invaluable for the Weld County area as
well as Greeley, so that we can maintain a water delivery system second to none
in northern Colorado.
Please consider this request at your earliest opportunity. If necessary I or City
staff can attend a meeting to further explain the bill or to answer any questions.
Sincerely,
LaernC. Nelson
Mayor
Attachment
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SEN ALLARD
002
105TH CONGRESS S
1ST SESSION
IN THE SENATE OF THE UNITED STATES
Mr. ALau1RD introduced the following bill; which was read twice and referred
to the Committee on
A BILL
To provide for an exchange of lands with the city of Greeley,
Colorado, and The Water Supply and Storage Company
to eliminate private inholdings in wilderness areas, and
for other purposes.
1 Be it enacted by the Senate and House of Represento_
2 tives of the United States of Asneriea in Congress assemble4
3 SECTION 1. LAND EXCHANGE WTIH CITY OF GREELSY, COL -
4 ORADO, AND THE WATER SUPPLY AND STOW
S AGE COMPANY.
6 (a) IN GKNNR L. --If the city of Greeley, Colorado,
7 and The Water Supply and Storage Company, a Colorado
8 mutual ditch company, offer to transfer all their right,
9 title, and interest in and to lands described in subsection
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t (b), the Secretary of Agriculture shall, not later than 1
2 year after the date of the city's and company's offer, in
3 exchange for the property, transfer to the city and to the
4 company, as the city and the company, respectively, shall
5 designate, all right; title, and interest of the United States
6 in and to the Federal land described in subsection (c).
7 (b) CITY AND COMPANY LANDS. ---
8 (1) IN GENERAL —The city and company lands
9 to be exchanged under this section are the lands de -
10 scribed in paragraph (2) that arc depicted on maps
11 entitled "Rockwell Ranch Property Land Ex -
12 change", "Timberline Lake Property", and "Cam_
13 eron Pass Lands" dated February 7, 1997.
14 (2) ACREAGE. -
15 (A) ROCKWELL RANCfi PROPERTY. —The
16 Rockwell Ranch property is comprised of 4 par -
17 eels containing approximately 520 acres of land.
18 (B) TIMBERLINE LAKE PROPERTY. —The
19 Timberline Lake Property is a parcel of ap-
20 proximately 10 acres bested in the Comanche
21 Peak Wilderness.
22
(C) CA.NtsaON PASS LANDS. —The Cameron
23 Pass Lands consist of 2 parcels totaling ap-
24 proximately 178 aeres owned by The Water
25 Supply and Storage Company.
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1 (3) QUIT CLAIM DEED. --The land described in
2 paragraph (2)(B) shall be conveyed by quit claim
3 deed for the purposes of eliminating any title conflict
4 between the city of Greeley and the United States in
5 regard Lao the land.
6 (4) AVAILABILITY OF MAPS. —The maps de -
7 scribed in paragraph (1) shall be on file and avail -
8 able for public inspection in the office of the Super -
9 visor of the Arapaho National Forest and Roosevelt
10 National Forest in Fort Collins, Colorado.
11 (e) FEDERAL LANDS. -
12 (1) IN GEtvERa1--The Federal lands to be ex -
13 changed under this section are the lands depicted on
14 the maps described in subsection (b) as "Federal
15 Exchange Lands".
16 (2) ACREAQE.—The total area of Federal land
17 to be exchanged is approximately 1,176 acres, in -
18 eluding approximately 447 acres occupied by the city
19 and the company under perpetual easements of the
20 United States Department of the Interior, Nos. D-
21 028135 and I)-029149.
22 (3) LAND INCLUDED. —The Federal land to be
23 exchanged includes the following.
24 (A) All Federal land within the high water
25 contour lines (that is, the elevation of the darn
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1 crest) of the following reservoirs: Barnes Mead -
2 ow, Chambers Lake, Comanche, Hourglass,
3 Long Draw, Milton Seaman, Peterson Lake,
4 and Twin Lakes, together with their dams and
5 structures.
6 (B) A surcharge and operational access
7 area around each reservoir consisting of an av-
8 erage 50 -foot horizontal projection from the
9 high water line and an average 100 -foot hori-
10 zontal projection from the outer perimeter of all
11 dams, and appurtenant structures (including
12 outlets, measuring devices, spillways,
13 wasteways, toe drains, canals, abutments, and
14 the Peterson Lake operations cabin), as gen-
15 erally depicted on the maps described in sub -
16 section (b), the access area to the east of Long
17 Draw Reservoir being limited to the extent nee -
18 essary to convey only the land within the
19 boundary of a national forest
20 (0) The Federal land that would be occu-
21 pied by an enlargement of Seaman Reservoir to
22 an approximate capacity of 43,000 acre feet
23 (but not to exceed 50,000 acre feet), including
24 an average 50 -foot horizontally projected buffer
25 zone around the enlarged water line and struc-
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tures and an 80 -acre parcel of Federal land
2 south of Seaman Reservoir
potentially required
3 for a downstream damsite on the North Fork of
4 the Cache la Poudre River, as
generally de-
picted on the maps described in subsection (b).
6 SEC. 2. PROCESSING OF AND TERMS AND CONDITIONS RE -
7 LATINO TO LAND EXCHANGE.
8 (a) Pnocassim.—The land exchange under section
9 1 shall be processed in accordance with Forest Service
10 Land Exchange Regulations in subpart A of part 254 of
11 title 36, Code of Federal Regulations, subject to section
12 1 and the terms and conditions stated in subsection (b).
13 (b) TERMS AND CONDITIONS. ---
l4 (1) EASEMENTS. —The United States shail—
l5 (A) grant perpetual access easements to
16 the city of Greeley, Colorado, and to The Water
17 Supply and Storage Company to the land con -
18 veycd by the United States under section 1; and
19 (B) reserve easements for all designated
20 roads and trails crossing any Federal land to he
21 conveyed that are necessary to ensure public ac-
22 cess to adjoining national forest lard.
23 (2) ACCICSS18ILITY.—The city of Greeley, Colo -
24 rado, and The Water Supply and Storage Company
25 shall continue to make accessible to visitors to the
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1 Roosevelt National Forest, under rules and restric-
2 tions determined by the city and the company,
3 Chambers Reservoir, Long Draw Reservoir, Peterson
4 Reservoir, Barnes Meadow Reservoir, Comanche
5 Reservoir, Seaman Reservoir, and Twin Lakes Res -
6 ervoir.
7 (3) SPEGaAL USE PERMITS AND EASEMENTS. —
All special use permits and easements and other in -
9 atruments authorizing occupancy of the Federal land
10 described in section 1(e) are rescinded on completion
11 of the exchange.
12 (4) INSTREAM FLOW REQUIREMENTS. -
13 (A) JOINT OPERATIONS PLAN. —The eondi-
14 Lions specified in the easements granted on De -
15 camber 28, 1994, and January 4, 1995, for
16 Long Draw Reservoir, Peterson Lake Reservoir,
17 and Barnes Meadow Reservoir requiring a joint
18 operations plan providing instream winter flows
19 to the mainstream of the Cache la Poudre River
20 from Chambers Lake and Barnes Meadow Res -
21 ervoir shall continue to be fulfilled regardless of
22 land ownership unless the grantor and grantee
23 of an easement agree otherwise.
24 (B) ROCIcWELI. RANCH PROPERTY. -
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1 {i) IN GENERAL. —On completion of
2 the land exchange, the city of Greeley's 1/2
3 interest in the rights associated with the
4 Rockwell Ranch property described in
5 clause (ii) shall be dedicated to the Colo -
6 rade Water Conservation Board in per -
7 pet➢ity for the instream flow program of
8 the State of Colorado.
9 (ii.) RIGHTS. —The rights described in
10 this subparagraph are the rights in Rock -
1I well Ditches No. 1 in the volume of 1.2
12 e.f_s., No. 2 in the volume of 1.7 c.f.s., No.
13 3 in the volume of 2.68 c.f.s., No. 4 in the
14 volume of 1.87 c_f.s., No. 5 in the volume
I5 of 1.95 al's. and No. 6 in the volume of
16 2.5 c.f.s_, diverting from the South Fork of
17 the Cache la Poudre River, and its tribu-
18 taxies, Little Beaver Creek, and the North
19 Fork of Little Beaver Creek, all with the
20 appropriation date of December 31, 1888.
21 (C) No ADDITIONAL CONDITIONS, CON -
22 8l1LTATIONS, OR WTIGATLON.—No conditions,
23 consultations, or mitigation (including instream
24 or bypass flow requirements) in addition to
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1 those described in this Act shall be required as
2 a condition of the land exchange.
3 (5) WATER RIGHTS. —Exec t as
P provided in
4 paragraph (4)(li), the land exch
ange does not IIl•
5 elude any water right owned by the city of Greeley,
6 Colorado, or The Water Supply and Storage Com-
7 pang.
8 (6) CONVEYANCE OF FEDERAL LAND. —
(A) IN GENERAL: The Federal land to be
10 exchanged shall be conveyed to the city of Gree-
11 ley, Colorado, and to The Water Supply and
12 Storage Company by means of a land exchange
13 deed issued by an authorized officer of the For -
14 est Service.
15 (8) SURVEY'. —Notwithstanding any other
16 provision of law, the Secret
ary of Agriculture
17 may conduct and approve all cadastral surveys
18 that are necessary for completion of the ex -
19 change. .
20 (7) EQUAL VALUE. —The values of the lands ex -
21 changed between the United States and the city of
22 Greeley, Colorado, and The Water Supply and Stor-
23 age Company are deemed to be of approximately
24 equal value, without need for a cash equalization
25 payment. •
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1 (8) NEW HOLnTNGS.—
2 (A) IN GENERAL. — It is recognized that
3 the conveyance of certain portions of Federal
4 land to the city of Greeley, Colorado, and The
5 Water Supply and Storage Company will create
6 new holdings in otherwise consolidated areas of
7 Federal ownership.
8
(B) NOTTPICA ION. If the city of Greeley,
9 Colorado, or The Water Supply and Storage
Company decides to permanently discontinue
reservoir operations on any of the properties ac-
quired through the exchange, the Forest Super-
visor of the Arapaho National Forest and Roo-
sevelt National Forest shall be advised of the
intent to perform nonreeonstructive breaching
of the dam for purposes of permanently termi-
nating reservoir operations.
(C) OPPORTUNITY TO REACQU1ZjE.—On
notification under subparagraph (B), the Forest
Service shall be afforded the opportunity, for a
period not to exceed I year, to reacquire I►rop-
erty at fair market value or exchange or on
such other terms and conditions as may be
agreed to by the parties concerned.
(9) DEVELOPMENT. -
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1 (A) FINDING. —Congress finds that the
2 Federal land to be exchanged, with the exn'p-
3 tion of the Seaman Reservoir enlargement area
4 and potential new damsite below Seaman Res-
ervoir on the North Fork of the Cache la
6 Poudre River, are fully developed and author -
7 ized for occupancy by the city of Greeley, Cola
8 rado, and The Water Supply and Storage Com-
9
Party -
10 (B) No FURTHER INVENTORY OR CON -
11 sULTATION= The land exchange may be com-
12 pleted without further inventory or consultation
13 under the National Historic Preservation Ant
14 (16 U.S.C. 470 et seq.).
15 (C) ENLARGEMENT. —If the city of Gree-
16 ley, Colorado, seeks enlargement of Seaman
17 Reservoir or construction of a dam on the
18 North Fork of the Poudre River below Seaman
19 Reservoir for a Seaman Reservoir Enlargement,
20 the site shall be subject to all Federal laws (in -
21 eluding regulations) applicable at the time of
22 proposed construction.
23 (10) EASEMENT FOR USE OF CABIN. -
24 (A) IN GENERAL ,The Chief of the Forest
25 Service shall grant a 20 -year easement to the
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1 city of Greeley, Colorado, for use of the cabin,
2 in existence on the date of enactment of this
3 Act, in the north half of the southwest quarter
4 of Section 30, Township 8 North, Range 72
5 West.
6 (0) ALLOWED USES. —The easement shall
7 allow the use of the cabin and other improve -
8 ments and s ness to the forest land nearby.
9 (C) ACCESS ROAD. —The access mad shall
10 he available for city employees to have access to
11 the cabin for recreational purposes and to the
12 Forest Service for administrative purposes.
13 (11) EASEMENT FOR USE OF LAND. -
14 (A) IN GENERAL. —The Chief of the Forest
15 Service shall grant a 20 -year easement to the
16 city of Greeley, Colorado, for use of approffi-
17 mately 1 acre of land under the cabin, in exist -
18 nice on the date of enactment of this Aet, in
19 the vicinity of Jacks Gulch Campground on
20 Pingree Road.
21 (B) ALLOWED USES. —The easement shall
22 include the administrative use of the access
23 road to the cabin and the reservation of the use
24 of the cabin to persons permitted under the
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1 special use permit in effect on the date of en -
2 netment of this Act.
3 SEC. 3. ADMINISTRATION OF LAND ACQUIRED BY THE
4 UNITED STATES.
5 (a) IN GENERAL —The land acquired by the United
6 States under section 1. shall be added to and administered
7 as part of the Roosevelt National Forest.
8 (b) WILDERNESS. —The portions of the land located
9 within a wilderness area shall be added to and adminis-
10 tered as part of the wilderness area_
11 SEC. 4. BOUNDARY MODIFICATION OF' THE ARAPAHO NA.
I2 TIOIDIAL FOREST AND ROOSEVELT NATIONAL
13 FOREST.
14 (a) MODIFICATION. -
15 (1) IN GENERAL. —In order to provide for more
16 efficient administration of certain Federal lands ad -
17 joining the Arapaho National Forest and Roosevelt
18 National Forest -
19 (A) the exterior boundary of the Arapaho
20 National Forest is modified as shown on the
21 map entitled "Boundary Modification, Arapaho
22 National Forest"; and
23 (B) the exterior boundary of the Roosevelt
24 National Forest is modified as shown on the
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1 map entitled "Boundary Modification, Roosevelt
2 National Forest".
3 (2) PUBLIC AVAILABILITY. —The maps de -
4 scribed in paragraph (1) and a legal description of
5 the boundary changes shall be on file and available
6 for public inspection in the office of the Chief of the
7 Forest Service and appropriate field offices of the
8 Forest Service.
9 (b) ADMINISTRATION. All Federal land brought
10 within the boundary of the Arapaho National Forest and
L I the Roosevelt National Forest by this Act as a result of
12 the land exchange under section 1 shall be added to the
13 Arapaho National Forest and the Rnncevelt National For -
14 est, respectively, and administered in accordance with the
15 laws (including regulations) and other rules applicable to
16 the National Forest System.
17 (c) AvarmAsarCY OF CERTAIN LANDS. For the
18 purpose of section 7 of the Land and Water Conservation
19 Fund Act of 1965 (16 U.S.C. 4601-9), the boundary of
20 each of the Arapaho National Forest and the Roosevelt
21 National Forest, as modified by this section, shall be treat -
22 ed as if it wore the boundary of each forest, respectively,
23 as of January 1, 1965.
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