HomeMy WebLinkAbout20220621.tiffDennis J. Hoshiko
FOB 119
Kersey, CO 80644
February 12, 2022
Board of County Commissioners
Weld County
Greeley, CO 80631
Jason S. Maxey
Weld County Oil & Gas Energy Department
Greeley, CO 80631
RECEIVED
FEB 14 2022
WELD COUNTY
COMMISSIONERS
Re: Weld County Code Ordinance 2022-01 — Irrigation Ditch Easement Owners of Record
Ladies and Gentlemen,
I am a third -generation, life-long Weld County resident and professional agriculturist who has
been the owner and/or overseer of over 5,000 acres of irrigated farmland situated in the center of the
most active area of oil and gas development in Weld County. Throughout my entire career which has
spanned nearly half a century, I have had to deal and contend with scores of oil and gas pipeline
companies, contractors, and their attorneys on a regular, ongoing basis.
As an expert witness, I consistently reported and testified at official Weld County meetings and
hearings too numerous to remember during the many years the subject ordinance was being
promulgated, that many irrigation ditches in Weld County (and throughout Colorado) that legally
convey court -decreed water rights are not listed in the public record, or are not "of record" as the
subject ordinance codifies on page 9, Paragraph 2. Evidence of Easements.
Regardless, such irrigation ditches were constructed and have historically been used continuously,
and uninterruptedly for over a century, many of them since the 1800s. Therefore, they and their
owners possess the same, identical legal rights and standing as irrigation ditches that are "of record".
Accordingly, I want to go on record stating that I confidently predict because Weld County ignored my
repeated advice not to do so, and codified the words "of record" officially quantifying irrigation ditches
in Weld County Ordinance 2022-01, that from now on, oil and gas pipeline companies, contractors,
and their attorneys will maintain they do not have to obtain permission from the owners of irrigation
ditches that are not "of record" to route their pipelines under and across our historically established
and legally -recognized prescriptive easements and rights -of -way, much to our perpetual detriment
and chagrin.
Sincerely,
Dennis J. Hoshiko
Co MMVf n $ cc 8occ(kF), PL(TP), CA(93),CT6(E&) 2022-0621
02/23 /22 02/i2/22 - ORD2022-01
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