HomeMy WebLinkAbout20194150.tiff HEARING CERTIFICATION
RE: CONSIDER SERVICE PLAN, MET19-0002, FOR PLATTE RIVER METROPOLITAN
DISTRICT
A public hearing was conducted on September 23, 2019, at 9:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Clerk to the Board, Esther Gesick
Assistant County Attorney, Bob Choate
Director of Finance and Administration, Don Warden
The following business was transacted:
I hereby certify that pursuant to a notice duly published July 31, 2019, in the Greeley Tribune,
a public hearing was conducted on September 18, 2019, to consider the proposed Service Plan
for the Platte River Metropolitan District. At said hearing the matter was continued to
September 23, 2019, to allow the applicant and County Attorney's Office adequate time to revise
certain provisions within the Service Plan. Bob Choate, Assistant County Attorney, made this a
matter of record. He reviewed the changes, which are nearly identical to the previous Real Weld
discussion, concerning the definition of Service Area, updated language for the provision of
potable water services only upon consent of an existing water district, 45-day notice to the County
prior to any inclusion/exclusion of property and allowing for the simultaneous exclusion from
another district. He referenced page 16, paragraph V- Use of Water, which he read for the record,
and explained the intent is to ensure any improvements funded by the Platte River Metropolitan
District are located within, and for the benefit of, Weld County. He also referenced page 17
reflecting the updated language requiring 45-days' notice to allow the County to comment or
object concerning any preliminary infrastructure. Lastly, he highlighted newly proposed language
on page 20 to be addressed further by the applicant.
Diane Miller, Miller and Associates Law Offices, represented the applicant and displayed a
PowerPoint presentation (Exhibit G) showing the proposed revisions, which she reviewed for the
record. 1E1 She also addressed the current state of the law reflected in Court Case 2018COA134
and the finding that the Special District Act does not require consent of mineral interest owners
or their lessees for inclusion in a district, and although they are fee owners, they are not owners
of property capable of being served by the district. Ms. Miller showed additional slides reiterating
the regional need for the district and discussed potential strategies for the South Platte River
Basin, seeking to provide conservation, reuse, storage, reservoirs, recharge, and diversion to
prevent the dry up of agricultural lands, while still providing for municipal growth. She confirmed
they are willing to remove the same six parcels currently served by the Central Weld County
Water District (CWCWD) from the inclusion area. In response to Chair Kirkmeyer, Ms. Miller
confirmed she spoke with the representative from the North Weld County Water District
(NWCWD) concerning the inclusion of the same provisions as the Real Weld Metropolitan District,
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HEARING CERTIFICATION - SERVICE PLAN FOR PLATTE RIVER METROPOLITAN
DISTRICT (MET19-0002)
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and he was fine with the understanding that there will be no overlapping services. Bruce Barker,
County Attorney, referenced the need for a correction to Section V.A.2 to include the language
concerning the funding for improvements to be located within Weld County, which he read for the
record.
El Kirk Mueller, Attorney representing HighPoint Resources and Bonanza Creek Energy, stated
his comments are the same as previously stated at the Real Weld Metropolitan District hearing.
le Kathy Naibauer, CWCWD, stated her comments are the same as previously stated
concerning the exclusion of the six (6) identified parcels that are receiving water service from the
CWCWD. There being no further comments, Chair Kirkmeyer closed public testimony.
El Chair Kirkmeyer reviewed the changes which were previously discussed, and the Board
agreed to modify the language concerning the service area, which will reflect a new acreage
amount due to the removal of six (6) parcels. They also agreed to include the new language
requiring 45-days' notice prior to inclusions/exclusions, prohibiting the use of eminent domain,
adding to the purpose statement, and directing staff to ensure notice to Mr. Mueller concerning
any future actions. Ms. Miller concurred with the revisions.
Via telephone conference, Robert Lembke, applicant/property owner, stated he had no
further comments.
IR Commissioner Conway recognized, based on his previous experience helping develop
state-wide water plans, that the need for water is great, and water storage and preservation of
agricultural water is of utmost importance.
El Commissioner Conway moved to approve the Service Plan for the Platte River Metropolitan
District, as amended, with the Conditions of Approval and direction to staff to provide notice to
Mr. Mueller for any future actions. Commissioner Freeman seconded the motion, which carried
unanimously. There being no further discussion, the hearing was completed at 12:15 p.m.
2019-4150
SD0141
HEARING CERTIFICATION - SERVICE PLAN FOR PLATTE RIVER METROPOLITAN
DISTRICT (MET19-0002)
PAGE 3
This Certification was approved on the 30th day of September, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 47,40A) Se :K
arbara Kirkmey , Chair
Weld County Clerk to the Board
// Mien, P -Tem
BY: �I A. Ltui ,-
Deputy Clerk to the Board
40'.6."`"%% Sean P. Conway
•.!-.li,eitcot . James
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, •`�, Steve Moreno
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2019-4150
SD0141
ATTENDANCE LIST
013-020N
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