HomeMy WebLinkAbout20184093.tiffRESOLUTION
RE: APPROVE APPLICATION TO MAKE WATER RIGHT ABSOLUTE OR IN THE
ALTERNATIVE FOR FINDING OF REASONABLE DILIGENCE AND AUTHORIZE
CHAIR TO SIGN - DISTRICT COURT, WATER DIVISION NO. 1
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 Application to Make Water Right
Absolute or in the Alternative for Finding of Reasonable Diligence from the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, to District Court,
Water Division No. 1, Weld County, Colorado, concerning Weld County Dust Control Well #2
(Permit No. 68771-F) with further terms and conditions being as stated in said application, and
WHEREAS, after review, the Board deems it advisable to approve said application, 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 Application to Make Water Right Absolute or in the Alternative for
Finding of Reasonable Diligence from the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, to District Court, Water Division No. 1, Weld
County, Colorado, concerning Weld County Dust Control Well #2 (Permit No. 68771-F) be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said application.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of December, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dactAvo , ;ve
Weld County Clerk to the Board
APP
Mike Freeman
County Attorney
Date of signature: 1j21 f l9
EXCUSED
Ste Moreno, Chair
A ./,c att--
ara Kirkmeyer, P o-Tem
XCUSED
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2018-4093
BC0047
DISTRICT COURT, WATER DIVISION NO. 1,
WELD COUNTY, COLORADO
DATE
9th Street & 9th Avenue FILING
P.O. Box 2038 CASE
Greeley, CO 80632
FILED: December 20, 2018 3:40 PM
1D: 3806AA58B5B0F
NUMBER: 2018CW3214
♦COURT USE ONLY A
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
IN WELD COUNTY.
Bradley C. Grasrnick, #35055
Lawrence Jones Custer Grasmick LLP
5245 Ronald Reagan Blvd., Suite 1
Johnstown, CO 80534
Phone: 970-622-8181
Email: brad cni.jcglaw.coin
Case No. 18CW
(09CW100)
APPLICATION TO MAKE WATER RIGHT ABSOLUTE OR IN THE
ALTERNATIVE FOR FINDING OF REASONABLE DILIGENCE
1. Name, mailing address and telephone number of applicant: Board of County
Commissioners of the County of Weld ("Weld County"), 1150 O St., Greeley, CO 80632.
2.
Name of structure: Weld County Dust Control Well #2 ("Well #2")
3. Description of water right: Underground Water Right.
3.1. Well: The Well is Weld County Dust Control Well #2 ("Well #2"), which is
permitted under Well Permit #68771-F.
3.2. Original Decree: Case No. 09CW100, Weld County District Court, December 3,
2012.
3.3. Legal Description: Well #2 is located in the NW 1/4 of the NW 1, Section 28,
Township 8 North, Range 62 West of the 6th P.M. in Weld County, Colorado.
3.4. Source and Depth: The source of water for Well #2 is groundwater from the
Laramie -Fox Hills Aquifer, which is hydraulically connected to Crow Creek, a
tributary of the South Platte River.
3.5. Appropriation Date: July 30, 2009
3.6. Amount of Water Claimed: 0.111 cfs and 15 acre-feet annually were decreed
conditional in Case No. 09CW100. Based on diversion and application to beneficial
2o/f-4093
Weld County BOCC
Page 2 of 3
use, Weld County requests that the entire 0.111 cfs and 15 acre-feet annually be
decreed as absolute.
3.7. Use: Weld County will continue to use water from Well #2 in gravel mining
operations and public works projects including operating air emissions control
devices; controlling fugitive particulate emissions; washing and processing sand,
gravel and aggregate; washing equipment; accounting for evaporative losses of water
from mined materials stockpiled at the site or removed from the site; irrigating and
reclaiming mine sites and maintaining wetlands; construction and maintenance of
roads, irrigation of landscaping, reclamation of construction sites for public facilities,
and fire suppression and emergency response.
4. Detailed outline of what has been done toward completion of the appropriation: Well
#2 is an integral facility in Weld County's overall water portfolio and Weld County
anticipates continued demand for Well #2 due to the growth presently being experienced in
Weld County and the corresponding increase in Capital Improvement Projects being
undertaken by the Weld County Public Works Department. In addition, Weld County is
presently located within the maintenance area for PM10 particulate matter. As traffic levels
on Weld County's 2,500 miles of gravel roads increase and regulatory requirements for
PM 10 levels become more stringent Weld County's use of Well #2 is expected to continue in
order to maintain those roads and provide necessary air emissions, dust suppression and
particulate controls. Construction for Dust Well #2 and the underground water storage tank
began in December, 2009 and end in August, 2010. Weld County initially spent a total of
$177,140 towards making the well operational which included installation of a 50 gallon per
minute water pump, a 20,000 gallon underground storage tank, overhead filling pipe and the
pump station controls. An additional $117,795 was spent to expand the underground tanks
from 20,000 gallons to 60,000 gallons from October, 2013 through March, 2014.
5. Claim to Make Absolute. Since Dust Well #2 became operational in 2010, Weld County
has diverted at the decreed rate of 0.111 cfs. In both 2016 and 2017, Weld County diverted
and beneficially used the entire 15 acre feet.
6. Name and address of owner of land on which well is located: Applicant owns the
structure and land upon which the water will he beneficially used.
Wherefore, Weld County requests the court to find that it has made the appropriation
absolute in the amount of 0.1 1 1 cfs and 15 acre feet annually, or in the alternative, has proceeded
with diligence to complete its appropriation, and such other and further relief as the court deems
just.
DATED this 20th day of December, 2018.
LAWRENCE JONES CI ISTER GRASMICK LLP
Digitally signed by Bradley C.
Grasmlck
Date: 2018.12.20 14:39:24 -07'00
Bradley C. Grasmick, #35055
Attorney for Applicant
Pursuant to Rule 121, a printed or printable copy of the document bearing the original, electronic, or scanned signature is on file at the law
offices of Lawrence Jones Custer G►asmlck LLP
Weld County BOCC
Page 3 of 3
VERIFICATION
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
Barbara Kirkmeye,being first duly sworn upon oath, deposes and states thatt3he is the Pro-Tem of
the Board of County Commissioners of Weld County, that5he has read the foregoing and that the
contents contained therein are true and correct to the best ofher information knowledge and belief.
arbara Kirkmeyert , Board of County
Commissioners of Weld County Pro-Tem
DEC 172018
Subscribed and sworn to before me this 17th day of December, 2018, byBarbara Kirkmeyer,
Pro-Tem, Board of County Commissioners of Weld County.
WITNESS my hand and official seal.
My Commission Expires: )O2-
CHERYL
LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC, 19, 2022
Pursuant to Ruk 121, a printed ar printable copy of the document bearing the original, electronic, or scanned signature is on file at the law
offices of Lawrence Jones Custer Grasn,ick LLP
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