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Home My WebLink About20170856.tiffRESOLUTION RE: APPROVE AGREEMENT FOR USE OF WATER STORED IN KOENIG RESERVOIR AND AUTHORIZE CHAIR TO SIGN - CENTRAL COLORADO WATER CONSERVANCY DISTRICT 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 Agreement for Use of Water Stored in the Koenig Reservoir between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Central Colorado Water Conservancy District, commencing upon full execution of signatures, with further automatic renewal 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 Agreement for Use of Water Stored in Koenig Reservoir between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and 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 27th day of March, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COLJ,NTY, COLOF DO ATTEST: j.4Qt.) , Weld County Clerk to the Board BY Steve rep, em Sean P. Conway APP Miks9Freeman ounty Attorney arbara Kirkmeyer Date of signature: (-4/(3( Cc. Ca -C(3(3), F•= / Q C T COW/ (3C) OLf /r31( 2017-0856 EG0074 AGREEMENT THIS AGREEMENT ("Agreement") is entered into this OW day of di>, 2017, ("Effective Date") by and between the Central Colorado Water Conservancy District and its subdistrict the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (collectively referred to as "Central") and the Board of County Commissioners of the County of Weld ("County"). Central and County may be referred to individually as a "Party" or collectively as "Parties" in this Agreement. RECITALS WHEREAS, Central is the owner of a lined storage reservoir located in Section 13, Township 2 North, Range 67 West and in Section 18, Township 2 North, Range 66 West of the 6th P.M. in Weld County and such reservoir, decreed in Case Nos. 92-CW-021, 06-CW-185, and 13-CW-3101 ("Koenig Reservoir"); and WHEREAS, County has a need for unpotable water for dust suppression and other industrial and commercial uses ("County Purposes"); and WHEREAS, the County wishes to use water stored in Koenig Reservoir upon the terms and conditions contained herein and subject to a separate Class C allotment contract ("Allotment Contract") which shall be substantially similar to the allotment contract attached hereto as Exhibit A; and WHEREAS, Central agrees to allow County to use water stored in Koenig Reservoir for County Purposes pursuant to the Allotment Contract and upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual promises of the Parties and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Conferral of Right to Use Water Stored in Koenig Reservoir. Central hereby agrees to allow County, annually, to use up to 20 acre-feet of water stored in Koenig Reservoir for County Purposes ("County Water"). In the event that County does not use all of the County Water in a single water year (November 1 to October 31), Central can elect to carry forward all, some, or none of the remaining balance in the County storage account to the following water year. Any portion of the remaining balance that Central does not carry forward to the County storage account, shall revert to Central and shall not be available to County. Central is the owner of several decreed augmentation plans which require water releases from storage County of Weld — Central Colorado Water Conservancy District Agreement for Use of Water Stored in Koenig Reservoir Page 2 of 4 facilities such as Koenig Reservoir and Central cannot guarantee that County Water will be available every year. To the extent that County Water is unavailable in a given year, either in full or partially, Central shall notify County as soon as possible and work cooperatively with County to seek replacement sources of water. If no other alternatives exists, County shall be relieved of paying the annual assessment as described below, or only the pro rata portion of the annual assessment for that portion of County Water available. 2. Allotment Contract. The County's right to use such water is conditioned upon the execution of the Allotment Contract, and payment of an annual assessment, which as of the Effective Date is $168.00 per acre foot, and special assessments as determined by the Central Board of Directors, and as both may be adjusted in the future. 3. Term. This Agreement shall commence on the Effective Date and shall continue in effect so long as the Allotment Contract is renewed annually. 4. Facilities; Reimbursement of Expenses. County shall take delivery of County Water by water tank truck. Koenig Reservoir is currently not equipped with a fill station capable of pumping stored water into a water tank truck. Central and County shall work cooperatively and in good faith to select a contractor(s) to design and construct the pumping facilities reasonably necessary for County to enjoy the benefit of this Agreement ("Pumping Facilities"). The Pumping Facilities shall be located in a mutually agreeable location and designed so as not to deteriorate, weaken, or otherwise interfere with the lining material of Koenig Reservoir. The Pumping Facilities shall be equipped with a flowmeter that accurately measures the amount of County Water pumped from Koenig Reservoir and telemetry technology such that the amount of County Water pumped can be transmitted directly to Central. County agrees to reimburse Central for costs incurred associated with designing and constructing the Pumping Facilities. County shall be responsible for operating, maintaining, repairing, and replacing the Pumping Facilities at its expense. Should Central desire to use the Pumping Facilities in the future for purposes other than diverting County Water, the Parties shall mutually agree on terms and conditions describing the combined use of the Pumping Facilities. 5. Access. The Allotment Contract shall grant County a license to access the Pumping Facilities as reasonably necessary. The Pumping Facilities may be enclosed with fencing, provided that such fencing does not interfere with Central's use of Koenig Reservoir. 6. Governing Law, Venue. This Agreement and its application shall be construed in accordance with the laws of the State of Colorado. The Parties agree that venue for any litigated dispute regarding this Agreement shall be the District Court in and for Weld County Colorado, unless any such issues are water matters as defined by C.R.S. § 37-92-203, for which the Parties agree County of Weld — Central Colorado Water Conservancy District Agreement for Use of Water Stored in Koenig Reservoir Page 3 of 4 that jurisdiction and venue for any litigated disputes shall be in the District Court, Water Division No. 1. 7. Headings for Convenience Only. Paragraph headings and titles contained herein are intended for convenience and reference of the Parties only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. 8. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed given and effective when delivered by electronic mail, Express Mail, Federal Express, or like service, or on the third mail delivery day after it is deposited in the United States mail, postage prepaid by certified or registered mail, return receipt requested, addressed to the parties as follows: If to County: Weld County Board of County Commissioners c/o Weld County Attorney 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 If to Company: Central Colorado Water Conservancy District 320928th Street Greeley, Colorado 80634 9. Assignment of Rights. The Parties may not assign or sublease their rights or delegate their duties hereunder without the prior written consent of the other Party. To the extent that the waters leased herein generate excess credits in the Parties' augmentation plans, said credits may be disposed of in accordance with the terms and conditions of said plans. 10. Entire Agreement; Incorporation. This Agreement represents the entire agreement of the Parties, and supersedes any other prior agreements and understandings of any type, both written and oral, among the Parties with respect to the subject matter hereof and no oral modification shall be recognized. Any amendments or additions shall be made in writing signed by the Parties. 11. Multiple Originals. This Agreement may be executed in any number of counterparts, each of which shall be deemed original, and all of which constitute one and the same agreement. 12. Binding Agreement. This Agreement binds and benefits the Parties and their respective survivors, heirs, successors, and assigns. County of Weld — Central Colorado Water Conservancy District Agreement for Use of Water Stored in Koenig Reservoir Page 4 of 4 13. Immunity. Neither Central or County waive their rights, protections or privileges under the Colorado Constitution and/or the Governmental Immunity Act. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective officers, hereunto duly authorized, as of the Effective Date stated above. Central Colorado Water Conservancy District: Printed Name:Aaj?ALM. C fCi eeZtx) Date S r/7' WELD COUNTY: ��gg ATTEST: d <jejaAk. BOARD OF COCK COMMISSIONERS Weld County Clerk to the Board BY: \\PGEME,,,,, F:9 SEAL 1973 ; ; WELD COUNTY, COLORADO Deputy CleJulie A. Cozad, Chair do/ 7-ef5Z RE: AGREEMENT FOR USE OF WATER STORED IN KOENIG RESERVOIR - CENTRAL COLORADO WATER CONSERVANCY DISTRICT APPIZI STANCE: Elected Official or Department Head Dire tor General Services APPROVED AS TO FUNDING: Controller Esther Gesick From: Sent: To: Cc: Subject: Chloe and Devin, Esther Gesick Monday, January 15, 2018 4:46 PM Chloe Rempel; Bruce Barker Cheryl Hoffman; Devin Traff; Chris D'Ovidio; Esther Gesick RE: Transfer of Lupton Meadows Ditch Stock Certificates 1) Bruce can correct me if I don't quite accurately capture this, but he and I just spoke and he indicated we do not need to have items #2017-0052 thru #2017-0586 recorded (which included the original documents with Central Colorado Water Conservancy District for the Purchase and Sale Agreement, Assignment of Water Shares, Mining Lease, ROW Operations Agreement, and Water Storage Agreement all dated 3/27/2017). Please proceed with finalizing distribution and filing. 2) Similarly the related Stock Assignment (#2017-3870, dated 11/13/17) does not need to be recorded. He also indicated that we may go ahead and release the original Stock Certificates that we have in our possession (No. 0475 = 18 shares; No. 0624 = 8 shares; and No. 0631 = 26 shares) to Devin to come and pick up, and Bruce is working on providing an Indemnification from the County for the 0.25 Share from the Slavic property, which will be the final piece to satisfy the obligations under the Bearson Court Decree and the resulting agreement between the County and Central. 3) On a separate item of business, but somewhat related is document #2017-1058, dated 4/17/2017, for the Four (4) Petitions for Class C Irrigation and Non -Irrigation Water Allotment Contracts with Central — please contact Lynn Kramer to see if the last two Contracts No. 1177 and No. 1178 have been signed. If so, we need to have the originals returned so we can have them recorded (perhaps not because it is required, but because the other two No. 1174 and 1175 were already recorded and we should stay consistent within this same document). 4) Accounting is copied on this message and is cleared to go ahead and make the necessary Banner entries and payments. Thanks! Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Monday, November 13, 2017 11:22 AM 1 To: Bruce Barker <bbarker@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Devin Traff <dtraff@weldgov.com> Subject: Transfer of Lupton Meadows Ditch Stock Certificates Bruce, Attached are the items we discussed this morning. I am hoping to close out 2017-0853 pending revisions regarding the Class C Contract and recording. If you would like that document recorded, then I believe I will also need to record 2017-3870. Esther will create new certificates once we have the go ahead from you. 2017-0853: Pending decision on Class C Contract and recording 2017-3870: 11/13 Consent Agenda Thank you! Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 M * Q. t p +e_A-\ t tC) CL)co- or, gray/ t7 Chloe Rempel From: Sent: To: Cc: Subject: Bruce Barker Friday, April 14, 2017 9:38 AM Chloe Rempel; Don Warden; Barb Connolly Esther Gesick; Cheryl Hoffman RE: FINAL RESOS - 5 Agreements Not yet. I need to finalize some things on them regarding th Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Friday, April 14, 2017 9:15 AM To: Bruce Barker <bbarker@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us>; Barb Connolly <bconnolly@co.weld.co,us> Cc: Esther Gesick <egesick@co.weld.co.us>; Cheryl Hoffman <choffman@CO.WELD.CO.US> Subject: RE: FINAL RESOS - 5 Agreements Bruce, None of the five documents have been recorded, per your conversation with Esther and Cheryl. The documents have been finalized as they appear in the above attachments. Would you like me to have them recorded? Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 02-0/7- d �s�•� Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure, If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker Sent: Friday, April 14, 2017 8:33 AM To: Chloe Rempel <cremnel@co.weld,co,us>; Don Warden <dwarden@co.weld.co.us>; Barb Connolly <bconnolly@co.weld.co.us> Subject: RE: FINAL RESOS - 5 Agreements Have these been sent to recording? We need to double-check to see they have all of their attachments. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Thursday, April 13, 2017 9:36 AM To: Bruce Barker <bbarker@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us>; Barb Connolly <bconnolly@co.weld.co.us> Subject: FINAL RESOS - 5 Agreements Hello, Attached are the final resolutions signed by the Board of County Commissioners. Please forward as necessary. 2017-0852: Purchase and Sale Agreement for Hokestra Pit — Central Colorado Water Conservancy District 2 i 2017-0853: Agreement for Assignment of Water Shares— Central Colorado Water Conservancy District 2017-0854: Mining Lease for Hokestra Property —Central Colorado Water Conservancy District 2017-0855: Right -of -Way Operations Agreement for Hokestra Pit — Central Colorado Water Conservancy District 2017-0856: Agreement for Use of Water Stored in Koenig Reservoir —Central Colorado Water Conservancy District Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 0 Street Greeley, CO 80631 tel: 970-400-4225 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 Hello