HomeMy WebLinkAbout20173685.tiffRESOLUTION
RE: APPROVE APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR
CONDITIONAL WATER RIGHT FOR GEISERT DUST CONTROL WELL #1 AND
AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - 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 for Finding of Reasonable
Diligence for Conditional Water Right for the Geisert Dust Control Well #1 by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Public Works,
to District Court, Water Division No. 1, with terms and conditions being as stated in said
application, and
WHEREAS, the Application is for the purpose of demonstrating the continued use and
appropriation of Weld County's water rights from the Geisert Dust Control Well #1, 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 for Finding of Reasonable Diligence for Conditional Water
Right for the Geisert Dust Control Well #1 by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Public Works, to District Court, Water Division No. 1,
be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign the Verification of said application.
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2017-3685
EG0074
RE: APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR CONDITIONAL WATER
RIGHT FOR GEISERT DUST CONTROL WELL #1 AND AUTHORIZE CHAIR TO SIGN ALL
NECESSARY DOCUMENTS - DISTRICT COURT, WATER DIVISION NO. 1
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of October, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d4tifivt) Jdo.0;gi
Weld County Clerk to the Board
BY a.c.
uty Clerk to the Board
Julie A. Cozad, Chair
Coun y Attorney XCUSED
Barbara Kirkmeyer
Date of signature: ' ( '3 ( CT
2017-3685
EG0074
Cov-tuc' lb 4(50 (
MEMORANDUM
TO: Board of County Commissioners DATE: October 11, 2017
FROM: Devin Traff, Public Works
SUBJECT: Diligence Application for Geisert Dust Control Well,
Case No. 2004CW359
On October 31, 2011, the Division 1 Water Court entered the decree for the water rights and
augmentation plan for the Geisert Dust Control Well (Dust Control Well #1). From the total amount, 29.2
acre-feet per year was decreed absolute and 10.8 acre-feet per year was decreed as conditional. The
decree states that Weld County shall file a diligence application by October 31, 2017 to show that the
conditional water right has been put to beneficial use or actions have been taken by the County to do so
in the future.
On October 10, 2017, Public Works held a work session with the Board in which the Board agreed to sign
the diligence application for submission to the Court. The diligence application is included with this
memorandum for signature. The signed application shall be submitted to the Court upon receipt, prior to
the October 31St deadline.
2017-3685
Page I of 1
M:\Water Rights\_Dust Control Well #1 (Geisert)\Decree\Diligence\2017\Geisert Diligence Memo.docx
DISTRICT COURT, WATER DIVISION NO. 1,
WELD COUNTY, COLORADO
9th Street & 9th Avenue
P.O. Box 2038
Greeley, CO 80632
♦ COURT USE ONLY
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
IN WELD COUNTY.
Bradley C. Grasmick, #35055
Lawrence Jones Custer Grasmick LLP
5245 Ronald Reagan Blvd., Suite 1
Johnstown, CO 80534
Phone: 970-622-8181
Email: brad(a7licglaw.com
Case No. 17CW
(04CW359)
APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR
CONDITIONAL WATER RIGHT
1. Name, mailing address and telephone number of applicant: Board of County
Commissioners of the County of Weld ("Weld County"), 1150 0 St., Greeley, CO 80632.
2. Name of structure: Weld County Dust Control Well #1 ("Well #1")
3. Description of water right: Underground Water Right.
3.1. Well: The well is Weld County Dust Control Well #1 ("Well #1"), Well Permit
#50426-F.
3.2. Original Decree: Case No. 04CW359, Weld County District Court, October 31, 2011.
3.3. Legal Description: Well #1 is located in the NE 1/4 of the SW '/4, Section 31, Township
6 North, Range 65 West of the 6th P.M. in Weld County, Colorado, at a point 2632
feet from the South section line and 1485 feet from the West Section Line.
3.4. Source and Depth: The source of water for Well #1 is groundwater from the
alluvium hydraulically connected to the Cache la Poudre River, a tributary of the
South Platte River. The depth of the well is 65 feet.
3.5. Appropriation Date: June 4, 1998.
3.6. Amount of Water Claimed: 2.23 cfs and 29.2 acre-feet annually were decreed
absolute in Case No. 04CW359. Weld County requests that the remaining conditional
10.8 acre-feet annually be continued as conditional.
Weld County BOCC
Page 2 of 3
3.7. Use: Weld County will continue to use water from Well #1 in gravel mining
operations 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. Weld County will also continue to use water from Well #1
for other public purposes including construction and maintenance of roads, control
of fugitive particulate emissions from public roads and other public sites, 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
#1 is an integral facility in Weld County's overall water portfolio and Weld County
anticipates a growing demand for Well #1 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
PM10 levels become more stringent Weld County's use of Well #1 is expected to increase in
order to maintain those roads and provide necessary air emissions, dust suppression and
particulate controls. Consistent with the need for the well, the infrastructure for Well #1 was
rehabilitated in 2012. The rehabilitation included construction of a larger concrete pad under
the overhead filing stand to accommodate larger water trucks, a new overhead filling stand,
new pump house, and new access roads into the site at a cost of approximately $80,000. In
2014, Weld County spent an additional $17,700 to upgrade the access road to Well #1. Since
2012, Weld County has consistently spent approximately $8,500 per year in maintaining the
access road. In addition, Weld County upgraded the three-phase electrical line providing
power to the well at a cost in excess of $100,000.
5. Name and address of owner of land on which well is located: Weld County is the owner
of Well #1 which is located on land that is owned by the Central Colorado Water
Conservancy District. Weld County's associated easements for Well # 1 are of record.
Wherefore, Weld County requests the court to find that it has proceeded with diligence to
complete its appropriation, continuing the conditional water rights for another diligence period,
and such other and further relief as the court deems just.
DATED this 25th day of October, 2017.
LAWRENCE JONES CUSTER GRASMICK LLP
Digitally signed by Bradley C.
Grasmick
Date: 2017.10.25 13:43:08 -06'00'
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 Grasmick LLP
Weld County BOCC
Page 3 of 3
VERIFICATION
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
I, Julie A. Cozad, being first duly sworn upon oath, depose and state that as the Chair of
the Weld County Board of County Commissioners, I have read the foregoing and the contents
contained therein are true and correct to the best of my information, knowledge and belief.
66/0 I
u le A. Cozad, Chair
Subscribed and sworn to before me this o?5T�day of
WITNESS my hand and official seal.
My Commission Expires:
, 2017.
CHERYL ' YNN HOFF
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2018
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 Grasmick LLP
o2D/7-Jc'1,37°
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