HomeMy WebLinkAbout20171058.tiffRESOLUTION
RE: APPROVE FOUR (4) PETITIONS FOR CLASS C IRRIGATION AND NON -IRRIGATION
WATER ALLOTMENT CONTRACTS 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 four (4) Petitions for Class C Irrigation
and Non -Irrigation Water Allotment Contracts between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and the Central Colorado Water Conservancy District, commencing upon full
execution of signatures with further terms and conditions being as stated in said petitions, and
WHEREAS, after review, the Board deems it advisable to approve said petitions, copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the four (4) Petitions for Class C Irrigation and Non -Irrigation Water
Allotment Contracts between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and the
Central Colorado Water Conservancy District be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said petitions.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of April, A.D., 2017.
ATTEST: dat:met) C jeido;ti
Weld County Clerk to the Board
BY
APPRO
a-
puty Clerk to the Board
County Attorney
Date of signature: L-1/19/11
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
/
u ie A„Cozad, Chair
Steve Moreno, Pro-Tem
arbara Kirkmeyer
2017-1058
EG0074
WCD
4: WHERE THE FUTURE FLOWS
Bruce Barker
County Attorney's Office
P.O. Box 758
Greeley, CO 80632
April 10, 2017
Dear Mr. Barker:
Enclosed please find the following —
CENTRAL COLORADO WATER CONSERVANCY DISTRICT
3209 W 28 STREET I GREELEY, CO 80634 I WWW.CCWCD.ORG
LOCAL: 970.330.4540 I METRO: 303-825.0474 i FAX: 970.330.4546
1. Petition for Class C Non -Irrigation Water Allotment Contract for replacement of evaporative
depletions from the Bearson Pit. Contract #1174
2. Petition for Class C Non -Irrigation Water Allotment Contract for storage in the Koenig Reservoir.
Contract #1175
3. Petition for Class C Irrigation Water Allotment Contract for irrigation at the Weld County
Southwest Service Center from the Hokestra Gravel Pit. Contract #1177
4. Petition for Class C Non -Irrigation Water Allotment Contract for evaporative losses from the
Hokestra Gravel Pit. Contract #1178
Please have the contracts signed and notarized then returned to our office. They will be presented to
our board of directors for approval on May 17, 2017.
Sincerely,
Lynn Kramer
Contracts Manager
2017-1058
&C, o o
CENTRAL COLORADO WATER CONSERVANCY DISTRICT
LOCAL:'77,1330,4540 METRO: 8_ :4 - FAX: 'D. o
HERE THE FUTURE FLOWS
Weld County Board of County Commissioners
Weld County Public Works
1111 H Street
Greeley, CO 80632
June 27, 2017
Enclosed are fully executed copies of your Class C Non -Irrigation Water Allotment Contracts for your
records. These contracts are for evaporative loses in the Bearson Pit and storage in Koenig Reservoir.
Sincerely,
716.21,7-ier)
Lynn Kramer
Contracts Manager
4309601 Pages: 1 of 2
06/12/2017 04:29 PM R Fee:$18.00
Carly Koppes, Clerk and Recorder, Weld County, CO
EAR
TYPE 9 Contract No. 1174
PETITION FOR CLASS C NON -IRRIGATION WATER ALLOTMENT CONTRACT
FROM THE GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT
Petitioner hereinafter named petitions the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District
("Central" or 'Subdistrict")), a political subdivision of the State of Colorado, organized and existing by virtue of §37-45-101, et.seq.,
C.R.S., for a Class C Non -Irrigation Water Allotment Contract for beneficial use of water under the following terms and conditions:
PETITIONER MUST PROVIDE ALL INFORMATION REQUESTED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING.
THE INFORMATION MUST BE CORRECT AND ACCURATE SINCE THE SUBDISTRICT RELIES ON IT TO GRANT THE
CONTRACT AND CANNOT BE RESPONSIBLE FOR INCORRECT OR INACCURATE INFORMATION.
1. Name, address and telephone number of Petitioner
Weld County Board of County Commissioners
Weld County Public Works
1111 H Street
Greeley, CO 80632
Phone: 970-381-6596
2. Structure to be Augmented:
The Bearson Pit, consisting of a North Pond and a South Pond, located in the NW '/4 and NE Y4 of Section 19, Township 2
North, Range 66 West of the 6th P.M. in Weld County. The Bearson Pit is a former gravel pit that is currently unlined and
intercepts and exposes tributary groundwater.
3. Quantity of water or capacity of works for which allotment is sought:
Petitioner is requesting an annual allotment to replace evaporative depletions from the Bearson Pit. Evaporative depletions
from the Bearson Pit were calculated and decreed in Case No. 06CW274 to be a firm amount of 27.53 acre-feet per year
according to the following monthly schedule:
Month
Bearson Pit Replacement Obligation
(Acre-feet)
January
-1.17
February
-1.22
March
-1.61
April
-2.33
May
-2.77
June
-3.27
July
-3.50
August
-3.38
September
-2.93
October
-2.38
November
-1.68
December
-1.28
Total
-27.53
4. The annual quantity of water petitioner shall be entitled to receive pursuant to this Contract shall be 27.53 acre-feet. The'
initial annual special assessment will be a flat fee of FOUR THOUSAND THIRTY-TWO DOLLARS AND ZERO CENTS
($4,032.00). Petitioner agrees to pay the special and flat fee assessments annually. The amount of water allotted, the, ,
special assessment and flat -fee assessment may change from year to year and Petitioner will be notified of a change in
special assessment by an annual bill of assessment. It is understood and agreed by Petitioner that the quantity of water to
be allotted is to be determined by the Board of Directors on the basis of information provided by Petitioner, in accordance
with Subdistrict plans and decrees, and with rules and regulations of the State Engineer and its water court augmentation
plan. The Subdistrict will take such actions as it deems necessary to promote and protect said plans.
5. Petitioner assigns to Central fifty-two (52) shares in the Lupton Meadows Ditch Company which were changed to
augmentation in Case No. 06CW274, as well as a specified amount of fully consumable effluent Petitioner is entitled to
receive pursuant to Petitioner's perpetual agreement with the City of Greeley dated November 10, 2004. The assignment
of the Lupton Meadows Ditch Company shares and the Greeley effluent are subject to and covered by the agreement
between Petitioner and Central dated March 21, 2017.
6. It is understood and agreed that upon entry of an order granting said Petition, Petitioner shall be bound by the terms of this
contract, the Conservancy Act and the Rules, Regulations, Bylaws, Resolutions and Policies of the Subdistrict as the same,
from. time to time, may be adopted or amended. Petitioner may, within 15 days of the receipt of this Contact or any annual
bill of assessment, make an objection in writing to the Board of Directors of the Subdistrict stating in particular why the
contract or bill of -assessment is incorrect. The Board of Directors may review the written objection and with or without
hearing act upon the same and notify Petitioner.
7. It is understood and agreed that failure to adhere to this contract may result in the immediate termination of this contract by
the Board of Directors. If your contract is so terminated you may petition the Board of Directors to be heard on the matter
of termination.
0a-0/7-/oil6)
4309601 Pages: 2 of 2
06/12/2017 04:29 PM R Fee:$18.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III I rj Ilhr'.�'4fh.'I h��ti �kl� N. 1�1t'I �Mti�S fi4rh 1I 111
8. It is understood and agreed that any water allotted by the Board of Directors of the Subdistrict shall be for the purpose of
Petitioner to make non -irrigation use of such water, provided, however, that all uses which benefit from the allotment shall
be within the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District.
9. It is understood and agreed that the Board of Directors of the Subdistrict will attempt to obtain and maintain judicial or
administrative approval of a plan for augmentation, substitute supply plan or other operating plan, in order to enable
Petitioner to receive the allotment of water described above in accordance with the rules and regulations of the State
Engineer governing well pumping, and the laws of the State of Colorado. The Board of Directors of the Subdistrict do not
guarantee that the Petitioner will have continued and unrestricted use of such water. The Subdistrict will use its best efforts
to obtain and maintain a plan for augmentation, substitute supply plan or other operating plan in order to assist the Petitioner
in the continued use of the Works and will take such actions as deemed proper by the Board of Directors to promote and
protect said plans. If necessary, Petitioner agrees to curtail his or her use of such Works to the extent ordered by the Board
of Directors of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District or the State
or Division Engineer.
10. The term of this contract shall be for the calendar year beginning January 1 after the signing of this contract, but if water is
required during the calendar year the contract is signed, then the term shall begin immediately upon execution in which
event the contract shall expire at the end of the calendar year. The contract shall be automatically renewed each year, if
timely payment is made, unless notice in writing is given by either party canceling the contract thirty (30) days prior to the
end of the calendar year.
11. It is understood and agreed that the water allotment is made for the exclusive benefit of the Petitioner and may not be
transferred to any other party without the prior written approval of the Board of Directors of said Subdistrict by a new contract.
12. Petitioner understands that the Ground Water Management Subdistrict has adopted a water measuring program, and
agrees to install, at Petitioner cost, such measuring devices as may be called for by the Board of Directors of the Ground
Water Management Sub d) trict of the Central Colorado Water Conservancy District.
er
J
lie A. Cozad, hair
of Weld unt
Board y Commissioners
APR 1 7 2017
The foregoing instrument was acknowledged before me by the above signed this 17th day of April
201,
WIT S
ific' .1 seal.
Notary Public —h - %i� l Lynn Ho an
My Commission Expires: 12/19/2018
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC, 19, 2018
ORDER FOR CLASS C WATER ALLOTMENT
Proper notice having been given and hearing held, it is ORDERED that the above petition be granted and is hereby made a contract
and an initial allotment of 27.53 acre-feet of water be withdrawn from the works described above upon the terms, and payable in the
manner, as stated in said petition, the initial amount payable being an annual assessment of $4,032.00. Failure to notify the Board
of Directors of any material changes may result in the immediate termination of this contract.
DONE this //z; fit day of
By _
GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE CENTRAL COLORADO WATER CONSERVANCY
r
C_
President
CENTRAL COLORADO WATER
CONSERVANCY DISTRICT
3209 W. 28TH STREET
GREELEY, CO 80634
c720 / D 6)
43 9602 Pages: 0 04:29 1
PM R
of 2
06/12/2017 Fee:$18.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Mr'�rl�'Nil 444 till
TYPE 11 Contract No. 1175
PETITION FOR CLASS C NON -IRRIGATION WATER ALLOTMENT CONTRACT
FROM THE GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT
Petitioner hereinafter named petitions the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District
(collectively "Central"), a political subdivision of the State of Colorado, organized and existing by virtue of §37-45-101, et.seq.,
C.R.S., for a Class C Non -Irrigation Water Allotment Contract for beneficial use of water under the following terms and conditions:
PETITIONER MUST PROVIDE ALL INFORMATION REQUESTED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING.
THE INFORMATION MUST BE CORRECT AND ACCURATE SINCE THE SUBDISTRICT RELIES ON IT TO GRANT THE
CONTRACT AND CANNOT BE RESPONSIBLE FOR INCORRECT OR INACCURATE INFORMATION.
1. Name, address and telephone number of Petitioner
Weld County Board of County Commissioners
Weld County Public Works
1111 H Street
Greeley, CO 80632
Phone: 970-381-6596
2. Quantity of water or capacity of works for which allotment is sought:
Petitioner is requesting an allotment of 20 acre-feet per year to be stored in Koenig Reservoir for subsequent'withdrawal
and use by Petitioner for non -irrigation purposes. Koenig Reservoir is Located on Lots 7 and 8 in the south. halfbf Section
13, Township 2 North, Range 67 West and Section 18, Township 2 North, Range 66 West, of the 6th P.M.inWelq aaunty''•
Colorado. • .. *P, i}!<.
N*
3. Petitioner shall have a license to access Koenig Reservoir as reasonably necessary to receive its ;altotmen4h ride'1"this;
Contract. Access to Koenig Reservoir pursuant to the license granted hereunder shall be limited to the putposefaccessing' -`
the Petitioner's pumping facilities, and Petitioner agrees to access the pumping facilities through the existing g*pi road,
which is accessible from the intersection of County Roads 25 and 20.25. The license shall continue in effect s llong as this :'
contract is effective and Petitioner pays the assessments required under this contract. Petitioner agree's that the license..
granted by this contract is subordinate to Central's use of Koenig Reservoir and the rights of existing easeri t'Rb)klers.
Petitioner shall maintain such insurance to protect itself against claims which may arise out of its employees and agents
accessing the Koenig Reservoir and accepting delivery of its allotted water. Petitioner agrees to hold Central and its Board
of Directors, employees, and officers harmless from claims arising out of Petitioners use of the license granted in this
Contract.
4. The initial amount of water allotted to Petitioner is 20 acre-feet and the initial annual special assessment will be $3,360.00
and a per acre-foot assessment of $168. Petitioner agrees to pay such special and per acre-foot assessments annually.
The amount of water allotted, the special assessment and assessment per acre-foot may change from year to year and
Petitioner will be notified of a change in special assessment by an annual bill of assessment. It is understood and agreed
by Petitioner that the quantity of water to be allotted is to be determined by the Board of Directors on the basis of information
provided by Petitioner, in accordance with Subdistrict plans and decrees, and with rules and regulations of the State
Engineer and its water court augmentation plan. The Subdistrict will take such actions as it deems necessary to promote
and protect said plans.
5. It is understood and agreed that upon entry of an order granting said Petition, Petitioner shall be bound by the terms of this
contract, the Conservancy Act and the Rules, Regulations, Bylaws, Resolutions and Policies of the Subdistrict as the same,
from time to time, may be adopted or amended. Petitioner may, within 15 days of the receipt of this Contact or any annual
bill of assessment, make an objection in writing to the Board of Directors of the Subdistrict stating in particular why the
contract or bill of assessment is incorrect. The Board of Directors may review the written objection and with or without
hearing act upon the same and notify Petitioner.
6. It is understood and agreed that failure to adhere to the terms of this contract may result in the immediate termination of
this contract by the Board of Directors. If your contract is so terminated you may petition the Board of Directors to be heard
on the matter of termination.
7. It is understood and agreed that any water allotted by the Board of Directors of the Subdistrict shall be for the purpose of
Petitioner to make non -irrigation use of such water, provided, however, that all uses which benefit from the allotment shall
be within the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District.
8. It is understood and agreed that the Board of Directors of the Subdistrict will attempt to obtain and maintain judicial or
administrative approval of a plan for augmentation, substitute supply plan or other operating plan, in order to enable
Petitioner to receive the allotment of water described above in accordance with the rules and regulations of the State
Engineer governing well pumping, and the laws of the State of Colorado. The Board of Directors of the Subdistrict do not
guarantee that the Petitioner will have continued and unrestricted use of such water. The Subdistrict will use its best efforts
to obtain and maintain a plan for augmentation, substitute supply plan or other operating plan in order to assist the Petitioner
in the continued use of the Works and will take such actions as deemed proper by the Board of Directors to promote and
protect said plans. If necessary, Petitioner agrees to curtail his or her use of such Works to the extent ordered by the Board
of Directors of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District or the State
or Division Engineer.
9. The term of this contract shall be for the calendar year beginning January 1 after the signing of this contract, but if water is
required during the calendar year the contract is signed, then the term shall begin immediately upon execution in which
event the contract shall expire at the end of the calendar year. The contract shall be automatically renewed each year, if
timely payment is made, unless notice in writing is given by either party canceling the contract thirty (30) days prior to the
end of the calendar year.
10. It is understood and agreed that the water allotment is made for the exclusive benefit of the Petitioner and may not be
transferred to any other party without the prior written approval of the Board of Directors of said Subdistrict by a new contract.
11. Petitioner understands that the Ground Water Management Subdistrict has adopted a water measuring program, and
agrees to install, at Petitioner cost, such measuring devices as may be called for by the Board of Directors of the Ground
Water Management Subdistrict of the Central Colorado Water Conservancy District.
06/12/2017 04:29 PM R Fee:$18.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III l���144�Wd�l 'I��YENti1��44��' �4� �I'Aid Bill
oner Julie A. CozaChair
Board of Weld County Commissioners
The foregoing instrument was acknowledged before me by the above signed this 17th
2017
WI
y hanoffi ':I seal
Notary Public he /' Lynn H8f
My Commission Expires: 12/19/2018
APR 17 2017
day of April
CHERYL LYNN HOr.FMAN
NOTARY PUBLIC
STATE Or COLOEAEh0
NOTARY ID 201440,48044
MY COMMISSION EXPIRES DEC. 19, 2018
ORDER FOR CLASS C WATER ALLOTMENT
Proper notice having been given and hearing held, it is ORDERED that the above petition be granted and is hereby made a contract
and an initial allotment of 20 acre-feet of water be withdrawn from the works described above upon the terms, and payable in the
manner, as stated in said petition, the initial amount payable being an annual assessment of $3,360.00. Failure to notify the Board
of Directors of any material changes may result in the immediate termination of this contract.
DONE this
IIIIIII/II
l
By
•.Secretary
ti..........O�Q
i day of
By _
GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE CENTRAL COLORADO WATER CONSERVANCY
President
Att, -
CENTRAL COLORADO WATER
CONSERVANCY DISTRICT
3209 W. 28TH STREET
GREELEY, CO 80634
d_o/7- /a .-1(.,Q-)
I
4429457 Pages: 1 of 3
19/10/2018 10:22 AM R Fee:$23 00
Carly Koppes, Clerk and Recorder, Weld County, CO
III )PjjJ N ii1ri M� N44 th
I III
EXHIBIT B
TYPE 11 Contract No. 1177
i i
PETITION FOR CLASS C IRRIGATION WATER ALLOTMENT CONTRACT
FROM THE GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT
Petitioner hereinafter named petitions the Groundwater Management Subdistrict of the Central Colorado Water Conservancy
District, a political subdivision of the State of Colorado, organized and existing by virtue of §37-45-101, et.seq., C -R -S-, for a Class C
Irrigation Water Allotment Contract for beneficial use of water under the following terms and conditions:
1. Name, address and telephone number of Petitioner
Weld County Board of County Commissioners
Weld County Public Works
1111 H Street
Greeley, CO 80632
Phone: 970-381-6596
Quantity of Water or capacity of works for which allotment is sought:
In connection with the purchase and sale of the Hokestra Gravel Pit Reservoir and 3.75 Shares of the Rural Ditch
Company pursuant to that contract dated March 21, 2017 (the "Hokestra Contract"), Petitioner is requesting an allotment
of water and inclusion in the Groundwater Management Subdistrict augmentation plan to cover depletions which it is
required to replace as described in this Petition.
3. List quarter section, section, township, and range of lands covered by this petition and total acres of parcel
Hokestra Gravel Pit (Cells 1, 7, 8, 9, 10, 11, 12): North % Section 2, Township 2 North, Range 68 West and South %
Section 35, Township 3 N, Range 68 West, of the 6th P.M., Weld County, CO. Total approximately 360 acres.
The cells are shown on Figure 1 attached and incorporated herein.
4. Total acres of land irrigated: 5.70 acres
Hokestra Cell 1 — Water is pumped from the cell for irrigation at Weld County Southwest Service Center
Irrigation — 5.70 acres (Southwest Service Center) located in Southwest % northwest V. Section 2, Township 2
North, Range 68 West of the 6th P.M., Weld County, CO.
5. Petitioner owns and/or uses on the above -described lands the following water rights (attach copy of well decree[s]):
a. Well Information:
Hokestra Gravel Pit: Permit No. 63693-F, WDID 0502521 (includes Cell 1)
North 12 Section 2, Township 2 North, Range 68 West and South % Section 35, Township 3 N, Range 68
West, of the 0th P.M., Weld County, CO.
The WDID numbers of the cells are: Clay Liner Reservoir — Cell 2 (WDID 0503324)
South Slurry Wall — Cells 3, 5, and 6 (WDID 05030325)
North Slurry Wall — Cell 4 (WDID 0503326)
b. Surface Water Rights Information:
Rural Ditch: 3.75 shares represented by Certificate No. 330 (1 share), 317 (1 share), 360 (0.25 share) and 356 (1.5
shares) were historically used to irrigate approximately 200 acres at Hokestra Gravel Pit. The 3.75 shares of Rural Ditch shall be
assigned, conveyed and dedicated to the Subdistrict for so long as this Class C Contract, and the related Class C Contract for non -
irrigation uses at the Hokestra Gravel Pit, (or successor contracts related to the allocation of water to the County for the land
identified in paragraph 3) are in effect. If this contract and the contract for non -irrigation uses are ever cancelled and not renewed,
Central shall assign and convey the 3/5 shares of the Rural Ditch along with 150 acre feet of storage capacity in Hoekstra Pit back
to Petitioner.
6. State acres described in paragraph 4 that are irrigated by:
Surface water alone
acres Method of irrigation:
Groundwater alone 5.7 acres
Primarily by surface
water and supplemented
by groundwater
acres
Primarily by groundwater
and supplemented
by surface water _
acres
Gravity irrigated acres
Sprinkler irrigated _5.?_acres
7. The initial amount of augmentation plan replacement water allotted for this farm is 9.65„.,. acre-feet and the initial annual
special assessment will be $-1,621.20_. This special assessment rate is based in part on the understanding of Petitioner and
the Subdistrict that the 3.75 shares in the Rural Ditch described in paragraph 5.b. above will yield approximately 184 acre
feet (the final determination to be made by future water court decree) and that water will be used by the Subdistrict within its
augmentation plan for the benefit Subdistrict's plan as a whole. The amount of water allotted, the special assessment and
assessment per acre-foot may change from year to year and Petitioner will be notified of a change in special assessment by an
annual bill of assessment. It is understood and agreed by Petitioner that the quantity of replacement water to be allotted is to be
determined by the Board of Directors on the basis of information given in ¶3 through ¶6, in accordance with Subdistrict plans to
permit well pumping in accordance with rules and regulations of the State Engineer and its water court augmentation plan. The
Subdistrict will take such actions as it deems necessary to promote and protect said plans.
4429467 Pages: 2 of 3
09/10/2028 10:22 AM R Fee:$23,00
$23 00
Carly Koppes , clank and Recorder, Weld County, CO
liii %KM
F
EXHIBIT B
I
PETITIONER MUST PROVIDE ALL INFORMATION REQUESTED OR THIS PETITION WILL NOT BE ACCEPTED FOR RUNG.
THE INFORMATION MUST BE CORRECT AND ACCURATE SINCE THE SUBDISTRICT RELIES ON IT TO GRANT THE
CONTRACT AND CANNOT BE RESPONSIBLE FOR INCORRECT OR INACCURATE INFORMATION.
8. It is understood and agreed that upon entry of an order granting said Petition, Petitioner shall be bound by the terms of this
contract, the Conservancy Act and the Rules, Regulations, Bylaws, Resolutions and Policies of the Subdistrict as the same, from
time to time, may be adopted or amended. Petitioner may, Within 15 days of the receipt of this Contact or any annual bill of
assessment, make an objection in writing to the Board of Directors of the Subdistrict stating in particular why the contract or bill of
assessment is incorrect. The Board of Directors may review the written objection and with or without hearing act upon the same
and notify Petitioner.
9. Because of the proposed augmentation plan will be based on information provided in ¶I V through ¶[6, Petitioner agrees to
immediately notify the Subdistrict of any changes in the information given in ¶P through ¶6.
10. It is understood and agreed that failure to adhere to the terms of this contract may result in the immediate termination of this
contract by the Board of Directors. If your contract is so terminated you may petition the Board of Directors to be heard on the
matter of termination.
11. The amount of water actually required is an estimate by the Subdistrict based on conditions at the present time, but is not
binding on the Subdistrict, and is subject to change each year. The State Engineer and Division Engineer, or the Water Court, have
the authority to make the final determination as to the amount of water that is acceptable and so no estimate by the Subdistrict
should be considered binding or final. The amount of water associated with the 3.75 Rural Ditch shares is based on the Petitioner's
and the Subdistrict's best estimate and is subject to change based on final determination of the Water Court, Any person has the
right to present their own engineering estimate to the Subdistrict for consideration.
12. It is understood and agreed that any replacement water allotted by the Board of Directors of the Subdistrict shall be for the
purpose of replacing depletions as described above, provided, however, that the uses which benefit from the allotment shall be
within the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District which shall include
consideration given for the Hoekstra Contract.
13. It is understood and agreed that the Board of Directors of the Subdistrict will attempt to obtain and maintain judicial or
administrative approval of a plan for augmentation, substitute supply plan or other operating plan, in order to replace Petitioner's
depletions as described above in accordance with the rules and regulations of the State Engineer governing groundwater
diversions, and the laws of the State of Colorado. The Board of Directors of the Subdistrict do not guarantee that the Petitioner
will have the continued and unrestricted ability to deplete the surface flows of the natural stream. The Subdistrict will use its best
efforts to obtain and maintain a plan for augmentation, substitute supply plan or other operating plan in order to assist the
Petitioner in the continued use of groundwater and will take such actions as deemed proper by the Board of Directors to promote
and protect said plans. If necessary, Petitioner agrees to curtail his or her depletions to the extent ordered by the Board of
Directors of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District or the State or
Division Engineer.
14. The term of this contract shall be for the calendar year beginning January 1 after the signing of this contract, but if replacement
water is required during the calendar year the contract is signed, then the term shall begin immediately upon execution in which
event the contract shall expire at the end of the calendar year. The contract shall be automatically renewed each year, if timely
payment is made, unless notice in writing is given by either party canceling the contract thirty (30) days prior to the end of the
calendar year.
16. It is understood and agreed that the replacement water allotment is made for the exclusive benefit of the Petitioner's lands and
replacement obligations as identified herein and may not be transferred to any other lands or party without the prior written
approval of the Board of Directors of said Subdistrict by a new contract.
IL Petitioner understands that the Ground Water Management Subdistrict has adopted a groundwater measuring program, and
agrees to install, at Petitioner cost, such measuring devices as may be called for by the Board of Directors of the Ground Water
Management Subdistrict of the Central Colorado Water Conservancy District.
18. Petitioner understands that in the event that groundwater diversions as contemplated in this contract cease, there will
nevertheless be post -pumping depletions affecting the South Platte River (and its tributaries, where applicable) for a number of
years following cessation of diversions. in such event, Petitioner's obligations under this contract, including but not limited to
pay of an f al special asses ants, shall extend for so long as post -pumping depletions continue.
ner .Julie A. Coz . dam` Chair APR 1 7 2047
Board of Wild County Commissioners
The foregoing instrument was acknowledged before me by the above signed this 17 th day of April , 20 17 .
.0.-- ens
WI � E ; S ,,� han • • d �i - i seal. rCHVIYLLYNN HOFFMAN
No ary Public Lynn Hof
NOTARY PUBLIC
ElAte OP COLORADO
NOTARY I D 20144048044
._. , _ MMI6SI0N LXPI :S DEC. 19, 2018
My Commission Expires: _ 12 /19 /2 0 1 8
ORDER FOR CLASS C WATER ALLOTMENT
Proper notice having been given and hearing held, it is ORDERED that the above petition be granted and is hereby made a contract
and an initial allotment of 9.65 acre-feet of replacement water be made for the purposes described upon the terms, and
payable in the manner, as stated in said petition, the initial amount payable being an annual assessment of $ 1,621.20. Failure
to notify the Board of Directors of any material changes may result in the immediate termination of this contract.
DONE this
day of
By
0°8/
GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE CENTRAL COLORADO WATER CONSERVANCY
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Hokestra Figure 1
DISCAIMER:
The GIS database and data al the product is subject to constant
change end the accuracy end completeness cannotbe and is not
guaranteed The designebon of lots or parcels or fond uses in to
database does not rrnaty fiat the lots or parcels were created or
hal (ho tend astatine -ply vet applicable Siete or Local Lew
WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES.
EITHER E%PRESSEOOR IMPLIED A$ TO THE COMPLETENESS,
ACCURACY, OR CORRECTNESS OF SUCH PRODUCT. NOR
ACCEPTS ANY LIABILITY ARISING FHoM ANY INCORRECT,
INCOMPLETE, OR MISLEADING INFORMATION CONTAINED
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4429458 Pages: 1 of 4
09/10/2018 10:22 AID R Fes:$28.00
$28.00
Carly Koppel, Clark and Recorder, Weld County) CO
EXHIBIT B
TYPE 9_ Contract No. 1178
PETITION FOR CLASS C NON -IRRIGATION WATER ALLOTMENT CONTRACT
FROM THE GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT
Petitioner hereinafter named petitions the Groundwater Management Subdistrict of the Central Colorado Water Conservancy
District, a political subdivision of the State of Colorado, organized and existing by virtue of §37-45-101, et.seq., C_F.S., for a Class C
Non -Irrigation Water Allotment Contract for beneficial use of water under the following terms and conditions:
1. Name, address and telephone number of Petitioner
Weld County Board of County Commissioners
Weld County Public Works
1111 H Street
Greeley, CO 80632
Phone: 970-381-6596
2. Quantity of Water or capacity of works for which allotment is sought
In connection with the purchase and sale of the Hokestra Gravel Pit Reservoir and 3.75 Shares of the Rural Ditch
Company pursuant to that contract dated March 21,2017 (the "Hokestra Contract"), Petitioner is requesting an allotment of
water and inclusion in the Groundwater Management Subdistrict augmentation plan to cover depletions which it is
required to replace as described in this Petition.
3. List quarter section, section, township, and range of lands covered by this petition and total acres of parcel
Hokestra Gravel Pit (Cells 1, 7, 8, 9, 10, 11, 12): North', Section 2, Township 2 North, Range 68 West and South %
Section 35, Township 3 N, Range 68 West, of the 6th P.M., Weld County, CO. Total approximately 360 acres_
The cells are shown on Figure 1 attached and incorporated herein.
4. Ground water use.
a. Type of ground water use (domestic, livestock, commercial, industrial, etc.):
Hokestra Gravel Pit Evaporative Losses/Industrial, DRMS Permit No. M-1980-149
b. Short description of ground water use:
Evaporative losses from exposed groundwater (cells 1, 7, 8, 9, 10, 11, 12)
5. Petitioner owns and/or uses on the above -described lands the following water rights (attach copy of well decree[sj):
a. Well Information:
Hokestra Gravel Pit: Permit No. 63693-F, WDID 0502521
North % Section 2, Township 2 North, Range 68 West and South % Section 35, Township 3 N, Range 68
West, of the 61h P.M., Weld County, Co.
The WDID numbers of the cells are: Clay Liner Reservoir : Cell 2 (WDID 0503324)
South Slurry Wall — Cells 3, 5, and 6 (WDID 05030325)
North Slurry Wall — Cell 4 (WDID 0503326)
b. Surface Water Rights Information:
Rural Ditch: 3/5 shares represented by Certificate No. 330 (1 share), 317 (1 share), 360 (0.25 share) and 356 (1.5
shares) were historically used to irrigate approximately 200 acres at Hokestra Gravel Pit. The 3.75 shares of Rural Ditch shall be
assigned, conveyed and dedicated to the Subdistrict for so long as this Class C Contract, and the related Class C Contract for
irrigation use from Cell 1, (or successor contracts related to the allocation of water to the County for the land identified in paragraph
3) are in effect. If this contract and the contract for irrigation use from Cell 1 are ever cancelled and not renewed, Central shall
assign and convey the 3.75 shares of the Rural Ditch along with 150 acre feet of storage capacity in Hoekstra Pit back to Petitioner.
6. Ground water diversion by month:
Future Operations Prior Operations
(steady state)
(residual)
Total
(maximum)
Apr
5.51
1.26
6.77
May
6.32
1,23
7.55
Jun
7.13
1.20
8.33
Jul
8.58
1.18
9.75
Aug
9.18
1.15
10.33
Sep
8.69
1.13
9.82
Oct
8.26
1.11
9.37
Nov
7.06
1.08
8.14
Dec
8.37
1.07
7.44
Jan
5/6
1.05
6.81
Feb
4.95
1.03
5.98
Mar
5.41
1.01
6.42
Total
83.22
13.49
96.71
4429468 Pales: 2 of 4
09/10/2018 10:22 AM R Fet;s28.00
Carly Koppes, Clerk and Recorder Weld County, CO
itiliCifit rAW MAIN, Wilk tnil
EXHIBIT B
a. The above quantities were determined by (state name, address, telephone J and date determined):
White Sands Water Engineers, Inc.
110 N. Rubey Drive, #220
Golden, CO 80403 303495-7576
b. Method of determination (briefly describe and attach supplemental documents as necessary)
Evaporative Losses: NOAA TR-INS 33
7. The initial amount of augmentation plan replacement water allotted for this farm is 96.? acre-feet and the initial annual
special assessment will be 4,032.00 This special assessment rate is based in part on the understanding of Petitioner and
the Subdistrict that the 3.75 shares in the Rural Ditch described in paragraph 5.b. above will yield approximately 184 acre
feet (the final determination to be made by future water court decree) and that water will be used by the Subdistrict within its
augmentation plan for the benefit Subdistrict's plan as a whole. The amount of water allotted, the special assessment and
assessment per acre-foot may change from year to year and Petitioner will be notified of a change in special assessment by an
annual bill of assessment. It is understood and agreed by Petitioner that the quantity of replacement water to be allotted is to be
determined by the Board of Directors on the basis of information given in ¶ through ¶6, in accordance with Subdistrict plans to
pen -nit well pumping in accordance with rules and regulations of the State Engineer and its water court augmentation plan_ The.
Subdistrict will take such actions as it deems necessary to promote and protect said plans.
PETITIONER MUST PROVIDE ALL INFORMATION REQUESTED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING,
THE INFORMATION MUST BE CORRECT AND ACCURATE SINCE THE SUBDISTRICT RELIES ON IT TO GRANT THE
CONTRACT AND CANNOT BE RESPONSIBLE FOR INCORRECT OR INACCURATE INFO 'MA TION.
8. It is understood and agreed that upon entry of an order granting said Petition, Petitioner shall be bound by the germs of this
contract, the Conservancy Act and the Rules, Regulations, Bylaws, Resolutions and Policies of the Subdistrict as the same, from
time to time, may be adopted or amended. Petitioner may, within 15 days of the receipt of this Contact or any annual bill of
assessment, make an objection in writing to the Board of Directors of the Subdistrict stating in particular why the contract or bill of
assessment is incorrect. The Board of Directors may review the written objection and with or without hearing act upon the same
and notify Petitioner.
9. Because of the proposed augmentation plan will be based on information provided in ¶3 through ¶j6, Petitioner agrees to
immediately notify the Subdistrict of any changes in the information given in ¶3 through ¶6.
10. It is understood and agreed that failure to adhere to the terms of this contract may result in the immediate termination of this
contract by the Board of Directors. If your contract is so terminated you may petition the Board of Directors to be heard on the
matter of termination.
11, The amount of water actually required is an estimate by the Subdistrict based on conditions at the present time, but is not
binding on the Subdistrict, and is subject to change each year. The State Engineer and Division Engineer, or the Water Court,
have the authority to make the final determination as to the amount of water that is acceptable and so no estimate by the
Subdistrict should be considered binding or final. The amount of water associated with the 3.75 Rural Ditch shares is based on
the Petitioner's and the Subdistrict's best estimate and is subject to change based on final determination of the Water Court. Any
person has the right to present their own engineeringestimate to the Subdistrict for consideration.
12. It is understood and agreed that any replacement water allotted by the Board of Directors of the Subdistrict shall be for the
purpose of replacing depletions as described above, provided, however, that the uses which benefit from the allotment shall be
within the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District which shall include
consideration given for the Hoekstra Contract,
13. It is understood and agreed that the Board of Directors of the Subdistrict will attempt to obtain and maintain judicial or
administrative approval of a plan for augmentation, substitute supply plan or other operating plan, in order to replace Petitioner's
depletions as described above in accordance with the rules and regulations of the State Engineer governing groundwater
diversions, and the laws of the State of Colorado. The Board of Directors of the Subdistrict do not guarantee that the Petitioner
will have the continued and unrestricted ability to deplete the surface flows of the natural stream. The Subdistrict will use its best
efforts to obtain and maintain a plan for augmentation, substitute supply plan or other operating plan in order to assist the
Petitioner in the continued use of groundwater and will take such actions as deemed proper by the Board of Directors to promote
and protect said plans. If necessary, Petitioner agrees to curtail his or her depletions to the extent ordered by the Board of
Directors of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District or the State or
Division Engineer.
14. The term of this contract shall be for the calendar year beginning January 1 after the signing of this contract, but if replacement
water is required during the calendar year the contract is signed, then the term shall begin immediately upon execution in which
event the contract shall expire at the end of the calendar year. The contract shall be automatically renewed each year, if timely
payment is made, unless notice in writing is given by either party canceling the contract thirty (30) days prior to the end of the
calendar year.
16. It is understood and agreed that the replacement water allotment is made for the exclusive benefit of the Petitioner's lands and
replacement obligations as identified herein and may not be transferred to any other lands or party without the prior written
approval of the Board of Directors of said Subdistrict by a new contract.
17. Petitioner understands that the Ground Water Management Subdistrict has adopted a groundwater measuring program, and
agrees to install, at Petitioner cost, such measuring devices as may becalled for by the Board of Directors of the Ground Water
Management Subdistrict of the Central Colorado Water Conservancy District.
18. Petitioner understands that in the event that groundwater diversions as contemplated in this contract cease, there will
nevertheless be post -pumping depletions affecting the South Platte River (and its tributaries, where applicable) for a number of
years following cessation of diversions, in such event, Petitioner's obligations under this contract, including but not limited to
payment of annual special assessments, shall extend for so long as post -pumping depletions continue.
Petitioner Julie A. Cozad, - it APR 1 7 2017
Board of Weld . int y Commissioners
olointe Mig69
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4429468 Pages : 3 of 4
09/10/2018 10:22 AM P F..:$28 e0
Carly Koppss, Clerk and Recorder, Wald County, Co
1111 Yr� Qh4 I r11111
EXHIBIT B
The foregoing instrument was acknowledged before me by the above signed this
1! R `yhand and o dal se
Notary Public / Che'yl Lynn Ho
My Commission Expires: 12 19 2
17th day of April
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2018
ORDER FOR CLASS C WATER ALLOTMENT
Proper notice having been given and hearing held, it is ORDERED that the above petition be granted and is hereby made a contract
and an initial allotment of ' .7 acre-feet of replacement water be made for the purposes described upon the terms, and
payable in the manner, as stated in said petition, the initial amount payable being an annual assessment of $_4,032.00 . Failure
to notify the Board of Directors of any material changes may result in the immediate termination of this contract.
DONE this Sof•-• day of
ut9 act I At-li
By
GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE CENTRAL COLORADO WATER CONSERVANCY
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