HomeMy WebLinkAbout20151142.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT FOR LUPTON BOTTOM DITCH SHARES AND
AUTHORIZE CHAIR TO SIGN - MILLER FARMS
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 a Lease Agreement for Lupton Bottom
Ditch Shares 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 Miller Farms,
commencing April 22, 2015, with terms and conditions being as stated in said lease agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said lease 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 Lease Agreement for Lupton Bottom Ditch Shares 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 Miller Farms, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d C( re.J-; 1. araKirert'Y
Weld County Clerk to the Board
• Mike Freeman, Pro-Tem
BY. �.,. . I�.1. 1.10 l i_ �� 1 . ♦ �--
e. ty Clerk tc the Board
.V ' P. Conway �-
,ap, r
APPROVED AS TO FORM: "Nu* b
//n ^A. ozad
County Attorney XCUSED
5' I Steve Moreno
Date of signature: 4
514)
2015-1142
BC0048
�861 MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: April 14, 2015
Z- C O U-N FROM: Clay Kimmi, P.E., Public Works
SUBJECT: Lease Agreement for Lupton Bottom Ditch Shares
Please place the attached agreements on the BOCC Agenda. Once the agreements have been signed,
please return one signed original back to me so I can provide it to Mr. Miller.
On Monday, March 30, 2015, the BOCC accepted and approved the bid to lease 2 shares of Lupton
Bottom Ditch water to Miller Farms for agricultural use. The ditch shares are currently owned by Weld
County for use in a future water court case. Since the ditch shares are not currently allocated to any
substitute water supply plan, we lease the water each year to show continued use of the water. Failure to
show continued use of the water will severely injure the County's ability to use the water for future
augmentation uses.
We published a bid advertisement in the Greeley Tribune, Fort Lupton Press, and Lost Creek Times
announcing the acceptance of bids for the lease of the ditch shares. We notified individual landowners in
the vicinity of the ditch. We also notified the Ditch Company, each share owner, and previous bidders.
One bid was received for the lease of the Lupton Bottom Ditch shares. For the 2015 irrigation season,
Miller Farms desires to lease the water at the rate of$1,200 per share for a total of$2,400. The $2,400
received from Miller Farms will more than cover the cost of the assessment charged by the ditch
company.
Miller Farms has agreed to provide us with the type of crops grown, location of the crops grown, and the
amount of water used prior to November 30, 2015.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
2015-1142
Page 1 of I
M%Clay\Water Rights\Luplon Bottom Ditch Lupton Bottom Ditch Lease Memo to Clerk to the Board 4-14-15.does
PUBLIC WORKS DEPARTMENT
`�� i861 i 1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
CO.US
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E � r&_,<,, WEBSITE: WWW.CO.WELD.CO.US
WELD CO US
J PHONE: (970) 356-4000, EXT. 3750
- O U N T z FAX: (970) 304-6497
April 6, 2015
Miller Farms
Mr. Joe Miller
13912 County Road 19
Platteville, CO 80651
RE: Lease of Two Lupton Bottom West Lateral Shares for the 2015 Irrigation
Season
Dear Mr. Miller:
It is my understanding that you wish to lease two (2) shares of Lupton Bottoms from
Weld County for the 2015 irrigation season at a rate of $1,200/share. This lease is for a
single year and the lease for this year in no way guarantees you the right to lease those
shares in any subsequent year. Based on your bid amount of $1,200/share, the total
cost for the two shares is $2,400 (2 shares x $1 ,200/share). Please make your check
payable to Weld County.
Weld County also requires that you provide records at the conclusion of the irrigation
season regarding the amount of water diverted, a legal description of the irrigated
acreage, and the crops irrigated with the shares leased from Weld County. You agree
to provide that information via letter and form provided by Clear Water Solutions prior to
November 30, 2015. Please send irrigation records to:
Weld County Public Works
Attention: Clay Kimmi
P.O. Box 758
Greeley, CO 80632
If you are agreeable, please sign two copies and return with a check for $2,400 to me at
the above address. The agreement will become final once it is ratified by the Board of
County Commissioners in a regular business meeting. One of the fully executed
originals will then be returned to you for your records.
If you have any questions, please feel free to contact me at 970-304-6496 x 3741.
Page 1 of 2
M'.\Clay\Water Rights\Lupton Bottom Ditch\2015 Lutpon Bottom Lease Letter-Miller.docx �/S if1�
Yours truly,
�kr� ma>L/
it
Clay Kimmi, P.E.
Weld County Public Works
tILL`V q / Cf i r D
iller Farms Date
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
We oun IWrk fad BY: - ,t,(/taP.c,
Deputy lerk to the 5ry,._if arbara Kirkmeyer Chair Ap 2 2 2015
/
APPROVED AS TO F PPROVED O S STANCE:
Controller/Fin a Da ycji i _:y Elected cial or epartment Head
APPr AS TO
County ! ey
Original: Miller Farms
CC to File: Lupton Bottom Ditch Shares
Bob Frick, Weld County
Barb Connolly, Weld County
Page 2 of 2 �O/�. ���� CZ/
M:\Clay\Water Rights\Lupton Bottom Ditch\2015 Lutpon Bottom Lease Letter-Miller.docx
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