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HomeMy WebLinkAbout20141989.tiff RESOLUTION RE: APPROVAL OF FILING OF HOKESTRA PIT WATER STORAGE RIGHT WITH DIVISION 1 WATER COURT AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS 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 request from the Weld County Department of Public Works to file a water storage right on the Hokestra Pit with the Division 1 Water Court, and WHEREAS, a slurry/clay wall has been constructed around Hokestra Pit, and WHEREAS, the slurry wall leak test is currently being conducted on Hokestra Pit, and WHEREAS, Weld County entered into an agreement with Varra Companies, Sand Land, Inc., and Sand Land Properties, LLC, on May 30, 2012, for the maintenance and operation of the ditches and structures used for delivery of water to Hokestra Pit, and WHEREAS, the Board desires to utilize the gravel pits to store water for augmentation uses, agricultural uses, industrial uses, mining operations and construction of 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 or removed from the site, irrigating and reclaiming the mine site, maintaining wetlands, construction and maintenance of roads, irrigation of landscaping, reclamation of construction sites for public facilities, fire suppression, and emergency response. WHEREAS, after review, the Board deems it advisable to approve the filing of the Hokestra Pit Water Storage Right with the Division 1 Water Court. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the filing of the Hokestra Pit Water Storage Right with the Division 1 Water Court be, and hereby is, approved. Staff and consultants are directed to take all actions necessary to adjudicate a water right for the Hokestra Pit and file an application to fill the pit via a proposed inlet structure located on the south bank of the St. Vrain Creek at a point in the Southwest quarter(SW1/4) of Section 35, Township 3 North, Range 68 West of the 6th P.M. Weld County, Colorado. Additionally, the Hokestra Storage Right will be diverted from Boulder Creek via the Rural Ditch Headgate, which is located on the east bank of Boulder Creek in the Northeast quarter (NE1/4) of Section 20, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, at a proposed rate of 15 cfs for the Rural ditch and 20 cfs for the new Hokestra inlet directly off the St. Vrain River with storage of up to 1,300 acre feet with a right to fill and refill the pit for all beneficial uses stated herein. Any and all prior actions of the County staff, consultants or individual Commissioners related to the appropriation of a water right for Hokestra Pit is hereby ratified and approved. �c pu)(Fc, cK) 7//q/IL 2014-1989 EG0070 FILING OF HOKESTRA PIT WATER STORAGE RIGHT WITH DIVISION 1 WATER COURT PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of July, A.D., 2014. BOARD OF COUNTY COMMISSIONERS LD COUNTY,/ OLORADO ATTEST: op L a-i0121.4" didrAt SC Jidda o 'oug asademacher, C air Weld County Clerk to the Board }E J r �1m0�.1�ti arbara Kirkmeye , Pro-Tem / BY (] (leda a .11041.14.... D p Clerk to the Board Sean P. Conway c_ 1 AP' •V ORM: ]E/La� ke Freeman unty Attorney . �-. USED O iam F. Garcia Date of signature: 7-8-121 2014-1989 EG0070 Hello