HomeMy WebLinkAbout1991 Ordinance No. 057• ORDINANCE NO . -5..Z_
SE RIES OF 1991
13V A UTHORITY
COU NC IL 131LL NO. 62
INTRODUCED 13V COUNC IL
MEMBER GULLEY
AN ORD I ANCE APPROVING AN AGREEMENT BETWEEN THE C ITY
OF EKGLEWOOD, SOUTHG ATE WATER DISTRICT A D 1<1 O\VA
RESOURCES, IN C . RELATI NG TO WATER RIGHTS FOR THE SOUTH
PLATTE EXCHANGE PROJ~:CT.
WHEREAS, Kiowa Re sou r ce,. Inc. on beha lf of So uthga te Wa ler
Di st,icl h as fil ed a ppli ca tions in \\Inter Divis ion No . l of th e Di stri ct Courl to
ena ble Southgate to provide additional water for a nti cipated de•·elopm enl
within t h e Southgate service area: an d
\\'HEREAS, th e City ofEngl ewo0 d ha s objected t o protec t the qu a ntity
a nd quality of water a,·ailable throug h its existing water right s ; and
WHEREAS, with the apprornl of this Agreement, the City of
Englewood an d the Southgate Wat er Di strict "~II settle issues pending befo re
Water Division No. 1 of the Distiict Court relating to the South Platte
Exchange Project;
• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCTL OF THE
CITY OF ENGLEWOOD , COLORADO, APPROVAL OF THE AG REEME NT
BETWEEN THE CITY OF ENGLEWOOD, S OUTHGATE WATE!t DISTRICT
AND IGOWA RESOURCES, INC . WHICH GENERALLY PROVIDES AS
FOLLOWS:
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A. On Dec ember 28, 1989 , Southgate entered into a contract ,~th
Ki owa to develop t he South Platte Exchange Project (the "Project") to provide
additional water supply lo support cu rrent and anticipated future
development ,•,·ithin Southgate's sen·ice area.
13 . Bouthgalc retained Ki owa as its agent lo appropriate water
rights for the f ,,,ject, i ncluding fili ng and prosecuting applications for
appropriative rights of exchange a nd s torage a nd a pp roval of ch a nges of
water rights in the District Court in and for Water Di,'i sio n No. 1 (the "Water
Court") for the purpose of enabli ng So uthgate lo divert water att1ibutable to
the Project at planned diversion works a nd storage reservoirs for municipal
uses .
C. Kiowa , on behalf of So•n hgate, has filed such applications in th e
\\'a tc r Cou rt, whi ch r,pplications ha,·e be en denomina ted a s Ca se .'/o.s
9C \i233, 90 CW213 and 90CV2 14 . ~nd a nticipate s filing a ddi tion a l
npp li ca ti ons in th e futur e to compl ete a nd impl ement th e del'e loprn enl of th e
Projec t , coll ec lil'ely refe rred to ns t he "Project Wnt e r Co ses ".
D. Eng lew ood has fil eJ Sta teme nts of Opp os iti on lo th e Project
Water Ca ses wi th th e Water Court lo prote ct th e quantity nnd quality of water
a\'ai lable to it s ex is ting wa ter 1i ght s.
E . Englewood , Southga te and Kiowa desirc lo ent r into this
Agree m ent stipul a ting terms a nd condi t io n s lo be a tta ch ed to t he dec rees tha t
m ny be entered by the \V a le r Court in th e Projec t \V nler Cases, s uch lhnl the
qua lity of water available for dil'ers ion by Englewoo d al its Union Av enue
Inta ke is protected.
In con sideration of the mutua l agreements contained h erein nn d oth e r
goo d a nd valuable consid eration the rec eipt and sufficiency of wh ic h is
here by acknowled ged , Southga t e and En glewood agree as follow s :
l. During the pe dod of September JG through Ma y 14 of each wnt er
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ye a r , Sout hgate, its succe ssor or assigns will not opera t e its excha nge
1,•henever t l-e now of the South Platte River immediately down stream of
Englewood 's intake near Union Avenue equals 3.0 cfs or less. Southgate will
co ordinate diversion activities with Englewood 's staff. Southgate will not be
responsible for constructing or operating a gauging station near the Union
A\'enue inta ke or elsewhere. Diversioi.s ..nd exchanges by Southgate and
Englewood shall be operated in accordance "~th lhei:r res pective priorities •
and the limitationG described in this paragraph shall not constitu le a
subordination of any tights.
2. Subject to the incorporation of the terms of paragraph one in any
decrees entered in the Project Water Cases, Engl ewood will limit its
im·ol vement as an Objector i,, the Project Water Cases lo non-water -q uality-
related issues.
3. En glewood sh J;\ release the enginee.ri ng firm of Marlin & Wo od
Wa ter Consultants, Inc . from any claim of connict of in terest a nd sh a ll
permit Martin & Wood to provide engineering services to Ki owa a nd
Southgate "'ith Respec t to the Project.
Intrnduced . rea d in full, and passe d on fir st reading on the 16th
day of September, 1991.
Publi shed as a Bill for a n On'in ance on the 19th day of Septem ber,
1991.
Read by title and p asse d on fin al r eading on th e 7th day of
Oct ober , 1991.
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Pub li ~h cd by 1it lc ns Ord in a nce No . _.:2...Z..__, cncs of 199 1 on
lh c I 0 th dn y of Oct ober, 199 I.
A'l'rEST:
U:livtr~dl CV(<,'-"
Patri cia H. Cr ow, Ci t y Cle rk
I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado,
he re by cer tify Lhal the a bove a nd foregoi ng is a lrue co py of the Ordinance,
passed on final r eadi ng and publi shed by Litle as Or din a nce No . ,£2_, eries
of 1991.
~~,#CL«c,
Patricia H. Crow
. 3.
AGREEMENT
THIS AGREEMENT, m~d e this day of _____ ,
1991, is between the CITY OF ENGLEWOOD ("Englewood"), the
SOUTH GATE WATER DISTRICT, a Colorado quasi-munici ?a l
corporation ("Southga te"), and KIOWA RESO URCES, INC., •
Colorado corporation ("Kiowa "),
RECITALS
A, On December 28, 1989, Southgate entered in~o a
contract with Kiowa to develop the South Platte Exchange
Project (the "Project") to provide additicnal water supply to
sup po rt current and anticipated future development within
Southgate's service area.
B, South1ate retained Kiowa as its agent to appropriate
water ri&hta for the Pr·~ ect, including filing and
proaecutins applications for appropriative rights of exchance
and atorace and approval of changes of water ri&hts in the
District Co ur t in and for Water Divi8ion No, 1 (the "Water
Court") for the purpose of enabling Southgate to divert water
attributable to the Project at planned diversion works and
storage reservoirs for municipal uses.
C , Kiowa, on behalf of Southgate, has filed such
applications in the Water Court, which applications have been
denominated as cases Nos . 89CW233, 90CW213 and 90CW214, and
anticipates ~iling _1dditional applications in the future to
_complete and implement the development of the Project,
collectively hereinafter the "Project Water Cases".
D, Englewood has filed Statements of Opposition to the
Project Water Cases with the Water Court to protect the
quantity and qual i ty of water available to its existins vater
rights.
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E, Englewood, Southgate and Kiova desire to enter into •
'this Agreement st i pulating terms and conditions to be .·,
attached to d ec rees that may be entered by the Water Court in
the Project Wate r Case~, such that the quality of water
available for diversion ~r Englewood at its Union Avenue
Intake is p rotected.
In consideration of t .e mutual ag~ecments contained
herein and other g ood and v aluable consideration the receipt
and sufficiency of which is hereby acknowledged, Southgate •
and Englewood a gree as foll o ws :
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AGREE MENT
1, Dur ing the period of September 16 through Hay 14 o f
each water ye ar, Sou thgate, its succes sors or assigns will
not operate its exchange whe never the fl o w of the Sout h
Platt e River immediate ly downst r eam of Englewood's intake
near Un io n Aven ue equ a l s 3,0 cfs or l ess, Southgate will
coordinat e diversion activities with Englewood's staff,
Southgate wil l not be responsib l e f o r const r uc ti ng o r
operati ng a g aug ing station nea r the Un io n Avenue intake o r
els ew h ere , Diver sion s and exc hanges by Southgate and
Engle woo d shall be operated in accordance with thei r
re spec t ive pri o rities and t t e limitat ions d e~c ribed i n this
paragraph shall not constitute a subordination of any rights.
2. Sub j ect to the incorporation of the term~ of
paragraph one in any decrees entered i n the Project Water
Cases, Englewood will limit its involvement as an Objector i n
the Project Water Cases t~ non-water-quality-related issues,
3 . Englewood shall release the engineering firm of
Hartin l Wood Water Consultants, Inc, from any claim of
conflict of interest and shall permit Hartin l Wood to
provide encineerinc services to Kiowa and Southgate with
respect to the Project ,
Dated as of the date and year first above written ,
City of En1lewood, a Colorado
munic"ipal corporation -
By::----::---------Roger Fraser
City Manager
Kiowa Resources, Inc., a Colorado
corporation
By Mcl2
Gr ';.gg A, ~ampbell
Rresident
Southgate Water District, a
Colorado quasi-mun i cieal
corporation
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DATE
September 16 , 1991
INITIATED BY
STAFP SOURC!:
ISSIIE/ACTION PROPOSED
COUNCIL coHNUH1cATION
AGENDA ITEM SUBJECT
ll b
Wa t er and Sewer Board
Kiowa /Southgate
Water District
Agreement
Stewart Fonda, Direc t o r of Utilitiea
The Englewoo d Water and Sewer Board recommends Council approval of the Agreement
between Southgate Water District and the City of Englewood.
PREVIOUS COUNCIL ACTION
None
l'l'Al'P' ANALYSIS
On December 28, 1989, Southgate entered into a contract with Kiowa Re10urce ■ to
develop the South Platte Exchange Project to provide additional water for
anticipated development within Southgate•• ■ervice area.
Southg"'t~ retained Kiowa a ■ it ■ agent to appropriate water right ■ for the Project.
JCiowa has filed an application i n the Water Court for the Project for Southgate
Water District . Englewood has filed Statement• of Opposition to the Project Water
Caaea with Water court.
Englewood and Southgate negotiated to enter into this Agreement ■tipulating terms
and condition ■ to be attached to decrees that may be entered by the Water Court in
the Project Wat,tr Cases, so that the quality of water available for diver ■ion by
Englewood at its t;nion Avenue Intake i ■ protected .
IIACJtGROUNO
To protect the water quality of Englewoo d ' a raw wate r supply, Southgate will not
permit ex c hanges when the flow i n the river passing the Union Avenue Intake is lea ■
than 3 cfs. In addition, diversion of water under Southgate• a right ■ in the Fulton,
Brighto n and Lupton Bottom ditches will be limited to that t ime period when
agri cultu ral users under each d i tch use the water for open field irr igation.
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Southgat e will convey B acre-feet per year of Fulton Ditch water rights to Eng l ewood
a t the City Ditch headgate at Chatfield Reservoir . Thia water ia usable by
Englewood f o r mu nicipal purposes o n a c on s um ptive use basis.
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South9at ■ will withdraw it• Statements of Opposition in Englewood'11 pending ca ■e ■ •
and Englewood will Umit it ■ participation in Southgate '& pending caaea to the
ia ■ue ■ o f hl ■toric uae ot the direct flow ditches and the alternate diveraion point
of the Chatf ield Rese r voi r ou tlet.
CCKi owa
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~IE~IORANDU~I
TO: Stu Fond a , Director of Utiliti es
FRO~!: Ric k De\\'itt, City Att orney
DATE : :\l a rch 23, 1992
REG.-\RD LKG: \\'a;tew a t er/Pretrea tm en t Ordin an ce.
The \\'a stewater Utility Ordin ance Sec ti on l~-2 E :\IC defin es Direc tor of
Utiliti es as Dir ector of Utilitie, for Englewood in his auiho,ized
re pre sen tation or designee and li sts the respons ibiliti es in cc ti on 12-2-2 (.-\)
EMC . Sect.ion 12-2-2-(A) EMC establishes the duties of the Director of
Wastewater Treatment. In sum it appears that the Director of Wastewater
Treatmen t is manager of the Bi City Wa stewate r Treatment Plant whereas
the Director of Utilities is respo nsi bl e for the management of the
wastewater collection sys tem served by this city and all th'? property thereto.
Because these are separate functions and treated as separat~ by the
ordinance, I do not believe it is material whether the same person holds
bou1 positions or a different person holds each position. The fact that one
person may fill both positions doesn 't mean that the duties of eac h change.
It only means one person is required to perform the separate functions of
both.
In ,iew of the foregoing, I do not believe~any other ordinance is required .
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Rick1le\\ itt
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