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HomeMy WebLinkAbout1989 Resolution No. 016RESOWl'IOO Ill. 1k Sll!IIES OF 1989 A RJ::soLlll' ION oro ARING THE = OF THE CI'rY OF ENGLEH'.lOll TO MAKE A NEW APPROPRIATION OF Wl-.TER FRCM BF.AR CREEi(, A 'llUllUTARY OF 'lllE SOUTH PLA~TE RIVER, NID TO OPERATE A PLAN Ol' ALCMI;Nl'ATION AND All EXCHANGE 00 BEl\ll CREEK AND THE SO!ll'll PL,\TTE RIVER. vnIEREAS, the City of Engle'-'OOCl Colorado ( the "City"), is a nllllicipal corporation and a hare rnle city chartered pursuant to the Co nstitution of the State of Colorado with full authority unclcr said Cons t i t ution and Charter to rointai n, operate, and serve cu:;tooers fran a water supply s ystem; and WHERl'.AS, t he City has studied the fac~ors controlling its future growth ana has concluded it will need to develop ajditional long-tenn watE " resources over and above those projects currently in ·,arious stages of maturation to supply future population growth and water d=mds; and \;JIEREAS, pursuant to Section 12-lC-l, En<Jlewood Municipal Code 1985, the City m..-iy also provide water services to are,s outside of its boundaries upon the ..-ipproval of its City council; and WIIERF.AS, substantial lead tirrc is nec~ssary to plan and construct water facilities of s ufficient magnitude to service the water demands of the City's custooers, both within and outside the City 's boundaries; and WIIEREAS, the new oppropriation fran B~ar Creek is inte nded to provide a ycur-ronnd source of water for a.11 municipal purposes; and 1·nrr::Rl'.AS, the plan of au<]lrentation will allow the City to make out-of- pr.iority diversions under i ts new right of ,ppropriation and replace the rcsul ting depletions with water fran other sources; and 1·mF.RFAS, the e>:chan<Je will allow the '.:i.ty to rlivert water out of priority from near Creek and r eplace such 1-nter by foregoing diversions on its riqhts on the roinstem of the south Platte; and vnlEREAS , the City will use the> water ::li.verted under the new uppropriation, the plan of augmentation anc the exchange for beneficial uses within the City•s municipal service area as it IlO'l"I exist s or as it may exist in the future, or for the purpose of fulfilling the City's existing or future suppl y contracts; and hl!ERE/\S, the City is committed to nuking a new appropriat ion of water and to operating an exchange and an aurprcntation plan and putting the water diverted thereunder to beneficial use to rre~t its aforerrcntioned ~ds; and ,nlf.HE/\S , the City, by itself anrl thrcugh its agents , possesses the ~dministrative , engineering , and financial =apacity to undertake and oversee an ai,propriati.on, an au<]lrentation plan ; anc' an exchange on Bear Creek and the So ut.:1 Platte River ; anrl 1-IHEREAS, the City, through its agents, has conducted an engineering study of its existing facilities on Bear creek and the South Platte Fiver for the purpose of c'et ermining the capacity of thc,se facilities, and has conducted a :;tuc.'y to determine the flows availabl e frcm Bear creek; and \'/HERE/IS, the City now diverts water £ran Bear creek at the headgate of ft:Ilrocrn Ditch u11d has focilities connected wi t h such hcadgate which are capable of carrying wate r at a rate of flow of up to 16 cfs; and ~nJP.RF.J\S, the City has determined that sufficient unappropriated water is availabl e f.rc:,n Bear creek at various tirres at the hea<iJate of M::Brocrn Ditch to provide a source of water for the appropriation, plan of augmentation, and exchange ; and l<HEREAS, City errpl oyees and agents have heretofore taken overt acts in furtherance of the a[l()ropriation, the augment«tion plan , and the exchange on the l ands adjacent to Dear creek at the propos ed point of diversion, which acts provi de the public with notice of the City's intent to make a new app ropriation and operate the exchange and th<': augrrentat ion plan; and \'IIIERE/IS, it is the intent of the City, a s evidenced by this Resolution of City Council, t he lawful and duly e lected (;overning body of said City, to effect the appropriation and operate the augrrcr:tation plan and the exchange as hereinafter mor e thoroughly described ; NCM, 'l'IIEREFORP., BE 11' Rff.OLVED BY THE CI TY OJUNCIL OF THE CITY OF ENGLEWXJO, COLORADO, THAT : 1. The City of Eng l f!\<,\'.)00 intends to effect an appropriati on whereby up to 16 cfs o f water wi ll be diverted frcm Dear Creek at the existing headgate o f f.'cBroom Ditch, located in the NE 1/4 of Section 6,m Township 5 South, Range GR West of the 6th P.M., and applied to bcnef:.cial use by the City. 2 . The City of En gl ewood intends to opc,n •te a plan of augmentation whereby up to 16 cfs o f water will be diverted out of priority from Bear creek ,,1: the existing headgate of Mc:Broom Ditch and applied to beneficial use by the City, with r esulting depl<!tions replaced by w;,tcr frcm other sources. 3 . 1i1e City of EnglCI-KJOd inte nds to obt ain an appropriative right of exchange whereby up to 16 cfs of water will be diverted frcm llear creek at the existing he adgate of ~k:Broc:,n Ditch, such divcJ's ions to be rerlaced by flows frcm the mainstcm of the South Platte River ,t.,ich "'°uld o therwise be diverted under the City 's existing rights. 4. The appropriation , augrrentation plan , and exchange described in the precedin9 parac;raphs flI'e jointly referre d to, for the purposes of this ncsolution only, a:.:i 11 the near Creek Project. 11 5. The City of Englf!\<,\'.)00 intends to use the water diverted under ~e ncar Cn.-ek Project for beneficial uses within the City's municipal serv:.ce area as it now exists or as it may exist in the future , or for the purpc ,se of fulfilli.1g the, City 's existing or future suppl y contracts . 6, 'Ille City of Engl~ hereby rat!.fies all actions heretofore taken by its ""l'loyees and agents in furtherance of the Bear creek Project, beginning wi ,h the Dear creek water quality study of January 25, 1988, and includin\, the anal ysis of water availabilit y in llear creek and the inspection and evaluation of Engle1.oo<l' s existing fac :lities on llear creek . 7. 'Ille City of Englel,{)()(j, through i t s enployees and agents, is hereby d irected to file and adjudicate an applicat:ion for the Dear creek Project and to diligently prosecute all 1.egal actions ;md conduct all negotiations necessary and incident to the acquisition <J f the Projec;~•s water rights. 8. The City of Engl""-".lO<l, through i ':s enployees nnd agents, is hereby directed to proceed with reasonable diligence on any construction required for the cmpletion .md operation of the llcar D:cek Project. 9. the City of EnglCl"=d, through i -:s enployecs ,111d agents, is hereby dir<ected to refine and arrend the Bear creel, Project insofor as refiileirents and arrcnd!P.nts are necessary to allow the Bear creek Project to bccare operational und to allow all required acts to be carp1"ted with reusonable diligence. 10. 'Ille City of Engl<.>wood, through i ts llllployces and agents, i~ hereby dfrected to seek a conditional adjudicatioa which provides that efforts toward the carpletion of any cooponent of the f.lea ,:-Creek Project will be omsidered ,1 5 i,,.ork upon the entire Project for purpost!s of findincJ s of reasona1::ile diligence and is further directed to seek cinal adjudication for any portion of the project as water is put to benefici.il use. 11. Th i n Resolution provider. not ice to all of the City•s intent t o operate the IJear creek ProJect described above, and of the City's fixed purpose to pursue diligently, through the :;teady application of business of a kind consintent with the effort to accomp l Lsh thin undertaking, that certain cour~ of uction necessar"J t o ta1<e and ben ·.!f icially use the water in the manner ancl frO!'l th-, particular sources des :ribed above . I\OOl"mD AND I\PPROVED this 20th day o.: Marc h, 1989 . ~~ ( ~i{;-;/4,, 1// e 6< cf Patricia H. Crow, City Clerk I, Patri cia II. crow, City Cle rk for hereby certify the above and foregoing is the City of Engl""-".lO<l, Coloraoo, a true copy of Resolution No. &._, Series of 1989. !da~c<a ✓ l#' !Zeur Patricia H. crow -3 - COUNCIL COMMUNICATION DATE Hatch 20, 1989 INITIATED BY STAFF SOURCE PREVIOUS COUNCIL ACTION None AGENDA ITEK 11 (c) SUBJECT Englewood Water and Sewe r Board Bear Creek Appropriation Augmentation Plan Stewart Fonda, Director of Util lties Council approval of the Bear Creek appropriation, augmentation plan and exchange o.pplica.tion . BACKGROUND In the course of investigating the possible use of an augmentation plan on Bear Creek for the City of Englewood, it was discovered that area urb anization has l ed to an increase in the flow of Bear Creek . The City water en6ineering consultant has dcterm.lned that because of the increased flows I an e.p plication for water rights on Bear Creek would have significant yield, even with a 1988 date. It has also bee11 determined by City personnal that the water quality in Bear Creek is higher than the South Platte River, the City's existing raw watt:r source, during long periods of time . An augmentation and exchange plan would -.How the City to make out of priori• t y diversions by replacing the depletions from other sources . The headgate of the McBroom Ditch is proposed a the diversion point. Therefo,·e , no additional diversion structures will be needed . The construction of a pipeline to take McSroom Ditch water to Union Avenue, alreac~y a planned prcject , woul d be uti- lized for the Bear Creek wat er. FINANCIAL The fee for the filing of t he application will be minimal . There will be s ome en• gineering and legal work requir•d to develop and implement the water right application . RECOMMENDATION Recommend Council a pproval of the Bear Creek appropriation, augmentation plan and exchange application.