HomeMy WebLinkAbout1998-12-08 WSB AGENDAAGENDA
ENGLEWOOD WATER AND SEWER BOARD
December 8 , ·19 98
5:00 p.m.
COUNTY LINE BARBEQUE
1. MINUTES OF THE NOVEMBER 10, 1998
WATER AND SEWER BOARD MEETING. (ATT. 1 )
2. VALLEY SUPPLEMENT #21 (ATT. 2)
3. LICENSE AGREEMENT FOR 5100 S. WINDERMERE (ATT. 3)
5. OTHER
REMINDER:
MUST HA VE RSVP FOR CHRISTMAS DINNER
AT COUNTY LINE BARBEQUE
PLEASE CALL CA THY AT (303) 762-2636.
WATER AND SEWER BOARD
MINUTES
NOVEMBER 10, 1998
A TT. I
The meeting was called to order at 5:05 p.m.
Temporary Chairwoman Habenicht declared a quorum was
present.
Members present:
Members absent;
Also present:
Habenicht, Clark, Cassidy,
Vobejda, Bradshaw
Burns, Higday, Otis
Stewart Fonda, Director of
Utilities
1. MINUTES OF THE OCTOBER 13, 1998 MEETING.
The Englewood Water and Sewer Board Minutes from the October
13, 1998 meeting were approved as amended.
Ms. Habenicht moved;
Ms. Bradshaw seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the October 13,
1998 Englewood Water and Sewer
Board Minutes as amended.
Habenicht, Clark, Cassidy,
Vobejda, Bradshaw
None
Burns, Higday, Otis
2. McLELLAN RESERVOIR PROPERTY -DRAINAGE EASEMENT.
The Board received a letter from THK Associates dated
October 13, 1998 regarding the drainage easement proposed by
the Highlands Ranch Metro District for Planning Area 84.
THK recommends moving forward with preliminary City approval
with the condition that final approval be given with final
design plans. The Water Board requested a map showing the
size and location of the easement.
3. McLELLAN RESERVOIR PROPERTY.
Stu noted that Lucent Technology has decided to purchase
land north of Englewood's 40 acres located across from
McLellan Reservoir. Englewood has agreed with Shea Hornes to
maintain a certain level of quality regarding future
development. The McLellan property and various options will
be discussed at a future meeting.
4. SOUTHGATE SUPPLEMENT #139.
A request was made by the Southgate Sanitation District
representing the owner, Manchester Hornes, for inclusion into
the Southgate Sanitation District. Supplement #139 is for
an area 5.412 acres. The zoning per Greenwood Village is R-
2.5 (residential) and will remain the same. The property is
located north of Powers Ave. and east of S. Holly Street in
Greenwood Village.
Ms. Bradshaw moved;
Ms. Habenicht seconded:
Ayes:
Nays:
Members absent:
Motion carried.
2. S & H CONCRETE.
To recommend Council approval
of Southgate Supplement #139.
Habenicht, Clark, Cassidy,
Vobejda, Bradshaw
None
Burns, Higday, Otis
The Board received a request from Donald and Judith
Gilliland, owners of S & H Concrete, to connect several
buildings to water and sewer with one water service and one
sewer service for all buildings. The buildings are separate
and located on the same parcel of subdividable land. The
Gillilands have agreed not to subdivide the land unless the
water and sewer arrangement is brought to City Code with
separate services. A copy of the "Agreement Regarding Water
and Sewer Taps'' was given to the Board at the meeting.
Discussion ensued and the Board moved to forward the request
to City Council for final approval.
Ms. Habenicht moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
4. INFORMATIONAL ITEMS.
To forward the Agreement
Regarding Water and Sewer Taps
from S & H Concrete to Council
for approval.
Habenicht, Clark, Cassidy,
Vobejda, Bradshaw
None
Burns, Higday, Otis
The Board received the following information items to be
discussed at a future meeting:
a. A letter dated November 5, 1998 from Hill & Robbins to
James Michael of Harding, Laus & Associates. The
Letter is regarding the Thornton letter to the Water
Quality Control Commission.
b. Packets from James Michael of Harding Lawson
Associates: "Littleton Englewood Bi-City Wastewater
Treatment Plant Modifications and Improvements Required
to Treat Wastewater to the City of Thornton's Standards
as Requested by Exhibit T-1 14, 11 Impact of Littleton
Englewood Bi-City Wastewater Treatment Plant Discharges
on Thornton's Columbine Water Treatment Plant," and
"Littleton Englewood Bi-City Wastwater Treatment Plant:
Quality of Wastewater Discharged and Permit Compliance
Record. 11
c. Proposed Water Supply and Facilities Agreement between
Englewood and Centennial dated October 15, 1998
reflecting a revision of the 1980 Water Supply
Agreement to allow additional water delivery to
Centennial.
5. ELECTION OF WATER AND SEWER BOARD CHAIRMAN.
Nominations for Water and Sewer Board Chairman were
received. Ms Habenicht, as existing Temporary Chairperson,
asked that she not be considered due to other commitments.
Ms. Habenicht moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
6. CHRISTMAS PARTY.
To nominate Grey Clark as
Chairman and Ms. Bev Bradshaw
as Vice-Chairwoman of the
Englewood Water and Sewer
Board.
Habenicht, Clark, Cassidy,
Vobejda, Bradshaw
None
Burns, Higday, Otis
The Englewood Water and Sewer Board Christmas party will be
held December 8, 1998 at 5:00 p.m. at the County Line
Barbecue.
The next Water and Sewer Board meeting will be December 8,
1998 at 5:00 p.m. at County Line Barbecue.
Respectfully submitted,
Cathy Burrage
Recording Secretary
SUPPLEMENT NO. 21
ATT. 2
TO CONNECTOR'S AGREEMENT
SEWER CONTRACT NO. ---
THIS AGREEMENT is made and entered into by and between the CITY OF
ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk (the
"City"), and VALLEY SANITATION DISTRICT, Arapahoe County, Colorado (the
"District").
WHEREAS, the City and the District are parties to a Connector's Agreement
dated November 15, 1984 (the "Connector's Agreement") which concerns the connection
of the District sewer collection facilities to the City's sewage system, and
WHEREAS, the Connector's Agreement provides that additional service areas
may be included within the limits of the District with the written consent of the City;
NOW THEREFORE, in consideration of the Premises and of the mutual covenants
of the parties hereto, it is agreed as follows :
1. The City hereby consents to the inclusion of the additional area described
on Exhibit 1 hereto into the District and agrees that said additional area
may be served with the sewer facilities of the District, and that the City will
treat the sewage discharged into the District's sanitary sewage system and
into the City's trunk line from such additional area, all in accordance with
the Connector's Agreement. Accordingly, Section 1 of the Connector's
Agreement is hereby amended to include the additional real property
described on Exhibit 1 hereto . The owners of such property are Chris
Stark and Kelly Stark (individuals).
2 . Except for the agreements set forth in Section 1 above, each and every
other provision of the Connector's Agreement remains unchanged and
continues in full force and effect, and the additional area herein included
shall be subject to all of the terms and agreements contained in the
Connector's Agreement.
IN WITNESS WHEREOF, the parties hereto have caused their names and seals to
be hereunto subscribed and affixed this day of , 1998.
ATTEST: CITY OF ENGLEWOOD
City Clerk Mayor
ATTEST: VALLEY SANITATION DISTRICT
By~J~/
resident
EXHIBIT 1
THAT PART OF THE SW 114 OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 68
WEST OF THE 6TH P .M., LOCATED IN ARAPAHOE COUNTY, COLORADO,
DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT ON THE SOUTH RIGHT OF WAY LINE OF W .
DARTMOUTH AVE ., SAID POINT BEING 358 .69 FEET WEST AND 30.0 FEET
SOUTH OF THE CENTER OF SAID SECTION 33; THENCE SOUTH 366 .0 FEET;
THENCE WEST PARALLEL TO SAID SOUTH RIGHT OF WAY LINE 260.18 FEET
TO A POINT ON THE EASTERLY LINE OF A PUBLIC SERVICE COMP ANY
RIGHT OF WAY LINE DESCRIBED IN BOOK 727 AT PAGE 382, ARAPAHOE
COUNTY RECORDS; THENCE N 44 DEG. 47 MIN . 10 SEC . E ALONG SAID
EASTERLY LINE 315 .05 FEET; THENCE N 2 DEG. 25 MIN . 50 SEC . W ALONG
SAID EASTERLY LINE 142 .52 FEET TO A POINT 30 .0 FEET SOUTH OF THE
NORTH LINE OF THE SOUTH 1h OF SAID SECTION 33, SAID POINT ALSO
BEING ON THE SOUTH RIGHT OF WAY LINE OF W. DARTMOUTH AVENUE;
THENCE EAST ALONG SAID SOUTH RIGHT OF WAY LINE, 44 .28 FEET TO THE
POINT OF BEGINNING. EXCEPT A 1.0 FEET WIDE RESERVED STRIP LYING
EAST OF AND PARALLEL TO THE EASTERLY PUBLIC SERVICE RIGHT OF
WAY LINE. TOGETHER WITH THE FOLLOWING EASEMENT APPURTENANT :
A NON-EXCLUSIVE, PERPETUAL EASEMENT OVER AND ACROSS THE REAL
PROPERTY DESCRIBED AS FOLLOWS: A 15-FOOT WIDE STRIP, THE
NORTHERLY LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS : THAT PART OF THE SW 114 OF SECTION 33, TOWNSHIP 4 SOUTH,
RANGE 68 WEST OF THE 6TH P .M. AS FOLLOWS : BEGINNING AT A POINT ON
THE SOUTH RIGHT OF WAY LINE OF WEST DARTMOUTH AVENUE, SAID
POINT BEING 49.69 FEET WEST AND 30 .00 FEET SOUTH OF THE CENTER OF
SAID SECTION 33; THENCE WEST ALONG SAID SOUTH RIGHT OF WAY LINE,
309 .0 FEET TO THE POINT OF TERMINUS OF SAID NORTHERLY LINE .
Also known as 1630 W. Dartmouth Ave., Englewood, Colorado 80111.
DENVER :0875039 .0 1
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VICINITY MAP
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\ LEGAL DESCRIPTION
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\ A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 4 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, CITY
OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
i COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 33; THENCE
; S 00·20'0411 W ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID
~SECTION 33 A DISTANCE OF 30.00 FEET !0,THE SOUTH RIGHT-OF-WAY LINE OF
; WEST DARTMOUTH AVENUE; THENCE -N·· 89 38 39" W ALONG SAID RIGHT-OF-WAY A
. DISTANCE OF 358.69 FEET TO THE POINT OF BEGINNING· THENCE S 00'20'04" W
. A DISTANCE OF 366.00 FEET; THENCE N 89'38'39" w A 'oISTANCE OF 258. 77
FEET· THENCE N 45'07'32" E A DISTANCE OF 314.45 FEET·· THENCE
N o2·os'28" w A DISTANCE OF 142.89 FEET !O ,THE SbUJH RIGHT-OF-WAY LINE
·OF WEST DARTMOUTH AVENUE; THENCE S 893839" E ALONG SAID RIGHT-OF-WA Y
A DISTANCE OF 43.28 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 38,787 SQUARE FEET OR 0.890 ACRES, MORE OR LESS.
DENVER • ASPEN
BOULDER • COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS • BOISE
CHEYENNE • JACKSON HOLE
SALT LAKE CITY
Via Hand Delivery
Ms . Cathy Burrage
Mr. John Bock
HOLLAND & HARTLLP
ATTORNEYS AT LAW
SUITE 3200
555 SEVENTEENTH STREET
DENVER , COLORADO 80202-3979
MAILING ADDRESS
P .O. BOX 8749
DENVER , COLORADO 80201-8749
November 17, 1998
Englewood Utilities Department
3400 South Elati
Englewood, CO 80110
Re: Valley Sanitation District
TELEPHONE (303) 295-8000
FACSIMILE (303) 295-8261
DANIEL]. GLIVAR
(303) 295-8322
dglivar@hollandhart.com
Inclusion of Real Property/Englewood Connector's Agreement
Dear Mr. Bock and Ms . Burrage :
As we discussed, the Board of Directors of the Valley Sanitation District
recently approved the inclusion of certain real property into the District subject
to approval by Englewood of a supplement to the District's current Connector's
Agreement dated November 15, 1984 . The legal description of the property
being included is attached to the enclosed Supplement to Connector's
Agreement .
The additional information that you requested is as follows :
1. Total Acreage of Parcel: 3 9, 192 square feet (. 90 acres).
2 . Existing Zoning: The existing zoning is 1-2 (General Industrial).
There are no proposed zoning changes . ·
3. Type of Building Constructed : Office and warehouse .
4. Owners : Chris Stark and Kelly Stark, who reside at 6070 S . Lima
Way, Englewood, CO 80111.
5. Order of the Court: For your information, I have enclosed an Order
of the District Court showing approval of the inclusion. Attached to
the Order is a signed copy of the Inclusion Agreement between the
District and Chris and Kelly Stark.
6. Supplement Agreement : Five originals executed by the District are
enclosed for signature by Englewood .
Ms. Cathy Burrage
November 17, 1998
Page 2
HOLLAND & HARTLLP
ATTORNE Y S AT LAW
Please call me to confirm your receipt of these documents and to verify
that you have received all of the information necessary to have the Supplements
executed by Englewood . We request that you date the documents upon
execution and return at least two fully-executed copies to me.
Please call me at 303-295-8322 if you have any questions or need
anything further.
Very truly y
Enclosures
cc : Ms. Florence Meehl (w/out enc .)
DE N VER:0881622 .0l
,.
A TT. 3
GOOK PACE
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into as of the eighteenth
day of N:overnber , 19 98 --:-·· by and
between the CITY OF ENGLEWOOD, a municipal corporation of
Colorado, qereina·ftE3:r ref erred to as "City" and
~ -· ..... ::-.
hereinafter referred to as "Licensee,"
WITNESSETH:
The City without any warranty of its title or interest
whatsoever, hereby authorizes Licensee to maintain a parcel of
land in the City's rights-of-way for the City Ditch.
A parcel of land situated in the SE 1/4 of the SW 1/4
of Section nine: Township_--""'"'--------------
Range 68w of the 6th .P.M.,
City of Littleton
County of Arapahoe, State of Colorado and lying within the
following described lines:
BEGINNING AT THE NORTHEAST CORi"lER OF LOT 2 BLOCK 1, WlNDER.i'v!ERE EQUITIES
SUBDIVTSION ALSO BEING TJ:LE TRUE POINT OF BEGINNING; THENCE SOOD24 '4TW ALONG
TI-IE EAST LINE OF SAID LOT'\A.. DISTANCE OF 13.31 FEET; THENCE Sl5D46 ·oo··w A
DISTANCE OF 28 .93 FEET; TIIENCE SI 9D55'00"W A DISTANCE OF 10-U6 FEET; THENCE
Sl8009 ·oo··w A DISTANCE OF 30 .22 FEET TO A POINT ON THE SOlJfH LINE OF SAlD LOT 2:
THENCE N89D52 "53 '"W ALONG SAID SOUTII LINE A DISTANCE OF 26.29 FEET; THENCE
N18009"00''E A DISTANCE Of 38 .7-t FEET; THENCE NJ9055'00"E A DISTANCE OF 103.7-t
FEET; THENCE Nl5D-46'00.'E A DISTANCE OF 34 .8.+ FEET TO A POINT ON THE NORTH LINE
OF SAID LOT 2; THENCE S89052 '53"'E ALONG SAID NORIB LINE A DISTANCE OF 22 .30 FEET
TO DIE TRUE POINT OF BEGI:t-.'NING. SAID PARCEL CONTAINS -.i.+07 .62 SQ . FT (0 .10 l ACRE
MORE Of LESS)
The above-describe.d parcel contains ___ ._0_8_7_3 _______ _ acres.,
more or less.
: .....
BOOK . ' PACE · .. t •• •
1. In granting this License, the City reserves the right to rn~ke
full use of the property involved as may be necessary or
convenient in the oper.ation of the city and the City retains
all right to operate, maintain, install, repair, remove or
relocate any of its facilities ·located within the City's .
property at any time and in such a manner as it deems
necessary or convenient. In the event Licensee's
installations should interfere with the City's use or
operation of its property, at any time hereafter, Licensee
shall, upon request by the city and at Licensee's sole
expense, immediately relocate, rearrange or remove its
installation so as not to interfere with any such City use
and to remove the installation of Licensee when necessary or
convenient for the City, its successors or assigns.
2. The City shall have the right to maintain, install, repair,
remove or relocate the City Ditch or any other of its
facilities or installations within the City's rights-of-way,
at any time and in such manner as the City deems necessary or
convenient. The City reser\res the exclusive right to control
all easements and installations.
3. The rights and privileges granted in this License shall be
subject to prior agreements, licenses and/or grants, recorded
or unrecorded, and it shall be the Licensee's sole
responsibility to determine the existence of said documents
or conflicting uses or installations.
4. The Licensee shall have the right to maintain the ab6ve
described parcel including but not limited to planting and
trirnmj,ng grass, shrubbery and/or trees, fertilization and
irrigation and removal of trash and brush.
5. Access to the parcel by City personnel must be maintained by
Licensee for inspection and maintenance.
6. No con~truction shall be allowed on this parcel without
express written permission from the City.
8. Upon abandonment of any right or privilege herein granted,
the right of Licensee to that extent shall terminate, but is
obligatl.on to indemnify and save harmless the City, its
officers and employees, shall not terminate in any event.
9. The rights granted Licensee hereunder may not be assigned
without the written consent of the City.
10. Licensee shall comply with all applicable laws and · ordinances
and all rules, regulations and requirements of any .
environmental standards and conditions of the premises. If,
as a result of the Licensee's occupancy of the premises and
its operations hereunder, any such law, ordinance, rule,
regulation is violated, Lilcensee shall protect, save
harmless, defend and indemnify .city from and against any
penalties, fines, costs and expenses including legal fees: and
BOO~(
court costs incurred by City, caused by, resulting from or
connected with such violation or violations.
In granting the above authorization, the City reserves the right
to make full use of the property involved as my be necessary or
convenient in the operation of the water works plant and system
under the control of the City.
IN WITNESS WHEREOF, this instrument has been executed ~s of
the day and year first above written .
APPROVED:
·---
Stewart Fonda
Director of Utilities
APPROVED _Af! jrO FOP-M: -.
..
CITY OF ENGLEWOOD,
actin?·tijrough and by its
Water , ax::r~ Sewer BJaq:l:-d
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"'---EXISTI NG 24" PCP
UTILITY STORM SEWER
WINDERMERE
ST.
COLLINS AND COCKREL, P.C.
/ PAUL R. COCKREL ATTORNEYS AT LAW
JAMES P . COLLINS
TIMOTHY J. BEATON
390 UNION BOULEVARD. SU I TE 400
DENVER. COLORADO 80228
ROBERT G . COLE
PAUL C. RUF I EN
Mr. G. T. Malmberg
Water Sales Administrator
Denver Water Department
1600 West 12th Avenue
Denver, Colorado 80254
September 12, 1990
TELEPHONE
1303 1 986 ·1551
WATS
18001 354·5941
TELEFAX
13031 986·1755
Re: South Suburban Park and Recreation District--Future
Regi~nal Park (Arapahoe County Fairgrounds) Water
Service
Dear Mr. Malmberg:
I appreciate Mr. Culligan in your office having taken the
time to discuss with me and send the various documents concerning
the history of water service to the above-referenced property.
I have reviewed your letter dated August 13, 1990 to David
Lorenz at South Suburban Park and Recreation District. I have also
reviewed the Total Service Contract #14, the agreement for water
supply to this property; the operating rules of the Denver Water
Department; and various other documents. I have concluded that at
this time there remains a valid contract between the Denver Water
Department and the property owner for service to this property from
the existing six inch tap.
The property continues to be within the Contract Service
Area under the Littleton Total Service Contract and has
continuously utilized service through the present time. I believe
the District has a continuing right to service from Denver. Also,
there is at this time no practical alternative to the existing
Denver service for the property.
Regardless of whether the property is located within the City
of Englewood's boundaries, South Suburban has vested rights to
continued service from the Denver Water Department. Our location
within the City of Englewood does not obligate us receive service
only from Englewood. We have discussed this matter with Englewood
officials who are in complete agreement that it is appropriate for
the Denver Water Department to continue to serve this property; and
they have no objections to the continuation of service.
/' COLLINS AND COCKREL, P.C.
Mr. G.T. Malmberg
September 12, 1990
Page 2
If it would be helpful, I would be willing to meet with you
and representatives from the City of Englewood to discuss this
matter. However, at this time we continue to look to you for
service under your contractual obligation.
cc: Mr. David A. Lorenz
Mr. H. William Woodcock
Mr. James F. Culligan
RGC/ks
Sincerely,
~j)U:'
Robert G. Cole
Attorneys for South
Park and Recreation
P.C.
Suburban
District
ColORAdo WATER U1iliry CquNcil
,•
September 14, 1990
The Honorable A1an K. Simpson
Unit~d States Senate
261 Senate D1rksen Off1c& Bldg.
~ash1ngton, O.C. 20510-5002
ATTN: Brent Erick~on
Dear Senator Simpson:
Tne Colorado ~ater Uti11ty Counci1, a statew1de coal't~on of water
utilit,~s in Co 1 or~do, ~1s h es to express its strong oppos1t,on to a
proposed sanction option u~der cons1deration by House and Senate
conferees on Amendments to the Clean Air Act <S. 1630 and H.R.
3030). It 1s our understandi ng t he Senate vers i on differs from thg
House version w1th respect to such sanctions. Hhile three of the
four sanct1on opt 1ons in S. 1630 d~rect1y relate to air qua1ity
sanct1ons~ the fourth avai l ab l e opt~on amounts to a ban on new
hook-ups to pub 11 c dr~ nk 1 ng water system. Th1 s 11 growth centre i 11
most assuredly 1s n.Q1 &n a'r quai i ty sanct1on .
Not on1 y does such & step co nst i tute an unwar r anted fed eral
,nstr us1on into l oca l dec1s i on-making aff~ct in g loca l reso urces,
b,B'ut prov1d1ng such authority to E.P.A. ~ou 1 d s uccessfu ll y ne ~ter th e
p1ann 1ng. f 1na ncin g, and co nstr uction processes of water de 1i very
fac,l it1es at th e 1oca 1 gov e rn me ntal le vel. Rat her than having
1oca1 boards and co mm1ss1 on s who are know l ed ceabl e about 1ocal
conditio ns mak i ng such decis ion s, aut hor,ty ~or t hese 1ccal
d~cisio n s wou 1d be t r ansferred to E.P.A . 's Hashington headq uarte r s ..
Loca1 pl anning and dec i s1on-mak i ng authority would the n reside in a
federal bureaucracy which has no duty to eva l uate the relat1ve -
merits of compet1 rig social, econcmi c. po 11 ti ca 1, environmenta 1, and
cu1tura1 concerns at the local l evel.
Suen a cond1t ~on i s 1nt oierate. The Colo r ado water Uti 11ty Co unc il
respe,tfu1ly req ue$tS t h ~t any ?rov 1s1c n g1vin g E.P.A. the a u t ho r ~ty
to withhold water taps as a clean a1r sanct1on be rejected. We
further reo~est t hat Co nc ress establis h cl ea n air standards which i n
co m b1natio~ w1 11 ref l ect-the myriad ~n v 1ronmental 1 soc i al , eco nom ic,
po l it1ca 1 an d ot her co r.s i ce r at ~o ~s cf v1 ta1 I mp or ta nce to l oca l
entHies.
Sincerely,
Bud O'Hara
Cha1rman
Colorado Water Ut1l1ty Co unc11
BOH:~ze
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M !.;.ANI& KOPll~S::~Z.. 8ACKC8
.tr.I[ loe • .JQMNSC)N
'
1700 L.INCOL.N IT.-l&T, SUITC ::1900
:>'!NVUll, C:Ql.QAAOO e0103
City & Sta~e: :(3oc,OclJ..A (()
FROM:*~~AOOOCK
T !:L.'!P~ONt 1::1021 ••1·9QCQ .
'T'E1.:co111t'4 <3031 •••·•o••
Oata :--.&.f_ .. \ .. ~ .... -.... 9-.0 __ _
Ti.ma: _______________ _
Fax
No. : ___..4_4.=;I.~--~(p-..S_..<i..5....__
SOEJ?C'T:~------~------------~------~--------------~~--~----
COMMENTS: _____________________________________________________________ _
Total number of paqa• transmitted ( incluciinq cover sheet): 3 0
If t~ara are a.ny pro~lams wit.l\ tranamia1icn, plaaaa call~
at (JOJ) 861-9000,
CABLSON,lL\xXOND & PADDOCX
AT'TO,.Nt:YS A.T L.A.W
· .JOMN 1.JNOEM C:A"'L.aON
MAP'tY M ltAC l-I AMMONO
W l l.L.IAM A . i:>il>OOOCK
MONT~Ollllltl'IY Wl'IAY W l1"TE.N
'TOO .J . ~M t TM
M tL..AN I ~ KOPPEFl:UO ISAC:Klr.&
L..EE M . .JOHNSON
Oavid Hill, Esq.
Hutchinson, Black,
1215 Spruce Street
P.O. Box 1170
Boulder, Colorado
Bruce Bernard, Esq.
White & Jankowski
t700 L.I NCOL.N &TREE'T, SU ITlt :SG~OO
OENV!R, COL.OIV.~O 80203
Auquat 30, 1990
Hill & Cook
80306
t
511 sixteenth street, suite soc
Denver, Colorado 80202
Dear David and Bruce:
T tL.E:Fli.tON! (303) eeH~OOO
TELE:COll l !R (303) Se l ·90ZS
I am enelosinq my revision of the drart David Hill discussed
with Kelly and ~e on Monday morning las~. As you can see, I have
acidecl a new paragraph a to orovide for the allocation of the
payment o! Fixed Water and Contingent Water as ~•tween Westminster
and Thornton in the event those two cities make independent payment
arrangements. The purpose of the formulae dealing with Contingent
Water is to deal with the odd situation that arises from the
different sized storage accounts which Westminster and Thornton
have. Those storage accounts are derived from pro rata stock
ownership plus purchased storaqe. What I have tried to C.o is
attribute pay;uent responsibility on the Contingent Water to the
parties accordinq to the deqrea of exercise of Clear Creek Standley
Lake water rights. If Thornton and Westmir.ster do reach an
accommodation for payment of the Englewood Contingent water using
Thornton's south Park or othar riqhts, and the mark-over concept at
Sta~dley Lake, then the !ormulae can be transferred to the separate
Westminster/Thornton aqreemant.
It seems to me that paragraph 8 may have some benefits for
Englewood, !or it probably puts a greater responsibility en
Westminster and Thornton to prognosticate correctly the levels of
exercise of the Clear Creek Standley Lake Rights an~ thus to some
degree probably encourages overpayment to Englewood. Also, to the
degree that either city ends the season with an outstanding
obligation to Enqlewcod, th• payn1ent is made at a time when
Englewood is most likely to be able to receiv• the water. As
between Thornton and Westminster I think the formulae serve the
purpose of basic tairneas.
• ~=!~I o l • "' '""·
David Hill, E•q.
Bruce Barnard, E•q.
Auquat 30, 1990
Paqe 2
C..A.BLSON, H.AJOlOND & PADDOCK
Plaase qive me a call when you have had a chance to look this
over.
t
cc: Kelly DiNatala
Yours sincerely,
,.-,,.-~~!~ V ;;hn u. Carlson
i. Introduction: Potties and Pu;:pg111
The parties to this Aqreement are the city of Enqlewood
("Enqlewood"), the City ot Thornton ("Thornton") and the City or
West.""Uinster ("Westminster") • All are municipal corporations
organized under the constitution and laws of the State ot Colorado.
Westminster and Thornton have filed applications for the change of
certain water riqhts in the Water Court for Water Division one,
t
state er Colorado. The applications include chanqes of what are
co:nunonly known as the "Standley Lake Water Rights", which rights
ara more particularly described in the applications which bear
docket numbers S6CW397, 88CW267, 89CWl29 and 89CW132 (the
"applications"). Englewood has vigorously opposed the granting of
the applications on the terms and conditions proposed by
Wes~"ninster and Thornton. The parties have agreed. to resolve their
differences pursuant to the agreement herein set forth.
2. Enqie~ood to Withdraw
Englewood will withdraw its statement cf oppo&ition to
the applications, or if the Court will not permit withdrawal,
Englewood will not contest entry ot decrees in whatever forms are
sought by Westminster and Thornton. However, Englewood shall not
be obligated to take any such action until this agreement shall
have been ratitied by the city councils of all three parties.
3. Definition of "Decree Conditiong"
DIA"J ~t JO, 1990, 9:45•
Ca \..-51\Da..ewc.D -~
3.1 Westminater and/or Thornton will cau•• the delivery
of certain untreated water to Englewood, as provided below, if the
"Decree condition" is met. The "Decree Condition" is defined as
follows:
3. 2 The "Clear Creek Standley Lake Riqhts 11 means the
water riqhts decreed to the Croke canal and Standley Lake Reservoir
in that certain decree commonly known as t."le "OUnklee Decree" dated
May 13, 1936, in civil Action No. 60052, Div. 11, District court,
City and County of Denver, namely:
t
Reservoir Priority No. 74 and 74-a
on Clear Creek, No. 6 and 6a on
Ralston Creek, and No. 2 and 2-a on
Leyden Creek; and
Ditch Priority No. 76 on Clear
Creek, No. 24 on Ralston Creek and
No. 5 on ~eyden Creek;
3.J "All Sources Decreed to Standley Lake" means the
Clear creek Stanaley Lake Rights plus surface runoff collected by
Standley Lake plus the water rights decreed to Standley Lake from
Coal Creek and Woman Creek, decreed in cases numbered 3994, 6672
and 1330 in the District Court for Boulder County and case number
54658 in the District Court in and for the City and county of
Denver, and no other.
3.4 A decree which meets the "Decree Condition" is one
entered in the applications which allows "average deliveries" of
more than 17,lOO acre feet to Standley Lake per annum from Clear
Creek Standley Lake Rights (in their entirety, extrapolated from
DIAFT; ~t JO, 1990, 9t45•
c: \WP5, \EJIGLNXI) .AGI
....... ' -' .. ,,_,
the amount per share allowed to Westminster and Thornton).
The preceainq sentence assumes that decrees will be
entered in the Westminster applications which will be identical in
applicable substance to those entered in the Thornton application.
However, it is possible that such will not be the case. It the
decrees for the two cities vary in applicable substance, then the
fol 1 owinq rules shall apply. The Decree Condi ti on shall be applied
separately tor each city, by extrapolating allowable per-share
deliveries for that qity to the total outstandinq shares in the
Standley Lake Division of the Farmers Reservoir and Irrigation
Company, which is 2372.478, and comparing the result to 17,lOO. I!
the Decree Con~ition is met for one city but not the other, then
the Fixed Delivery ana the Contingent water delivery obligations
shall be reduced by 26' if the Decree Condition is not met by
Thornton 1 s decree, and by 74' if the Decree Condition is not met by
Westminster' decree. I! there are variances ~etween the cities in
per-share annual "Croke Deliveries•' .because of variances in the
decrees, a similar proration shall be made.
3. 5 such deliveries shall be measured at the Croke Canal
di$charqe measureltlent flume at the downstream end of the Croke
Canal just above Standley Lake, and, if necessary, at a discharge
measurement flwne just above the point or points at which the
Church Ditch or the Farmers' High Line canal discharges into
Standley Lake. ("The Croke Deliveries").
There shall be included in the "Croke Deliveries" for the
3 ·
DUFT: ~t 30, 1990, 9:45•
CI \YIS1 \EJlllLEWOCI> ,AQI
purposed ot determining whether tha Decree condition ia met, any
diversions on Clear creek Standley Lake Riqhts which ~
l.-<.'e-~<-(9 Y wt>"' I cl ~tt ve bee11
historically made at the headgate of the Croke Canal or Church
"\
Di teh but which instead will be made at alternate points o!
diversion. There shall be included in "Croke Deliveries" under
paragraph 4.8.3, any amount diverted under the Clear Creek Standley
Lake Rights which is diverted at locations other than the headgate
of the Croke Canal or the Church Pitch, includinq, but not limited
to, such water which is by-passed at the Croke Canal headgate and
t
stored in al tarnate points of storage pursuant to the decree
entered in cases numbered 88CW268 and 88CW269, Water Division One.
It such water is subsequently transferred back to Standley Lake by
exchange, and has already been counted towards "Croke Deliveries",
it shall not aqain be counted again at the time of exchange, and
shall be treated as not bein9 water diverted on the Clear Creek
Standley Lake Ri;hts.
3.6 "Average Deliveries" means the annual average
permitted by the decree. If the decree does not establish an
l i~-n;-fc ,f-i'e--rl
annual averaqe.'\for such deliveries or for "All Sources Decreed to
Standley Lake 11 then the Decree Condition shall be deemed to be met.
3. 7 All surface inflows and seepage into the Croke Canal
shall ~e deemed to be diversions on the Clear Creek Standley Lake
Rights. If waters other than diversions on the Clear creek
Standley Lake Riqhts pass through a discharge measuring flume, the
followinq rules shall apply. A ten percent (lOt) ditch loss shall
4
DWT; ~t 30, ,990, 9:45•
C:\t.P51\EIGLl\IOCD.AG«
·.
be applied to such other waters measured at th• headqate on Clear
Creek, and subtracted from such measurement to determine the volume
of such waters at the discharge measurinq flume. Tha remaining
volume at the diseharc;e measuring flume shall be deemed to be
waters diverted on the Clear creek Standley Lake Rights.
3.B If the decree does not expressly establish a limit
or. permitted amount ot deliveries on the Clear Creek Standley Lake
Rights, but does establish a limit or permitted amount of
deliveries on All Sources Decreed to Standley Lake, then deliveries
t
on the Clear Creek Standley Lake Rights will be deemed to be BS\
percent of deliveries on All Sources Decreed to Standley Lake. If
there is no expresa limit or permitted amount of deliveries on
either the Clear Creek Standley Lake Riqhts or on All Sources
Decreed to Standley Lake, then the Decree condition shall be deemed
to have been ~et.
3.9 Any dispute concerning interpretation of the decree
(i.e., whether the Decree condition has been met) shall be resolved
by arbitration by a board of ar~itrators, each of whom shall have
had substantial experience in water law or water en9ineering and
none of whom shall have been hired by any party in the ten years
preceainq the commencement of arbitration hearings, nor prior to
the arbitration decision. If any party makes a written demand for
such arbitration and delivers same to the others, then within 30
days after date of last delivery of such dEUnand, Englewood shall
designate an arbitrator in writing delivered to the other parties,
5
DWT; Aulliat 30, 1990, 9:45•
C:~\lil"St\EHLEWCtO.AGR
••-··I ~ i Y I,_.,
and Westminster and Thornton shall jointly desiqnate on• arbitrator
and deliv&r written notice thereof to Enqlewood. (If Thornton and
Westminster cannot aqree upon an arbitrator, within such period,
the one desiqnated by Englewood shall act a.lone). The two
ar~itrators so chosen shall, within 30 days after the designation
or the last of them, choose a third and deliver written notice
• thereof to the three parties. The three arbitrators shall reach a
decision by a majority vote, after an investigation and hearing at
which the parties may ~ppear and give testimony and arqument. Any
decision of the arbitrators shall be final and bindinq upon the
parties and shall be enforceable pursuant to the Uniform
Arbitration Act as adopted by th~ State ot Coloradc:>. !he::. l/i;-eefa"l-1 ~;,.
sL 1vl 1 ,,,:,~ .. Ct '4r:Vi _-,z 1r:x:t-yc'Yle-f411-L
4. Ettect of the pecree Condition c f-1-f,£... 1-:h: I n·e,; cf ·rite_
4.l Effect. If the Decree Condition is met, Thornton
and Westminster will cause the delivery o! untreated water to
Englewood as follows. (Thornton will physically make all
deliveries unless otherwise aqreed, as provide~ below) . If the
Decree Condition is not met, the parties shall remain bound by all
obligations set forth herein other than those of delivering
what is commonly called "eonsumptive t!se" water: that is, water
which may be used and successively re-u&ed by the first ~ser until
it is completely consumed by evaporation or transpiration. The
delivered water must have been previously decreed for municipal
(l ... 'f . 1· ~--c, JI _1 ,e111 .--:· r .Jfi e "::JftL,,./4 '-/ 1~.Je JI~); /:t ~-'/•<;: CJ', TC lL J /1 tllttll-<Je c ~rt-t e ll ,r.t1;u't> v , " r
... J --' · ~: · 1 . DUFT; ~ 30, 1990, 9145• -j /L[tf c.c -~·o<~ i s S>Cl.'.j·J.f,.·1 "t1 ,7 !~.,.~ /(S •J1 cTnC:. r-f!E-t( C;\\P.11\DCUWCl),AQI
t5 :H ,c~ J.'1.td~~7 ....,.l,-,-~i....c ~;-.• z · ·.1 ):,:,: <. /~ .J,-:-, J 11 .rJ _.,,-1,;::j~-~. , I e , .r , """" "---.J'.'.·~~'_:_;,,_"'--'-"';::___,__...__~--'-
< J I . I l . ' ( -; 1 ," ' . .. J ' t " I . . I ' -.) .J I 'r..' ,.,, n:: ,·~j''/J '' :'' .. -1 •_,.. ,;_~:,, >1~c,;. ,')t"' h·'' 7 1 /! I• t l j ;r 1'; 7 ),"(·(.'/ I·"'---
r · f I cl(? ( if f -' L. C ) I {1 I .~, :'-;) ,
use. Enqlewood shall have the rights to all return tlowa from use
of the delivered water.
4.3 Place of Delivery. The place of delivery will be
one or more of the followinq selected by Englewood: (a)
Englewood's Union Avenue Diversion facility; (b) Chatfield
Reservoir; (c) The City Ditch Outlet Manifold from Chatfield
Reservoir; (d) the Hiqhlina canal Diversion works; and (e) any
location between (a) and (d) reasonably selected by Englewood; (f)
or such point or points on the South Platte River reasonably
selected by Enqlewood which are at or below the historic
agricultural points of diversion of the water which is to be
supplied, except as rollows: with respect to deliveries due prior
to calendar year 1998, deliveries may be made at Englewood's
McBroom Ditch headqate on Bear Cre~k,, by e.xchanqe ~rom _ l~".fe_r ,·. ·,
~../1 ,'e~t-y.J tt-1 c ;-a bt-tl y: p-''"'I"' u.tJ . 111 -i t<ijt, ,Cf. _;
points, to the extent that other sources of watar~available to
(~,,. IA."<'>f .,.,,,.;.,,-.~t~t }
Thornton1 such as Thornton's rights from former Water District 23,
Wellington Lake, Duck Lake, and water due from Centennial Water and
Sanitatien District are inadequate to make the requisite
deliveries. Engle.wood will ~· required to take delivery by
exchanqe to the McBrcom headqate only if delivery by exchange to
points (a), (b), and (c) cannot be made ~y exchange because ~f
inadequate exchange capacity. If the water rights from which
delivery is to be ~ade are decreed for municipal use and
consumptive use, but not for diversion at a place selected by
Englewood, and a change of point of diversion is necessary,
7
DRAfT: ~t 30, 1990, 9:4589
CI ~1 \EllOL.N:ll:'ID .AGll
Enqlewood will obtain the chanqe of point of diver•ion if the
original agricultural point ot diversion was above Chattield
Reservoir or on Plum Creek; otherwise, the chanqe will be obtained
by whichever of Thornton and Westminster delivers the water.
4.4 Period for Deliyery ot Fixed Water: Commencement.
Delivery of fixed water shall be made between May 31 and the
following September 30. The first period during which delivery of
fixad water and contingent water is required shall beqin June 1,
1992. °Fixed water" ..and "contingent water" are defined below.
4. S Rat• of peliyery. The rate of delivery shall be set
by Thornton, and shall not exceed 10 c. f. s., unless Englewood
consents to a greater rate not to exceed 20 c.f.a. such consent
shall not ~e unreasonably withheld if snowpack and rainfall
conditions are such as reasonably to indicate that failure to
deliver at a :rate up to 20 c.f.s. might r9asonably mean that
Thornton's sources available from former Water District 23,
Wellinqton Lake and Duck Lake, and Centennial Water District would
not be su!!icient to make the requisite deliveries. After 1997,
Thornton's sources available from Water District 23 shall include
all its rights which historically diverted therein.
Thornton and Englewood may mutually agree upon a greater rate
of delivery, for example in order to take advantage of delivery
opportunities from the South Platte River through the Denver High
Line Canal.
4.6 Place of Measurement. Water to be delivered shall
8
DllAFT; August 30, 1990, 9:45•
c: \WP51 \EJIGLE\al). AGlt
be measured at the point of delivery.
4.7 Fixed Amount to ba 01liyered lFixod Water). 75
acre feet per annwn shall be delivered during each period of
delivery. (The "Fixed Water").
4.8 Cgntingent Am,ount to be Deliyered.
{/'MA/\ ~1 c::.: n e -
4. 8. l A contingent amount, up to 375 acre feet, ,.,
shall [Wot• to Davi4 Hill an4 Bruce Sernards it ••ems to me
this is a bit oontuainc;. 'l'he continqent amo~~ i• not
delivered each ,an4 every year. Perhapa we should r•plaoe
"•hall" with 11 m.ay be require4 to"] be delivered during each
period ot delivery. (The "Contingent Water"). The portion of
the continqent amount to be delivered shall be determined as
:follow•.
4.8.2 The term 41 water year" means November 1
through the followinq October 31.
4.8.3 I! durinq any water year the water
delivered to Standley Lake by diversions on Claar Creek
Standley Lake Water Rights ("Croke Deliveries") exceeds 19,000
acre !eet, then Continqent Water shall be delivered in the
following amount: 375 acre feet shall be multiplied by a
fraction, the numerator of which is the amount oy which Croke
Deliveries exceeds 19,000 acre feet (but the numerator shall
not exceed 6, coo) and the denominator of which is 6, ooo.
(See, however, the modification of the fore9oin9 formula in
the paragraph below titled "the "Northqlenn Problem" bearing
DUFT; ~t 30, 1990, 9:45•
C: \\1115 t \D8l.EWCI», AQI
~i~ number 1 ~
The obliqation to deliver continq•nt water
(the "Contingent Water Obligation") shall beqin to accrue
at that point durinq any water year when -Croke Deliveries
total 19, 000 acre feat, and shall increase (per the
formula above) until the sooner of (a) the laat Croke
Deliveries durinq the particular water year, or (b) the
point at which Croke Deliveries total 25,000 acre feet.
'fhat part of the Contingent Water
Obliqation whieh accrues prior to Auqust l during any
water year must be delivered durinq the period between
May 31 and September ~o of the water year during which
the obligation accrues. That part of the Continqent
water Obligation which accrues on or after Auqust 1
durinq any year may, at the option ot Thornton, be paid
durin9 the delivery period for the !ollowing water year.
Thornton may prepay the Contingent Water Obliqation for
any water year durinq the dalivery period for that year.
For example, if Thornton esti~ates Croke Deliveries will
total 19, coo aere fee~ around June 20, it may prepay
beginning June 1. It such prepayment results in an
overpayment, then Thornton (and Westminster) may not
recoup any part of the overpayment. (Prepayment may be
made at a.ny time during the May 31 to Septer.\ber 30
delivery period).
lO
DRAFT; ~t 30, 1990, 9:45•
C1 \\195, \E1lll e.a:m .ACil
4.8.4 Deliveri•a shall be meaaured a• provided
in paraqraphs 3.5 and 3.7 above.
4.8.5 If diverted water wa1 available for diversion
under both the Clear Creek Standley Lake Rights and under more
j~nior priorities of Westminster and/or Thornton (or no
priority, as in the case of 11 no call" conditions), then the
diversions (and deliveries) shall oe allocated first to the
Clear Creek Standley Lake Rights, to the extent of the full
permissible decreed flow rate of the Clear creek Standley Lake
Rights.
I
(The foregoing sentence shall be applicable only to
--?-
accounting under this aqreemen ~ and then only until 11 croke
Deliveries" have reached 25, oo~ acre feet) .
4.8.6 Thornton and Westminster shall cause all
flu:mes necessary for measuring flow on the Claar Creek
stan~ley Lake Rights to be installed and properly maintained
and a continuous flow meter to be installed, maintained and
read. SUllUllaries of volumes measured for each calendar month
&hall be provide~ to Englewood ~ithin 15 days after the end of
each calendar month, and Englewood shall have reasonable
access to all measuring devices a~d recor~s. No information
need be sent for a month during which no deliveries occur. In
the event ot a breakdown, deliveries on the Clear Creek
Standley Lake Rights may be estittated as as percent of
deliveries on All sources Decreed to Standley Lake, as
provided in paraqraph 3.8, based on gauge height and the area-
ll
DIMT; ~t :SO, 1990, 9:45•
Cl~ ,\EllGl..E\DI). AGI
. . -·.. -~ -._...
capacity chart and recorded rel••••• from Standley Lake and
other information necessary to calculate inflow on a mass
balance approach.
5. paliyery to Centennial; Non-storage and Non-Use.
Englewood may assign or deliver the Fixed or Contingent
Water to the Centennial Water and Sanitation District, or its
subcessors, in whole or in part. During any period when neither
Enc;lewood nor Centennial has the capac::i :';Y :to s~ora 01:. imm~diately , -"-,vi/!./!~~ Viit> ~,,~f-c l-tlf./tt 1/~rk .e +;:r-dc f, • .,,-r y ,s_;0_; /i lf-. :f1 J'e•1 »cl-1~<" d~e ;.,,..,,)'; C'l/,,/
use water which is d~e"'deliveries shall qe forc;ivep ~t ~h~ !ate ~f .
C j/l rt-ft? e " ~ e cP, ~c ""-' P ,,. i'.'; p;,..,l·,{' VJaip r ti"' r=· d'1-< >-• "'€{ ~ ~"' h /f' ;-1 r ,[_ cc,.,"'-{t'· 17 '"1"1._f -1t.},iF r ~, 'J,,, £;
10 c. f. s ... Thornton shall be reasonably cooperative in attempting b .i..,
lR cc /''( e-J·
to make dQliveries durinq periods when they can be used or stored, d~~;?f
but the ulti!llate decision as to delivery dates shall remain with /1!>/,;oj
Thornt.on.
6. Notice of Dgliye~
Thornton shall qive Englewood written notice at least 20
days in advance of co~ence.ment of deliveries.
7. Qbligations of Westminster and Thornton to Englewood.
(a) Westminster and Thornton are neqotiatinq a
sub1idiary agreement between themselves as to the allocation of
their obliqations to Englewood tetween them, and this agreement
oontemplataa th• proper adoption o! such an agreement between
Westminster and. Thornton. As between Englewood and Westminster and
Thornton, the followinq agreement will apply. Thornton will make
all deliveries, unless Westminster and Englewood aqree upon a
separate delivery by Westminster of its pro-rata share of
12
DWT; ~t JO, 1990, 9:4S•
C: ~t\EIHILElal> .Mil
deliveries. It Thornton fails to deliver, Weatmin1ter will be
liable tor ita pro-rata share. If the Decree conditions are met
for both Westminster and Thornton, the obligations of Westminster
and Thornton are 74% and 26% respectively. As between themselves
Westminster and Thornton may aqree upon their respective
obliqations as they see fit. If Thornton and W••tmin•t•r fail to
malt• such a aubaidiary aqreement by
______ ,
1990, th•
oblig'ation• ot weatminater and Thornton to En9levood shall be
separately paid as provided in paragraph a below.
'
(~) Enqlewooa will not unreasonably withhold its consent to
any proposed agreement by Westminster separately to supply its
share of the continqent or Fixed ~ater to be delivered. specific
prcviaiona for such a separata delivery ~y Weat.JD.inster, an4 the
allocation of respective raspon1i~ities as batw••n Thornton and
Westminst•r are set forth in pa.rag'raph a below.
(a) Englewood agrees to release Westminster from any
obligation to provide the 75 ac=e feet of fixed delivery upon the
duly authorized assumption of such obligation by Thornton, provided
the terms of paragraph 9 are fully complied with.
(4) Ir Westminster and Englewood aqree that Westminster will
separately deliver all or any part ot the c::mtingent or Fixed
water, Englewood nay require compliance by Westminster with the
13
OU.FTJ ~t 30. 1990. 9:45•
C:~1\EllCll.NX:I),~
·;):;.!~ ! 0 J • 11 n O'r' , ¥ v v 'W' ¥ • '.. ' .......
terms of paraqraph 8 with respect to the water rights which will
provide the source of supply, unless the source of supply will be
the City and county of Denver acting by and throuqh its Board ot
water Commissioners (Denver) in which event all contracts with
Westminster and Denver in aid of auch separate deliveries shall ~•
subject to the approval ot Enqlewcod, which approval •hall not ~·
t unr•&•onal:>ly vithhel4.
Furthermore, it i t is aqreed that Westminster make•
separate delivery or ~ta share ot the o~liqations to !nqlewood,
then those riqhts to set rate of delivery (paragraph 4.5 ) and time
of delivery (paragraphs 4.4 and 4.8.3) [Note to Dave Hill and Bruce
Bernar~r I think there m.ay ~· other provisions in this a9reement
which also ought to ~e referenced here, e. i. , ih th• case of
arJ)itration between w. and E., only w. and E. would choose
· arbitrators, be a1ll>jeot to th• award, bear costs, etc. Notice
provisions al•o ne•d to re:lect this arranqament. There may be
other thine;• along these lines wa need to deal w:l th• l qi ven to
Thornton shall be transferred to Westminster with respect to the
water to be delivered by Westminster.
a. In the event ot separate delivery by Westminater,
weit=instar• s and. Thornton• s re1pective shares of the o:bliqation to
~eliv•r Enqlevood the fiza4 water shall be determine4 aa follow1:
west.lllinster shall be obligated to supply Enqlewood with !5.5 aore
teat of water annually, in aooorda.noe with the other t1rm1 and
14
DRA"; ~ 30 , 1990, 0:45•
C1 ~1\EJIGl.EWXI) .AGR
condition• of thil Aqraement, and Thornton •hall be obliqate4 to
supply 1nqlewoo4 with 19.5 acre teat of water annually, alao in
accordance with the other ta.rm.a and conditions ot thi• Aqreamant.
ror continqent water, waatminstar 1 1 and Thornton' 1 obliqations
shall be 4etermin•d aa follov1:
(a) weatmin•ter and 'rhorntoii shall eertify to Enqlewood
annually the number ot shares of stog)C in the Pa~era Reservoir an4
Irriqation company/Standley Division and the pereentaqa interest of
outatandinq atoeJc th't each city owns as of May 1. Th• followinq
ealeulations shall utilise each year th• number ot aharea 10
certified.
(b) To the extent in any water years
(i) Westminster delivers to s~andlay Lake from
the Clear Creek Standley L&ka Riqhta an amount
ot water equal to or qreatar than the pro4uct
of W••tmin•ter • 1 percentaqa interest in
l'RICO/Standley Lake oi vision a• of May 1 in
any yaa.r z lt,ooo, and
(ii) Thornton deliver• to Standley Lake trom
th• Clear Creek Standley Lake Riqhts an amount
of water equal to or qreat than th• product ot
Thornton•• percentaqa interest in
J'JUCO/StancUey Lake Division as of May 1 in
15
DUFT; ~t 30, 1990, 9:45•
c: \""51\fNCLBIXI) .Ala
• IJ-1 • I W 1 . V t,,_,
Than a
any yeu s 11,000, ucl
(iii> continqent Water i• owecS to lnqlavood
un4er paraqraph1 4.8.3 and/or 12 of this
Ac;reemeht,
(iv) absent supplementary a~reament vith other
Standley Lake Division shareholdar1,
waatmin1ter shall deliver to Englewood water
in an a.mowit equal t.o the product of this
formula:
a + (a + b) x o = d
where 11 a 11 is the quantity in acre feet ot
Westminster deliveries equal to or above
Westmin1ter•s parcentaqe interest &s of May 1
in 1RICO/Standley Lake Division times 19 1 000,
under. ese.roiae of the Clear creelt Standley
Lake RitJhta,
where "b" ia the quantity in acre feet of
DUFT; AUl8Ult JO, 1990, 9:4S..
C: \...-51 \El&Cl.Sllm .AU
16
'l'bonton deliv1ri1a equal to or above
Thornton•• peroentaqe interest •• of May 1 in
JRICO/Standlay Lake Division time• 19,000,
under exercise of the Clear creek Standley
Lake lliqbt•,
wh•r• non i• th• total quantity of continqent
water in acre feet owe4 to Enqlewood, an4
where "d" is the quantity in aore feet ot
water which weatminater shall deliver to
lnqlevood.
Thornton •hall deliver the balance of the
continqent Water owed to Enqlewood.
(c) To the extent in any vater year:
(i) weatmin1ter delivers to Standley Lake from
the Clear Creek Standley Lake Riqhts an amount
ot water l••• than th• product of
•••tminat1r•1 percantaqe interest in
FRICO/Standlay Lake Division as of May 1 in
any year times 1t,ooo, and
17
DIU"; August 30, 1990, 9:45•
C1~1\ENGL£\IOCl).AGI
Then:
(ii) Thornton deliver• to ltan4l•y Lake from
the c1aa.r creak Standley Lak• Riqht1 ILn amount
of water equal to or qreater than the prcduot
of 'l'hornton•s percentaqe interest in
raICO/Standlay Lake Division as ot May 1 in
any year ti.mas x 11,000, an4
(iii) Continqant Water is owe4 to Enql1wood
under paraqraphs 4. a. 3 and/or 12 ot thia
I
Aqreuent,
(iv) al)aent supplementary aqreemant with other
Standley Lak• Division shareholders, Thornton
shall ~e entirely responsible for all payment
of Continqent Water to Bnqlewood.
(d) To the eztent in any water year:
(i) Westminster delivers to Standley Lake from
the Claar Creek Standley Lake Riqhts an amount
ot water equal to or qraater than the product
ot We•tminater• s percentaqe intereat in
:rRlCO/Standley Lake Division as ot Kay 1 in
18
DIAFT; Auguat 30, 1990, 9:45•
C: \WPS 1 \DGli\al) .AGI
Then:
(ii) Thornton deliver• to stan4l•Y Lake from
the c11ar cre•k Standley Lak• Riqhta an amount
ot water equal to or qreater thlUl the prcduot
Of 'l'hornton•s percentaqe interest in
ra?CO/Standlay Lake Division as ot May 1 in
&JlY year ti.mas x 19,000, &Jld
(iii) continqant Water is owed to EnqlewoocS
under paraqrapha 4.8.3 and/or 12 of this
'
Ac;r•n•nt,
(iv) absent supplementary aqreemant with other
standl•Y Lake Division sharehold•rs, Thornton
shall ~e entirely responai~le for all payment
ot Continqent Water to Bnqlewood.
(d) To the extent in uiy water years
(i) Westminster 4elivers to Standley L&k• from
tbe Claar Creet Standley Lake Riqhts an amount
ot water equal to or qraater th&n the product
of We•tminater• a percentaqe intereat in
J1lXCO/Standley Lake Division as ot May 1 in
18
DIAFT; ~t 30, 1990, 9:45•
C:\WPS1~.AGI
'l'hen:
any year tim•• 11,000, an4
(ii) Thornton 4•livera to Standley Lake from
tb• clear creek Standley Lake Riqhts B.D amount
ot water lass than the product of Thornton••
peraentaqe interest in fRICO/Standley Lake
Diviaion aa of May 1 in any year times 19,ooo,
u4
(iii) Continqant Water is owed to !nqlewood
under paraqraphs 4.8.3 and/or 12 of thi•
Aqreemant,
(iv) absent supplementary aqreement with other
Standley Lake Division 1harehol4er1,
Westminster 1hall te entirely raaponei~l• tor
all payment of continqent watar to Enqlawood
under this Agreement.
Ce> To the extent in any water year:
(i) Westminster deliver• to Standley Lalte from
the Clear Creek Standley take Rights an a.mount
19
DIA"; ~t 30, ,990, 9:45•
c: \..s 1 \ElliLEWDD. Alill
Then 1
of vat er 1811 than
we1tJlin1t•r'•
the product
intereat
of
in
RICO/Standley Lake Division as of May 1 in
any year times 19,000, and
(ii) Thornton delivers to standl•J take from
the Clear Creek Standley Lake Riqht• an amount
of water leas than the product ot Thornton's
percenta9e 1interaat in 7RICO/Stan4ley Lake
oivi1ion a1 of May l in any year times 19,ooo,
(iii) Continqent Water is owed to Enqlewoo4
undar paraqrapha 4.8.3 illld/or 12 of tbis
1qraem.ant,
(iv) &baant supplementary aqreement with other
Standley La.lea Division shar•holders,
Westminster shall deliver to !nqlawoo4 water
in an amount •qual to the product ct thi•
formula a
(a + b)
(& + b) + (C + d)
x • = f
20
DWT; AuQLat 30, 1990, 9:51•
CI \\PS t\EIUllarDI. AliR
. .
where nan ia th• quantity in acre teat of
Westminster deliveries under ezeroise ot its
Clear creek Standley take Riqht•,
where "b" is Westminster• s parcantaqe intere1t
in FRICO/standley Lake Diviaion as of May 1 ot
any year tim•• 19,ooo,
wh•r• "o" ,is the quantity in aore feet of
Thornton deliveries under exercise of its
Clear creek Standley Lake Riqht1,
where "d" ia 'rhornton •a parcentaqe interest in
RICO/Standley Lake Division as of May l of
any ye&r times 11,000,
where ••eu i• the continqerit Water in acre teat
owed to Enqlevood, and
where "f" ia the ~Jantity of water in acre
feet which Westminster shall deliver to
!nqlawood.
!hornton •hall 4aliver the ):)ala.nee of the
Continqent water owe4 to Bnqlewoo4.
21
DltA,T; ~t 30, 1990, 9:51• ·
C:\\M1\DCJll1ilm).Mll.
g, Rtcordahl• Interest
Westminster, Thornton and Enqlewood will
contemporaneously sign a memorandum ot this Agreement, in the form
attached as Exhi~it A so as to qive Englewood a property interest
in Thornton's water rights which may be used for delivery.
Englewood shall not unreasonably refuse to release unneeded riqhts
' (particularly 1! Westminster separately provides its share of the
contingent water} or to allow release o! certain rights and
substitution of other adequate riqhts.
10. Wij;.hdrawals of statements of Oppos i tion, and Agreements
Not to F~le Sama, or Consents to Decrees
Englewood will not file statements of opposition in any
other applications to change ~ny of the Standley Lake rights listed
above, or in any diligence applications or applications to make
absolute concerning same. Englewood will consent to the entries of
decrees in all of Thornton's presently filed change cases or
applications on Clear Creek as requested by Thornton, and Thornton
agrees that the deerees in all such applications for change of
direct flow ditch decrees will contain a provision that Thornton
will not changa its point o! municipal sewage return flow from the
present Metro sewaqe Treatment Plant to a point below the headgate
of the Fulton Oitch without filing a further application for a
change of these riqhts, in which proceedin9 Englewood may appear
and obtain protection against injury to Englewood's water ri9hts
(1! any) which miqht result from such change of place of sewage
22
DWT; ~t 30, 1990, 9;51•
C: \11>51 \DBLNXI> .AGll
' '
return flow.
Englewood will not oppose the antry ot a decree in any
application by Thornton for the change of Burlington Ditch company
and Wellinqton Reservoir Company shares, which contains terms and
conditions no less restrictive than those contained in the decree
entered in Case No. S7CW107, and Thornton will not seek a decree in
any ' such application which is less restrictive than that entered in
such case.
En9lewood ~ill not oppose any application filed by
Thornton durinq 1990 for a right to divert on Clear Creek with a
priority date of 1990t or to exchanqe water (including re-usable
sewage effluent) from the confluence Clear Creek and the South
Platte River, anc1 the Giischarqe points of Tani Lakes and West
Gravel Lakes on the South Platte River to any point or points
upstream on Clear Creek.
Englewood will not object to the entry of any decree
sought by Westminster in ar.y of its presently !iled applications
fer change of direct flow ditch rights on Clear Creek so long as
substantial confonnanca with the volumetric limits and return flew
factors decreed in Case No. W-8743 with respect to certain of those
ditches changed by that decree are utilized and so lonq as the
historic diversion period utilized for the Kershaw Ditch change
antedates 1957. Enqlewood will withdraw its statement of
opposition from all other presently filed applications of
Westminster and Thornton.
23
DRAFT; ~t 30, t990, 9!51•
C:\11>51~.Aa.
We•tmin1ter and Thornton will withdraw their statements
or opposition (or retrain from filing same) in all presently !iled
Englewood applications and diligence proceedings and proceedings to
make absolute on any presently filed diligence proceedings.
Thornton and Westminster '#ill not file statements of
opposition to any application filed by Englewood during 1990 for a
' riqht or rights to divert on the South Platte eetween Cherry Creek
and the Hiqhline Canal Diversion Works (includinq the latter), or
any tributary theretQ with its confluence between Cherry Creek and
the Chatfield Reservoir with a priority date of 1990.
Thornton and Westminster will not file statements of
cpposition to any application filed by Enqlewood during 1990 for
and exchange of water by-passed at the McBrocm headgate on Bear
Creek, to Englewood's Union Avenue intake on the South Platte or
any point upstream ot same to and including the Highline Canal
diversion works.
Thornton and Westminster will not file statements of
opposition to any application (er amendment to an application for
an augmentation plan) utilizing the water to be delivered hereunder
in the !ollowinq rashion: The water to be delivered hereunder will
be placed in the Stream (or le!t in the stream) ~o replace the
portion o! any water diverted by Englewood which will be consumed.
For example, but not as a limitaticn, such a plan might operate as
follows: It durinq a particular period when diversions were made
Englewood would consume 60 percent or the diverted water, and
24
DUFT: ~t 30, 1990, 9:51•
c: \liM, \£NQL.l\l)(I) .Mil
W••t.min•t•r and Thornton will withdraw their statements
ot opposition (or refrain from filing same) in all presently filed
Englewood applications and diligence proceedings and proceedings to
make absolute on any presently filed diliqence proceedinqs.
Thornton and Westminster '#ill not file statements of
opposition to any application filed by Englewood durinq 1990 for a
• riqht or riqhts to divert on th• South Platte ~etween Cherry Creek
and the Hiqhline Canal Diversion Works (includin9 the latter), or
any tributary theretQ with its confluence between Cherry Creek and
the Chatfield Reservoir with a priority date of 1990.
Thornton and Westminster will not file statements of
cpposition to any application filed by Englewood during 1990 for
and exchange of water by-passed at the McBrocm headqate on Bear
Creek, to Englewood's Union Avenue intake on the South Platte or
any point upstream ot same to and includinq the Highline Canal
diversion works.
Thornton and Westminster will not file statements of
opposition to any application (er amendment to an application for
an augmentation plan) utilizinq the water to be delivered hereunder
in the !ollowinq fashion: The water to be delivered hereunder will
be placed in the Stream (or le!t in the stream) ~o replace the
portion or any water diverted by Englewood which will be consu~ed.
For example, but not as a limitation, such a plan might operate as
follows: If durinq a particular period when diversions were made
Englewood would consume 60 percent ot the diverted water, and
24
DRAFT; ~t 30, 1990, 9:51•
C: ~ 1 \EJIQl..1\IOCm .AGI
Enqlewood wishes to divert 100 acre feet, Enqlewood would put into
the stream 60 acre feet of water delivered hereunder and divert the
100 acre feet from the river. It is expressly intended that
Thornton and Westminster will not contest Enqlewood' s depletion
factors involved with such a plan.
Westminster and Thornton will not oppose any diligence
' application, or applications to make absolute, tiled by Englewood
with respect to its McLellan Reservoir decree entered in Case No.
CA3635 in the Distri~t Court for Douglas county.
12. The Northglenn Problem
The City of Northglenn presently owns 18. 68 percent
(433.194 /2372.476) of the outstanaing shares or the Standley Lake
Diversion o! Farmers Reservoir and Irrigation company. It is
anticipated that Northglenn may acquire additional shares.
Northglenn is not a party to this agreement, and yet the number
19,000 acre feet used in paragraph 4.B.3 is for Croke Deliveries
which will include Northglenn's share of Croke Deliveries. The
parties wish t~ exclude Northqlenn's share of t~e Croke Deliveries
in determining whether an obligation to deliver Contingent Water
has accrued. Therefore, i~ making such determination, the number
19,000 acre feet as used in paragraph 4.8.3 shall be reduced by
18.68 percent thereof to 15,450.8, and the number 25,000 acre feet
shall be reduced by 16.68 percent thereof to 20,330. Likewise,
Croke Deliveries as measured shall be reduced by Northglenn ' s share
thereof. Should Northglenn purchase additional shares in the
25
OUFT; Au!Nlt 30, 1990, 9151•
C:\'-"1\EllGLalXl>.AGI
. SE~ T i3Y: Ch 5:r' t W 'W \iiol ~'<ti J I -.,,,• .. •' >1•1
' A
Standley Lake Division, then the 18. 68 percent reduction from
19, coo and 25, 000 shall be increased to the percent of such
outstandinq shares which are owned by Northglenn.
For similar reasons it is agreed that notwi thstandinq the
provisions of paragraph 10 above, which preclude Englewood !rom
opposing future changes of any of the Standley Lake riqhts listed
' abova, Enqlewood may oppose any such chanqe by Northglenn, unless
Northglenn aqrees to contribute to the water to be delivered to
EnglQWOOd pursuant to this agreement, in a manner agreed to in
writing by all three or the precent parties.
13. Ratification by City councils
This agreement will not be effective until it is ratified
by the City Councils of all three parties. Counsel and staff
members who have reached this agreement will use all practical good
faith efforts to obtain such ratification.
14. Venue
In the event of litigation over this agreement, the
parties consent to venue in the District court of Weld county,
before a District Judge who is the (or a} Water Judge for Water
Division One, if a hearinq bQfora such judqe can b6 obtained, and
will use their best e!!orts to obtain same.
15. Attorney's Fees
In the event o! breach o! this agreement, any party found
to be in default shall pay the reasonable attorney 1 s fees and
expert witness fees incurred by any other party on account of the
26
DWT; ~t 30, 1990, 9:51•
C: ~ 1\EJt;tEWCI) .AGl
. -.
datault. In th• avent ot arbitration, such expenses incurred by
the prevailinq party with resp•ct to any claim shall be paid to
that party by the lcsinq party or parties on that claim.
16. Exeoyti~n By Attorneys Pending Ratification by Cities
This agreement is made by the undersigned counsel for tha
respective parties, in anticipation o! ratification by their
respective City councils.
Dated this day of , 1990. -
~~---------
27
CITY OF WESTMINSTER
By:~~~~~~~--~---John u. Carlson
special Water counsel
CITY OF ENGLEWOOD
By: __ _,..------..-------------David G. Hill
Special Water Counsel
CITY OF THO~"TON
By: ______________________ _
Bruce Bernard
Special Water Counsel
DIAFT; AIJll,.9t 30. 1990, 9:5,•
c: \YIS 1 \Ellll.EIXI) .Ac;a
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P. C.
l.AW OFTICES
1002 WALNUT STRC.£.T, SUITE 300
OAVIO l. HARRISON
CHARLES N . WOOORUF'F'
ROBE.RT £. 1... BEEBE
DAVID M. BROWN
BOULDER , COLORADO 80302
.JAMES R . MON TGO MERY
VE R O N I CA A. SPERLING
.J AMES .J. O U BO I S
STEV E.N P . JE F'F'ERS
William H. Miller
Manager
Denver Water Department
1600 West 12th Avenue
Denver, co 80254
Stewart Fonda
Director of Utilities
City of Englewood
3400 So. Elati Street
Englewood, co 80110
TELE PHONE : 13 0 3 ) 443·8 7 82
T E:L£C0 ?1£.R : t 303 1 443-8 79 6
A DD RESS CORRESPONDENCE TO:
P .O . BOX 1440
BOULDER , CO 60306-1440
September 12, 1990
RAPHAEL .J, MOSES
.JOH N W ITTEMYE:R
COUNSEL
H U NTLEY STONE
SPEC IAL COUNSEL
Re: Denver country Club water Rights in City Ditch
Dear Mr. Miller and Mr. Fonda:
I represent the Denver Country Club on water matters. As
you know, Denver Count r y Club o wns water rights in the City Ditch
totalling 66 inches. Those water rights have been used since 1920
to supply water for irrigation of the golf course and grounds, and
remain the Club's primary source of water to meet those
requirements.
I have brought to the Club's attention that Englewood is
making plans to enclose the upper part of the City Ditch, which may
affect the capacity of the ditch. The Club asked me to get in
touch with both Denver a nd Englewood to express the Club's concern
that no action be taken that will affect the continued delivery of
water to the Club through the City Ditch. The Club is totally
dependent on its City Ditch water rights and must be assured of the
continued delivery of its water through the ditch.
The Club requests that it be kept informed of your plans
for the City Ditch, including any proposed change in operations,
and would appreciate the opportuni ty to discuss this with you in
the near future.
MOSES, WITTEMYER, HARRISON AND WOODRUFF , P. C.
William H. Miller
Stewart Fonda
September 12, 1990
Page 2
CNW/jt ,
cc: Wayne D. Williams, Esq.
David G. Hill, Esq.
Sincerely,
Charles N. Woodruff ]/
for-(I
MOSES, WITTEMYER, HARRISON AND
WOODRUFF, P.C.