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Home My WebLink AboutC05-189 Colorado Mountain College IRRIGATION WATER DELIVERY AGREEMENT THIS AGREEMENT is entered into effective as of April I, 2005 by and among THE COUNTY OF EAGLE, a body corporate and politic of the State of Colorado ("County"), EAGLE COUNTY SCHOOL DISTRICT RE 50J, a quasi-municipal corporation and political subdivision of the State of Colorado ("District"), and COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT, a public junior college district of the State of Colorado ("CMC"). RECITALS A. The County and District are owners of various water rights decreed for diversion through the Howard Ditch ("Howard Ditch Water Rights"), and both parties use the Howard Ditch to deliver water for irrigation of lands generally located in portions of Sections 3, 4, and 5, Township 5 South, Range 82 West, 6th P.M., in Eagle County, Colorado. B. The District and County have cooperated in a planned unit development referred to as the Berry Creek/Miller Ranch Project, for which a final plat was recorded at Reception No. 799649 in the real estate records for Eagle County ("Project"). C. CMC currently leases Tract A, Berry Creek/Miller Ranch PUD, according to the plat recorded June 25, 2002, at Reception No. 799649, County of Eagle, State of Colorado from the Partnership for Education ("CMC Campus"). The Partnership for Education is a separate legal entity formed pursuant to S 29-1-201, c.R.S., by the County and School District. Pursuant to the lease between CMC and the Partnership (hereinafter II Ground Lease"), which is recorded in the real property records of Eagle County at Reception No. 808445, CMC constructed an all-purpose academic facility on Tract A together with landscaping. Pursuant to the terms of the Ground Lease, the Partnership will convey a portion of Tract A to CMC. At this time it is anticipated that the parcel to be conveyed to CMC by the Partnership will be approximately 6 acres. The remainder of Tract A remains subject to the terms and conditions of the Ground Lease. D. The District and County wish to cooperate in providing water for irrigation of the CMC Campus. CMC irrigation shall not exceed 8 acres of land. At the time of executing this Agreement, CMC has installed a permanent irrigation system within the approximately 6 acre tract which is in the process of being conveyed to CMC by the Partnership. Of the 6 acre tract, 2.3 acres of land will be permanently irrigated. At the time of executing this Agreement, CMC has also installed a temporary irrigation system, above ground, to restore native grasses on the remainder of Tract A. Such temporary system shall remain in place only for so long as necessary to meet the requirements established by the Design Review Board's approval dated June 4, 2003. While the total irrigation permitted on Tract A shall not exceed 8 acres of land, it is agreed that once temporary irrigation ceases, CMC presently intends to irrigate only that portion of Tract A deeded to the CMC by the Partnership. It is anticipated that CMC will work to develop the remainder of Tract A in phases as set forth in the Ground Lease and as a result may from time to time have additional irrigation needs on Tract A. As additional development occurs or as needs arise under the Ground Lease, CMC may access the Delivery System and withdraw water from the Pond to serve such needs provided that, CMC shall first notify the School District and County as set forth in paragraph 4 and provided further that such use shall not exceed 8 acres of land total. E. The parties desire to set forth the terms of their agreement to provide irrigation water to the CMC Campus. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: AGREEMENT 1. The foregoing Recitals are incorporated as agreements of the Parties. 2. The District and County each agree to provide one-half of the raw water needed to irrigate not to exceed 8 acres of the CMC Campus each year. 3. The Parties agree that a reasonable quantity of water for irrigation of the CMC Campus is 2.3 acre-feet per irrigated acre. Current water demand for irrigation of 2.3 acres at the CMC Campus is approximately 5.29 acre-feet per year. As a result, the District and County each agree to provide up to 2.645 acre-feet per year on a regular basis throughout the normal irrigation season under the Howard Ditch. The obligation of each Party (Le. the District and County) shall be limited to no more than one-half of the actual annual water requirement to irrigate the CMC Campus, not to exceed 8 acres. 4. If CMC proposes to increase the amount of land irrigated at the CMC Campus, under the Ground Lease and desires more water for irrigation of the additional lands, CMC shall notify the District and County in writing of the amount of increased area and the anticipated increase in water demand. Such notice shall be provided to the District and County on or before March 1 for any increase in irrigation water demand for the next irrigation season. Upon receipt of such notice, the County shall calculate the new total water demand for irrigation of the CMC Campus, and inform the District of that amount and the amount of the District's obligation for delivery of irrigation water. The District and County shall each deliver one-half of the new total water demand 2 beginning the next irrigation season. Total water deliveries to CMC shall not exceed 18.4 acre feet per year, 9.2 acre feet each from the County and School District. 5. The District and County shall be responsible for diverting their own water rights and delivering such water to the point at which the County's lateral diverts from the Howard Ditch. 6. The County shall be responsible for delivery of water into and through the County's lateral diverting from the Howard Ditch into the County's irrigation delivery system. The District shall have no obligation to operate or maintain any portion of the County's lateral or irrigation delivery system. 7. The District's Howard Ditch water rights shall be used solely on lands formerly part of the Miller Ranch owned by the District, now part of the housing development of the Project, and the County shall use an equivalent amount of its own water rights for delivery to and irrigation of the CMC Campus. The amount of delivery required from the District shall remain one-half of the amount needed to irrigate the CMC Campus, regardless of the water demand for irrigation at the housing parcel. 8. The obligations of the District and the County to deliver water to the CMC Campus are dependent upon stream flow conditions on the Eagle River and the ability to deliver water through the Howard Ditch and the County's irrigation delivery system. The parties shall have no liability to CMC for a failure to deliver water pursuant to this agreement for conditions reasonably beyond their control. To the extent the Parties experience any temporary interruption in the ability to deliver water caused by the condition of the Howard Ditch, they shall use their best efforts to restore that facility sufficient to deliver water to the CMC Campus. 9. The District is providing its portion of the water for irrigation of the CMC Campus free of charge to CMC. The County is providing its portion of the water for such use at a charge to CMC that will recover a portion of the capital cost of building the County's Pond and the delivery system therefrom, and the cost of delivering the water from the Pond needed to irrigate the CMC Campus. 10. The County and the District shall separately account for their own diversions of their respective Howard Ditch water rights. The County shall maintain water delivery records for irrigation of the CMC Campus and the housing parcel. The Parties agree to share their accounting information and coordinate their record keeping and accounting prior to submitting their annual reports to the State Engineer. 3 II. All notices requests, consents, and other communications pertaining to this agreement shall be transmitted in writing and shall be deemed duly given within 3 days of mailing, or when received by the Parties if hand delivered, at their addresses below or at any subsequent addresses provided to the other Parties in writing: Notice to Eagle County: Copy to: Helen Migchelbrink Diane H. Mauriello, Esq. Eagle County Facilities Eagle County Attorney's Office P.O. Box 850 P.O. Box 850 Eagle, CO 81631 Eagle, CO 81631 970-328-8691 Notice to School District: Copy to: Karen Strakbein Steven P. Jeffers, Esq. Assistant Superintendent of Business Bernard Lyons Gaddis & Kahn Services P.O. Box 978 P.O. Box 740 Longmont, CO 80502 Eagle, CO 81631 303-776-9900 970-328-6321 Notice to CMC: Copy to: Office of the Vice President Steven M. Beattie, Esq. Colorado Mountain College Beattie & Chadwick P.O. Box 10001 932 Cooper Avenue Glenwood Springs, CO 81602 Glenwood Springs, CO 81601-3446 Telephone: 970-945-8691 970-945-8659 12. Miscellaneous. a) Any financial obligations of the Parties, and of any governmental successor of the Parties pursuant to this agreement, shall be subject to the annual budgeting and appropriation of funds therefore and in accordance with Colorado law. b) This agreement shall inure to the benefit of, and be binding upon, the parties, their assigns, transferees and successors in interest. 4 c) This agreement may be amended from time to time by the Parties only in writing and executed in the same manner as this agreement. d) Each person executing this agreement represents and warrants that he or she has been duly authorized by their Party to execute this agreement and has authority to bind said Party to the terms and conditions hereof. IN WITNESS WHEREOF, the Parties have executed this agreement as stated below. ~, EAGLE?j~ , By: ~ Date: {; (;Lj/o~ ( n Menconi, Chairman ATTEST: By EAGLE COUNTY SCHOOL DISTRICT RE 50J Date: COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT By: Date: Name: Title: 5