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HomeMy WebLinkAboutC09-339 Water Lease for Battle Mountain High SchoolWATER LEASE This Water Lease ("Lease") is entered into this day of June, 2009, by and between Eagle County Board of County Commissioners ("County") and Eagle County School District RE-50J ("School District"). RECITALS A. The School District is in the process of landscapirig the new Battle Mountain High School ("BMHS"), located on Tract B of the Berry Creek/Miller Ranch PUD located in the E 1/z of Section 4, T 5 S, R 82 W of the 6th P.M. The District applied to the water court to change a portion of its O'Neill and Holland, First Enlargement for use on the BMHS in Case No. 08CW200. The School District has also submitted a request for a substitute water supply plan in Case No. 08CW200. The request is still pending before the State Engineer. The District's demand for irrigation water at the BMHS from June through October is approximately as follows: TABLE 1. (values in acre feet) June July August Sept Oct Demand (gross) 6.73 8.60 7.48 4.49 2.25 Demand (c.u.) 5.72 7.31 6.36 3.82 1.91 B. The County was the owner of 5.269 cfs out of the 11.92 cfs decreed to the Howard Ditch First Enlargement, Priority No. 385, in CA-963, with an adjudication date of October 3, 1936, and an appropriation date of June 13, 1899. C. The County conveyed a portion of the 5.269 cfs to the Upper Eagle Regional Water Authority and retained a portion of the water rights for the County's own use ("Retained Water Rights"). At times, the County does not use all of its Retained Water Rights, resulting in the following estimate of excess water. TABLE 2. June July August Sept Oct Retained Water Rights Acre Feet of Consumptive Use 14.99 20.56 12.80 5.94 1.71 Flow rate (cfs) 4.724 4.899 3.726 2.885 4.557 Amount Currently Used by Eagle County on 24.4 acres Acre Feet of Consumptive Use 7.83 10.37 8.90 5.41 1.02 Flow rate (cfs) 2.48 2.48 2.48 2.48 2.48 Current Excess Available for Lease Acre Feet of Consumptive Use 7.16 10.19 3.90 0.53 0.69 Flow rate (cfs) 2.24 2.42 1.24 0.40 2.07 notes: (1) Amounts. in this table are approximate. (2) Amounts in May not included in Table. D. The School District desires to lease the County's excess Howard Ditch First Enlargement when not needed by the County until such time as it secures a SWSP in Csae No. 08CW200 that allows irrigation of the BMHS. LVB1176 Page 1 of 2 Z _~ AGREEMENT For and in consideration of the foregoing recitals, the mutual covenants and agreements herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Lease. The County hereby leases to the School District its excess water rights sefi forth in Table 1 above. The water shall only be used by the District for the irrigation of up to 17 acres at the BMHS as described in the application in Case No. 08CW200. It is expressly agreed that the County will have first priority use of such water, if needed by the County for the irrigation of the 24.4 acres as determined by the County or if the full amount of the County's remaining Howard Ditch First Enlargement is not available for diversion at the Howard Ditch for any reason. 2. Rent. Rent shall be based on the amount of leased water actually at a price of $100.00 per acre-foot. Rent shall be payable in arrears to the County monthly at the address set forth below.. 3. Term. The term of this Lease shall extend from the mutual execution of this Lease through and including October 30, 2009. This lease may not be extended or renewed except by written agreement of the parties hereto. 4. Assignment. This Lease may not be transferred, assigned or otherwise conveyed by the School District, without the prior written consent of the School District. 5. No Warranty. if the excess water is not available for any reason, the Countyshall have no duty to provide it or other water to the District under this agreement. The District also agrees and recognizes that the water supply through the Howard Ditch is dependent upon natural water resources that are variable in quantity of supply from year to year and at different times of the year, which can be subject to administrative curtailment, and which can be affected by causes beyond the School District's control above. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first setforth EAGLE COUNTY SCHOOL DISTRICT RE-50J EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS Name: ; ~. ~v-~~ r.~ By: Title: ~ F ~ Name:.. ~ I > _~, ~-~~~ , . ~ Title: (~'.~~1 i,i' ti'1G ,~ ~'..~1.~. {~- ~~ l LVBll7b Page 2 of 2 s" 1) 2) Requested hearing date: TERM SHEET June 16, 2009 For County Manager signature: No `~ 3) 4) Requesting department: Attorney Title: Water Lease between Board of County Commissioners and Eagle County School District RE-50J 5) Check one: Consent: _XX On the Record: 6) Staff submitting: County Attorney Representative 7) 8) Purpose: To lease to School District excess water rights for use by District to irrigate up to 17 acres at the new Battle Mountain High School Schedule: NA 9) Financial considerations: Contract amount? $100 per acre foot Has agreement amount been fully budgeted? N/A How much of the budgeted funds will remain after execution of this contract? Does agreement comply with Eagle County's Purchasing/Bidding/Request For Proposal guidelines set forth in Resolution 2006-071? N/A If no, list in detail the reason for non-compliance including any exceptions set forth in Resolution 2006-072. List dollar amount of all bids and provide detail for your choice of vendor, including but not limited to, such items as price, quality, experience, local preference, etc. 10) Other: .- APPROV AS TO FORM/'~~ ~ ~ } Eagle County Attorney's Office ~`~ :, t _____ ~egl~ @gfl ~ @ffit~ll~~l@H®t~ iflow