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HomeMy WebLinkAboutR03-160 Water Storage Berry Creek/Miller Ranch Development'_ v'• Commissioner moved adoption of the following resolution: BOARD OF COUNTY CONIlVIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003-- :~ RESOLUTION EVIDENCING APPROPRIATION OF RIGHTS TO STORE WATER FOR MUNICIPAL, DOMESTIC, IRRIGATION, AUGMENTATION AND EXCHANGE WHEREAS, the Board of County Commissioners ("Board") of Eagle County, Colorado requires irrigation storage water in connection with the raw water irrigation requirements of the Berry Creek/Miller Ranch Development; and WHEREAS, the Colorado Junior Mountain College District and Berry Creek Limited Liability Co. also require such water for irrigation within their parcels of land within the project related to the Berry Creek/Miller Ranch Development; and WHEREAS, the County has designed and intends to construct a "Pond" with an operational capacity of approximately 22.2 acre feet, more or less, that can be filled with a diversion of water from the Eagle River through the Howard Ditch, in which the County has existing water rights and carriage rights, but the actual capacity of the Pond will not be known until the construction is completed; and WHEREAS, the County's water rights engineering consultant has advised the Board that unappropriated water is available from the Eagle River on a reliable basis to fill and refill that Pond for irrigation and other uses; and WHEREAS, the County owns and operates other properties that have existing and future water requirements, .including those associated with the Eagle County Regional Airport, for additional municipal, domestic, irrigation, augmentation and exchange water supplies that may be needed from storage; and WHEREAS, the County owns excess historical consumptive use credits associated with its Howard Ditch water rights that also could be stored in the Pond for the County's aforesaid uses. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMIVIIS5IONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT the Board hereby evidences its appropriation of water by diversion from the Eagle River in the amount of 25 acre feet for storage in the Pond, including the right to fill and refill the Pond when water is available in priority, for municipal, domestic, irrigation, augmentation and exchange uses; and r~ ~ ~ THAT the Board authorizes and directs its attorneys and consultants to prepare and prosecute an application in the District Court for Water Division No. 5 for the confirmation of that conditional water storage right; and THAT the Board further authorizes and directs its attorneys and consultants to prosecute an application in said Court for a change of water rights for the storage of the County's Howard Ditch water right historical consumptive use credits in the Pond for such purposes. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this 16th day of December, 2003. ~,~c~ ~; COUNTY OF EAGLE, STATE OF COLORADO I ~ ~ ~ ®o~ By and Throu 'ts B r of Cou Commissioners e E T~ o~~ ~ ~ ®* By' ~ a~° 'chael L. Galls er, airman Jerk of the Board o County Commissioners By: Tom .Stone, Commissioner By: Arn M. Menconi, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, ote was as follows: Commissioner Michael L. Gallagher Commissioner Tom C. Stone Commissioner Arn M. Menconi This Resolution passed by ~ ~~/ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. \\Starion 22\wp-docs\David Hallford\Clients\Eagle Cty\Documents\Beny Ck\Pond Appropriation R~olurion 12-12-03.wpd