HomeMy WebLinkAbout09695RESOLUTION NO. 9695
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION AND THE PUEBLO CONSERVANCY DISTRICT AND AUTHORIZING
EXECUTION OF SAME BY THE PRESIDENT OF THE CITY COUNCIL
WHEREAS, the City of Pueblo ( "City"), with the support and participation of the U.S. Army
Corps of Engineers, is undertaking the Arkansas River Corridor Legacy Project (the "Legacy Project ")
to restore and enhance a ten -mile reach of the Arkansas River Corridor, between Pueblo Dam and
the Confluence of the Arkansas River with Fountain Creek (the "Corridor "), which will include the
construction of boating chutes and a whitewater kayaking course; and
WHEREAS, the Pueblo Conservancy District ( "District ") supports and is a sponsor of the
Legacy Project, is the owner of the river bed and banks in certain reaches of the Corridor, and has
already undertaken the initial phases of construction of a recreational boat chute in the Corridor in the
vicinity of the St. Charles Mesa Water District diversion structure (the "Existing Boat Chute "); and
WHEREAS, the City and District have reached an agreement concerning the transfer to the
City of District's interests in the Existing Boat Chute and any and all claims to an appropriation date
for water rights purposes based on the District's initiation of construction of the Existing Boat Chute.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement dated June 5, 2002, between the City of Pueblo, a
Municipal Corporation and the Pueblo Conservancy District concerning transfer to City of the Existing
Boat Chute and all rights to claim an appropriation date for water rights based on the District's
initiation of construction of the Existing Boat Chute, a true copy of which is attached hereto and
incorporated herein by reference, having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2
The President of the City Council is hereby authorized to execute the Intergovernmental
Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk is directed to
affix the seal of the City thereto and attest same.
INTRODUCED October 15, 2002
BY Al Gurule
Councilperson
APPROVED:
resident of City Council
ATTEST:
city c
o a E:) D
ED
Background Paper for Proposed
RESOLUTION
40v. # 9145
AGENDA ITEM # /j
DATE: October 15, 2002
DEPARTMENT: Law Department
TITLE
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE PUEBLO
CONSERVANCY DISTRICT AND AUTHORIZING EXECUTION OF SAME BYTHE
PRESIDENT OF THE CITY COUNCIL
ISSUE
Should the City enter into an Intergovernmental Agreement with the Pueblo
Conservancy District providing for the City to receive a transfer of the District's
interests in the initial phases of construction of a boat chute which the District built
in the Arkansas River at Moffat Street as part of the diversion for the St. Charles
Mesa Water District, as well as transfer of the District's rights to claim an
appropriation date for water rights associated with such construction?
RECOMMENDATION
This office recommends Council adopt the Resolution approving the Intergovern-
mental Agreement, and further recommends that, at the time of adoption, Council
express its appreciation to the Pueblo Conservancy District for the District's long-
standing cooperation and support in enabling the Legacy Project to become a
reality.
BACKGROUND
The Pueblo Conservancy District owns most of the river bottom and river banks in
the area of the Arkansas River where the U.S. Army Corps of Engineers will be
constructing the fish ladders /boating course as part of the Arkansas River Corridor
Legacy Project pursuant to its Local Cooperation Agreement with the City. As a
project partner of the City in the Legacy Project, the District has committed to grant
rights of way to the City for the Legacy Project and is supporting and cooperating
with the City in other respects as well.
The City has filed an application with the Water Court for recreational in- channel
diversion ( "RICD ") water rights to secure flows for the Legacy Project. In that
application, the City has claimed an appropriation date for the RICD water rights in
the 1980's based upon initial phases of the boating course work undertaken by the
District, with participation by the City, when the St. Charles Mesa Water diversion
was redesigned and reconstructed. The Agreement submitted herewith to Council
for approval formally transfers to the City the District's rights in the existing boat
chute as well as its claims to the appropriation date for water rights based upon the
District's construction of the existing boat chute elements.
FINANCIAL IMPACT
Although the Agreement obligates the City to perform maintenance on the boat
chute which may appear as a future obligation, that obligation has already been
assigned to the City under the Local Cooperation Agreement previously approved
between the Corps of Engineers and the City for the Arkansas River Corridor
Section 206 Restoration Project. Consequently, this Agreement has no financial
impact.
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement ") is made and
entered into this 5--` day of June, 2002, by and between the PUEBLO, A MUNICIPAL
CORPORATION of the State of Colorado ( "Pueblo "), and the PUEBLO
CONSERVANCY DISTRICT (the "District "), a conservancy district established
pursuant to C.R.S. § 37 -1 -101 et. seq., pursuant to authority granted in C.R.S. § 29 -1-
202 et. seq.
RECITALS
WHEREAS, Pueblo, with the support and participation of the U.S. Army Corps
of Engineers, is undertaking the Arkansas River Corridor Legacy Project (the "Legacy
Project ") to restore and enhance a ten -mile reach of the Arkansas River Corridor,
between Pueblo Dam and the confluence of the Arkansas River with Fountain Creek
(the "Corridor "), which will include the construction of boating chutes and a whitewater
kayaking course; and
WHEREAS, the District supports and is a sponsor of the Legacy Project, is the
owner of the river bed and banks in certain reaches of the Corridor, and has already
undertaken the initial phases of construction of a recreational boat chute in the Corridor
in the vicinity of the St. Charles Mesa Water District diversion structure (the "Existing
Boat Chute "); and
WHEREAS, Pueblo desires to obtain all of the District's interest in the Existing
Boat Chute and any and all rights of the District to claim an appropriation date based on
the District's initiation of construction of the Existing Boat Chute for purposes of
establishing a water right.
NOW, THEREFORE, in consideration for the foregoing recitals, the mutual
covenants contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Pueblo and the District hereby agree as
follows:
1. The District hereby transfers to Pueblo any and all interest it may have in
the Existing Boat Chute and any and all claims to an appropriation date for water rights
purposes based on the District's initiation of construction of the Existing Boat Chute.
2. The District hereby authorizes and approves completion of the Existing
Boat Chute by Pueblo.
3. Pueblo shall be responsible for the continued operation and maintenance
of the Existing Boat Chute, and any future improvements to the Existing Boat Chute;
provided however, that (a) Pueblo shall obtain approval from the District of all
proposed improvements to the Existing Boat Chute prior to commencement of
construction of any improvements; and (b) neither the improvements nor Pueblo's
operation of the Existing Boat Chute or improvements will impair the ability of the
District to comply with its statutorily created obligation as a Conservancy District.
4. If, after 5 years from date of execution of this Agreement, Pueblo has not
completed construction of the planned boating course, the District may review Pueblo's
progress towards completion and may elect to terminate this Agreement at that time if
not satisfied with such progress.
5. Nothing in this Agreement shall be construed so as to grant to Pueblo any
right to interfere with access to the points of diversion of the St. Charles Mesa Water
District or the West Plains Energy Company.
6. This Agreement may be executed in counterparts, each of which shall
constitute an original and all of which, taken together, shall constitute one agreement.
Manually executed counterparts of this Agreement may be transmitted by facsimile or
other electronic means and, when the counterpart so transmitted is delivered, shall have
the same validity and effect as delivery of a manually executed counterpart.
IN WITNESS WHEREOF, Pueblo and the District have executed this
Agreement on the date first above written.
PUEBLO MUNICIPAL CORPORATION
By: _
Name: Michael A_ Orrhiatn _
Its: President of City Council
PU=—- SERVA DISTRICT
, r. By. --
Name:
Its:
N
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
0cl The foregoing Agreement was acknowledged before me this S'f day
ofJww, 2002, by Michael A. Occhia as President of City CO
Pnicipal Corporation.
Q��ie9� hand and official seal.
0=
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My comm : sion expires 8 -21 -2003
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My Commission Expires ON I/M3 otary Public
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing Agreement was acknowledged before me this day
of June, 2002, by 6r. r sx-.' (y7g?!n --as for the
Pueblo Conservancy District.
Witness my hand and official seal.
My commission expires /d 3D dam_— —
Votary ublic
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