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HomeMy WebLinkAbout08037Substituted Copy 7113109 ORDINANCE NO. 8037 AN ORDINANCE APPROVING THE SALE OF THE COLUMBINE DITCH WATER RIGHT BY THE BOARD OF WATERWORKS OF PUEBLO, COLORADO WHEREAS, in order to improve the overall reliability of its water supply, the Board of Water Works of Pueblo, Colorado ( "PBWW ") intends to sell the Columbine Ditch water right described in the attached Exhibit A (the "Water Right'), and to use the proceeds from the sale of the Water Right to acquire shares of the Bessemer Irrigating Ditch Company, WHEREAS, to implement this plan the PBWW has entered into an Agreement For Purchase And Sale of Columbine Ditch dated as of June 2, 2009 ( "Agreement') with Ginn -LA Battle One, Ltd., LLLP and Ginn -LA Battle Two, Ltd., LLLP (collectively "Battle Mountain ") for the sale and purchase of the Water Right, WHEREAS, pursuant to an Intergovernmental Agreement between PBWW and the City of Aurora, dated November 25, 1997 (the "1997 IGA "), the City of Aurora has the first right to purchase any transmountain water right offered for sale by PBWW upon the same terms and conditions as the offer received by PBWW, WHEREAS, the Agreement is expressly subject to the first right to purchase contained in the 1997 IGA and the Agreement shall terminate upon exercise of the first right of refusal by the City of Aurora in compliance with the requirements of the 1997 IGA, and WHEREAS, a condition of the Agreement requires that the sale of the Water Right be approved by the Pueblo City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The City Council of Pueblo does hereby approve the sale of the Water Right by PBWW to Battle Mountain in accordance with the terms and conditions of the Agreement and does hereby approve the sale of the Water Right by PBWW to the City of Aurora, if the City of Aurora exercises its right of first refusal, in accordance with the terms and conditions of the 1997 IGA. Substituted Copy 7113109 SECTION 2 This Ordinance shall become effective upon final passage and approval. INTRODUCED: July 13, 2009 BY: Barbara Vidmar COUNCIL PERSON �. PRESIDENTaf Cfty Council A77TSTED DY: CITY CLERK PASSED AND APPROVED: July 27. 2009 Substituted Copy 7113109 D � D Background Paper for Proposed ORDINANCE AGENDA ITEM # Q -3 DATE: July 13, 2009 DEPARTMENT: Law Department TITLE AN ORDINANCE APPROVING THE SALE OF THE COLUMBINE DITCH WATER RIGHT BY THE BOARD OF WATER WORKS OF PUEBLO, COLORADO ISSUE Should the City Council approve the sale of the Columbine Ditch water right by the Board of Water Works of Pueblo, Colorado? Approve the sale. BACKGROUND The Board of Water Works of Pueblo, Colorado ( "PBWW ") has entered into an Agreement For Purchase And Sale of Columbine Ditch ( "Agreement') with Ginn -LA Battle One, Ltd., LLLP and Ginn -LA Battle Two, Ltd., LLLP (collectively "Battle Mountain ") for the sale and purchase of the Columbine Ditch water right ( "Water Right'). Pursuant to agreement with the City of Aurora, the City of Aurora has the right of first refusal to purchase the Water Right. The sale of the Water Right is conditioned upon approval by the Pueblo City Council. The PBWW has requested City Council to approve the sale of the Water Right. FINANCIAL IMPACT None to City. EXHIBIT A COLUMBINE DITCH WATER RIGHT That certain water right decreed to the Columbine Ditch in Case No. 963, October 3, 1936, in District Court, Eagle County, more particularly described as follows: A. Decreed Points of Diversion: Headgate No. 1 is situate at a point from whence the southeast corner of Section 5, Township 8 South, Range 79 West of the 6" Principal Meridian bears South 55° 39' East, a distance of 7127.6 feet. Headgate No. 2 is situate at a point whence the said southeast corner of Section 5, Township 8 South, Range 79 West of the 6" Principal Meridian bears South 57° 29' East, a distance of 4957.3 feet. Headgate No. 3 is situate at a point from whence the said southeast corner of Section 5, Township 8 South, Range 79 West of the 6'" Principal Meridian, bears South 65 38' East, a distance of 1091 feet. B. Source: Three certain branches of the East Fork of the Eagle River. C. Appropriation date: June 21, 1930. D. Amount: Sixty (60) cubic feet of water per second of time diverted from the respective headgates in the following quantities: Headgate No. 1: 10 c.f.s.; Headgate No. 2: 20 c.f.s.; and Headgate No. 3: 30 c.f.s. E. Originally Decreed Purpose: Diversion throughout the entire year for direct flow and storage for irrigation purposes on various tracts of land situated along the Arkansas River. The water right for the Columbine Ditch was changed by the decree dated November 15, 1993, in Case No, 90CW340, District Court, Water Division No. 5 (consolidated with Case No. 90CW52, Water Division No. 2). This decree changes the water right and imposes terms and conditions on the exercise of the water right, including volumetric limits on diversions and season of use limitations. The water right to be conveyed under this Agreement is limited to the water right described above, and does not include any other water rights of the Board, including but not limited to the right to use any water diversion or storage facilities owned by the Board, any appropriative rights of substitution or exchange owned by the Board in which the Columbine Ditch water right is a source of water for the substitution or exchange, and does not include any plan of augmentation in which the Columbine Ditch water right is a source of augmentation water.