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HomeMy WebLinkAbout6107RESOLUTION NO. 6107 A RESOLUTION RELATING TO THE INCLUSION IN THE SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT OF LANDS ANNEXED IN THE PAST AND IN THE FUTURE BY THE CITY OF PUEBLO WHEREAS, the City of Pueblo is and has been included in the Southeastern Colorado Water Conservancy District (the "Southeastern District ") since April 29, 1958, by virtue of the Decree of the Pueblo County District Court confirming the formation of the Southeastern District; and WHEREAS, the City of Pueblo has, subsequent to its inclusion in the Southeastern District, annexed certain lands to the City of Pueblo, and may in the future annex additional lands; and WHEREAS, the Council of Pueblo desires that all lands heretofore or hereafter annexed by the City of Pueblo, Colorado, be included in the Southeastern District; and WHEREAS, this action is taken to comply with the requirements of §37 -45- 137(3.6), C.R.S.; NOW, THEREFORE, BE IT RESOLVED by the City Council of Pueblo, Colorado, that: The Council of Pueblo consents to inclusion in the Southeastern District of all lands that have been annexed to the City of Pueblo, and of all lands that are hereafter annexed to the City of Pueblo, on the terms and conditions set forth in the Decrees of the District Court for Pueblo County, Colorado in Case No. 40487, particularly the April 29, 1958 Decree ordering inclusion in the Southeastern District of all territory within the limits of the City of Pueblo, and the December 18, 1979 Judgment and Decree pertaining to subsequent annexations. INTRODUCED October 26 , 1987 BY PAUL JONES Councilman APPROVED sident of the Council �� .i � GEORGE C. KEELY PETER F. BREITENSTEIN CHARLTON H. CARPENTER PATRICK F. KENNEY HOWARD HOLME JAMES L.STONE MICHAEL M. Mc KINSTRY JAC K. SPERLING ROBERT L. LOEB, JR. KEVIN B. PRATT DANIEL R. FROST STEPHEN W. SEIFERT MARY JO GR05S ROBERT A. HOLMES JOHN J. SILVER FAIRFIELD AND WOODS, P. C. ATTORNEYS AND COUNSELORS AT LAW ONE UNITED BANK CENTER SUITE 2400 1700 LINCOLN STREET DENVER, COLORADO 80203 - 4524 TELEPHONE (303) 830 -2400 TELECOPIER (303) 830 -1033 August 24, 1987 JOAN E.SOMMERFELD THOMAS P. KEARNS ROCCO A.DODSON MARY E.MOSER CHRISTINE K,TRUITT BRENT T. JOHNSON PATRICIA D. MCGRAW CRAIG A.UMBAUGH STEPHEN H. LEONHARDT CAROLINE C. FULLER LINDA G. MOGREN OF COUNSEL ROYAL C. RUBRIG HT MARY E.BRICKNER CHARLES J. SEISE (1909 City Council City of Pueblo, Colorado Re: Inclusion of Annexed Lands in Southeastern Colorado Water Conservancy District Gentlemen and Ladies: In 1979, the District Court which organized the Southeastern Colorado Water Conservancy District ordered that all lands outside the Southeastern District thereafter annexed to cities within the Southeastern District comprise and are part of the Southeastern District. We believe that order still controls. However, subsequently the General Assembly enacted C.R.S. §37 -45- 136(3.6) which requires the District Court to order inclusion of lands outside the District and annexed to a city within the District "upon consent of the governing body of the municipality." Out of an abundance of caution, the Southeastern District is abiding by the new statute and must request your consent to inclusion of city annexations in the Southeastern District. We therefore enclose a draft resolution, adoption of which would be sufficient to satisfy the District's requirements and request its adoption at your earliest convenience. 1. For your reference, also enclosed is a copy of C.R.S. §37 -45- 136(3.6). Incidentally, your City Clerk has kindly alreadly provided us with certified copies of the necessary ordinances as required by the statute. 2. Decree of April 29, 1958 confirming formation of the District and including all territory within the limits of the City; and RECEIVED �. :I t� � I In" FAIRFIELD AND WOODS, P. C. August 24, 1987 Page 2 3. Decree of December 18, 1979, with a provision on page 9 approving the inclusion of subsequently annexed lands. Thank you for your attention to this matter. Please call if you have any questions. Very truly yours, Kevin B. Pratt of Fairfield and Woods, P.C. KBP /jh Enclosures cc: Mr. Charles L. Thomson Thomas E. Jagger, Esq. �A'l 37 -45 -137 Water and Irrigation (3.6) Whenever a municipality has annexed land into its bounds- that municipality at the time of annexation previously had lands a boundaries included within the district, upon consent of the govern of the municipality the annexed lands shall be deemed to have been within the district, subject to the same terms and conditions as in applicable inclusion orders relating to that municipality. Upon the filing of a certified copy of the municipality's annexation ordinan petition of the district for inclusion of the annexed lands, the co enter an order including such lands within the boundaries of the upon the terms and conditions set forth in the petition. (5) (b) Upon the entry of such decree, the clerk of the court sh mit, to the division of local government in the department of loa and to the county clerk and recorder in each of the counties in wl lands or areas are located, copies of the findings and decree of t including such lands or areas in the district. The same shall be with said division, and copies shall also be filed in the office of th clerk and recorder in each county in which a part of the district where they shall become permanent records. Source: (5)(b) amended, L. 76, p. 606, § 31; (3.5) and (3.6) added a amended, L. 83, pp. 1390, 1228, § § 1, 13. '7 . r� THE DISTRICT COURT IN AND FOR THE COUA"i" the ofd of 1U .' of its, Inwrw r0aw - / OF PUEBLO AND STATE OF COLORADO P '..ble p...,,yy• w'u.� APR Civil Action No. 40487 - Div. "B" / IN THE MATTER, OF SOUTHEASTERN ) Qfsrlr COLORADO WATER CONSERVANCY ) FINDINGS AND DECREE DISTRICT ) On t'Lis 29th day of April, 1958, this cause coming on for hearing on the petition for the organization of a Water Conservancy District under the `Water Conservancy Act, " of the State of Colorado, the Court, after full hearing, finds: 1. That the petition in this cause for organization of a "Water Conservancy District" was filed in the office of the Clerk of the District Court, sitting in and for Pueblo County on February 25, 1958, and by order, this Court on said day fixed this 29th day of April, 1958, for hearing said petition , by the District Court sitting in and for said Pueblo County, at the Court Mouse in the City of Pueblo, Pueblo County, Colorado. That bond to pay all expenses connected with these proceedings in case the organization of the District be not effected, with security approved by the Court, has been filed in and is a part of these proceedings. 2. That the petition for the organization of a water conservancy district, filed in this cause, sets forth: (1) The proposed name of the District. (2) That the property within the proposed District will be benefited by.the accomplishment of the purposes enumerated in Section 3 of said Act. (3) A general description of the purpose of the contemplated improvement, and of the territory to be included in the proposed District. (4) The assessed value of all irrigated lands within the boundaries of the proposed District. (5) A general designation of Divisions of the District and the number of Directors of the District proposed for each subdivision. (6) Prayer for organization of the District by the proposed name; and (7) The signatures of the petitioners, with each tract (or tracts) listed opposite the name of the signer and the assessed valuation thereof, and whether each signer is the owner of irrigated lands or nonirrigated lands, or lands embraced in the incorporated limits of a city or town situated in the proposed District. 3. That the Clerk of this Court has caused notice of the pendency of said petition and of the time and place of hearing hereon, by publication of "Notice" in the following newspapers, to wit: ''Mountain Mail, " a legal newspaper of general circulation in Chaffee County; "Daily Record, " a legal newspaper of general circulation in Fremont County; "Pueblo Chieftain, " a legal newspaper of general circulation in Pueblo County; "Gazette- Telegraph, " a legal newspaper of general circulation in El Paso County; "New Era, " a legal newspaper of general circulation in Crowley County; "Tribune Democrat, " a legal newspaper of general circulation in Otero County; "Bent County Democrat, " a legal newspaper of general circulation in Bent County; "Lamar Daily News, " a legal newspaper of general circulation in Prowers County; " Kiowa County Press, " a legal newspaper of general circulation in Kiowa County. That said publication was made in each of said news- papers in the manner as required by law as more fully appears by affidavits of publication on file in this cause. That the Clerk of this Court on February 27, 1958, caused a copy of said Notice to be mailed, by United States registered mail, to each -2- of the Boards of County Commissioners of Bent, Chaffee, Crowley, El Paso, Fremont, Kiowa, Otero, Prowers and Pueblo Counties, as more fully appears by the affidavit of mailing of said notices by the Clerk of this Court and return registration receipts on file in this cause. 4. That no protesting petition or petitions have been filed. 5. That on April 29, 1958, a Motion for Continuance was filed for the Twin Lakes Reservoir and Canal Company, John L. Wyeth, C. D. Buchner, and E. E. Kercheval, by Barnard & Barnard; attorneys, and, the Court having heard argument thereon did deny said motion; that a Motion to Dismiss was on April 29, 1958, filed for the Twin Lakes Reservoir and Canal Company, John L. Wyeth, C. D. Buchner, and E. E. Kercheval, by Barnard & Barnard, attorneys, and, the Court having heard argument thereon did overrule said motion; that an Objection was filed on April 29, 1958, for John L. Wyeth, C. D. Buchner, and E. E. Kercheval by Barnard & Barnard, attorneys, and, the Court having heard argument thereon overruled said objection; that several requests for exclusion of lands were made to the Court by letters and the Court having considered the same finds that such requests by individual owners are governed by 149 -6 -32 C. R. S. '53. 6. That said petition has been signed by more than fifteen hundred (1500) qualified owners of irrigated land (i. e. 2286) situated within the limits of the territory proposed to be organized into the District and not embraced within the incorporated limits of a city or town; and each tract of land is listed opposite the name of each signer and each such tract (or tracts), together with improvements thereon, has an assessed value of not less than Two Thousand Dollars ($2, 000); and said petition has been signed by more than five hundred (500) qualified owners of lands embraced in the incorporated limits of cities and towns, (i.e. 1141), all situated in the proposed District; and each tract (or tracts) is listed opposite the -3- name of each signer and each such tract (or tracts), together with improvements thereon, has an assessed value of more than One Thousand Dollars ($1, 000); that said petition has been signed and presented in full conformity with the "Water Conservancy Act" of Colorado. 7. That the assessed valuation of irrigated land, together with improvements thereon, within the boundaries of the District hereinafter described, is more than Twenty Million Dollars ($20, 000, 000), to wit, Twenty -Seven Million Six Hundred Fifty Thousand Dollars ($27, 650, 000); and, on application being made to the Court by petitioners, said petitions and each and all of them on file herein are amended to conform to the proof so that paragraph Fourth thereof is amended to read: "Fourth: The assessed value of all irrigated land, together with improvements thereon, within the boundaries of the proposed district is Twenty -Seven Million Six Hundred Fifty Thousand Dollars ($27, 650, 000). " 8. That the City of Pueblo, in the County of Pueblo, and the City of Colorado Springs, in the County of El Paso, are cities each of which have a popula- tion of more than twenty -five thousand (25, 000) as determined by the last United States census; that said City of Pueblo, by and through the written consent of the chief executive officer of said city and with the approval of the legislative body thereof, has consented to inclusion within said District without restriction as to the maximum rate of taxation; that, by ordinance duly adopted by the City Council of the City of Colorado Springs on March 8, 1955, the same being ordinance No. 2206, together with the amendment thereof which was duly adopted by the City Council of the said City of Colorado Springs on February 11, 1958, said ordinance as amended consents to the inclusion of the City of Colorado Springs within the boundaries of the proposed Southeastern Colorado Water Conservancy District and to taxation in and -4- by such District pursuant to the statutes in such case made and provided, provided, however, that the judicial decree authorizing and adjudging the formation and incorporation of the Southeastern Colorado Water Conservancy District shall include a provision that in the event the transmountain water diversion program known as the Fryingpan- Arkansas Project is not authorized, approved, and con- structed as a United States Bureau of Reclamation project and the City of Colorado Springs should not approve or desire to participate in any other program or project for the diversion and use of water by said District, the City of Colorado Springs, at its request, shall be excluded from said Conservancy District on the payment of assessments due and payable by said city; that the proper officers of said City of Colorado Springs have consented to the inclusion of said city on said terms. 9. That except for said cities of Colorado Springs and Pueblo, there are no other cities or towns or cities and counties included within the proposed District having a population of more than twenty -five thousand (25, 000) as deter- mined by the last United States census. 10. That the City of Canon City, in Fremont County, Colorado, by Resolution No. 1 -57, passed by the City Council of said Canon City, on Monday, February 4, 1957, requested the inclusion of the City of Canon City within the boundaries of the proposed Southeastern Colorado Water Conservancy District, and that, subsequently thereto, said City of Canon City expressly objected to inclusion in writing to the Court prior to the date on which the Court declared the District organized, all as provided by Section 149-6 -32(2) of the Session Laws, the same being Chapter 293 of the Session Laws of Colorado 1957. 11. That this Court has jurisdiction of the parties to, and the subject matter of, this proceeding. 12. That the petition as amended in all respects complies with, and conforms to, the requirements of said Water Conservancy Act, and the allegations of said petition are true, and said petition is approved by the Court, -5- 13. That the property within the proposed District will be benefited by the accomplishments of the following purposes, to wit: Construction of "Works" as defined in said Water Conservancy Act for conserving, developing and stabilizing the supplies o: water for domestic, irrigation, power, manufacturing, and other beneficial uses. 14. That the purposes for which said District is established are: To acquire and appropriate waters of the Colorado and Arkansas Rivers and their tributaries and other sources of supply by means of "Works" as defined in said 'Water Conservancy Act, " and to divert, store, transport, conserve, develop, and stabilize all of said supplies of water for domestic, irrigation, power, manufacturing, and other beneficial uses within and for the territory to be inrhided in the said proposed District. 15. - That public necessity exists for the construction of the proposed "Works. " 16. That the territory to be included in the proposed District is described as follows: CHAFFEE COUNTY Township 12 South, Range 79 West: Sections 7, 8, 9, 26, 27, 28, 33, 34, 35 Township 12 South, Range 80 West: Section 12 Township 13 South, Range 78 West; Sections 19, 30, 31, 32, 33 Township 13 South, Range 79 West: Sections 2, 3, 11, 12, 13, 14, 22 through 27, 35, 36 Township 14 South, Range 78 West: Sections 4 through 9, 15 through 21, 2 8 through 3 5 Township 14 South, Range 79 West: Sections 1, 2, 11, 12, 13, 14, 22 through 27, 35, 36 Township 15 South, Range 78 West: Sections 2 through 11, 14 through 23, 26 through 35 Township 15 South, Range 79 West: Sections N 1/2 1, N 1/2 2 Township 51 North, Range 8 East: Sections 8, 9, 10, 15, 16, 17, 20, 21, 22, 27, 28, 33, 34 Township 50 North, Range 9 East: Sections 19, 30, 31, 32, 33 Township 50 North, Range 8 East: Sections 2, 3, 4, 9, 10, 11, 13, 14, 15, 16, 21 through 28, 31 through 36 Township 50 North, Range 7 East: Sections 29 through 36 Township 49 North, Range 9 East: Sections 4, 5, 6, 7, 8, 9, 10, that part of 11 and 14 in Chaffee County, 15 Township 49 North, Range 8 East: Sections 1 through 12 Township 49 North, Range 7 East: Sections 1, 2, 3 Also including all territory within the limits of the following towns and cities: Salida and Buena Vista That said lands above described include the area within the town of Poncha Springs, and, on application being made to the Court by petitioners, said petitions and each and all of them on file herein are amended to read: Also includL all territory within the limits of the following towns and cities: Salida, Buena Vista, and Poncha Springs. FREMONT COUNTY Township 49 North, Range 9 East: (Most of this township is in Chaffee County) Sections 13, that part of 14 in Fremont County, 24 Township 49 North, Range 10 East: Sections 18, 19, 20, 21, 27, 28, 29, 34, 35 Range 64 West: Sections 6, 7, 18, 19, 30, 31 Township 48 North, Range 10 East: Sections 1, 2, 3, 10, 11, 12, 13 Township 48 North, Range 11 East: Sections 7, 17, 18, 19, 20, 28, 29, 32, 33, 34, 35, 36 Township 48 North, Range 12 East: Sections 13, 14, 15, 20, 21, 22, 23, 28, 29, 30, 31, 32 Township 19 South, Range 73 West: Sections 6, 7 Township 47 North, Range 11 East: Sections 3, 4, 5 Township 18 South, Range 70 West: Sections 3, 4, 9, 10, 13 through 36 Township 18 South, Range 69 West: Sections 24, 25, 36 Township 18 South, Range 68 West: Sections 19, 27 through 35 Township 19 South, Range 70 West: Sections 1 through 12 Township 19 South, Range 69 West: Sections 1, 7 through 17, 20 through 24 Township 19 South, Range 68 West: Sections 2 through 11, 14 through 23, 25, 26, 36 Township 20 South, Range 68 West: Section 1 Also including all territory within the limits of the following towns and cities: Canon City, South Canon, East Canon, Florence, Penrose and Portland PUEBLO COUNTY Township 18 South,Range 65 West: Sections 1, 2, 11, 12, 13, 24, 25, 36 Township 18 South, Range 64 West: Sections 6, 7, 18, 19, 30, 31 Township 19 South, Range 65 West: Sections 1, 12, 13, 24, 25, 36 Township 19 South, Range 64 West: Sections 6, 7, 18, 19, 30, 31 Township 20 South, Range 67 West: Sections 5, 6, 8, 9, 15, 16, 22, 23, 24 Township 20 South, Range 66 West: Sections 19, 29, 30, 32, 33, 34, 35, 36 Township 20 South, Range 65 West: Sections 1, 12, 13, 14, 22 through 28, 31 through 36 Township 20 South, Range 64 West: (Less Booth Orchard) Sections 6, 7, 13, 14, 18, 19, 23, 24, 25, 26, 29 through 36 Township 20 South, Range 63 West: (Less Booth Orchard) Sections 17, 18, 19, 2 0, 2 9 through 3 6 Township 20 South, Range 62 West: Section 31 Township 21 South, Range 66 West: Sections 1, 2, 3 Township 21 South, Range 65 West: Sections 1 through 6, 8 through 17, 22 through 27, 34, 35, 36 Township 21 South, Range 64 West: Sections 1 through 24 -7- Township 21 South, Range 63 West: Sections 1 through 24, 26, 27, 34, 35 Township 21 South, Range 62 West: Sections 1 through 29, 35, 36 Township 21 South, Ran ge 61 West: Sections 4 through 11, 13 through 36 Township 21 South, Range 60 West: Sections 19, 20, 21, 26 through 36 Township 22 South, Range 65 West: Sections 1, 2, 3 Township 22 South, Range 61 West: Sections 1 through 24, 27, 28, 29, 30, 31, 32, 33, 34 Township 22 South, R.ange 60 West: Sections 1 through 25, 36 Also including all territory within the limits of the following towns and cities: Pueblo EL PASO COUNTY Township 13 South, Range 67 West: Sections 7 through 36 Township 13 South, Range 66 West: Sections 7, 8, 9, 10, 15 through 22, 27 through 34 Township 14 South, Range 67 West: Sections 1 through 15, 22 through 27, 34 through 36 Township 14 South, Range 66 West: Sections 3 through 10, 15 through 22, 27 through 34 Township 15 South, Range 67 West: Sections 1, 2, 11 through 14 Township 15 South, Range 66 West: Sections 1 through 18, 23, 24, 25, 36 Township 15 South, Range 65 West: Sections 7, 8, 13 through 23, 26 through 34 Township 16 South, Range 66 West: Sections 1, 12 Township 16 South, Range 65 West: Sections 3 through 10, 15, 16, 17, 20, 21, 22, 27, 28, 29, 32, 33, 34 Township 17 South, Range 65 West: Sections 3, 4, 5, 8, 9, 10, 11, 14, 15, 22, 23, 24, 25, 26, 35, 36 Also including all territory within the limits of the following towns and cities: Colorado Springs, Fountain and Manitou Springs CROWLEY COUNTY Township 20 South, Range 58 West: Section 35 Township 20 South, R.ange 57 West: Sections 34, 35, 36 Township 20 South, Range 56 West: Sections 28, 31, 32, 33, 34 Township 21 South, Range 59 West: Sections 35, 36 Township 21 South, R.ange 58 West: Sections 1, 2, 3, 9 through 16, 20 through 36 Township 21 South, Range 57 West: Sections 1 through 36 Township 21 South, Range 56 West: Section 2 through 33 Township 22 South, Range 59 West: Sections 1 through 6, that part of Sections 7, 8, 9, 10 and 11 lying north of the Arkansas River, 12, that part of Sections 13, 14, 15, 16 and 17 lying north of the Arkansas River. Township 22 South, Range 58 West: Sections 1 through 12, that part of Sections 13, 14, 15, 16, 17, 18 and 24 lying north of the Arkansas River Township 22 South, Range 57 West: Sections 1 through 10, 15 through 18, that part of Sections 19 and 20 lying north of the Arkansas River Also including all territory within the limits of the following towns and cities: Olney Springs, Crowley,' Ordway and Sugar City MM OTERO COUNTY Township 21 South, Range 54 West: Sections 25, 36 Township 22 South, Range 59 West: That part of Sections 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, lying south of Arkansas River, 19 through 36 Township 22 South, Range 58 West: That part of Sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 lying south of the Arkansas River, 25 through 36 Township 22 South, Township 22 South, Range 57 West: That part of Sections 19, 20, and 21 lying south of the Arkansas River, 25 through 36 Township 22 South, Range 56 West: Sections 30 through 36 Township 22 South, Range 55 West: Sections 1, 2, 11 through 14, 23 through 28, 31 through 36 Township 22 South, Range 54 West: Sections 1, 7, 8, 12, 13, 16 through 36 Township 23 South, Range 59 West: Sections 2, 3, 4, 5, 6, 9, 10 Township 23 South, Range 58 West: Sections 1, 2, 12, 13, 24, 25 Township 23 South, Range 57 West: Sections 1 through 30, 34, 35, 36 Township 23 South, Range 56 West: Sections 1 through 36 Township 23 South, Range 55 West: Sections 1 through 36 Township 23 South, R•cnge 54 West: Sections 1 through 24, 27, 28, 29, 30, 31, 32, 33 Township 24 South, Range 57 West: Sections 1, 2, 3, 10 through 15, 22, 23, 24, 26, 27, 34, 35 Township 24 South, Range 56 West: Sections 1 through 19, 23, 24, 25, 26 Township 24 South, Range 55 West: Sections 1 through 30 Township 24 South, Range 54 West: Sections 5, 6, 7, 18 Township 25 South, Range 57 West: Seactions 2, 3 Also including all territory within the limits of the following towns and cities: Fowler, Manzanola, Rocky Ford, Sw - ink, La Junta and Cheraw BENT COUNTY Township 21 South, Range 53 West: Sections 29, 30, 31, 32 Township 21 South, Range 49 West: Sections 35, 36 Township 21 South, Range 48 West: Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22 through 29, 31 through 36 Township 22 South, Range 53 West: Sections 5, 6, 7, 8, 13 through 36 Township 22 South, Range 52 West: Sections 19 through 36 Township 22 South, Range 51 West: Sections 1, 2, 11 through 36 Township 22 South, Range 50 West: Sections 12 through 36 Township 22 South, Range 49 West: Sections 1, 2, 3. 4, 7 through 36 Township 22 South, Range 48 West: Sections 1 through 35 Township 23 South, Range 53 West: Sections 1 through 19, less that land under Las Animas Town Canal Township 23 South, Range 52 West: Sections 1 through 18, 20 through 28, 33, 34,less that land under Las Animas Town Canal Township 23 South, Range 51 West: Sections 1 through 12, 17, 18, 19, 20 Township 23 South, Range 50 West: Sections 1 through 17, 20, 21 Township 23 South, Range 49 West: Sections 2 through 11, 16, 17, 18 In addition to the lands above described, there is hereby included all lands irrigated within the exterior boundaries of the district in Bent County except the lands irrigated by the Las Animas Town Canal or the Amity Canal Also including all territory within the limits of the following towns and cities: Las Animas IPM PROWERS COUNTY Township 21 South, Range 47 West: Sections 11 through 36 Township 21 South, Range 46 West: Sections 4, 5, 7, 8, 9, 15 through 36 Township 21 South, Range 45 West: Sections 19, 20, 29, 30, 31, 32 Township 22 South, Range 47 West: Sections 1 through 24, 30 less that land under Amity Canal Township 22 South, R.ange 46 West: Sections 1 through 19, N 1/2 20, N 112 21, N 1/2 22, less that land under Amity Canal Township 22 South, Range 45 West: Sections 5, 6, 7, 8, 18, less that land under Amity Canal In addition to the lands above described, there is hereby included all lands irrigated by the Ft. Lyon Canal, within the exterior boundaries of the district in Prower [ County. Also including all territory within the limits of the following towns and cities: Wiley KIOWA COUNTY Including all territory within the limits of the following towns and cities: Eads 17. That the said territory above descried should ::c coviRtituted and created a Water Conservancy District under the "Water Conservancy Act" of Colorado under the corporate name of "Southeastern Colorado Water Conservancy District. " WHEREFORE, IT IS BY THE COURT, ORDERED, ADJUDGED, DECLARED AND DECREED: That the territory as above described be and the same hereby is organized, constituted and created a Water Conservancy District. under the "Water Conservancy Act" of Colorado, under the corporate name of "Southeastern Colorado Water Conservancy District, " with its office or principal place of business at Pueblo, in Pueblo County, Colorado. That the Board of Directors of said District shall consist of fifteen directors, and the territory within said District is hereby subdivided into Divisions, with the number of Directors for each subdivision as follows: -10- DIVISION NO. 1: All territory within the District lying in Chaffee County; two Directors. DIVISION NO. 2: All territory within the District lying in Fremont County; two Directors. DIVISION NO. 3: All territory within the District lying in Pueblo County; two Directors. DIVISION NO. 4: All territory within the District lying in El Paso County; two Directors. DIVISION NO. 5: All territory within the District lying in Crowley County; two Directors. DIVISION NO. 6: All territory within the District lying in Otero County; two Directors. DIVISION NO. 7: All territory within the District lying in Bent County; two Directors. DIVISION NO. 8: All territory within the District lying in Prowers and Kiowa Counties; one Director. BY THE COURT -11- IN THE DISTRICT COURT IN AND FOR THE COUNTY OF PUEBLO •» STATE OF COLORADO No. 40487 IN THE 14ATTER OF THE ] SOUTHEASTERN COLORADO WATER J CONSERVANCY DISTRICT ] Division A Ii I t J JUDGMENT AND DECREE The above captioned cause coming on to be heard this 13th day of December, 1979, upon petition of the Board of Directors of the Southeastern Colorado WAter Conservancy District and joined in by the cities of Colorado Springs and Fountain, and the water districts of Security, Stratmore Hills and Widefield Homes Water Company, a Colorado corporation, who appeared by their respective attorneys, and by St. Charles Mesa Water Association, Pueblo West Metropolitan District and Avondale Water and Sanitation District, who appeared by their respec- tive attorneys and special water counsel, and filed their Answer herein and a Counterclaim on behalf of Pueblo West Metropolitan District and a Reply and Answer to said Counterclaim having been filed on behalf of the petitioners, and the parties all :having executed and filed herein two Stipulations, one between petitioners and respondent, St. Charles Mesa Water Association and Avondale Water and Sanitation District, and a second Stipulation between the petitioners and Pueblo West Metropol- itan District, both of which are hereby approved by the Court, and no other motions or pleadings having been filed prior to the date fixed for said hearing, and no other person or entity having appeared, the default of all such non - appearing owners of property or interested parties is hereby noted. A L' r N i The Court has considered the stipulation between the petitioner and Pueblo West Metropolitan District and entered its order herein severing said Counterclaim from the issues presented by the Petition herein to permit a final judgment to be entered on said . Petition, and having heard the testimony introduced by the Applicants and considered the exhibits admitted herein, and taking judicial notice of the exhibits and testimony introduced in the 1975 Confirmation Hearing in this proceeding and now being fully advised; THE COURT DOTH FIND: 1. That the Court has jurisdiction of the parties and the subject matter of said petition. 2. That the statutes of the State of Colorado provide that any petition filed under the provisions of 37 -45 -143 shall be taken as confessed by all persons who fail to appear. 3. That even though hearing on the Petition was widely publicized no one appeared except St. Charles !Mesa Water Association, Avondale Water and Sanitation District and the Pueblo West Metropolitan District, and said parties entered into a stipulation consenting to the approval of the allocation principles set forth in a certain resolution adopted by the Board of Directors of the Southeastern Colorado Water Conservancy District on the 29th day of November, 1979. 4. That this is a confirmation proceeding under Sec. 37 -45 -143, CRS 1973; that notice of the filing of the Petition was given by the Clerk of the Court under seal thereof, stating in brief the contents of the Petition and where a full copy of the pertinent documents therein mentioned could be examined. Said notice was served by publication in each county within the boundaries of the Southeastern Colorado Water Conservancy District, and by mailing to each entity that has requested -2- f t' rweter from the District, and said notice was likewise given by posting I the same in the office of the District at least thirty (30) days prior to the date fixed in said notice for said hearing, all as required by law with Proof of Publication, mailing, and posting filed herein. 5. That said Petition requests a determination and confirmation by the Court: A. That the water allocation resolution adopted by the Board of Directors of the Southeastern Colorado Water Conservancy District on April 5, 1979, as amended April 19, 1979, and as further amended, is regular and valid and in accordance with law applicable thereto, and that the same shall govern the allocation of water to any and all entities and individuals within the boundaries of the District who may hereafter seek water for any and all purposes. B. That all lands included within the corporate limits of the following towns and cities as of this date, or thereafter annexed with the consent of the contracting officer of The United States of America, are to comprise and be a part of said District, to wit: CHAFFEE COUNTY: Salida, Buena Vista, Poncha Springs FREMONT COUNTY: Canon City, South Canon City, East Canon City, Florence, Penrose, Portland PUEBLO COUNTY: Pueblo EL PASO COUNTY: Colorado Springs, Fountain, Manitou Springs CROWLEY COUNTY: Olney Springs, Crowley, Ordway, Sugar City OTERO COUNTY: Fowler, Manzanola, Rocky Ford, Swink, La Junta, Cheraw tv BENT COUNTY: Las Animas PROWERS COUNTY: Wiley, Lamar (Annexed to District after formation) KIOWA COUNTY: Eads -3- r •» C. That the amended repayment contract between The United i States of America and the Southeastern Colorado Water Conservancy District dated August 31, 1976, attached to the Petition filed herein as Exhibit 4, be confirmed. D. That the Contract between The United States and the Southeastern Colorado Water Conservancy District for Conveyance Ser- vice from the Fountain Valley Conduit, being Contract No. 9- 07 -70 -W 0315 dated July 10, 1979, being Exhibit 5 attached to the Petition herein be confirmed. E. That the Establishing Contract of the Fountain Valley Authority executed by the City of Colorado Springs, Colorado; City of Fountain, Colorado; the Security Water District and the Stratmoor Hills Water District dated the 10th day of July, 1979, being Exhibit 6 attached to the Petition, be confirmed. F. That the subcontract between the Southeastern Colorado Water Conservancy District and the Fountain Valley Authority; the City of Colorado Springs; the City of Fountain; the Security [dater District; the Stratmoor Hills Water District, and the Widefield Homes Water Company for conveyance service from the Fountain Valley Conduit dated July 10, 1979, being Exhibit 7 attached to the Petition herein, be confirmed. 6. The Southeastern Colorado Water Conservancy District (herein- after called "the District ") is a quasi - municipal corporation organ- ized by a decree of this Court entered April 29, 1958, and since April 29, 1958, has been and now is a valid water conservancy district acting by and through its duly qualified Board of Directors under the Water Conservancy Act, Chapter 266 of the Session Laws of 1937, and • -4- r amendments thereto (CRS 1973, Sec. 37 -45 -101 to 152). The cities are municipal corporations existing under the laws of the State of Colorado. The water districts of Security and Stratmoor Hills are quasi- municipal entities existing under the laws of the State of. Colorado. That the Widefield Homes Water Company is a Colorado corpor- ation operating as a water utility subject to the regulatory juris- diction of the Colorado Public Utilities Commission. 7. The Fryingpan- Arkansas Project is a federal reclamation project authorized by Public Law 87 -590, 87th Congress, H.R. 2206, on August 16, 1962, and subsequent amendments, which said Project is to be opera- ted under the direction of the Secretary of the Interior in accordance with said Acts and the Operating Principles adopted by the State of Colorado on December 9, 1960, and reproduced in House Document 130, 87th Congress, a copy of which said house document is attached as Exhibit 2 to the Petition filed herein. 8. Public Law 87 -590 of the 87th Congress, signed by the President on August 16, 1962, in Paragraph (c) thereof provides: (c) No part of the single purpose municipal and industrial water supply works involved in the Fryingpan- Arkansas project shall be constructed by the Secretary in the absence of evidence satisfactory to him that it would be infeasible for the communities involved to con- struct the works themselves, singly or jointly. In the event it is determined that these works, or any of them, are to be constructed by the Secretary, a contract provi- ding, among other things, for payment of the actual cost hereof, with interest as hereinafter provided, as rapidly as is consistent with the contracting parties' ability to pay, but in any event within fifty years from the time the works are first available for the delivery of water, and for assumption by the contracting parties of the care, operation, maintenance, and replacement of the works shall be a condition precedent to construction thereof. 9. That on the 29th day of November, 1979, the Board of Directors of the Southeastern Colorado Water Conservancy District adopted a -5- c ' 'i?esolution which among other things provided: I "There is hereby allocated for the useful life of the Project a minimum of annual Project water supply to municipal and domestic use ", and "This allocation of water for municipal and domestic purposes is made on the express condition that there will not be any decrease in the 51% allocated to municipal and domestic use and any increase in muni- cipal and domestic allocations shall only occur if agricultural irrigated acreage, on which Project water has been used, is removed from irrigation in which event the amount of Project water previously allocated to such acreage shall be allocated to other non - irrigation uses. " That based upon the testimony presented, 49% of available Project water has been allotted to and used for irrigation purposes. That the Operating Principles adopted by the State of Colorado on December 9, 1960, and reproduced in House Document 130, 87th Congress, Section 13, provides: "The Project will be operated in such a manner that those in Eastern Colorado using Project water imported from the Colorado River Basin for domestic purposes shall have preference over those claiming or using water for any other purpose." That a certain contract, No. 14 -06- 700 -4715, dated January 21, 1965, as amended on August 31, 1976, provides, in Section 6 (b) : "The District shall equitably distribute the Project water supply available for irrigation and municipal purposes. Such distribution shall be in accordance with the Fryingpan - Arkansas Project Operating Principles adopted by the State of Colorado on December 9, 1960, and reproduced in House Document 130, 87th Congress." That the foregoing provision is not entirely consistent with Section 13 of the Operating Principles; such inconsistency should, however, be resolved in such a manner that equitable and fair consider- ation be given to both domestic users and irrigation users, and thereby under the provisions of said Section 6(b) the proposed allocation as MM X , .» contained in the amended resolution dated the 29th of November, 1979, is not improper and is hereby confirmed as required by CRS 37 -45 -143. 10. The District acting by its Board of Directors has all the rights, powers and privileges provided by the Water Conservancy . District Law. 11. The construction of the Fountain Valley Pipeline and water treatment plant by the City of Colorado Springs, the City of Fountain, the Security Water District, the Stratmoor Hills Water District and the Widef ield Homes Water Company entails an expenditure in excess of Fifty Million Dollars. That the Fountain Valley Pipeline and treatment Plant have been sized to transmit and treat the water allocated to such entities pursuant to the resolution of the Board of Directors of the Southeastern Colorado Water Conservancy District, Exhibit 1 attached to the Petition herein, and such supply or fixed minimum allocation for the life of the project is necessary and required to sell the bonds to finance the cost of construction of the water treatment plant which must be constructed and financed by the entities themselves and not as a part of the Fryingpan- Arkansas Project. 12. Since the creation of said water conservancy district in April 1958, there have been annexed to the named cities and towns described in the decree organizing said District various acreages, subdivisions, tracts, and lots. All lands included within the corporate limits of the cities and towns named herein as of the date of this decree are a part of and comprise portions of said District. All areas hereafter annexed to said cities and towns with the consent of the contracting officer of The United States of America constitute "municipalities" and are a part of said District and may participate in the municipal water allocation provided by the District. -7- r .» 13. In addition to said named entities there are water companies, r water associations, water districts, mutual companies, joint enter- prises, planned water developments, incorporated or unincorporated entities, towns and cities located wholly within said District's boundaries; including without limitation, unincorporated areas such as Widefield, Security and Stratmoor Hills, all of which may partici- pate in the municipal water allocation on the terms and conditions as- stated in said allocation resolution by the District. 14. There has annually been levied on all lands within the District since its creation a general tax of 4 /10th of 1 mil, and all of said annexations to said cities and towns and all lands within said various entities have paid annually said tax in order to participate in the allocation of municipal water by means of their respective entities. 15. To implement said allocation resolution and to provide for the construction, maintenance and operation of said Valley Pipeline, said District and The United States have executed a contract which provides for the construction, maintenance and operation of said pipe- line. A copy of said contract is attached to the Petition as Exhibit 5. The obligation of said District under said contract is to collect from the entities named therein and to remit to The United States all suns so collected, which said sums will be sufficient to repay to the United tates the cost of said Fountain Valley Pipeline. 16. To finance the construction, maintenance, and operation of an appropriate water treatment plant for the treatment of all waters conveyed by said Fountain Valley Pipleline, the municipal entities of Colorado Springs and Fountain and the water districts of Security and Stratmoor Hills, and the Widefield Homes Water Company, A Colorado corporation, have joined in a cooperative contract creating the Fountain -8- c' Valley Authority, which Authority will issue sufficient revenue bonds . N irr such amounts as may be required to construct said water treatment plant. A copy of said contract is attached to the Petition as Exhibit 6. 17. The said District, the Fountain Valley Authority, the Cities of Colorado Springs and Fountain, and the water districts of Security and Stratmoor Hills have negotiated, and each entity thereof has been authorized by its respective authority to enter into the contract (Exhibit 7) whereby said District sells raw water to said Authority and said Authority in turn delivers to said respective entities treated potable water for municipal purposes, at times and in amounts sufficient to repay the cost of said Fountain Valley Pipeline, the purchase of raw water from said District, and the redumption or payment in full of all of said bonds issued by said Authority. 18. That the city councils and boards of directors of the respec- tive entities have all approved the execution of the various contracts sought to be confirmed herein. IT IS THEREFORE ORDERED ADJUDGED AND DECREED: 1. That the water allocation resolution adopted by the Board of Directors of the Southeastern Colorado Water Conservancy District on April 5, 1979, as amended April 19, 1979, and as further amended the 29th day of November, 1979, marked Exhibit 8 herein, be and the same is hereby confirmed. 2. That all lands included within the corporate limits of the cities described in Paragraph 4 of these findings as of this date or thereafter annexed thereto with the consent of the contracting officer of The United States comprise and are part of the Southeastern Colorado Water Conservancy District. -9- J IL Ic 3. That the amended repayment contract of August 31, 1976, ..N being Exhibit 4 attached to the Petition, be and the same is hereby confirmed. 4. That the contract between The United States and the South- eastern Colorado Water Conservancy District for conveyance service from the Fountain Valley Conduit be and is hereby confirmed. 5. That petitioner's request to confirm the Establishing Contract of the Fountain Valley Authority be and is hereby denied, the Court having no jurisdiction to so confirm. 6. That the subcontract between the Southeastern Colorado Water Conservancy District and the Fountain Valley Authority, the City of Colorado Springs, the City of Fountain, the Security Water District, the Stratmoor Hills Water District, and the Widefield Homes Water Company for conveyance service from the Fountain Valley Conduit be and the same is hereby confirmed. ENTERED this day of December, 1979, A. D. BY THE COURT: Matt J. Kikel' District Judge XC: Charles J. Beise, Esq. Paul J. Gerdes, Esq. Frederick T. Henry, Esq. Louis Johnson, Esq. M. Stephen Kautz, Esq. John Dickson, Esq. Patti F. O'Rourke Robert F. T. Krassa, Esq. • -1n-