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-