TC Res. No. 2006-09 AUTHORIZING THE FILING OF STATEMENTS OF OPPOSITIONTOWN OF AVON, COLORADO
RESOLUTION NO. 06-09
Series of 2006
A RESOLUTION AUTHORIZING THE FILING OF STATEMENTS OF OPPOSITION
TO WATER RIGHTS APPLICATIONS 05CW262 AND 05CW263 FILED BY THE
TOWN OF MINTURN WITH THE WATER COURT FOR WATER DIVISION NO.5
WHEREAS, The Town of Minturn has filed two water rights applications with the Water Court
for Water Division No. 5 in December 2005, 05CW262 and 05CW263; and
WHEREAS, the Town's water attorney and water engineer have reviewed the applications and
have recommended the Town file a statement of opposition in both cases; and
WHEREAS, these statements are not necessarily hostile to the applicant; and
WHEREAS, filing of these statements will afford Avon an opportunity to remain informed
about the progress of the cases and to have a place at the table in the event of negotiations among
Minturn and other obj ectors.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, hereby authorizes the filing of statements of opposition to Water Rights
Applications 05CW262 and 05CW263 filed by the Town of Minturn with the Water Court for
Water Division No. 5.
ADOPTED THIS DAY OF ~~~ua2 , 2006.
OF A~
L'
ATTEST: .....~c~
TOWN COUNCIL
TOWN OF AVON, COLORADO
id ld C. Wolfe, Mayor
F a3 ~c-
cKenny
To Jerk
I:\Town Clerk\Council\Resolutions\2006\Resolution No. 06-09 Minturn Water.doc
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Memo
To: Honorable Mayor and Town Council
Thru; Larry Brooks, Town Manager
Fromm. Norman Wood, Town EngineerO'4'a/
Date: February 8, 2006
Re: Resolution No. 06-09, Series of 2006, A Resolution Authorizing the Filing of
'Statements of Opposition to Water Rights Applications 05CW262 and -
05CW263 Filed by the Town of Minturn with the Water Court for Water
Division 5
Summary: The Town of Minturn filed two water rights applications-with the Water
Court for Water Division No. 5 in December, 2005. These water rights applications are
described in the attached Memorandum (Exhibit 2) from Gary Greer, Town of Avon water-
attorney. Gary also consulted with Leonard Rice Engineers, the Town's water engineers with
respect to the applications. Based on their review they have recommended that the Town: of
Avon. file statements of opposition in both cases. These statements are not necessarily hostile
to the applicant but will afford Avon an opportunity to remain informed about the progress of
the cases and to have a place'at the table in the event of negotiations among Minturn and other
objectors.
Resolution No. 06-09 (Exhibit 1) authorizes the filing of these statements of opposition and is,
recommended for approval.
Recommendation: Approve..Resolution'No. 06-09, Series of 2006, A Resolution
Authorizing the Filing of Statements of Opposition to Water Rights Applications 05CW262
and 05CW263 Filed by the Town of Minturn with the Water Court Division No. 5.
Proposed Motion: J move to approve -Resolution No. 06-09, Series of 20.06; A
Resolution Authorizing the Filing of Statements of Opposition to Water Rights Applications
05CW262 and 05CW263 Filed by the Town of Mintum with the Water Court Division No. 5.
0
1:\Engineering\Water\Water Rights\Miscellaneous\Res 06-09 Meirio.Doc 1
Town Manager Comments:
N q
Attachments:
Exhibit 1: Resolution No. 06-09
Exhibit 2: Memorandum from GaryGreer Re: Minturn Water Rights Application
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1AEngineering\Water\Water Rights\Miscellaneous\Res 06-09 Memo.Doc• Page 2
• TOWN OF AVON
RESOLUTION NO. 06-09
Series of 2006
A RESOLUTION AUTHORIZING THE FILING OF STATEMENTS OF OPPOSITION
TO WATER RIGHTS APPLICATIONS 05CW262 AND 05CW263 FILED BY THE
TOWN OF MINTURN WITH THE WATER COURT FOR WATER DIVISION NO.5
WHEREAS, The Town of Minturn has filed two water rights applications with the Water Court
for Water Division No. 5 in December 2005, 05CW262 and 05CW263; and
WHEREAS, the Town's water attorney and water engineer have reviewed the applications and
have recommended the Town file a statement of opposition in both cases; and
WHEREAS, these statements are not necessarily hostile to the applicant; and
WHEREAS, filing of these statements will afford Avon an opportunity to remain informed
about the progress of the cases and to have a place at the table in the event of negotiations among
Minturn and other objectors.
• NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, hereby authorizes the filing of statements of opposition to Water Rights
Applications 05CW262 and 05CW263 filed by the Town of Minturn with the Water Court for
Water Division No. 5.
ADOPTED THIS DAY OF , 2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
• Patty McKenny
Town Clerk
I:\ ngineeringMaterMater Rights\Miscellaneous\Res 06-09 Mintum Water.doc
E-,7
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MEMORANDUM
To: Norman Wood
From: Gary Greer
Date: February 6, 2006
Re: Minturn Water Rights Applications
The Town of Minturn,filed two water rights applications with the Water Court for Water
Division No. 5 in December, 2005, 05CW262 and 05CW263. Statements of Opposition may be
filed at any time prior to, the end of February; 2006. We have examined the applications and
have consulted with Leonard Rice Engineers concerning them. It is our recommendation that the
Town of Avon file statements of opposition to both applications.
Case No. 05CW262 involves a request for approval of a' ehange of point of diversion of
the Minturn Water System Ditch, which was originally decreed on June 5, 1916 with an
appropriation date, of April 1, 1912 for 7.0.c.f s. from.Cross Creek. This right also has a decreed •
alternate point of diversion for 1.0 c.f.s. from the Eagle River., Minturn would like to establish
additional alternate points at a number of wells located on either side 'of Cross Creek. 'The
amounts that could be pumped from the wells would be limited to the amounts available from the''
original point of diversion at the Cross Creek headgate., In addition Minturn wants a change of
point of diversion for two existing wells that can pump up. to 0:5 c.f.s. each.
Case No. 05CW263 involves a new ground water appropriation for the Minturn Well
Fields No. 1 and No.2 located alongside Cross Creek and the Eagle River. The amounts claimed
will be a cumulative not-to-exceed number of 2.5 c.fs. An appropriation date of September 6,
2005 is claimed for the well fields. Hence, they would be senior to the Avon RICD. Well water
would have to be used within the Minturn service area.
After consultation with Leonard Rice Engineers we recommend that Avon file a
statement of opposition in both cases. These statements would not necessarily be hostile to the
applicant but would afford Avon an opportunity to remain informed about the progress of the
cases and to have a place at the table in the event of negotiations among Minturn and other
objectors.
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