TC Res. No. 2007-03 AUTHORIZING THE FILING OF STATEMENT OF OPPOSITIONTOWN OF AVON, COLORADO
RESOLUTION NO. 07-03
Series of 2007
A RESOLUTION AUTHORIZING THE FILING OF STATEMENT OF OPPOSITION
TO WATER RIGHTS APPLICATION 06CW264 FILED WITH THE WATER COURT
FOR WATER DIVISION NO.5
WHEREAS, Water Rights Application No. 06-CW264 was filed with the Water Court for
Water Division No. 5 in December 2006; 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 this case; and
WHEREAS, this statement is not necessarily hostile to the applicant; and
WHEREAS, filing of this statement will afford Avon an opportunity to remain informed about
the progress of the case and to have a place at the table in the event of negotiations among
Applicant and other objectors.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, hereby authorizes the filing of a statement of opposition to Water Rights
Application 06CW264 with the Water Court for Water Division No. 5.
ADOPTED THIS 13 DAY OF cR &C4-P- , 2007.
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ATTEST:'
TOWN COUNCIL
TOFF AVON, COLORADO
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Ronald C. Wolfe, Mayor
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Patty cK nny
Town\Clerk
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Front: Norman Wood, Town Engineer
Date: February 8, 2007
Re: Resolution No. 07-03, Series of 2007, A Resolution Authorizing the Filing of
a Statement of Opposition to Water Rights Application 06CW264 Filed with
the Water Court for Water Division 5
Summary,: The Ginn Battle South, Ginn Battle North, Ginn-LA Battle One, Ginn
New Battle One and Ginn Development Co. (Ginn) filed a water rights application with the
Water Court for Water Division No. 5. This water rights application as described by. Gary
Greer, our water attorney, "is a comprehensive application for 8 new direct flow rights
ranging from 5 to 50 cfs on the Eagle, Cross Creek and other tributaries and 8 new storage
rights and a 100 AF enlargement of Bolts Lake". New storage amounts claimed total 1627
AF. Gary also consulted with Leonard Rice Engineers, the Town's water engineers with
respect to the application. Based on their review they have recommended that the Town of
Avon file a statement of opposition in this case. This statement is not necessarily hostile to
the applicant but will afford Avon an opportunity to remain informed about the progress of
the.case and to have a place at the table in the event of negotiations among Ginn and other
objectors.
Resolution No. 07-03 (Exhibit l) authorizes the filing of this statement of opposition and is
recommended.for approval.
Recommendation: Approve Resolution No. 07-03, Series of 2007, A Resolution
Authorizing the Filing of Statement of Opposition to Water Rights Application 06CW264
Filed with the Water Court Division No. 5.
Proposed Motion: 1 move to approve Resolution No. 07-03, Series of 2007, A
Resolution Authorizing the Filing of Statement of Opposition to Water Rights Application
06CW264 Filed with the Water Court Division No. 5.
1AEneineering\Water\Water Rights\Miscellaneous\Res 07-03 Menio.Doc
Town Manager Comments:
Attachments:
Exhibit 1: Resolution No. 07-03.
I:\En6neerine\Water\Water Riehts\Miscellaneous\Res 07-03 Memo.Doc*
Page 2
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TOWN OF AVON
RESOLUTION NO. 07-03
Series of 2007
A RESOLUTION AUTHORIZING THE FILING OF STATEMENT OF OPPOSITION
TO WATER RIGHTS APPLICATION 06CW264 FILED WITH THE WATER COURT
FOR WATER DIVISION NO. '5
WHEREAS, Water Rights Application No. 06-CW264 was filed with the Water Court for
Water Division No. 5 in December 2006; 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 this case; and
WHEREAS, this statement is not necessarily hostile to the applicant; and
WHEREAS, filing of this statement will afford Avon an opportunity to remain informed about
the progress of the case and to have a place at the table in the event of negotiations among
Aapplicant and other objectors.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, hereby authorizes the filing of a statement of opposition to Water Rights
Application 06CW264 with the Water Court for Water Division No. 5..
ADOPTED THIS DAY OF , 2007.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny
Town Clerk
L\Engineering\Water\Water Rights\Miscellaneous\Res 07-03 Ginn Water.doc