06-08-2010 Agreement Case No. 05CW262 Town of Minturn changes to Water RightsSETTLEMENT AGREEMENT
TOWN OF AVON OPPOSITION TO CASE NO. 05CW262
(TOWN OF MINTURN APPLICATION FOR CHANGES OF WATER RIGHTS)
AND CASE NO. 05CW263
(TOWN OF MINTURN'S APPLICATION FOR NEW GROUNDWATER RIGHTS)
The parties to this agreement are the Town of Minturn ( "Minturn") and opposers,
Ginn Battle South, LLC; Ginn Battle North, LLC; Ginn Battle One, Ltd., LLLP; Ginn -LA Battle
One A, LLC (together "Battle Mountain Entities ") and the Town of Avon ( "Avon ").
WHEREAS, Minturn and the Battle Mountain Entities entered into settlement
agreements with Arrowhead Metropolitan District and various other opposers in Case Nos.
05CW262 and 05CW263 (collectively the "Cases "), which settlement agreements were dated
May 6, 2010 and provide for the inclusion of certain terms and conditions in judgments and
decrees to be proposed by those parties in the Cases;
WHEREAS, the parties to this settlement agreement have agreed to resolve
Avon's opposition in the Cases on terms substantially the same as those contained in the May 6,
2010 settlement agreements subject to certain clarifications contained in this settlement
agreement.
NOW THEREFORE, the parties hereby stipulate and agree as follows:
1. The terms of the May 6, 2010 settlement agreements in Case Nos.
05CW262 and 05CW263 among Minturn, Battle Mountain Entities and Arrowhead Metropolitan
District, et al. in the Cases, copies of which are attached hereto as Exhibits A and B, respectively,
are hereby adopted and incorporated as terms of agreement among Minturn, the Battle Mountain
Entities and Avon, subject to the additions or clarifications set forth in this settlement agreement.
Pursuant to this Agreement, Avon shall have all the rights and obligations that are common to all
of the "Objectors" who were signatory parties to the May 6, 2010 settlement agreements in the
Cases. In the event of any conflict or discrepancy between the terms of this settlement
agreement and any term of the May 6, 2010 settlement agreements, this settlement agreement
shall control as between Avon on the one hand and Minturn and Battle Mountain Entities on the
other.
a. The reference to "wastewater" in the last sentence of said
paragraph 7 of the May 6, 2010 settlement agreement for Case No.
05CW262 was not intended to provide credit for municipal
effluent returns at the regional wastewater treatment plant at Avon,
which currently treats Minturn's municipal wastewater, to reduce
any obligation of Minturn to provide augmentation water to a
calling water right located upstream of said point of effluent
discharge.
2. Minturn shall prepare proposed decrees in the Cases incorporating the
terms and conditions required by this settlement agreement and otherwise consistent with the
applications in those Cases. The parties will enter a subsequent stipulation consenting to entry of
said proposed decrees. Avon shall not participate in trial or further proceedings in the Cases
except to assure that any decree proposed by Minturn and adopted by the Court is consistent with
this settlement agreement.
Dated as of this 8 4 ' k day of �, , 2010.
TOWN OF MINTURN
BATTLE MOUNTAIN ENTITIES
By:
Battle South, LL ormerly known as Ginn Battle South, LLC), Battle North, LLC (formerly
known as Ginn Ba le North, LLC); Battle One Developer, LLLP (formerly known as Ginn -LA
Battle One, Ltd., LLLP); Battle One A Developer, LLC (formerly known as Ginn -LA Battle One
A, LLC)
TOWN OF UON
By:
4824787_2.DOC
2
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
LAW OFFICES
1002 WALNUT STREET, SUITE 300
JAMES R. MONTGOMERY
BOULDER, COLORADO 80302
CHARLES N. WOODRUFF
TIMOTHY J. BEATON
(1941 -1996)
RICHARD J. MEHREN
TELEPHONE: (303) 443 -8782
FAX: (303) 443 -8796
COUNSEL
www.mwliw.com
RAPHAELJ. MOSES
JOHN WITTEMYER
AARON S. LADD
ADDRESS CORRESPONDENCE TO:
DAVID L. HARRISON
CAROLYN R. STEFFL
P. 0. BOX 1440
WILLIAM M. STENZEL
BOULDER, CO 80306 -1440
KATHRYN L. WILLIAMS -SHUCK
June 29, 2010
Justin Hildreth, Engineer
Town of Avon
P.O. Box 975
Avon, CO 81620
Re: Case Nos. 05CW262 and 05CW263 (Town of Minturn)
Dear Justin:
Enclosed are four originals of the Settlement Agreement in these cases of the
Town of Minturn. They have already been signed by representatives of the Town of Minturn
and the Battle Mountain Entities. As we discussed, please arrange for signature by the Mayor of
Avon, keep one original for your records and return the other three to us for distribution to
Minturn and Battle Mountain.
Thank you.
Sincerely,
MOSES, WITTEMYER, HARRISON AND
WOODRUFF, P.C.
William M. Sten
WMS:rlo
Enclosures
Town of Avon
TO: William M. Stenzel, Moses, Wittemyer, Harrison & Woodruff, P.C.
FROM: Patty McKenny, Assistant Town Manager (pmckenny @avon.org)
RE: Case Nos. 05CW262 and 05CW263 (Town of Minturn)
DATE 7/12/2010
Please find enclosed the three (3) original settlement agreements for the Minturn case.
Thank you for your time.
Town Clerk
ITO
PO Box 975
N
One Lake Street
Avon, CO 81620
rt ; 1)
970 -748 -4035
fax 970- 949 -9139
TO: William M. Stenzel, Moses, Wittemyer, Harrison & Woodruff, P.C.
FROM: Patty McKenny, Assistant Town Manager (pmckenny @avon.org)
RE: Case Nos. 05CW262 and 05CW263 (Town of Minturn)
DATE 7/12/2010
Please find enclosed the three (3) original settlement agreements for the Minturn case.
Thank you for your time.