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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 • 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 • • 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 0 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. •