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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. J (-J v~ 4 I. ATTEST:' TOWN COUNCIL TOFF AVON, COLORADO ~xa (ft V vV Ronald C. Wolfe, Mayor J7G.C~ f-,)C 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 Cy exH/41t 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