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HomeMy WebLinkAboutWater Board - Minutes - 07/19/1966MINUTES OF THE MEETING OF THE WATER. BOARD held July 19, 1966) at 3:30 o'clock p.m, in the Council Chambers. Present: President Ward Fischer, Vice President Frank Ghent, Mayor Harvey Johnson, Secretary John Bartel, Board Members Fred Feit, Oren Moore and Dugan Wilkinson. Also present were City Manager Ton Coffey, Director of Public Works C. Adam Fischer, and Admistrative Assistant John Baudek. The first item of business was the referral from the City Council of the proposed construction of a new approach to Seaman Re- servoir, for the purpose of the State of Colorado Games.. Fish, and Parks Department. The City of Greeley, Colorado, has favored this construction, etc. After some discussion, it was the Water Board's 40 decision to recommend to the City Council that the City of Fort Collins go along with the City of Greeley, Colorado, and the Game, Fish, and Parks Department in constructing a new road on the opposire side of the river from the present road to Seaman Reservoir for a fishing and recreation area; that the present picnic area at the City's filter plant remain as a recreation spot, and that the old bridges (two) be blocked to traffic; that this road be dust -proofed up to and beyond the filter plant; that the City's water lines in this area be under the direct sup- ervision of the City of Fort Collins during construction. J. T. Banner of J. T. Banner and Associates, together with Tom Coffey and C. Adam Fischer gave a very fine resume of the antici- pated expansion of the water system, also that the necessary papers, etc., be compiled to make application for a Federal Grant of approxi- • • mately $1,3001000.00. Mr. Banner, Mr. Coffey, and Mr. Fischer will go to Dallas, Texas, in this regard. The following resolution was read at lengths RESOLUTION OF THE WATER BOARD OF THE CITY OF FORT COLLINS APPROVING THE PLANS AND SPECIFICATIONS FOR THE EXPANSION OF THE WATER SYSTEM OF THE CITY OF FORT COLLINS. WHEREAS, the City Council of the City of Fort Collins has heretofore employed J. T. Banner and Associates to prepare plans and specifications for the expansion of the water system of the City of Fort Collins, and WHEREAS, said plans and specifications include the plans and 4) specifications for the construction of a new water treatment facility and operating storage reservoir for the City of Fort Collins, and WHEREAS, the Water Board of the City of Fort Collins has re- viewed all of the said plans and specifications prepared by J. T. Ban- ner and Associates. NOW THEREFORE, BE IT RESOLVED; 1. That the preliminary Plans and Specifications prepared by J. T. Banner and Associates for the expansion of the water system of the City of Fort Collins, including particularly the preliminary Plans and Specifications for the construction of a new water treatment fac- ility and operating storage reservoir be and the same hereby are ap- proved. 2. Be it further resolved that the Water Board hereby finds • that the said Plans and Specifications are compatible with the com- prehensive plan of the City of Fort Collins. • Passed and adopted at a meeting of the Water Board of the 11 City of Fort Collins held this day of July, 1966. CERTIFICATE The undersigned as Secretary of the Water Board of the City of Fort Collins hereby certifies that the foregoing resolution was duly adopted by the Water Board of the City of Fort Collins at a meet- ing held on the 19th day of July, 1966. Secretary A motion was made by Gwen Moore, seconded by Frank Ghent, that the resolution be adopted. The President put the motion to the members, which was duly carried by the unanimous vote of the members. The secretary presented the following letter, which was read at length: May 24, 1966 City Council City of Fort Collins Fort Collins, Colorado RE: Water Rights on Big Thompson River - Appropriation No. 1 Gentlemen: This office has examined the following abstracts of title: 1. Abstract of title No. 2382 consisting of 64 entries as compiled by the Larimer County Abstract Company and thereafter extended, being last extended by said abstract-,, er to date of December 6, 1965, at 7:00 A.M. This abstract covers the NE4 of Section 27, Township 5 North, Range 68 West of the 6th P.M., except certain tracts conveyed out of said quarter section, and, 2. Abstract of title No. 86634 consisting of 37 entries as compiled by the Larimer County Abstract Company and there- after extended, being last extended by said abstractor to date of January 28, 1966, at 10:33 A.M. This abstract covers the WJNE4 of Section 25, Township 5 North, Range 68 West of the 6th P.M., and, 3. Abstract of title No. 73369 consisting of 76 enties as compiled by the Fort Collins Abstract Company and there- after extended by the Iarimer County Abstract Company to date of January 7, 1963, at 7:00 A.M. This abstract cov- ers the Sd4SE4 of Section 14, SzNW4 and the NW4NE4 and the • West 30 acres of the SW4NE4 of Section 23, all in Township 5 North, Range 68 West of the 6th P.M. We have further checked the records of the Larimer County Abstract Com- pany regarding the lands covered by these abstracts and the water rights which are the subject of this opinion. The purpose of this examination was to determine the status of water rights which are presently owned in connection with the lands above described. It is our understanding that the water rights in question are a part of Appropriation No. 1 on the Big Thompson River. Said ab- stracts disclose a chain of title to portions of Appropriation No. 1 as follows: In James D. Uhlman, Barbara Jean Uhlman, John D. Uhlman and Jennie M. Uhlman, .945 feet of water in the Big Thompson Ditch No. 1 (it would appear that what is meant is .945 cubic feet per second of such water right.) In L. Vernon Rider and Dorothy C. Rider one foot of water under Appropriation No. 1, subject to the terms of a contract with the Consolidated Home Supply Ditch and Reservoir Company; again it would appear that this refers to one cubic foot per second of such right. 0 • In Dan Klein and Elizabeth Klein, 4,125 inches of water to be run at the rate of 55 inches per day from May 1 to July 14 each year and 1300 inches of water to be run after July 14 each year being a portion of a right existing by virtue of a contract between the Consolidated Home Supply Ditch and Reservoir Company and Elizabeth Koenig. • As mentioned above, the abstracts which we examined show a chain of title to the above set forth water rights. However, said abstracts have not been certified for these water rights and it is impossible to obtain an abstract which does certify to these rights. Because of this, no abstract examination can assure that there has not been a portion or all of these water rights deeded out independently of the chain of title to the land. In addition the original decree to this water right which was entered by the District Court of Boulder County has not been recorded in this County and we have not examined this decree. It would appear from the abstract that a 2/14ths interest in the original Appropriation No. 1 was decreed to Martha J. Guard and a 4th interest in such appropriation was decreed to Elizabeth Koenig. This fact should be verified by an examination of the original decree. In addition an investigation should be made through the office of the water commissioner for the Big Thompson River tb determ- ine historically what rights in the river are claimed under the above water rights. Also as noted above, two of the water rights are subject to the terms of a contract with the Consolidated Home Supply Ditch and Reservoir Company. The right now owned by Dan Klein and Elizabeth Klein relates to a contract between such ditch company and Elizabeth Koenig. The abstracted copy of such contract is attached to thiscpinion. The right of L. Vernon Rider and Dorothy C. Rider relates to a contract between such ditch com- pany and William H. Guard. An abstracted copy of this contract is also attached hereto. By these contracts a part of the original Appropriation No. 1 was given to the ditch company, and the remainder retained by the former owner. This portion is available only to July 14 of each year. After such date it appears that the rights in Appropriation No. 1 were given to a ditch company and in exchange storage rights were taken by the former owner. According to the terms of the contract the storage rights can only be used for irrigation uses and there are conditions imposed upon such irrigation uses. Because of the foregoing it would be necessary to negotiate an agree- able arrangement with the Consolidated Home Supply Ditch and Reservoir Com- pany before any use can be made of this portion of these rights. It is also impossible to determine from the abstracts and the materials which we have ex- amined exactly what amount of water is involved. For this reason investig- ation should be made to determine what rights have been recognized under these rights. Such an investigation also should disclose whether it is feas- ible to attempt to change the point of diversion on these rights. According- ly, it is our recommendation that further investigation be undertaken before any contract be entered into with the present owners of these rights. dw Respectfully submitted, CityinA iAtorney�—T • N. B. - The above described water rights are encumbered by the following Deeds of Trusts crater rights of Uhlman, deed of trust recorded in Book 1193 at Page 177 in favor of Hubert A. Appleby and Ethel M Appleby. Water rights of Rider, deed of trust recorded in Book 1313 at Page 225 in favor of Loveland Federal Savings and 'oan Association. Water rights of Klein, deed of trust recorded in Book 1318 at t'age 331 in favor of First 'rational Bank of Loveland. After discussion, it was the unanimous decision to deny any attempt to purchase these water rights on the Big Thompson River - Appropriation No. 1 from L. V. Rider. With nothing more to be brought up at this time, the Board adjourned. Secretary