HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2004 - SECOND READING OF ORDINANCE NO. 021, 2004, AUTHORI ITEM NUMBER: 12
AGENDA ITEM SUMMARY DATE: February 17, 2004
FORT COLLINS CITY COUNCIL STAFF: Dennis Bode
SUBJECT
Second Reading of Ordinance No. 021, 2004, Authorizing the Mayor and the City Clerk to
Apply and Contract for Beneficial Use of Water on Behalf of the City of Fort Collins, and
Prescribing the Terms for Application for an Allocation of the Right to Use Colorado-Big
Thompson Project Water to the City by Northern Colorado Water Conservancy District.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance, which was unanimously adopted on First Reading on February 3, 2004,
authorizes the City to apply for and obtain the perpetual right to use 150 acre-foot units of
Colorado-Big Thompson Project water held by the City. These units are currently held under
temporary use permits with the Northern Colorado Water Conservancy District.
ORDINANCE NO. 021, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR AND THE CITY CLERK TO APPLY
AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF
OF THE CITY OF FORT COLLINS, AND PRESCRIBING THE TERMS
FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE
COLORADO-BIG THOMPSON PROJECT WATER TO THE CITY
BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, under the Water Conservancy Act of Colorado, Title 37, Article 45,
Colorado Revised Statutes of 1973, it is necessary that the City Council of the City of Fort
Collins, a Colorado municipal corporation (hereinafter called "Applicant'), in order to obtain the
perpetual right to use Colorado-Big Thompson Project water on an annually renewable basis
under C.R.S. 37-45-131 within the boundaries of the Northern Colorado Water Conservancy
District, by contract for the beneficial use of water from Northern Colorado Water Conservancy
District, shall by ordinance authorize and direct the Mayor and City Clerk to apply to the Board
of Directors of said District for such water contract.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS, as follows:
Section 1. That the City of Fort Collins has determined to apply for a contract providing
for the beneficial use of One Hundred Fifty (150) acre-feet of water from Northern Colorado
Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy
District.
Section 2. That the Mayor and City Clerk are hereby authorized and directed to apply to
the Board of Directors of said Northern Colorado Water Conservancy District for a contract
providing to the Applicant the beneficial use of water upon terms prescribed by said Board in the
manner and form attached hereto as Exhibit "A" and incorporated herein by this reference.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
February, A.D. 2004, and to be presented for final passage on the 17th day of February, A.D.
2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 17th day of February, A.D. 2004.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 22
AGENDA ITEM SUMMARY DATE: February 3, 2004
FORT COLLINS CITY COUNCIL STAFF: Dennis Bode
SUBJECT
First Reading of Ordinance No. 021, 2004, Authorizing the Mayor and the City Clerk to Apply
and Contract for Beneficial Use of Water on Behalf of the City of Fort Collins, and Prescribing
the Terms for Application for ajytlrl of nro;the§ight to`, se lorado-Big Thompson Project
Water to the City by Norther olorado� ater f�An,�ervani c V✓ t.
t'h
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
'ThThis ordinance is needed to aCity
or and obta t e eta1 rt to use 150 acre-foot units of
Colorado-Big Thompson Proater field I t y. TR,6se units are currently held under
temporary use permits with the Northern"bolo doVater Conservancy District.
BACKGROUND
The City owns 18,855 acre-foot units of Colorado-Big Thompson water which are held under
permanent contracts or temporary use permits with the Northern Colorado Water Conservancy
District. The Northern Colorado Water Conservancy District requires that all Colorado-Big
Thompson units held under temporary . its,on>pecenber 31 of any year be converted to
use under permanent contracts. Asmof them.edd of=^the";year, the City had 150 units of
Colorado-Big Thompson water held uripr tenborpuse permits that must now be converted to
what is referred to as a permanent-Sect%n-41T1 contract. This conversion is accomplished by
adopting an ordinance conforming to the standard form of ordinance provided by Northern
Colorado Water Conservancy District, and approved as to form by the City Attorney's Office.
Adoption by City Council will authorize the Mayor and City Clerk to apply for the permanent
contract.
The temporary use permits for the 150 units will be cancelled through a standard Northern
Colorado Water Conservancy District application to be approved by the City Manager. The
transfer of these Colorado-Big Thompson units to permanent contracts will have no effect on the
City's ownership and use of the water or the cost of assessments on these units, but will convert
these shares into perpetual rights.