HomeMy WebLinkAbout1972-073-07/13/1972-AUTHORIZING THE TRANSFER OF CERTAIN WATER RIGHTS TO THE NORTH POUDRE IRRIGATION COMPANY PURSUANT TO RESOLTUION 72 73
OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE
TRANSFER OF CERTAIN WATER RIGHTS TO THE NORTH POUDRE IRRI
GATION COMPANY PURSUANT TO AGREEMENT BETWEEN THE CITY AND
SAID COMPANY DATED FEBRUARY 18 1971
WHEREAS heretofore on February 18 1971 the City of Fort Collins
entered into an agreement with the North Poudre Irrigation Company providing
for the exchange of certain water rights and
WHEREAS the said North Poudre Irrigation Company has conveyed to the
City water rights commonly referred to as the Michigan Ditch System and the Joe
Wright Reservoir and
WHEREAS on account of said transfer and pursuant to said agreement
the City is obligated to transfer to The North Poudre Irrigation Company water
rights equalling 3355 acre feet and
WHEREAS the City has acquired a water right commonly known as the
Josh Ames Water Right being Priority No 25 originally awarded in Water Dis
tract No 3 in Irrigation Division No 1 of the State of Colorado of date of
October 1 1867 for 15 cubic feet of water per second of time which was acquired
by the City with the intent that the same be transferred to the North Poudre
Irrigation Company in partial satisfaction of the obligation of the City to
said Company and
WHEREAS the City is the owner of shares of capital stock in the follow
ing mutual irrigation companies to wit The Arthur Irrigation Company The
Larimer County Canal No 2 Irrigating Ditch Company and The New Mercer Ditch
Company which shares of stock represent water rights which are not in their
present form usable by the City of Fort Collins and
WHEREAS the City has obtained a Decree approving a Plan for Augmenta
tion which was entered by the District Court in and for Water Division No 1 in
the State of Colorado in Case No W 1424 which changes the point of diversion
for the water rights referred to above to a location suitable to the North Poudre
Irrigation Company and
WHEREAS it is now necessary and desirable to transfer to the North
Poudre Irrigation Company the water rights above referred to in partial
satisfaction of the obligation of the City under the agreement of February 18
1971
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS
1 That the transfer from the City of Fort Collins to the North
Poudre Irrigation Company by deed of Priority No 25 originally awarded in
Water District No 3 and Irrigation Division No 1 of the State of Colorado
of date of October 1 1867 for 15 cubic feet of water per second of time is
hereby authorized and approved said transfer to result in a credit of 1729
acre feet toward the obligation of the City to said Company under the agreement
of February 18 1971
2 The transfer by assignment of the following shares of capital
stock representing water rights to-wit
114 9917 shares of the capital stock of the Arthur Irrigation
Company
8 8236 shares of the capital stock of the New Mercer Ditch Com-
pany and
7 7084 shares of the capital stock of the Larimer County Canal
No 2 Irrigating Ditch Company
to the North Poudre Irrigation Company is hereby authorized and approved said
transfer to result in a credit of 1195 acre feet toward the obligation of the
City to said Company under the agreement of February 18 1971
3 The Mayor and City Clerk be and they hereby are authorized and
directed to execute such documents as may be necessary to accomplish the trans
fers approved above
Passed and adopted at a regular meeting of the City Council held this
13th day of July A D 1972
mayor
ATTEST
,Zlty Clerk