HomeMy WebLinkAboutEAST RIDGE - PDP - 33-98D - CORRESPONDENCE - LEGAL DOCUMENTS7-11-05; 2:35PM;TIENKEN AND HILL LLP ;303+928+0853 # 3/ 3
does not carry a specific storage decree, so long as whatever storage activity does not interfere
with the operation of the Larimer & Weld Irrigation Company or put it at risk Should East
Ridge wish to obtain a more defined storage entitlement, we would have no objection thereto,
again insofar as it would not be something that would be adverse to the interests of the LWIC
shareholders.
The water which your client receives is from a head gate generally north of the property.
LWIC does not operate or control this head gate (as it does all others) pursuant to an old
Supreme Court case that preserved the right to operate this particular head gate to those users
entitled to take water therefrom.
Alan, I hope that this sets out the main important elements of our understanding and
agreement so that it may satisfy the needs of appropriate planning staffs as your client moves
through the process. If we need to discuss any further elements or modify this document, please
do not hesitate to give me a call.
Very truly yours,
MAYO SOMMERMEYER, LLC
4A4D��
Mayo Sommermeyer
MS/jrr
cc: Donn Engel
F
7-11-05; 2:35PM;TIENKEN AND HILL LLP
TIMOTHY J. DO W, MBA, JD
PATRICIA T. DOW, CPA JD, LLM•
MAYO SOMMERMEYER,
LAWYEKLLC** OF COUNSEL
THE Dow LAw FMn LLC
ATTORNEYS AND COUNSELORS AT LAW
P.O. BOX 1578
FORT COLLINS, COLORADO 80522-1578
(970) 08-9900
FAX: (970) 498-9966
E-MAIL: do @&wlawfirm.mm
July 7, 2005
Via Facsimile (303) 926-0853 & U.S. Mail
Alan G. Hill
Tienken & Hill, LLP
726 Front St., Suite B
P.O. Box 550
Louisville, CO 80027
Re: East Ridge PDP
Dear Alan:
;303+926+0853 # 2/ 3
EQdC8 2005
87CLOCK TOWERSQUARE
323 SOUTH COLLEGE AVENUE
FORT COLLINS. COLORADO 80524
• AL40AIA4M0T01XACRCa LAW W N6aaASrA
.-ALW AMMEDTO►UMCE LAWN WYOMMO
The purpose of this letter is to document our agreement and understanding concerning
your client's use of what is generically referred to as "No. 10 water." This is, of course, Larimer
& Weld Irrigation Company decreed water which is being provided to the successors in interest
to those old No. 10 people with whom Ben Eaton contracted back in the 1800's.
Your client is developing approximately 160 acres of property generally located at the
southeast intersection of Vine Drive and Timberline Road and north of what is going to be
International Boulevard. The preliminary landscape plan on this property was reviewed at our
meeting of June 7 and I will incorporate the plan done by Jim Sell Design, being sheet Ll of 9
dated March 29, 2005, into this letter.
Your client proposes to develop a secondary, non -potable water system for the purpose of
irrigating green belt and lawns in the subdivision. It is estimated that there will be between 35-
40 acres of green belt and lawns and a storage pond of approximately 39 acre feet is planned.
It is the position of LWIC that the non -potable use of the water as you propose is
acceptable and comports with the old contractual limitations on the water's use. As you know,
we did a project similar to what you are planning a number of years ago involving the City of
Fort Collins park ground in the Greenbriar development.
It is understood that East Ridge will have available sufficient water to irrigate each acre
of the planned green area to be irrigated, so long as the water is available pursuant to the No. 10
delivery criteria. Larimer & Weld has no objection to the storage pond, even though this water
k