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NOTICE OF PUBLIC
<br />RtNG
<br />ORDINANCE No. ISM, SERIES 2021.
<br />AN OROINANCE APPROVINGThE TRANSFER OF CITY -OWNED WA
<br />TER RIGHTS IN THE NEW COAL RIDGE DITCH COMPANY AND AP-
<br />PROVING AN AGREEMENT IN CONNECTION THEREWITH
<br />INTRODUCED. READ. PASSED ON FIRST READING, AND ORDERED
<br />PUBLISHED this 16th day of February, 202L
<br />Ashley St0lzmann. Mayor
<br />ATTEST;
<br />Meredyth Muth, City Clerk
<br />APPROVED AS TO FORM:
<br />Kelly, P.C.
<br />City Attorney
<br />PASSED AND ADOPTED ON SECOND AND FINAL READING this 2nd
<br />day of March, 2021. WITH THE FOLLOWING CHANGES.
<br />Ordinance No. 1804 Series 2021 Is revised to read as follows
<br />(proposed amendments are shown in bold underline and
<br />bald strikeout):
<br />WHEREAS. the City of Louisville ("City") operates and awns a mu-
<br />nicipal water Supply and sewer system: and
<br />WHEREAS, the Crty's water supply includes a prOwrtionate share of
<br />water entitlements of the New Coal Ridge Ditch Company (the
<br />"Diteh Company"), a mutual ditch and reservoir company organized
<br />pursuant to § 7.42-101. et seq.. C.R.S.; and
<br />WHEREAS, the Ditch Company's system includes direct flow water
<br />rights and water associate wwt, shares in various ditch cempanles
<br />oonn nd South Boulder Creek and storage rights in Baselne Reservoir:
<br />WHEREAS, the Ditch Company Ditch Company �o Consolidated
<br />Lower Haulier Reservoir and
<br />wbkh also provides for a proportional interest to the allotment con-
<br />tract between Consolidated and the Northern Colorado Water Con-
<br />servancy District ("NCWCD") for use of Colorado -Big Thoommppson
<br />Project units (the "EMT units') as supplemental irrlgahma suppryr of
<br />land within NCWCD and served by the Ditch Company: and
<br />WHEREAS, the entitlements to all of which the available water in
<br />the ortch Can/Parry's system are divided proportionally among the
<br />and Company's shareholders:
<br />WHEREAS, the City owns 227 shares (10,73r%) of the 2,116 shares of
<br />capital stock issued and outstanding in the Ditch Company (herein
<br />after referred to as the "Water Stoceks'); and
<br />WHEREAS, thwe r aie0 nie kin represents
<br />he ouch C the onspattiity's s )ylt 7m;andeMltl£-
<br />meht to the water av
<br />WHEREAS, by decree entered in Case N0 806W451, Water Division
<br />No, 1 .(the "Water Court % the City changed the type, and
<br />Manner of use of the water rights represented by the Water Mock
<br />from irrigation to all mankipal puposes and irrigation (the ..'Ile -
<br />MO; and
<br />WHEREAS, at the time of the Water Comes entry of the Decree, the
<br />water rights represented by the Water Stock included the City's 10.
<br />7346 entttkernent to the Ditch Company's direct ffoiv water priorities
<br />(the "Direct Flaw Water'), the City's 10.73% entitlement to the store
<br />age rights attributable t0 the Ditch Company's Interest in the Base-
<br />line Reservoir system (the "Storage Water Rights'), Io9ether with a
<br />units; pot i share of irrigation water assodated with the COT
<br />WHEREAS, by decree entered in Case N0. 80CW4S1, Water Division
<br />No. 1 (the ' Water Court"), the City changed the type, place, and
<br />manner of use of the water rights represented by the Water Stock
<br />for the Direct flow Water and Storage Water Rights from irrigation
<br />to all municipal purposes and Irrigation (the "Decree"); and
<br />WHEREAS...ursuant to the terms and conditions set forth in the De-
<br />cree, the City's proportionate sham of the changed Direct Flow Wa-
<br />ter authorizes it to divert up to 319 acre-feet per yearof fully can-
<br />sumabie water available to the Ditch Company. and a yieldfromthe
<br />Storage Water Rights equivalent to 16.12 shares in the Baseline
<br />Reservoir system; and
<br />WHEREAS, the Ditch Companysein 1996,which resulted
<br />in the base Line Land & Rervoir Company issuing new shares of
<br />stock to the City for any the Water St Nubia
<br />py
<br />diated�witr the Water Stock. and cau tlteWVater Stockk to ow
<br />represent only the proportional entitlement to Ditch Company's
<br />ava ableDirecd Flour Water, and
<br />WHEREAS, CK N20 Ventures ("CK Ventures") desires to purchase
<br />the Water Stock an thereby acquire the right to use the propor-
<br />tional share of Direct Flow Water and supplemental irrigation sup-
<br />ply from the CST units attributable to the Water Stock: and
<br />WHEREAS, while the Direct Flow Water associated with the Water
<br />Stock represents up to 319 acre-feet per year of fully consumable
<br />water, the City's operational constraints greatly pandit the annual
<br />water supply availahlee to the City from the Direct Flow Waterasso-
<br />ciated earn attrtbutableto the Water Stock: and
<br />WHEREAS, restrictions on the CBI units for use only as supri-
<br />tal &ligation supply of land within NCWCD and
<br />gserved by the Ditch
<br />Cto nest iny theCOST remits ads from
<br />the Water Stothe ck Into the
<br />City'3 water supply system; and
<br />WHEREAS, additionally. as consideration for the water rights CK
<br />Ventures seeks to acquire CK ventures has offered the City a pipe-
<br />line easement that may allow far the City's operation of other water
<br />rights of higher value; and
<br />share WHEREAS.
<br />Flows Water the CiIs tywilling tohsdgation supply from
<br />the err units attributable to theSkaterStock, brit only if the City
<br />retains ownership In the proportional share of Storage Water Rights
<br />associated with the Water Stock, and Water. Siodt, but only if the
<br />City receives easements from CK Ventures granting the City the
<br />right to use and/or construct facilities to transportcertain water
<br />rights to the Bull Canal and from the Bull Canal to Big Dry Creek
<br />('Easement Rights"); and
<br />WHEREAS there has been proposed an Agreement for Purchase
<br />and Sale of Water Stock "Agreement") setting forth the terms and
<br />conditions for creatingy „t ownership interesgts in Dante r/Mg the
<br />Water Stock to CK Ye res, for CK Ventures to wnn the propor-
<br />tiyoynal share of Direct Flow Water and supplemental Irrigation sanp--
<br />Cityfront the to own the proportional shunits �areeof to Storage Wer WatM Rights as -
<br />Sodden. and for withwith the Water Stock ('Transfer"), and setting forth the
<br />terms and conditions of the Easement Rights: and
<br />WHEREAS, in accordance with Section 4.8(c) of the Charter of the
<br />City of Louisville, the City Council desires to approve the Transfer,
<br />subject to the terms and conditions of the Agreement; and
<br />WHEREAS; the City Council- further desires to approve the Agree-
<br />ment in connection with the Transfer.
<br />NOW. THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE
<br />CITY OF LOUISVILLE, COLORADO:
<br />Section 1. The abpve recitals are hereby incorporated into and
<br />made a part of this Ordinance.
<br />Prairie Mountain Media, LLC
<br />PUBLISHER'S AFFIDAVIT
<br />County of Boulder
<br />State of Colorado
<br />The undersigned, Melissa Najera , being first duly
<br />sworn under oath, states and affirms as follows:
<br />1. He/she is the legal Advertising Reviewer of
<br />Prairie Mountain Media LLC, publisher of the
<br />Daily Camera.
<br />2. The Daily Camera Is a newspaper
<br />of general circulation that has been published
<br />continuously and without Interruption for at (east
<br />fifty-two weeks in Boulder County and
<br />meets the legal requisites for a legal newspaper
<br />under Colo. Rev. Stat. 24-70-103.
<br />3. The notice that is attached hereto is a true copy,
<br />published in the Daily Camera
<br />in Boulder County on the following date(s):
<br />Mar 7, 2021
<br />ubscribed and sworn to me beforenme this
<br />day of Ma 1
<br />(SEAL)
<br />SHAYLA NAJERA
<br />NOTARY PUBLIC
<br />STATE OF COLORADO
<br />NOTARY ID 20174031965
<br />MY COMMISSION EXPIRES JULY 31, 2021
<br />Account:
<br />Ad Number:
<br />Fee:
<br />1048836
<br />1782062
<br />$320.32
<br />1A
<br />Section 2, The Transfer is hereby approved in accordance with
<br />
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