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City Council Agenda and Packet 1985 07 02
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City Council Agenda and Packet 1985 07 02
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City Council Records
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City Council Packet
Signed Date
7/2/1985
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CCAGPKT 1985 07 02
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s yes • • • • . .r. <br /> • <br /> MANS CS LOUISVILLE- <br /> MUNITION Steve Williamson, City Water Attorney, <br /> Council with regard to the settlement •. 4 <br /> suit between the City of Louisville and 'the Cit? • <br /> of Lafayette. A stipulation was signed on gene , <br /> 13, 1905, and the outcome was very favorable for . <br /> the City of Louisville. <br /> The Cif of Lafayette received some decrees. in., <br /> 1979 approving miscellaneous changes of water <br /> rights on agricultural rights it had acquired over <br /> the years. The City of Louisville was not a <br /> participant in the transfer proceedings. <br /> subsequently, the City learned in 1951 that the <br /> decrees were being interpreted and administered by <br /> the Water Commissioner in a way that the City felt <br /> to be improper and injurious to Louisville's water <br /> rights principally with respect to diversion frail <br /> South Boulder Creek in the winter season. <br /> Discussions went on with Lafayette for many sonths <br /> and in August of 1952 the City of Louisville was <br /> faced with a 3 year statute of limitations on <br /> filing formal proceedings and filed a petition to <br /> have the court review. Subsequent to the time <br /> that petition was filed, Williamson withdrew from <br /> the case and the firm of Rill and Robbins of <br /> Denver was retained as Counsel for the City of <br /> Louisville. <br /> Several offers and counter offers were made and <br /> rejected over the years and finally last week the <br /> case went to trial and at noon on Wednesday, the <br /> judge made certain oral rulings based on the <br /> evidence he had received to that point in time and <br /> immediately thereafter, Lafayette requested a <br /> continuance and the balance of that day was spent <br /> in negotiations. <br /> A settlement agreement was reached among the <br /> counsel who were in Greeley at the time. It was <br /> outlined to the judge on the record. It was <br /> discussed with Bundley and Williamson, and Noel <br /> Robbs the following morning then put in writing <br /> and approved by everyone and filed on Thursday . <br /> with the Water Judge in Greeley. The settlement <br /> is very close to what the City of Louisville <br /> offered several years previously. ssse tially the <br /> stipulation provides a modification to .:ds decrees <br /> that were entered into in 1979. The Water Judge <br /> will ieoorpvsate additional terms and oonditioas <br /> that restriict Lafayette's diversions from South <br /> Boulder Creek during the winter season. These <br /> terns and conditions are designed to protect <br /> 3 <br />
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