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RESOLUTION NO. 5 <br />SERIES 2024 <br />A RESOLUTION APPROVING TWO APPLICATIONS TO THE NORTHERN <br />COLORADO WATER CONSERVANCY DISTRICT FOR THE CONVERSION OF A <br />TEMPORARY USE PERMIT TO AN ANNUALLY RENEWABLE PERPETUAL WATER <br />CONTRACT FOR THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT <br />WATER <br />WHEREAS, the City of Louisville (the "City") currently holds a Temporary Use Permit <br />through the Northern Colorado Water Conservancy District ("Northern Water") granting the <br />City the right to the acquisition and beneficial use of 40-acre-foot units of Colorado -Big <br />Thompson Project water ("CBT Units") originally purchased by the City from Eldon and <br />Martha Bower Family 1992 Revocable Trust for integration into the City's water supply; and <br />WHEREAS, on January 10, 2003, the Board of Directors of Northern Water approved <br />a policy, pursuant to C.R.S. Section 37-45-131, that replaced its Temporary Use Permit <br />program with a contract approach, and has requested that the City convert its current <br />Temporary Use Permit to an annually renewable perpetual water contract; and <br />WHEREAS, the conversion of the City's Temporary Use Permit to an annually <br />renewable perpetual water contract would allow the City to continue to acquire and use the <br />CBT Units the City has been using under the Temporary Use Permit, without any <br />substantive change to the City's water rights; and <br />WHEREAS, to effect the conversion, Northern Water requires the City's payment of <br />a $500 transfer fee and submission of two applications (the "Applications") for entrance into <br />the annually renewable perpetual water contract, and cancellation of the City's Temporary <br />Use Permit; and <br />WHEREAS, submission of the Applications would require the City to enter into an <br />"Operating Agreement" with Northern Water if and when the Board of Northern Water finds <br />and determines that such an agreement is required by reason of additional or special <br />services requested by the City and provided by Northern Water; and <br />WHEREAS, CBT Units are highly desirable for their easy integration with the City <br />water supply system; and <br />WHEREAS, the City Council desires to approve the Applications and authorize their <br />execution and submission, along with the transfer fee, to Northern Water, such that the City <br />may secure the City's continued right to acquire and use the CBT Units previously <br />authorized under the City's Temporary Use Permit; and <br />WHEREAS, the City Council further desires to authorize the Mayor and certain City <br />staff to do all things necessary on behalf of the City, and to execute and deliver the <br />Resolution No. 5, Series 2024 <br />Page 1 of 2 <br />