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Home My WebLink Aboutbocc.res.162.2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN WATER COURT APPLICATION TO APPROPRIATE A RECREATIONAL IN- CHANNEL DIVERSION WATER RIGHT RESOLUTION NO. f -2010 1. The Piktin County Board of County Commissioners ("BOCC") has been interested for the past three years in developing and improving a river park on the Roaring Fork River above the confluence of the Fryingpan River. 2. The BOCC engaged consultants to evaluate and design a water park near the Town of Basalt on the Roaring Fork River. 3. The BOCC has also asked its staff and consultants to investigate the appropriation of a Recreational In- Channel Diversion water right for the water park. 4. The BOCC's staff and consultants recommend that the Board of County Commissioners file an application for a Recreational In- Channel Diversion water right with a peak flow not to exceed 2,000 cfs. 5. The BOCC has discussed these recommendations and has determined that it is in the best interest of the citizens of Pitkin County to file an application to adjudicate a Recreational In- Channel Diversion water right. NOW, THEREFORE, BE IT RESOLVED that the BOCC hereby authorizes and directs its staff, consultants, and attorneys to file a water court application to adjudicate a Recreational In- Channel Diversion water right not to exceed 2,000 cfs, with an appropriation date of July 13, 2007. BE IT FURTHER RESOLVED that that the Pitkin BOCC directs its staff and consultants to post appropriate notices as necessary to give further notice of its intent to appropriate this water right. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 'ff %t. // L By t- Je. 4 Jones / George Ne an, C air ty Clerk & Recsrder Date: J din A) APPROVED AS TO FORM: MANAGER ' ROVAL: c- -- )e John o • s ttorney Phyli .ttice, ActingCounty Manager 1 , i w y .. a .... .� EFILED Document DISTRICT COURT, WATER DIVISION NO. 5, g Date: Dec 30 2010 "° c' "" tit .11) > Filing Date: Dec 3U 2UtU 3:59PM MS "/' COLORADO Filing ID: 35131615 Review Clerk: Kathy_ Nall 109 - 8 Street, Suite 104 Glenwood Springs, CO 81601 -3361 (970) 947 -3861 CONCERNING THE APPLICATION FOR WATER • COURT USE ONLY AL RIGHTS OF BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Case Number: 10CW 305 IN PITKIN COUNTY Timothy J. Beaton, #10403 Aaron S. Ladd, #41165 Moses, Wittemyer, Harrison and Woodruff, P.C. P. O. Box 1440 Boulder, Colorado 80306 -1440 Telephone: (303) 443 -8782 Facsimile: (303) 443 -8796 tbeaton(;mwhw.com; aladd(a;lnwhw.com APPLICATION FOR SURFACE WATER RIGHT APPROPRIATIONS FOR RECREATIONAL IN- CHANNEL DIVERSION 1. Name, address and telephone number of applicants: Board of County Commissioners of Pitkin County c/o John M. Ely, Pitkin County Attorney 530 East Main Street, Third Floor Aspen, Colorado 81611 (970) 920-5190 2. Introduction: This application seeks two conditional recreational in- channel diversion ( "RICD ") water right appropriations for the Pitkin County River Park Project, which consists of two in- channel diversion and control structures that divert, capture, possess, and/or control the flow of the Roaring Fork River in its natural course to create reasonable recreation experiences in and on the water for all non - motorized boating and related recreational uses as described more fully below. Board of County Commissioners of Pitkin County, Colorado Case No. 10CW30.5 Page 2 3. Name of structures: The Pitkin County River Park Project is comprised of two control structure units: (1) the Pitkin County River Park Project Upper Control Structures ( "Upper Structure Unit ") and (2) the Pitkin County River Park Project Lower Control Structures ( "Lower Structure Unit'). 4. Description of conditional water right appropriations: A. Location of structures: The Pitkin County River Park Project will be located on the Roaring Fork River downstream of the Highway 82 Upper Bypass Bridge, upstream of the confluence of the Fryingpan and Roaring Fork Rivers, within the channel of the Roaring Fork River in Sections 17 and 18, Township 8 South, Range 86 West of the 6` P.M., Pitkin County, Colorado. The Pitkin County River Park Project will consist of two structure units within the Roaring Fork River. This application seeks two RICD water right appropriations, one for each of the two structure units, each of which will, by design, control, concentrate and direct the stream flows between the upper and lower extent of that structure units, independent of the other structure units, for the beneficial uses described below. A map depicting the upstream and downstream extent of the Pitkin County River Park Project, within which both structure units will be constructed, is attached as Exhibit A. Each of the two structure units will be constructed in the channel of the Roaring Fork River between the following two points: i. The Pitkin County River Park Project Upstream Extent will be located in the SW'% of the NW% of Section 17, Township 8 South, Range 86 West, 6 P.M., Pitkin County, Colorado, at a point 320 feet from the west section line and 1480 feet from the north section line of said. Section 17. i. The Pitkin County River Park Project Downstream Extent will be located in the NE'% of the NE% of Section 18, Township 8 South, Range 86 West, 6 P.M., Pitkin County, Colorado, at a point 265 feet from the east section line and 560 feet from the north section line of said Section 18. The precise location of the two structure units and related water right appropriations, upon construction, may be located within this stretch of the Roaring Fork River. Provided that the structure unit locations remain within the stream reach described above, the actual locations will be described in the decree entered herein, identified by upper and lower control structures for each of the two structure units, or, if such decree is entered before construction of any or all of the structures, in subsequent applications for diligence or to make absolute the water rights claimed herein. Board of County Commissioners of Pitkin County, Colorado Case No. 10CW 305 Page 3 B. Source: Roaring Fork River, tributary to the Colorado River. C. Appropriation: i. Date of appropriation: July 13, 2007. ii. How appropriation was initiated: Engineering, field work, planning, considerations and decisions of the Board of County Commissioners, and posting notice of the appropriations. iii. Date water first applied to beneficial use: Not applicable. D. Amounts claimed: Applicant claims two RICD water right appropriations for the following time periods and amounts, CONDITIONAL, as follows: i. Upstream Structure Units: Between April 1 and Labor Day of each year, this RICD water right appropriation will not exceed 1,500 cfs. ii. Downstream Structure Units: Between April 1 and Labor Day of each year, this RICD water right appropriation will not exceed 2,000 cfs. iii. Pitkin County hereby reserves the right to refine time periods and flow rates associated with either or both of the RICD water right appropriations claimed in this application. The RICD water right appropriations will not extend beyond the time periods listed above nor exceed the flow rates listed above for each RICD water right appropriations. Because any refinement in time periods and flow rates would constitute a reduction in the claims, the above constitutes notice to all interested parties. iv. The above amounts are claimed as conditional. However, Pitkin County reserves the right to seek these amounts as absolute to the extent that the Pitkin County River Park Project or individual Structure units are constructed and flows are placed to beneficial use prior to the date of entry of a decree in this case. E. Beneficial use: Recreational uses including all beneficial uses associated with RICD water rights as permitted under Colorado Law as may be later changed or amended, including but not limited to non - motorized boating including kayaking, canoeing, rafting, tubing, floating, and paddling. Board of County Commissioners of Pitkin County, Colorado Case No. 10CW 305 Page 4 5. Name and address of owner of land upon which anv new diversion structure or modification to any existing diversion structure is or will be constructed: Town of Basalt Tom Smith, County Attorney 600 E. Hopkins Aspen, CO 81611 970 -925 -2600 Torn Kinney, Town of Basalt Water Rights Counsel 201 Main Street #301 Carbondale, CO 81623-2216 970 -963 -3900 Fredrick S. Arbaney Trust Josephine Arbaney, Trustee 252 Cottonwood Drive Basalt, CO 81621 Applicant c/o John M. Ely, Pitkin County Attorney 530 East Main Street, Third Floor Aspen, Colorado 81611 (970) 920-5190 WHEREFORE, Applicants respectfully request this Court enter a decree granting the two conditional recreational in- channel diversion water right appropriations claimed in this application for the Pitkin County River Park and granting such other relief as may be appropriate. Board of County Commissioners of Pitkin County, Colorado Case No. 10CW 305: Page 5 Respectfully submitted this 30th day of December, 2010. MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. 1 J • Timothy J. B 0403 Aaron S. Ladd, #41165 A"T"TORNEYS FOR APPLICANT, BOARD OF COUNTY COMMISSIONERS OF PITICIN COUNTY, COLORADO E -FILED PURSUANT TO C.R. C.P. 121 Duly signed original on file at the law offices of Moses, Wittemyer, Harrison and Woodruff P.C. DEC -30 -2010 15:23 GLENWOOD INSURANCE 9709450788 P.002 Board of County Commissioners of Pitkin County, Colorado Case No. 10CW 305 Page 6 VERIFICATION STATE OF COLORADO ) Ga ---(• , ) ss. COUNTY OF-PITIffN ) James F. Pearce, being first duly sworn upon oath, deposes and says that he is the water rights consultant, for applicant herein, that he has read the foregoing Application for Surface Water Right Appropriations for Recreational In- Channel Diversion, knows the contents thereof, and that the same is true to the best of his knowledge and belief. Jail, F. Pearce SUBSCRIBED AND SWORN to before me this 30 day of December, 2010. Witness my hand and official seal. My Commission Expires My conunission expires: 05/16/2014 y \ \VRIN . . • ... C r / : 9 p . o Notary Public i .4:Z0 I r � (< " g4 IC ygO..013`Dp_ 43 53000r N, 43 ggouum N. 6000om N W '► ijq 11 L"jj• 1l r ', I rF` �` .� a �/ cn < r �€ 'U m '„1f y � Y a 4 k - ti b C 5 m 7 / � / ti a / rn it o . 1 I 666 = ,a l lli f J t i�i / . /S {/} � : SID i y�, e ar �yi T k ' ff i , 1 ': . „ ,22..??. ' j � i �.: ` I it V e�v , %, . 1 i t ai Z / ) �ti2 j / p VA O ( tit J / 7 I \ I? „ 9 �" , • V $ f ✓41,1 J./1111 o O i�, ! 9 P� q 'U' . :i Y \ � t 3 � , ', i ZI a r C f � ' 1LT.*" �C � r 1 � Oi it $ I',i j r / { e �9p r L i 1 lc; v �, "'} 1 •r 7 -' v im ' 4 � r . 'I III v Ns I— l • ., r ,s J I r 43 55000m N. 43 59000m N 436000om N Granicus Deployment Tracker - Pitkin Page 1 of 3 granicus. Pitkin Deployment - OpenPlatform / GovermentTransparency /MobileEncoder Live Project Tracker About I Knowledge Base I Support Resources I Feedback! Kickoff Call Agenda Granicus Project Manager: Alyarn Marronuin Overall Project Progress: 19.38% Client Project Lead: Nancy fie Project Start Date: 01/03/2011 Project Target Completion Date: 02/08/2011 Project Days Remaining: 21.0 ® Current Milestone: Hardware Ordered Project Status: On Schedule S.. Project Milestones Current Milestone Name Milestone Owner Help Target Date Completed? Milestone Technical Review Call Scheduled Granicus & Client More Info 01/03/2011 ✓ Technical Review CMLCOmpleted Granicus More Info 01/03/2011 ✓ K'eko C Ia Scheme. Granicus & Client More 01/06/2011 J KlckoffCall Completed Granicus More info 01/06/2011 1 Hardware Ordered Granicus More info 01/03/2011 X bardwareinstelfation Client Mor_nInfo 01/28/2011 X Software Installation Granicus More Info 01/31/2011 X Project Validation Granicus More Info 02/01/2011 Begin Training Dote Client More Info 02/07/2011 X Training Completed Date Client More info 03/03/2011 X Go live Completed Client More Info 02/08/2011 X Transitionto CMStomerCate Granicus More info X Training Dates Online Training Session Training Date Onsite Training Session Training Date Needs Analysis Call Onsite Session 1 03/03/2011 New Client Tutorial 02/02/2011 Onsite Session 2 Online Session 1 02/07/2011 Onsite Session 3 Online Session 2 02/16/2011 Onslte Session 4 Online Session 3 Onsite Session 5 Online Session 4 Onsite Session 6 Online Session 5 Online Session 6 http: / /granicus.force.com !deployments ?id= a11300O0000xpR6 1/18/2011 • Granicus Deployment Tracker - Pitkin Page 2 of 3 Milestone Review Back to 1'op Hardware Installation Milestone Review Target Date: 01/28/2011 Milestone Completion: 0.0% Days Remaining: 10 More Info on this Milestone Case Subject Status Due Date Provide Clients with Install Information New 01/28/2011 Back to Top Software Installation Milestone Review Target Date: 01/31/2011 Milestone Completion: 12.5% Days Remaining: 13 More Info on this Milestone Case Subject Status Due Date New CUSTOMIZED Client Integration - Pitkin Awaiting Client 01/17/2011 Validation Please create and validate agenda and parser - Pitkin New 02/02/2011 Configure and Validate MediaManager Installation New 01/31/2011 Create GADS Build for Meeting Server / MediaVault / StreamRepllcator New 01/31/2011 Install and Validate Open Platform Software New 01/31/2011 Install and Validate LiveManager Software Standard New 01/31/2011 Create Parser and AgendaTemplate(s) - Pitkin New 01/31/2011 Back to lot Project Validation Milestone Review Target Date: 02/01/2011 Milestone Completion: 0.0% Days Remaining: 14 More Info on this Milestone Case Subject Status Due Date Project Validation Checklist New 02/01/2011 Back to Top Begin Training Date Milestone Review Target Date: 02/07/2011 Milestone Completion: 0.0% Days Remaining: 20 More Info on this Milestone Case Subject Status Due Date Onsite Training - MoblleEncoder New 03/03/2011 Back to Top Training Completed Date Milestone Review Target Date: 03/03/2011 http: / /granicus. force. com /deployments ?id= a1130000000xpR6 1/18/2011 Granicus Deployment Tracker - Pitkin Page 3 of 3 Back to Tap Go Live Completed Milestone Review Target Date: 02 /08/2011 Milestone Completion: D.0% Days Remaining: 21 More Info on this Milestone Case Subject Status Due Date Verify Public Access to View Pages New 02/08/2011 Enable Podcasts and Add Client to Crones Library New 01/28/2011 Project Team Members and Contact Information Granicus Contacts Role Name Phone Number Granicus Project Manager Alvaro (415) 357 -3618 x1144 Deployment Technician Alvaro Marroquin (415) 357- 3618 x1144 Web Designer Brian Brown (415) 357 -3618 x1565 Training Specialist Rebecca. Cleary (415) 357 -3618 x1137 Sales Executive Ed Burrell x1724 Account Manager Support Engineer x Pitkin Contacts Role Name Phone Number Client Project Lead Nanty Pearce (970) 429 -1758 Client Technical Lead Ann Mare Prince (970) 920 -5180 Client IT Technician 1 John Sobleralski (970) 429 -1756 Client IT Technician 2 Client AV Lead Client Webmaster Client Primary User 1 Client Primary User 2 Client Primary User 3 About the Deployment Tracker System http: / /granicus. force. com /deployments ?id= a1130000000xpR6 1/18/2011