HomeMy WebLinkAboutbocc.res.056.2011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO,
RATIFYING THE ABANDONMENT OF CONDITIONAL
WATER RIGHTS ON SMUGGLER MOUNTAIN
RESOLUTION NO. Olt -2011
1. The County, together with the City of Aspen, acquired conditional water rights on
Smuggler Mountain through an acquisition of properties owned by George Wilkinson and
his related corporations in December of 2005.
2. In a recent diligence review of those water rights, it was discovered that they are
subject to several limitations and restrictions arising from diligence and decrees entered
prior to their acquisition by the County and the City that affect the ability to use the water
rights as anticipated for open space and trails purposes.
3. These limitations and restrictions include but are not limited to direct diversion
flow and volume limitations, use limitations on storage, limitations on residential,
agricultural pasture and orchard irrigation, and include substantial and burdensome
monitoring requirements.
4. These limitations and restrictions preclude any development of the water rights
and therefore eliminate their value to the County, rendering the legal costs of continued
due diligence to retain them unjustified.
5. As a result, the County desires to abandon the conditional water rights on
Smuggler Mountain and the City of Aspen agrees with that position.
6. The Board of County Commissioners has determined that it is in the best interest
of the citizens of Pitkin County to ratify the abandonment of these water rights.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Pitkin County, Colorado that: it hereby ratifies the abandonment of the
conditional water rights on Smuggler Mountain acquired in collaboration with the City of
Aspen in December of 2005.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE
8 11; DAY OF JUNE 2011.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE 12 DAY OF JUNE 2011.
PUBLIC HEARING AND SECOND READING ON THE 22 " DAY OF JUNE 2011.
PUBLISHE AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE."
DAY OF 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
4 ' Gr., B
Je. tte Jones Racheds, Chairwom..
Del, ty Clerk & Rec' der /
Date: (q - 2-2' ;oar
APPROVED AS TO FORM: MANAGER APPROVAL:
John Ely, County Attorney Jon Pe. o , County Manager
G--
2