The URL can be used to link to this page

Home My WebLink Aboutpublicatoin.date.11082009 - Admin4247948 PROOF OF PUBLICATION STATE OF COLORADO, COUNTY OF PITKIN I, Jenna Weatherred, do solemnly swear that I am a Publisher of the ASPFN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/8/2009 and that the last publication of said notice was in the issue of said newspaper dated 11/8/2009. In witness whereof, I have here unto set my hand this llth day of November, 2009. Jenna Weatherre blish Subscribed and sworn to before me, a notary public in and for the Counry of Garfield, State of Colorado this llth day of November, 2009. f 6 �► Mary E. B rkenhagen, Notary Public My Commission expires: August 27, 2011 � °�� . , � �:- <a. 6 �` �'� 5 •.� F ,1�r.}� t t, r� �i+�:��-;a�t. tl`V ° t i a ` „ `"� � n r ; 5, i^5N _ .r",.F'^�" ,. Pitkin County Finance(Legal) �:�:a �.:�"' ' 1 .� 6'Y��!A.r �i�1�7[qn.. —.r,.... vi��!LUII PUBIIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWiNG MATTERS OF IN- TEREST pEGARDING 7HE PtTKIN COUNTY BOARD OF COUNTY COMMISSIONERS: ' Unless otherv✓ise notifled all regular and speciai meetings will be held in the Boartl of County Commissioners, Plaza One Conference Room, 530 E Main St, Aspen ' All regutar meetfng kems begin at 12:00 p.m., or as soon thereafter as the conduct of b�siness allows. Check agenda at httn:llwww.asnenniUdn.com for meeting times for special meetings a ca11920-5200 ' Copies of the fuil text ot any resoiution(s) and ordinance(s) referred to are available during regular business hours (8:30-4:30 in the Clerk and Recorder's oHice, 530 East Main re0t, Suke 101, Aspen, Colorado 81611 NOTICEAF PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS ON WEDNESDAY NOVEMBER 18 2009 AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COIOfiADO AUTHORIZING PITKIN COUNTV TO ENTER INTO A REVOCABLE TRUST AGREEMENT WITH THE COLORADO WATER CONSERVATION BOARD AS TRUSTEE FOR THE PURPOSE OF AUGMENTING MINIMUM STREAM FLOWS IN THE ROARING FORK BASIN AND TO EXECUTE SUCH FUR- THER INSTRUMEN7S AS SHALL BE NECES- SARY T0 VEST THE TRUSTEE WITH FULL AUTHORITY TO MANAGE THE TRUST ESTATE ORDINANCE # _ 2009 t. Pitkin County has acquired many real property interests over time that have br0ught to the County water rights associated and appurtenant to the real property. These water rights require a concentrat�on ot manpower and mamtenance for which Pitkin County tices not have� coupled with potentialincreases or atleesY�. constan[ diversions from our streams and rivers into other basins which increases the prospect for continued decline in the health of our rivers and� their associate0 riparian habRat. 3. As this overall river ecology is threatened, the health of aur recreation and tourism� econamies is also jeopardized. 4. As a consequence of these tactors, there has been a continued and growing desire by Pitkin �, County to position some of the Counry's water rights in an instream flow protection effort that would benefR the health of our rivers as well as acll to protect our recreation and tourism economies. 5. Some of the County's water rights were'i acquired through the Open Space and Trails progrem with restricted funds antl may not be � converted or sold without voter approval and some � waler rights were acquired through the Airport Enterprise Fund, pursuant to fhe Taxpayers' Bill of Rights (TABOR) and musf be managed in a manner consistent with the nature af such �. eMerprise. 6. The CWCB is a Colorado administrative agency Mat was created by statute in 1937 for the purpose of aiding in ihe protection and development of the waters of ihe state of Colorado. Pursuant to Colorado law it has exclusive authority to hold insheam flows in Me state of Cobrado. 7. Pitkin County has determinetf that the best approach to the issue of enhancing minimum stream flow protection is through a cooperative effort with the Colorado Water ConservaUon Board (CWCB). B. House Bill OS-1280 signed into law on April 21, 2Q08, specifically recognizes the ability of individuals lo lease, loan a donate water rights to [he CWCB for minimum stream tlow purposes and tor the CWCB to use those water rights pursuant to amendments to C.R,S. §§ 37-92-102(3), 37-92-103(2) and 37-92305(3). 9. This legislation coupled with a trust agreement which allows Pitkin County the abflity to adtl different water rights to the agreement trom time to time� as wel� as withdraw certein water rigMs from time to time or even revoke the trust in its entireiy, preserves for the Counry its underlying ownership of the water rights, avoids any legai difficulties m the administration of these water rights for minimum aVeam tlow purposes and more importantly allows these water nghts to.be applied to a more productrve and beneficial use for the community as a whole, mainly improved river ecology and a more stable basis for our recreation and tourism ecorromies. 10. The BOCC finda that adoption of this . ordinance is neceasary for the immediate � preservation of the public health, satety and ; weHare of the citizens of Pftkin County and ' therefore declares this ardinance and legisfation to ; be effective immediately pursuant to Pitkin County �' Home Rule Charter Secfion 2.82. 11. The terms ot the agreement are set forth, and the Chair (or Chair's designee) shall be , authorized ta sign a revocable trust agreement in ��. , substantially the form approved by the County �. Atlorney and such further insiruments as shall be �. necessary to vest the CW BC as Trustee with full � authority to manage the trust. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pltkin County, Coloredo that the Chair or Chair' designee is auMOrized to execute a revacaWe trust agreement ' with the Colorado Water Conservation Board for ` the purpose oi augmenting minimum stream flows `� in the Roaring Fork basin in substantially the form ' approved by the County Attorney and to execute such fuAher instruments as shall be necessary to vest the CWCB as Trustee with full authority to manage the trust estate. INTRODUCED AND ADOPTED ON THE 28TH DAY OF OCTOBER 2009 AND SET FOR CONFIRMATOF;Y READING AND PUBLIC � HEARING ON THE 18TH DAY OF NOVEMBER I 2009. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE BTH DAY OF NOVEMBER 2009. Jeanette Jones, Depury County Cledc Published in theAspen Times Weekly on , Novertiber 8, 2009. (4247948] .�,�_I _ r Tue, Nov 03, 2009 4247948 14CCt: 1013902 Phone: �970)920-5223 E-Mail: Client: Caller: Jeanette Jones _Receipt _ 10:51:36 Ad Ticket #5 �� EL � � , PdiKIN C(�U�VTY �INANCE 1�am�: Pitkin County Finance(Legal) Address: 530 E Main ST 2nd FI Ad Name: 4247948A Editions: 8ATI/8ATW/ Start: 11/08/09 Color: Copyiine: 4247948 atw PO#100 11.08.09 Lines: Depth: Columns: Discount: Commission: N et: Tax: Tntal Payment 146 12.18 1 0.00 a.00 0.00 0.00 0.00 Clty' Aspen State CO Zip: 81611 Original ld: 0 Class: 0990 Stop: 11 /08/09 ISSU@ � Rep: Mary Borkenhagen �b�:� �� .w.4�F3,;-.: ��;;-��:; �.�.� „„ W::��::::� � �w`��.£:� `:;:M�; �;�.�:� ��zu� , - �-��: Ad shown is not actual print size