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RESOLUTION OF, THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO
AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENTS WITH
COLORADO COUNTIES AND MUNICIPALITIES IN CONNECTION WITH MATTERS
RELATING TO WATER DEVELOPMENT ACTIVITIES
RESOLUTION NO. iJ '16-_- 2006
RECITALS
1. WHEREAS, Pitkin County believes that a coordinated approach to the
review of water-related development activities impacting multiple jurisdictions is
necessary to ensure that all costs (including but not limited to environmental impacts)
and benefits of any proposed activity are fully and comprehensively evaluated; and
2. WHEREAS, Pitkin County desires to execute an Intergovernmental
Agreement with Eagle County, Grand County, Gunnison County, Park County and
Summit County (Exhibit A) pursuant to which each jurisdiction will coordinate their
review of applications for permits involving water development activities, where the
impacts associated with such activities cross jurisdictional boundaries; and
3. WHEREAS, Pitkin County desires to pursue a similar Intergovernmental
Agreement with Lake County and the City of Aspen; and
4. WHEREAS, Pitkin County desires to pursue similar Intergovernmental
Agreements with other Colorado counties and municipalities, if warranted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that:
A. The Chair is authorized to execute the Intergovernmental Agreement with
the Counties of Eagle, Grand, Gunnison, Park and Summit, attached hereto as Exhibit
8.
B. Staff is authorized to pursue a similar Intergovernmental Agreement with
Lake County and the City of Aspen for the coordinated review of water development
activities with multi-jurisdictional impacts and to present a draft of any such agreement
to the Board for its review and, upon approval, its execution by the Chair.
C. Staff is authorized to pursue a similar Intergovernmental Agreement with
other counties and/or municipalities, where warranted, for the coordinated review of
water development activities with multi-jurisdictional impacts and to present a draft of
any such agreement to the Board for its review and, upon approval, its execution by the
Chair.
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INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON AUGUST 9,
2006.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
AUGUST 13, 2006.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON AUGUST 23, 2006.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION. IN THE ASPEN
TIMES WEEKLY ON AUGUST 27,2006.
ATTEST:
BOARD OF COUNTY COMMISSIONERS:
By:
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Michael C. Ireland, Chair
By:
Date: $ - 25" , 2006
APPROVED AS TO FORM:
---------------. -. -'.
~/~c- ~ ~
John Ely,~ey
COUNTY MANAGER APPROVAL:
Hilary I teher, County Manager
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INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN
EAGLE COUNTY, GRAND COUNTY, GUNNISON COUNTY, PARK COUNTY,
PITKIN COUNTY AND SUMMIT COUNTY
FOR MATTERS OF STATE INTEREST
This Intergovernmental Agreement (hereinafter referred to as the "IGA") by and
between the County of Eagle, a body politic and corporate of the State of Colorado, the
County of Grand, a body politic and corporate of the State of Colorado, the County of
Gunnison, a body politic and corporate of the State of Colorado, the County of Park, a
body politic and corporate of the State of Colorado, the County of Pitkin, a body politic
and corporate of the State of Colorado and the County of Summit, a body politic and
corporate of the State of Colorado (hereinafter collectively referred to as "the Counties"
and individually as a "County") is made to be effective on this & day of
!'li {;)' ,2006.
WITNESSETH:
WHEREAS, the Counties believe that a coordinated approach to land use
planning is necessary to ensure quality growth and development; and
WHEREAS, impacts of land use activities such as site selection and construction
of major new water and sewage treatment systems; the major extension of domestic water
and sewage treatment systems; efficient utilization of municipal and industrial water
projects; or any large scale water project activities that must be permitted by any County
in accordance with regulations adopted pursuant to H.B. 74-1041 (hereinafter referred to
as "Water Development Activity or Water Development Activities") may cross
jurisdictional boundaries; and
WHEREAS, the Counties have adopted various land use and environmental
regulations that apply to Water Development Activities and areas and/or activities of state
interest within their respective jurisdictions; and
WHEREAS, the Counties desire to cooperate and consider the impacts in all the
Counties resulting from those Water Development Activities addressed by this IGA; and
WHEREAS, pursuant to H.B. 74-1041, as codified in Colorado Revised Statutes
924-65.1-30 I, it is the function of local governments to (i) receive recommendations
from other local governments relating to areas and activities of state interest and (ii) send
recommendations to other local governments relating to areas and activities of state
interest; and
WHEREAS, Colorado Revised Statutes 929-20-105(1) in accordance with 929-1-
201 and Article XXIV, Section 18(2)(a) of the Colorado Constitution, authorizes local
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governments to cooperate or contract with other units of government for the purpose of
planning or regulating the development of land; and
WHEREAS, the Counties desire to cooperate and enter into this IGA in order to
promote a fair and open process for the review of those Water Development Activities
that may be proposed in any County that is a party to this IGA through the joint adoption
of a mutually binding and enforceable agreement.
NOW THEREFORE, in consideration of the above and the mutual covenants and
commitments made herein, the parties agree as follows:
1. DEFINITIONS. The following terms shall have the meanings as set
forth below:
1.1 Affected County. A County that is a party to this IGA and likely to be
affected by a proposed Water Development Activity.
1.2 Jurisdictional Boundaries. The geographic boundaries of each County that
is a party to this IGA.
1.3 Permit. A land use permit, a development permit, or a permit for an area
or activity of state interest pursuant to H.B. 74-1041 required prior to the commencement
of a Water Development Activity.
1.4 Permit Criteria. Those substantive criteria and standards duly adopted in
land use regulations of the Regulatory County that must be satisfied before a Permit can
be granted.
1. 5 Pro; ect Area. The area ofland in the unincorporated area of any County
that is affected by a Water Development Activity.
1.6 Regulatory County. A County that is a party to this IGA with legal
responsibility for issuing a Permit for a Water Development Activity.
2. REFERRAL TO AFFECTED COUNTY. A complete Permit
application for a Water Development Activity within a Project Area of any County shall
be immediately forwarded to any Affected County. To be considered, the Affected
County's response shall be received by the Regulatory County within twenty (20) days of
the date ofreferral.
2.1 If the Affected County's response is timely received by the Regulatory
County, the Regulatory County shall include such response in the administrative record
for the Permit application.
2.2 Any written comments and proposed Permit conditions submitted by an
Affected County and any testimony and evidence presented by an Affected County
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during public hearing(s) shall be considered by the Regulatory County during the Permit
decision process.
2.3 The parties acknowledge that nothing herein shall be interpreted as either
(i) affecting the authority of the Regulatory County to render a decision upon any Permit
application, or (ii) predetermining the outcome of such application proceeding.
2.4 The parties acknowledge that nothing herein shall be interpreted as
limiting or otherwise affecting the authority or jurisdiction of any County to require a
Permit for any Water Development Activity.
3. PERMIT CRITERIA. The parties agrec that a Regulatory County shall
use the Permit Criteria to evaluate the impacts of any Permit application for a Water
Development Activity within its Jurisdictional Boundaries.
4. TERMINATION. The parties agree that any County may terminate this
Intergovernmental Agreement at its option. If at any time during the term of this
Intergovernmental Agreement any County desires to terminate this Intergovernmental
Agreement, the terminating County is required to send written notice of such termination
to the other parties hereto by U.S. Mail at least 30 days prior to the effective date of such
termination.
5. AMENDMENTS. This Intergovernmental Agreement contains the entire
agreement between the parties. Any amendment of this lOA shall take place only upon
approval by resolution adopted by the governing body of each County, after notice and
hearing as may be required by law.
6. MODIFICATION AND WAIVER. No modification or waiver of this
lOA or any covenant, condition or provision contained herein shall be valid unless in
writing and duly executed by all parties.
7. BINDING AGREEMENT. This lOA shall be binding upon the parties
hereto, the respective successors or assigns, and may not be assigned by any County
without the express written consent of the other parties.
8. SEVERABILITY. Ifany portion of this lOA is held by a court in a final,
non-appealable decision to be per se invalid or unenforceable as to either County, the
entire lOA shall be terminated, it being the understanding and intent of both parties that
every portion of the lOA is essential to and not severable from the remainder.
9. AUTHORITY TO ENTER IGA. The signatories to this lOA affirm and
warrant that they are authorized to enter into and execute this lOA, and all necessary
actions, notices, meetings and/or hearings pursuant to any law required to authorize its
execution of this lOA have been made.
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10. NO THIRD PARTY RIGHTS. This IGA does not and shall not be
deemed to confer upon or grant to any third party any right enforceable at law or equity
arising out of any term, covenant, or condition herein or the breach thereof.
II. GOVERNING LAW AND VENUE. This IGA shall be governed by the
laws of Colorado. Venue and jurisdiction for any dispute arising from or out of this
Agreement shall lie with the District Court in and for the Regulatory County.
12. The Board of County Commissioners for each County hereby finds,
determines and declares that this IGA shall be adopted and ratified by a resolution after a
public hearing is held. Said resolution is necessary for the health, safety and welfare of
the citizens of each County.
13. COUNTY REPRESENTATIVES. Referrals made under the terms of
this IGA shall be sent to the County's representatives as follows:
ENTITY:
REPRESENTATIVES:
County of Eagle
Director of Department of Community Development
P.O. Box 179
Eagle, Colorado 81631
County of Grand
Director of Planning
P.O. Box 238
Hot Sulphur Springs, Colorado 80451
County of Gunnison
Director of Planning
200 East Virginia Ave.
Gunnison, Colorado 81230
County of Park
Director of Planning
County of Pitkin
Pitkin County Community Development Department
130 S. Galena St.
Aspen, Colorado 81611
County of Summit
Director of Planning
P.O. Box 5660
Frisco, Colorado
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Name and address changes for a representative shall be made in writing, mailed to the
other representative at the then current address,
THIS INTERGOVERNMENTAL AGREEMENT, made and entered into is to
be effective on the date first set forth above,
ATTEST:
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By: C' ( dt'l '/' ,:
Teak J, Simonton, C erk to the
Board of County Commissioners
ATif I L
By: &k. -..A , . /
Cler to the Board of County CommIssIoners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
, B:O~::"~~,h,^
~:;/h7 t 5/j~,.
COUNTY OF GRAND, STATE OF
COLORADO, By and Through Its
Board of ounty Commissioners
By:
ancr 9
, Chairman
COUNTY OF GUNNISON, STATE
OF COLORADO, By and Through
Its Board. 0
B
JIJttO l'~-t L
COUNTY OF PARK, STATE OF
COLORADO, By and Through Its
Board of County Commissioners
BY:,~o~
J..E-IJI kJ~,e" , Chairman
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ATTEST:
By: ~\Li",,-----,fI~'n~~1'-.- ~f.)t,A~
CI~ t the Boardof ounty Comrhissioners
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COUNTY OF PITKIN, STATE
OF COLORADO, By and Through
Its Board of County ommissioners _
By:
COUNTY OF SUMMIT, STATE
OF COLORADO, By and Through
Its Board of County Commissioners
By:
f~ ~hairman
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