HomeMy WebLinkAboutResolution-Basalt Water Conservancy Dist.' RESOLUTION
•
WHEREAS, The Basalt Water Conservancy District is
the owner of the decrees for the Basalt Project, including
the Basalt Conduit, the Basalt Penstock and Power Plant, the
Landis Canal Headgates 1, 2 and 3, the Spring Valley Siphon,
and the Stockman's Ditch Extension Headgates 1 and 2; and
WHEREAS, the Colorado River Water Conservation
District is the owner of the Ruedi Reservoir, which facility
has been constructed pursuant to the aUspices of the Bureau
of Reclamation and is in existence at the present time; and
WHEREAS, even though The Basalt Water Conservancy
District full well intends to proceed to construction at the
nearest practical date of the Basalt Project, it nonetheless
believes it has a present duty, if possible, to assist the
citzenry of this area in obtaining adequate legal water
supplies; and
WHEREAS, the District believes that it can obtain
alternate points of diversion to serve most, if not. all, of
the lands contained within said District by use of the
decrees hereinabove described and, in so doing, service.
would be provided to exactly the lands always contemplated -
to be served by said Basalt Project; and
WHEREAS, in so doing, the District would be furthering.
the chances for ultimate construction of the Basalt Project
in providing a short term immediate benefit to its inhabitants;
and
WHEREAS,. the District believes that, in the case
of new developments, it is vital that it not interfere with,
or otherwise prejudice, the prerogative of the respective
county planning departments in implementing land use planning.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Directors of the Basalt Water 'Conservancy District that,
with respect. to the following categories of proposed users
of Project waters as herein contemplated, the District
adopts the following policy for providing water service:
T.
• In the case of new developments, either not yet
proposed or those which have not yet received appropriate
county planning commission /county commissioner approval,
as the case may be, the following will be the policy of the
Board:
(1) The Board will provide the respective county
planners with a letter describing the type of service'
herein contemplated, the availability of water within
the county area, subject to the determination of injury
to any other water user, and that the Board is ready,
willing and able to provide water service. The Board
shall further state that it will follow any procedure
recommended or requested by the appropriate county
planning department for consideration of the applicability
of its supply to. any proposed development,, all to
insure" that the county planning process remains unaffected
by the Board's plans to provide water•supplies as •
herein contemplated.
(2) The amount of water granted to any particular
area must' be appropriate and reasonably necessary
considering the size, density, and other level of
.demand for the proposed development.
11.
In the case of land owners nqt currently planning
a development:
(1) The Board would provide' them such water
supplies as they might reasonably expect to place to
beneficial use for the purpose requested, with the
clear understanding that all physical facilities necessary -
for the delivery and /or the use of the water shall be
constructed by and at the expense of the water user.
(2) Water will be provided to land owners not
.currently planning a development only with the expectation
that should they propose any change in use, the Board
reserves the absolute right to revoke the contract,
Subject, however, to the previsions of the foregoing
Section I hereinabove.
(3) Ownership of the water hereunder may not be
conveyed separately and apart from the land without the
prior written approval of the Board.
In the case of existing municipalities within the
District the Board will provide them such water supplies as
herein contemplated as they may request, keeping in mind the
' requirements for the remainder of the District.
IV.
In the case of existing developments not within
any municipal boundaries, or not currently receiving service
!from existing municipalities within the District and those
developments already approved by the county. planning commission,/
Board of County Commissioners, as the case may be, the Board
will provide them water service as contemplated hereunder in
an amount appropriate to the size and demands of the development,
;,keeping in mind the requirements of the remainder of the
District.
BE IT FURTHER RESOLVED that the Board retains the
right to amend this its policy statement at any time and
that any and all water service hereunder shall be subject to
such bylaws, rules and regulations as the Board may hereafter
adopt, which bylaws, rules and regulations shall be consistent
with the foregoing, or as the foregoing may hereafter be
amended.
-2-
STATE OF COLORADO
.mss.
COUNTY OF GARFIELD )
I, Scott Balcomb, Secretary of the Basalt Water
Conservancy District, do hereby certify that the above and
foregoing is a true, full aria complete copy of a resolution
adopting the budget adopted at a meeting of said Board held
on the 25th day of September, A.D. 1979, as will appear from
the original minutes of said Board on file in the office of
said Board.
IN WITNESS WHEREOF, I have heheunto set my hand
and caused.the seal of said District to be affixed at Glenwood
Springs, Colorado, this 25th day Of September, I.D. 1979.
t, (%
Scott Balcomb, Secretary
Basalt Water Conservancy District
-