Body
Department of Utilities
Reference: Purchase of Zorich Family Water Rights on Turkey Creek
To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Marv Falconburg, Acting City Manager
Prepared By: Austin Creswell, Water Resources Engineer
Through: Michael Woodruff, Director of Infrastructure
Brad Dallam, Assistant Director of Utilities
Date Prepared: August 29, 2019
PURPOSE
To consider the approval of a contract for the purchase of water rights from the Zorich Family Limited Partnership (Zorich). The water rights are:
1. Spickerman Ditch, 2.3144 cubic feet per second of Priority No. 12, decreed by the District Court of the Second Judicial District for Arapahoe County in Case No. 6832 on February 4, 1884, with an appropriation date of November 1, 1862, located in the NW ¼ of Section 7, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado, and the source of the water is Turkey Creek, as changed and quantified in Case No. 82CW473 (“82CW473 Decree”).
2. Middle Spickerman Ditch, 2.907 cubic feet per second of Priority No. 22, decreed by the District Court of the Second Judicial District for Arapahoe County in Case No. 6832 on February 4, 1884, with an appropriation date of November 1, 1862, located in the NW ¼ of Section 7, Township 5 South, Range 69 West, 6th P.M., Jefferson County, and the source of the water is Turkey Creek, as changed and quantified in the 82CW473 Decree.
The average yields for these shares in the Spickerman and Middle Spickerman ditches are 18.21 and 9.45 acre-feet, respectively, for a total average yield of 27.66 acre-feet.
BACKGROUND
These water rights are on Turkey Creek in Jefferson County. Brighton previously purchased other Turkey Creek and nearby Bear Creek rights in 2018, including Spickerman Ditch rights. These water rights previously purchased were collectively referred to as the Mt. Carbon Water Rights, since the Mt. Carbon Metro District was a previous owner. The City examined the Spickerman and Middle Spickerman Ditch rights as part of due diligence at the time of the Mt Carbon Water Rights purchase, and determined that they were a good acquisition for the City. A yield analysis for these rights was performed at that time by White Sands Water Engineers.
Now that the City is an owner of water rights in the Turkey and Bear Creek systems, it becomes even more prudent for the City to acquire additional rights in these same systems, as the water from all these rights can be combined from an operational standpoint. Water from these rights would be delivered to Brighton via Bear Creek and the South Platte River to the City’s Ken Mitchell reservoirs.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
FINANCIAL IMPACT
The price negotiated for this purchase is $68,880.00. Funding is currently available in the approved 2019 Utilities Budget.
STAFF RECOMMENDATION
Staff believes these water rights are appropriate for the City to purchase and that the price is fair market. Staff recommends approval of the resolution and execution of the contract to purchase the water rights.
OPTIONS FOR COUNCIL CONSIDERATION
• Approve the attached Resolution as presented
• Deny the attached Resolution as presented
• Postpone consideration of the Resolution with suggested changes
ATTACHMENTS
• Resolution
• Contract for the Purchase of Zorich Water Rights