File #: ID-161-18    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 4/17/2018 In control: City Council
On agenda: 5/1/2018 Final action:
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, APPROVING THE WATER STORAGE AND LEASE AGREEMENT BETWEEN THE CITY OF BRIGHTON AND THE FARMER’S RESERVOIR AND IRRIGATION COMPANY (FRICO) FOR THE PROVISION OF FULLY CONSUMABLE WATER TO THE CITY OF BRIGHTON IN EXCHANGE FOR THE TEMPORARY USE OF WATER STORAGE CAPACITY BY FRICO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY AND TO UNDERTAKE SUCH TASKS AS MAY BE REQUIRED TO IMPLEMENT THE PROVISIONS OF THE AGREEMENT ON BEHALF OF THE CITY
Attachments: 1. Reso Approving FRICO Agreement Final, 2. FRICO Brighton Water and Storage Agreement 2018 Final, 3. 5K Water Stroage and Lease Agremeent - signed by FRICO
Body
Department of Utilities
Reference: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, APPROVING THE WATER STORAGE AND LEASE AGREEMENT BETWEEN THE CITY OF BRIGHTON AND THE FARMER'S RESERVOIR AND IRRIGATION COMPANY (FRICO) FOR THE PROVISION OF FULLY CONSUMABLE WATER TO THE CITY OF BRIGHTON IN EXCHANGE FOR THE TEMPORARY USE OF WATER STORAGE CAPACITY BY FRICO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY AND TO UNDERTAKE SUCH TASKS AS MAY BE REQUIRED TO IMPLEMENT THE PROVISIONS OF THE AGREEMENT ON BEHALF OF THE CITY.
To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Philip A. Rodriguez, City Manager
Prepared By: Curtis Bauers, Director of Utilities
Date Prepared: April 16, 2018

PURPOSE
To consider the approval of a Water Storage and Lease Agreement with the Farmer's Reservoir and Irrigation Company (FRICO) to allow for an annual lease of 5K water from FRICO to the City, and for the delivery of fully consumable water from FRICO to the City, during specified times, in order to fill the Erger's Pond and Cell 3 components of the Ken Mitchell Lakes Reservoir Complex, when final construction of the City's improvements to those cells are completed. In exchange for the delivery of said water from FRICO, the City will provide FRICO with storage capacity in Cell 3 from now until November 1, 2022.
BACKGROUND
This Agreement is the result of negotiations between all parties for over a year. FRICO, the Burlington Ditch and Reservoir Company, and the Henrylyn Irrigation District obtained a 5,000 Acre-foot annual water supply (5K Water) of fully-consumable non-agricultural water in a Water Court Settlement with Denver Water in 1999. FRICO subsequently sold their interest in that water under option contracts with South Adams County Water and Sanitation District (SACWSD) and its developers. Thus far, SACWSD has paid for just over half of that wa...

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