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Department of Utilities
Reference: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, AUTHORIZING THE FRICO-BRIGHTON BYPASS AGREEMENT BETWEEN THE CITY OF BRIGHTON AND THE FARMER'S RESERVOIR AND IRRRIGATION COMPANY (FRICO) FOR THE BYPASS OF CERTAIN WATER RIGHTS FROM DIVERSION BY FRICO FOR THE TOTAL SUM OF ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000); 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 13, 2018
PURPOSE
To consider the approval of a Bypass Agreement with the Farmer's Reservoir and Irrigation Company (FRICO), and its partners the Burlington Ditch Company, and the Henrylyn Irrigation District (3-Way) which will allow the City to move its water rights beyond the Burlington-O'Brian Canal river headgate when any of the 3-Way water rights are the senior calling rights in this stretch of the South Platte River.
BACKGROUND
FRICO constructed a structure in 2016 capable of bypassing up to 150 cfs of flow past the Burlington-O'Brian river headgate, and back to the South Platte River approximately 900 feet down ditch of the headgate, when the 3-Way rights are the calling right. Without such a structure, and Agreement allowing for its use, the entire river will be diverted by the Burlington-O'Brian headgate during these times, and any water owned by the City of Brighton will be diverted to FRICO's benefit and be unavailable to the City.
Brighton has certain water rights now, and may acquire more in the future, which will be lost and diverted by the Burlington-O'Brian Canal without an Agreement to Bypass the water, and a physical structure to accomplish it. The wate...
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