HomeMy WebLinkAboutresolution.council.034-11 RESOLUTION NO. 3
Series of 2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING PITKIN COUNTY'S REQUEST TO VOLUNTARILY DISMISS ITS WATER
COURT APPLICATION SEEKING DILIGENCE IN THE DEVELOPMENT OF CERTAIN
CONDITIONAL WATER RIGHTS.
WHEREAS, the City, together with Pitkin County, owns the Smuggler Mountain Open Space
property; and
WHEREAS, some water rights were included with the Smuggler Mountain Open Space
property; and
WHEREAS, the water rights acquired with the Smuggler Mountain Open Space property
were not independently valued, due to inconsistencies and incomplete information surrounding the
ownership and use of the water rights; and
WHEREAS, the water rights acquired with the Smuggler Open Space property include
conditional water rights for the Boulder -Park Ditch and Pipeline, Boulder -Park Reservoir, Park -
Snowstorm No. 2 Ditch and Pipeline, and Park - Snowstorm No. 2 Reservoir (the "Conditional
Rights "); and
WHEREAS, the Conditional Rights are decreed for irrigation of pasture, gardens and
orchards; and
WHEREAS, Pitkin County filed water court Case No. 2010CW196 in order to maintain said
conditional water rights; and
WHEREAS, since filing the water court application, Pitkin County has determined that it
should withdraw the application, which will result in cancellation of the Conditional Rights, and has
asked that the City, as co -owner of the water rights, approve this withdrawal; and
WHEREAS, the City agrees with the County that the Conditional Rights will not be
developed for their decreed purposes, as there will not be irrigated gardens, pastures or orchards on
the Smuggler Mountain Open Space
THEREFORE, BE IT RESOLVED, by the City Council of the City of Aspen, that the City
approves Pitkin County's request to withdraw the application for finding of reasonable diligence in
the development of the Conditional Rights in Case No. 2010CW196, and that the City water counsel
is authorized to so advise Pitkin County, and to execute a pleading or other document demonstrating
concurrence in the withdrawal if reasonably necessary to effectuate Pitkin County's withdrawal of
the application in Case No. 2010CW196.
Dated: .V
APPROVED by the City Council of the City of Aspen on the £ day of
2011.
0 4414V
Mayor •
Attest:
Se'
City Clerk /