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File #: RES 2019-006    Version: 1 Name:
Type: Resolution Status: Passed
File created: 1/15/2019 In control: Town Council
On agenda: 2/5/2019 Final action: 2/5/2019
Title: Resolution Approving the Water Rights Lease between Town of Castle Rock and Turnpike LLC
Attachments: 1. Attachment A: Resolution, 2. Exhibit 1: Water lease agreement, 3. Attachment B: Location Map

To:                     Honorable Mayor and Members of Town Council

 

From:                     Mark Marlowe, Director of Castle Rock Water

                     Matt Benak, Water Resources Program Manager

                     Lauren Moore, Water Resources Program Analyst

 

Title

Resolution Approving the Water Rights Lease between Town of Castle Rock and Turnpike LLC

Body

________________________________________________________________________________

 

Executive Summary

 

Castle Rock Water is seeking Town Council approval of a resolution (Attachment A) for an agricultural water lease with Turnpike LLC. Turnpike LLC is a farmer located in Weld County adjacent to the Lost Creek Basin wells we purchased in 2017 as part of our Alternate Source of Supply Project.  As part of their 2018 lease, the farmer used 343.28 AF of water from these wells in 2018 and 364.52 AF in 2017 for irrigation and has paid the Town $24,773. Turnpike LLC is interested in an additional one-year lease of our Lost Creek Basin water rights. The Town of Castle Rock does not plan to export these water rights in 2019 as the infrastructure needed to move the water is not designed or installed. Turnpike LLC wishes to lease up to 485 acre-feet (AF) at a rate of $35 per acre-foot which could amount to $16,975. The price is reasonable for agricultural leased water of this type at this location based on available data regarding other leases in the area. Additionally, the lease will help generate good will in the community towards Castle Rock in the near term which will be important as we build the infrastructure to use this supply. The agreement terminates on November 15, 2019.

 

History of Past Town Council, Boards & Commissions, and Other Discussions

 

On February 28, 2018, Castle Rock Water Commission unanimously recommended that Town Council approve the 2018 water lease agreement. 

 

On March 6, 2018, Town Council unanimously approved the 2018 water lease agreement. 

 

On January 23, 2019, Castle Rock Water Commission voted unanimously to recommend to Town Council approval of the 2019 water rights lease with Turnpike.

 

Discussion

 

As part of the Town’s hybrid renewable water solution, the Town purchased several Lost Creek Basin wells in 2017. These wells came with approximately 1,035 AF (annually) of fully exportable water rights which could be used for municipal and other purposes. Eventually, the Town intends to use these water rights directly or as an augmentation source. However, until infrastructure is built to transport this water to a treatment plant or place of augmentation, leasing this water for other purposes helps to generate some revenue for Castle Rock Water. Turnpike LLC used 364.52 AF of water in 2017 and 343.28 AF in 2018. The farmers are also planning to use this water in 2019.

 

The key terms of the 2019 water lease agreement are summarized below:

 

                     Agreement will terminate November 15, 2019.

                     Turnpike LLC will lease up to 485 AF of water at a rate of $35 per AF.

 

The following table outlines the wells that will be used and the amount of water we will be leasing to Turnpike LLC.

 

Well

Maximum Water to be Leased, AF

Annual Water Rights, AF

12123

0*

163.1

12124

100

106.4

31526

140

144.4

31527

135

139.1

31643

110

111.3

14860

0*

74.3

Total

485

738.6

*well not operational

 

Budget Impact

 

If Council approves the agreement, Castle Rock Water would receive up to $16,975 in revenue in 2019. The revenue will be deposited into Water Resources Fund Capital Leases account 211-4375-393.70-00 <WRAWL>.

 

Recommendations

 

Staff recommends approval of the 2019 agricultural water lease agreement with Turnpike LLC for 485 acre-feet of water which will generate a revenue of up to $16,975. 

 

Proposed Motion

 

“I move to approve the Resolution as introduced by title.”

 

Attachments

 

Attachment A:                     Resolution

Exhibit 1:                       Water Rights Lease

Attachment B:                     Location Map