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File #: RES 2021-047    Version: 1 Name:
Type: Resolution Status: Passed
File created: 4/19/2021 In control: Town Council
On agenda: 5/4/2021 Final action: 5/4/2021
Title: Resolution Approving the Water Lease Agreement between the Town of Castle Rock and Riverview Farms, LLC [Rothe/Sublette Recharge Project, Weld County, CO]
Attachments: 1. Attachment A: Resolution

To:                     Honorable Mayor and Members of Town Council

 

Through: David L. Corliss, Town Manager

 

From:                     Mark Marlowe, P.E., Director of Castle Rock Water

 Matt Benak, P.E., Water Resources Manager

 

Title

Resolution Approving the Water Lease Agreement between the Town of Castle Rock and Riverview Farms, LLC [Rothe/Sublette Recharge Project, Weld County, CO]

Body

________________________________________________________________________________

 

Executive Summary

 

Castle Rock Water is seeking Town Council approval of a resolution (Attachment A) for a water lease with Riverview Farms, LLC (Groves).  Groves is interested in leasing a portion of Castle Rock’s Recharge Credits associated with Rothe-Sublette Recharge Project located in eastern Weld County, just north of the South Platte River.  Castle Rock is currently leasing 600 acre-feet (AF) per year of these credits to the Town of Wiggins, Colorado, however, there are approximately 128 AF of recharge credits that are currently unused.  Due to the dry summer and fall in 2020, and the low diversion and recharge amounts so far in 2021, Groves intends to use a portion of these credits to offset some of their agricultural depletions from crop production.

 

If Council approves this lease, 72.3 AF of recharge credits will be leased to Sublette at the rate of $36.50 per AF which is the current agricultural leasing price that the Town has established with other agricultural entities.

 

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

 

On April 28, 2021, Castle Rock Water Commission 7-0 Town Council approval of the 2021 Spot Water Lease with Riverview Farms, LLC.

 

Discussion

 

Castle Rock Water has a strategic goal to strive to maintain sustainable rates and fees, and demonstrate fiscal responsibility, accountability, and transparency. One of the tactics to achieve this goal is to maximize leasing opportunities for idle water rights.  Over the past three years the Town has generated over $130,000 by leasing idle water rights to downstream users (see table 1 below).  Until these water rights can be fully utilized by the Town, Staff will continue to seek out users that can put these rights to beneficial use.

 

Table 1. Revenue generated from leasing idle water rights to downstream users over the past three years.

2018

2019

2020

$29,019.13

$30,606.65

$70,699.75

 

The general concept of the Rothe-Sublette Recharge Project is that water can be diverted from the South Platte River at the Riverside Canal which is located east of Greeley under a water right with an effective 1988 priority date.  This water is delivered from the Riverside Canal into several recharge ponds which then makes its way through the alluvial sands as groundwater return flow to the South Platte River.  The hydrogeologic transport of this water through the alluvium takes a number of years.  The decree in Colorado Water Court Case No. 89CW027 defines the terms and conditions for operation of this project, including the specific timing of the recharge credits.

 

The Towns portion of the project includes up to the first 770 acre-feet per year of recharge credits.  The Town is currently leasing 600 AF to the Town of Wiggins for augmentation of several municipal supply wells.  Approximately 128 AF of additional recharge credits are available for use in 2021 and two partners in the Rothe-Sublette Recharge Project (Sublette, Inc. and Riverview Farms, LLC) have expressed interest in leasing these excess credits for 2021.

 

Budget Impact

 

If Council approves the agreement, Castle Rock Water would receive $2,638.95 in additional revenue in 2021 from Groves.  The revenue will be deposited into the Water Resources Fund Capital Leases account 211-4375-393.70-00.

 

Staff Recommendation

 

Staff recommends approval of the resolution as presented.

 

Proposed Motion

 

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

 

Attachments

 

Attachment A: Resolution

Exhibit 1:                          Agreement