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File #: 22-535    Version: 1 Name:
Type: Resolution Status: Mayor's Office
File created: 8/2/2022 In control: City Council
On agenda: 10/11/2022 Final action: 10/11/2022
Title: A Resolution Authorizing the Purchase of Fort Lyon Canal Company Stock Owned by Arkansas River Farms for Colorado Springs Utilities and Authorizing the Filing of Water Court Applications for Changes of Water Rights and Appropriative Rights of Exchange Presenter: Abigail Ortega, General Manager of Planning, Colorado Springs Utilities Aram Benyamin, Chief Executive Officer, Colorado Springs Utilities
Attachments: 1. City Council Resolution ARF 10-11-22, 2. Water Acquisition CC Presentation 10-11-22, 3. Signed Resolution No. 149-22

Title
A Resolution Authorizing the Purchase of Fort Lyon Canal Company Stock Owned by Arkansas River Farms for Colorado Springs Utilities and Authorizing the Filing of Water Court Applications for Changes of Water Rights and Appropriative Rights of Exchange

Presenter:
Abigail Ortega, General Manager of Planning, Colorado Springs Utilities
Aram Benyamin, Chief Executive Officer, Colorado Springs Utilities

Summary:
Colorado Springs Utilities ("Springs Utilities") has entered into a Purchase and Sale Agreement ("PSA") to acquire ownership of 2,919 shares in the Fort Lyon Canal Company ("FLCC"). Springs Utilities will also acquire easements, obtain 644.67 acres of real property, real property covenants, and enter into agreements necessary for Springs Utilities to use the water derived from the shares. The total cost for this acquisition is $27,085,175.00 plus closing costs. In addition to the acquisition costs, Utilities will make mitigation payments to Bent County. Following completion of the acquisition, Utilities will file Water Court applications in order to use the water derived from the shares. Springs Utilities requests that City Council approve the attached resolution authorizing the acquisition and filing of a Water Court application(s) necessary to use the water associated with the FLCC shares to City at its October 11, 2022, meeting.

Background:
Springs Utilities has entered into a PSA with Arkansas River Farms ("ARF") under which it may acquire: (i) 2,919 FLCC shares; (ii) easements that allow Springs Utilities to construct, operate, and maintain water augmentation and return flow facilities on the ARF farms; (iii) 644.67 acres of real property in Bent County, Colorado; and (iv) rights of first refusal for additional shares and real property interests (collectively, the "Property"). The PSA also includes as a condition of the purchase and sale that ARF encumber the underlying property with restrictive covenants that require that portio...

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