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C150274 Feasibility Study
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C150274 Feasibility Study
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Last modified
6/15/2011 8:55:30 AM
Creation date
12/2/2008 10:03:48 AM
Metadata
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Template:
Loan Projects
Contract/PO #
C150274
Contractor Name
Yuma County Water Authority Public Improvement District
Contract Type
Loan
Water District
0
County
Yuma
Loan Projects - Doc Type
Feasibility Study
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1.0 INTRODUCTION <br />1.1. Purpose of the North Fork Water Rights Purchase <br />The Yuma County Water Authority was formed in 2008 to negotiate abasin-wide <br />solution to the surface water-groundwater dispute over the use of waters in the Northern <br />High Plains Designated Ground Water Basin ("NHP-Basin"), which includes the North <br />Fork of the Republican River ("North Fork"). The North Fork Water Rights Purchase is <br />a key element in the settlement of a litigation brought by the owners of certain surface <br />water owners before the Colorado Ground Water Commission (Case No. 05-GW-14) to <br />re-draw the boundaries of the NHP Basin. Upon closing of the Transaction, the YCWA <br />PID will purchase all of the significant senior surface water rights in the North Fork as <br />part of a settlement agreement for the litigation. The terms of the Transaction are <br />prescribed in the purchase and sale agreement between the YCWA PID and the sellers <br />of Water Rights, a copy of which is attached to this study as Attachment 1. <br />This loan sought by YCWA PID and the loan sought by the Republican River Water <br />Conservation District will fund a portion of the purchase price for the North Fork Water <br />Rights Purchase. <br />1.2. Project Sponsor -Yuma County Water Authority Public Improvement <br />District (YCWA PID) <br />The Yuma County Water Authority (YCWA) was formed to negotiate and fund a <br />settlement with the North Fork surface rights. In order to finance the settlement with <br />property tax revenues, the board of county commissioners (the "Board") of Yuma <br />County, Colorado created the Yuma County Water Authority Public Improvement <br />District ("YCWA PID") pursuant to the County Public Improvement District Act of 1968 <br />(C.R.S. 30-20-501, et seq., hereinafter, the "Act") and to authorize YCWA PID to incur <br />debt in connection with the proposed Transaction. The voters of Yuma County have <br />been asked to ratify the formation of the PID and authorization of general obligation <br />debt at the November 4, 2008 general election. A copy of the form of resolution for <br />formation and debt authorization is attached to this study as Attachment 2. <br />The boundaries of YCWA PID are coterminous with those of Yuma County and all <br />municipalities within said boundaries are required to consent to their inclusion within the <br />YCWA PID as provided for under the Act following the election. Pursuant to the terms of <br />the Act, the board of directors of the YCWA PID shall consist of the members of the <br />Board. <br />The YCWA PID is authorized to borrow money and incur general obligation <br />indebtedness as provided for under the Act. Subject to an affirmative vote on the ballot <br />measures provided for on the attached resolution, YCWA PID shall have the authority to <br />incur debt in an amount sufficient to satisfy its portion of the purchase price as <br />contemplated under the Transaction and to impose ad valorem taxes to service such <br />debt as more specifically described in Section 9.1 of this study. <br />12368\1 \1204400.5 <br />
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