REV89452 - Laserfiche WebLink

Home Browse Search

agricultural will void the contract. The 32 Road Pit is located outside of the District. Before the District can contract to serve areas outside the district, the user must reach an agreement with the United States as to payment. This contract must mutually agree as to how water he owns in the Colorado River will be delivered through the government canai, the power canal, lift pumps and both district canals. Public Service must agree as to the effects of power generating. This past week, the Western Colorado Conservancy District (Parkerson 's attorney Greg Hoskins is a member.) reached an agreement wherein Denver would use Western Colorado water during dry years. This agreement also includes a contract with U. S. Fish and Wildlife to maintain minimum flows in the Colorado River between Palisade and Grand Junction to preserve endangered fish. This agreement should be carefully researched for a determination of the wastewater fiiing Parkerson made this year to irrigate pits to grow crops. Parkerson Construction should furnish Mined Land Reclamation factual documentation as to how water is available a1T 12 months of a year for Parkerson to meet Emission Permit requirements. This study should clearly resolve how water will be provided between November and April, the period the District turns the water out of the ditches. Mesa County is, by state law, required to develop, and abide by, a zoning and subdivision plan. According to this pian, gravel pits are not an activity by right in an Agricultural - Forestry - Transitional (AFT) zone. To mine gravel in an AFT zone, the operator must obtain a conditional use permit, granted by commissioner resolution, providing the granting is in accordance with the health, safety and welfare of residents. Paragraph i7 of Mesa County's Land Use and Development Plan recognizes agriculture as a significant part of the county's economy and that prime and unique agricultural (ands will be preserved. Gravel mining does not oreserv dust. Wil]fu11y issuing conditional use permits to expand these pits, contrary to these plans is political pandering. The Commissioners have created an agricultural nuisance. As defined here, a nuisance is anything that disturbs, annoys, or interferes with the use of one's property. Nuisance implies an unreasonable or inconsiderate act or acts, often repeated or continued for proionged periods of time creating a degree of unhappiness to the person(s) suffering the interference. Pandering is a person(s) who caters to or profits from the weakness of others. During 1981, congress passed the Farmland Protection Poiicy Act. (P.L. 97-9B, Sec. 1540). The purpose to minimize unnecessary, irreversible destruction of farmlands by U.S. Agencies, and to insure federai programs are compatible with state, )oca1, and private programs and policies to protect farmlands. Three types of farmlands are protected under this act, prime farmland, unique farmland and farmland of state wide importance. The fruit orchards in the Grand Valley have been designated Unique Farmlands of National Importance by the U.S. Department of Agriculture, in compliance with Public Law 95-87 sec 757.5. -3-