(a) The Town reserves the right, in its sole discretion, to accept, reject or accept in part any water rights or shares offered to the Town for dedication. The Town shall determine whether said water rights or shares are to be accepted based on the following criteria: priority date; historical point of diversion; location of historical use; historical yield; historical consumptive use; the contribution to historical consumptive use of other water rights or shares or sources of water supply; future use of the land historically irrigated, including future irrigation; considerations with respect to title; anticipated difficulties with transferring the water rights or shares to appropriate points of diversion, places of storage and municipal uses; the Town’s contractual obligations and arrangements; and expected needs of the Town and of the Town’s water rights portfolio at the time of the proposed annexation, subdivision or extension of water service. All costs and expenses related to dedicating water rights or shares to the Town to satisfy the requirements of this Division shall be paid by the person required to dedicate water rights or shares to the Town pursuant to this Division.

(b) All dedications of water rights or shares to the Town hereunder shall be effectuated by delivering to the Town sufficient warranty deeds or stock certificates with appropriate stock assignments or by written approval by the Northern Colorado Water Conservancy District of the transfer of any allotment contracts, as is appropriate to the particular transaction. All title documents shall be subject to approval by the Town Attorney. No water rights or shares dedication shall be considered completed until the Town has accepted sufficient documents transferring title to the Town.

(c) Any recommendation made by any Town agent or designee under any delegation of authority or responsibility contained in this Division or otherwise relating to water rights dedication shall be submitted to the Board of Trustees for determination or ratification, as the case may be. No such decision or recommendation shall be of any force or effect until finally determined or ratified by the Board of Trustees by ordinance, resolution or approval of a written agreement.

(d) The dedication requirement shall be satisfied by the person seeking approval of the extension of water service, subdivision, annexation or a change in land use, whether or not that person will be the ultimate user of the Town water service.

(e) The Mayor and Town Clerk are authorized to apply for temporary use permits and a Section 131 annually renewable water contract with Northern Colorado Water Conservancy District without further action by the Board of Trustees. (Ord. 1387 §1, 2023)