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Commentary and Analysis Regarding Colorado Law

Northern Water Now Accepting C-BT Transfer Applications

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Lyons Gaddis Covid-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on the transfer of C-BT water by the NCWCD. 

April 10, 2020
Northern Water Now Accepting C-BT Transfer Applications
By Scott E. Holwick, Shareholder, Water Team

The Northern Colorado Water Conservancy District (Northern Water) owns and operates the Colorado-Big Thompson water project (C-BT) which diverts water on the west side of the Continental Divide and delivers it to the front range for holders of allotment contracts issued by Northern Water. Sales of C-BT allotment contracts is a robust market in northern Colorado, upon which much development (agricultural, municipal, oil and gas) depends. The market price for C-BT allotment contracts has increased three-fold over the last several years, making the allotment contracts a highly coveted commodity.

The Lyons Gaddis water team regularly represents buyers and sellers in transfers of C-BT allotment contracts. C-BT allotment contracts are generally transferred between parties through Purchase and Sale Agreements, but such proposed transfers must also meet all of the requirements of Northern Water, including approval by its Board at a regularly scheduled Board meeting.

Northern Water staff stopped accepting allotment contract transfer requests as of March 13, 2020, in order to comply with the work-at-home directives from Northern Water management. As a result, no allotment contract transfers will appear on the agenda for the Board's consideration at the May 14 Board meeting.

On April 9, 2020, the Northern Water Board directed staff to resume the normal schedule of accepting allotment contract transfer applications and reinstating the previously published deadlines for submitting application materials. For the June 11, 2020 Board meeting, applications and associated documents and affidavits must be received on or before May 1, 2020. Staff will only process applications in which the parties can submit documents and affidavits electronically or otherwise in compliance with social distancing directives that apply to Northern Water employees.

The remainder of the 2020 deadlines to submit transfer applications and related documents is:

2020 Board
Meeting Dates

Deadline to Submit Complete Application

June 11, 2020

May 1, 2020

July 9, 2020

June 1, 2020

August 13, 2020

July 1, 2020

September 10, 2020

August 3, 2020

October 8, 2020

September 1, 2020

November 12, 2020

October 1, 2020

December 10, 2020

November 2, 2020

Please contact any of the Lyons Gaddis water team attorneys for assistance with C-BT transfers.

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