AMENDMENT TWO WITH TOWN OF CAVE CREEK WATER RIGHTS.PDF

RESOLUTION NO. R2021-08
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVE CREEK,
MARICOPA COUNTY, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF
OF THE TOWN, AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF CAVE
CREEK AND MARICOPA COUNTY AUTHORIZING MARICOPA COUNTY TO SEVER AND
TRANSFER SPUR CROSS RANCH CONSERVATION AREA SURFACE WATER RIGHTS FOR
THE BENEFIT OF THE SPUR CROSS RANCH CONSERVATION AREA.
WHEREAS Arizona Revised Statutes § 11-952(A) provides that public agencies may
enter into intergovernmental agreements for the provision of services or for joint/cooperative
actions; and
WHEREAS The Town of Cave Creek (“Town”) and Maricopa County (“County”) entered
into an Intergovernmental Agreement dated January 9, 2001 (“Initial Spur Cross IGA”) regarding
the acquisition and operation of the Spur Cross Ranch Conservation Area: and
WHEREAS the Town and County desire to amend the Initial Spur Cross IGA pursuant to
Amendment No. 2 to the Initial Spur Cross Ranch IGA attached hereto as Exhibit A to enable the
parties to sever and transfer surface water rights available from the original mining use for their
respective parcels in order to allow uses to support the Spur Cross Ranch Conservation Area.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF CAVE CREEK, ARIZONA AS FOLLOWS:
Section 1 - Authorization. That the Mayor is authorized to execute on behalf of the Town
of Cave Creek Amendment No. 2 to the Initial Spur Cross Ranch IGA.
Section 2 — Modification. That the Town of Cave Creek Mayor, Manager and Town
Attorney are hereby authorized to take and perform such other and further actions as are
necessary or appropriate to carry out the purposes of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Cave Creek,
Arizona this 5" day of April, 2021.
ATTESTED TO: FOR THE TOWN OF CAVE CREEK:
Fite
Town Clerk Ernie Bunch, Mayor
APPROVED AS TO FORM:
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William J. Sims/Town Attorney

RESOLUTION NO. R2021-08
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVE CREEK,
MARICOPA COUNTY, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF
OF THE TOWN, AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF CAVE
CREEK AND MARICOPA COUNTY AUTHORIZING MARICOPA COUNTY TO SEVER AND
TRANSFER SPUR CROSS RANCH CONSERVATION AREA SURFACE WATER RIGHTS FOR
THE BENEFIT OF THE SPUR CROSS RANCH CONSERVATION AREA.
WHEREAS Arizona Revised Statutes § 11-952(A) provides that public agencies may
enter into intergovernmental agreements for the provision of services or for joint/cooperative
actions; and
WHEREAS The Town of Cave Creek (“Town”) and Maricopa County (“County”) entered
into an Intergovernmental Agreement dated January 9, 2001 (“Initial Spur Cross IGA”) regarding
the acquisition and operation of the Spur Cross Ranch Conservation Area; and
WHEREAS the Town and County desire to amend the Initial Spur Cross IGA pursuant to
Amendment No. 2 to the Initial Sour Cross Ranch IGA attached hereto as Exhibit A to enable the
parties to sever and transfer surface water rights available from the original mining use for their
respective parcels in order to allow uses to support the Spur Cross Ranch Conservation Area.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF CAVE CREEK, ARIZONA AS FOLLOWS:
Section 1 - Authorization. That the Mayor is authorized to execute on behalf of the Town
of Cave Creek Amendment No. 2 to the Initial Sour Cross Ranch IGA.
Section 2 — Modification. That the Town of Cave Creek Mayor, Manager and Town
Attorney are hereby authorized to take and perform such other and further actions as are
necessary or appropriate to carry out the purposes of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Cave Creek,
Arizona this 5" day of April, 2021.
ATTESTED TO: FOR THE TOWN OF CAVE CREEK:
JaneFuller, Town Clerk Ernie Bunch, Mayor
APPROVED AS TO FORM:
William J. Sims, Town Attorney

WHEN RECORDED RETURN TO:
Clerk of the Maricopa County Board of Supervisors
301 W. Jefferson, 10° Floor
Phoenix, AZ 85003
AMENDMENT TWO TO INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY
AND THE TOWN OF CAVE CREEK
The Intergovernmental Agreement between the Town of Cave Creek (“Town”) and Maricopa
County, a political subdivision of the State of Arizona (“County), dated July 6, 2011, amended by
Amendment One to the Intergovernmental Agreement on September 9, 2011 (collectively, the
“Agreement”) is hereby amended as follows:
1. Paragraph 2. County Responsibilities of the Agreement is deleted in its entirety and
replaced with the following.
2.1 County will coordinate with Town to have the necessary filings prepared to transfer
or assign water rights to County for the benefit of Spur Cross Ranch Conservation Area. County
will be responsible for the costs of having such filings prepared and reviewed by the Arizona
Department of Water Resources (“ADWR”) through the Spur Cross Ranch Conservation Area
Fund, as described in Section 5.8 of the Intergovernmental Agreement between County and
Town, dated January 9, 2001, and/or other funds appropriated by the County.
2.2 County will prepare an Application to Partially Sever and Transfer Water Rights
associated with Certificate of Water Right (“CWR”) No. 402 to land it owns within the Spur
Cross Ranch Conservation Area, pursuant to A.R.S. § 45-172. (“County Application”).
2.3 County will provide County Application to Town prior to filing with ADWR.
2.4 Once County Application is in final form, County will submit it to ADWR for
consideration and approval.
2.5 County will evaluate whether any additional water is transferrable from CWR No.
402 above the amount transferred to County parcels that may be transferred or assigned for
the benefit of Spur Cross Ranch Conservation Area.
2.6 The filings to be prepared under this Agreement may include Statement of Claimant
Forms for the Gila River General Stream Adjudication pursuant to A.R.S. § 45-254.
2. Paragraph 3. Town Responsibilities of the Agreement is deleted in its entirety and
replaced with the following.

3.1 Should Town decide to have any filings prepared to transfer or assign water rights to
land it owns within the Spur Cross Ranch Conservation Area, Town will coordinate with County
to do so. Town will be responsible for all costs associated with such filings, including costs for
preparation and review of applications.
3.2 Town may prepare an Application to Sever and Transfer Water Rights for water
available from the original mining use in CWR No. 402, if approved by County, or any other
water rights available, to land it owns within the Spur Cross Ranch Conservation Area, pursuant
to A.R.S. § 45-172 (“Town Application”).
3.3 Should Town decide to prepare it, Town will provide Town Application to County
prior to filing with ADWR.
3.4 Once it is in final form, should Town decide to prepare it, Town will submit Town
Application to ADWR for consideration and approval.
3.5 The filings to be prepared under this Agreement may include a Statement of
Claimant Form for the Gila River General Stream Adjudication pursuant to A.R.S. § 45-254.
3. Paragraph 4. Management of Water Rights of the Agreement is deleted in its entirety
and replaced with the following.
County and Town agree to manage all of the water and water rights transferred or assigned to
either party subject to this Agreement for the benefit of the Spur Cross Ranch Conservation
Area consistent with the Town Parcel Conservation Easement and the Spur Cross Ranch Park
Conservation Easement, as described in Section 3.1 of the Intergovernmental Agreement
between County and Town, dated January 9, 2001.
4. Paragraph 8. Notice of the Agreement is amended to delete the County’s address and
change it to the following.
If intended for County:
Maricopa County Parks and Recreation Department
Attention: Administrator
41835 N. Castle Hot Springs Rd.
Morristown, AZ 85342
5. The foregoing paragraphs contain all the changes made by this amendment. All other
terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties executed this amendment as of the last date indicated
below.
TOWN COUNTY
TOWN OF CAVE CREEK MARICOPA COUNTY
deed fie Y-F-Zg%/
By: By:
Mayor Date Jack Sellers, Chairman
Town of Cave Creek Board of Supervisors
ATTEST: ATTEST:
By:
Town Jérk Date Clerk of the Board Date
This amendment has been reviewed by the In accordance with A.R.S. 11-952 this amendment has
undersigned attorney who has determined that this been reviewed by the undersigned attorney who has
amendment is in proper form and within the powers determined that this amendment is in proper form and
and authority granted to the Town of Cave Creek under within the powers and authority granted to Maricopa
the laws of the State of Arizona. County under the laws of the State of Arizona.
c By:
Town Attorney Date
Deputy County Attorney Date

IN WITNESS WHEREOF, the parties executed this amendment as of the last date indicated
below.
TOWN COUNTY
TOWN OF CAVE CREEK MARICOPA COUNTY
teres oll
By: Seg Let) By:
Mayor Date Jack Sellers, Chairman
Town of Cave Creek Board of Supervisors
ATTEST: ATTEST:
en ee
4.5-202)
By:
Town Clérk Date Clerk of the Board Date
This amendment has been reviewed by the In accordance with A.R.S. 11-952 this amendment has
undersigned attorney who has determined that this been reviewed by the undersigned attorney who has
amendment is in proper form and within the powers determined that this amendment is in proper form and
and authority granted to the Town of Cave Creek under within the powers and authority granted to Maricopa
the laws of the State of Arizona. County under the laws of the State of Arizona.
By:
By:
Town Attorney Date
Deputy County Attorney Date