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New Business/Regular Items   Item No. 37.
Regular City Council Meeting
Meeting Date:
04/09/2026
COMMITTEE:
City Council
CONTACT:
C. Josh Nairn-Mahan
CHAIR:
Will Cavin

ACTION REQUESTED:

Approval of five-year water rights lease agreement with Leprino Foods Co. for 1,200 acre-feet of City of Roswell water rights, including an option for one (1) five-year renewal term. (Cavin/Nairn-Mahan) 

BACKGROUND:

The City of Roswell (Lessor) owns certain Artesian water rights and water wells in Chaves County, New Mexico and proposes to lease a portion of said water rights to Leprino Foods Co. (Lessee) The total water rights Lessor desires to lease to Lessee is 1,200 acre-feet per year at the Lessee's location. The initial term of this proposed lease is from 11/1/2026 to 10/31/2031.

FINANCIAL CONSIDERATION:

During the initial term of this Lease, Lessee shall be entitled to use up to 1200 acre-feet of water per year at the move-to location, for which Lessee agrees to pay Lessor the sum of $38.00 per acre-foot. After the initial year and each successive year of the lease term thereafter, the per acre foot cost of the water shall be increased by three percent (3%) annually per acre-foot.

LEGAL REVIEW:

The City Attorney has reviewed the proposed lease. 

BOARD AND COMMITTEE ACTION:

The Legal Committee recommended approval 5-0 at its meeting on March 26, 2026, to send the agenda to the City Council, where the City Council will amend the cost.

STAFF RECOMMENDATION:

Proceed as presented

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