HomeMy WebLinkAboutWater Board - Minutes - 03/28/2002City Council Liaison
Chuck Wanner
Staff Liaison
DeEtta Carr 221-6702
Water Board Chairman Water Board ViceChairman
Tom Sanders 491-5448 John Morris 491-0185
Secretary
Vicki Mesa
Roll Call
Board Present
Tom Sanders -Chairman, John Morris -Vice Chairman, Joe Bergquist, Ted Borstad, Tom Brown,
Bill Fischer, David Frick, David Lauer, Rami Naddy and Robert Ward
Board Absent
Paul Clopper
Staff Present
Patty Bigner, Dennis Bode, Steve Comstock, Laurie D'Audney, Jim Hibbard, Marsha Hilmes-
Robinson, Bob Smith, Mike Smith, Wendy Williams and DeEtta Can
Guests Present
Jeana Digiallonardo, Al Jakubauskas and Gene Schleiger
Meeting Opened
Chairman Tom Sanders called the meeting to order at 3:10 p.m.
Minutes Approved
Bill Fischer made a motion to approve the minutes of the February 28, 2002. John Morris
seconded the motion. The minutes were approved unanimously.
Update - Northern Colorado Water Conservancy District (NCWCD)
Gene Schleiger briefly highlighted the handouts on snowpack and supply, and noted that the
majority of the State is well below the average. He stated that we would need 300% of average
snowfall during the next several weeks to achieve average snowpack for this year. He added
that while a 50% quota for CBT water was set last October, he believes the Board will increase
it in April but still take a conservative approach.
Gene reported on west slope issues, stating that the rhetoric from the Colorado River Water
Conservation District has escalated against the operations of the CBT system by the NCWCD
and the Bureau of Reclamation. The River District Board has had a litigation committee
meeting, and they expect this issue will go to court in the near future. He reported that the west
slope considers what has been delivered as of today, but anything additional in the future would
be litigated. Gene explained that in recent years CBT water has been carried over from year to
year. This has reduced the amount of water stored in some years and the River District
interprets this to mean we have no beneficial use for it. The NCWCD does not agree with that
view.
Fort Collins Water Board _ .mutes
March 28, 2002
Tom Sanders questioned if there were any plans to accommodate a drought.
PAGE
Gene stated this is the first year that NCWCD has had the capability to look carefully at trends
of inflows, storage, use, etc. He stated that the River District requested an additional 20,000
acre feet a year be released from Granby in the Spring and stated that after preliminary studies
the flow is not the limiting factor.
Gene gave a brief update on Horsetooth Reservoir, commenting that it was ahead of schedule
and that the Bureau wants to move up the schedule for filling it. He stated that there are two
views from the bureau regarding cutting off water seepage at the north dam. He stated that the
Bureau was considering stripping off the face of the dam and replacing it with a clay liner
rather than installing a concrete cutoff wall. He stated that the District preferred the latter
alternative.
Robert Ward mentioned that next week's Hydrology Days at CSU would include discussions of
various drought planning exercises as well as what types of droughts to expect.
Floatable Materials F000dplain Regulations
Marsha Hilmes-Robinson gave a brief overview of current floodplain regulations. She defined
"floatable materials" and stated that the Code states that all floatable materials within the
Poudre River floodplain need to be removed by July 1, 2002. She highlighted the primary
properties that would be affected.
She reported on two success stories, reporting that the following properties have complied with
and taken action to comply with the Code:
0 101 E. Lincoln Avenue
• 301 E. Lincoln Avenue
She explained that staff has looked at three options to address this regulation.
Option 41 Comply with the current Code
Option #2 Amend the Code to only require properties in the product corridor to comply
with the July 1, 2002 deadline to remove floatable materials
Option #3 Amend the Code to remove the requirement that all existing floatable materials
be removed prior to July 1, 2002
She stated that staff recommends Option #3. She stated that staff has identified 28 properties
that have a significant amount of floatable materials, and between 15-16 properties are located
in the product corridor. She explained that, while affected businesses have been annually
notified in writing of this regulation, they were not notified individually about floatables.
Marsha responded to questions from the Board and stated that changing ownership and
maintaining the same use of these properties would be grandfathered in, under Option #3. She
reported that the City has taken action to enforce floodplain violations, however, only on an
individual basis.
Fort Collins Water Board _ _mutes
March 28, 2002
PAGE 3
Jim Hibbard clarified that car businesses would be the most drastically affected businesses.
David Frick expressed concerns regarding liability and safety issues.
In response to a question, Marsha stated that while most communities comply with FEMA
requirements, very few have addressed floatable materials. She spoke of how variance requests
would be done.
After a discussion it was the consensus of the Board that the City should make more of an
effort to inform affected businesses of the Code regulations.
Joe Bergquist made a motion to establish a 3-year deadline for compliance, during which time
the City would advise those affected in a very aggressive campaign. Robert Ward seconded the
motion.
Tom Sanders stated he felt that 3-years was too little time for those affected to comply. He
stated that he supported a 5-year deadline, stating that it would be a reasonable time for the
owners to comply with the Ordinance.
Bill Fisher spoke in support of staff s Option #3, stating he did not feel the regulation was fair
to those business owners, who have spent time and money setting up their businesses, unaware
of this requirement.
Marsha explained that currently properties are addressed when someone requests a change of
use, at which time they are advised of the Code requirement.
The vote on the previous motion to established a three-year moratorium with a strong campaign
to inform property owners was as follows: Nays: Tom Brown, Bill Fisher, and Rami Naddy.
Yeas: Robert, Joe, Ted, John, David Frick, David Lauer and Tom Sanders. The motion carried.
Marsha expressed concerns that a significant number of the businesses affected by the Code
regulations would not be able to remain in business or would have to substantially change their
manner of operation. She spoke of the difficulty in juggling safety vs. property rights issues.
David Frick suggested that the definition of floatable materials be further reviewed.
Fluoride Technical Study Group Update
Rami Naddy reported that the study group was reviewing technical documents and separating
reports. He reported the following being addressed in each report:
• legal concerns
• cost benefits
• efficacy of fluoridation
• risks
• public individual choice
0 health risks
Fort Collins Water Board _..inutes PAGE 4
March 28, 2002
He stated that the progress is slow and that the study group will continue to look at the
remaining reports as well as the information provided by the public. He reported the study
group progress would be posted on the City of Fort Collins website.
Staff Reports
Treated Water Production Summary
Dennis Bode stated that in February, 1,553 acre feet were used, which is just above 5% of what
was projected for the month. He stated that we are at 95% of the projected use.
Committee Reports
Water Supply
Tom Brown reported the Committee is reviewing an update to the Water Supply Policy and
will discuss the update at the next scheduled Water Board Meeting.
Mike Smith reported the policy would be discussed at the May 14 Council Study Session. He
stated there was interest from Councilmembers in discussing the Halligan issue and requested
that the Board attend the Study Session.
Legislative, Finance, Liaison Issues
Robert Ward reported on the Larimer/Weld water issues group meeting. He stated that the
Committee is considering forming an authority to protect water rights in northern Colorado.
He reported that the Gordon Bill underwent a major revision to restore and improve the
environment to a reasonable degree.
Conservation and Public Education
David Lauer reported Keesen Water Management gave a presentation on irrigation and drip
systems and spoke of water saving techniques available.
Other Business
Mike Smith suggested inviting Eric Wilkinson to speak on the future of water in Northern
Colorado at the Tri-City meeting on May 23.
Tom Sanders expressed concern about water shortages and suggested establishing a plan to
follow in the event of a drought.
Adiournment
The meetin adjo :55 p.m.
Tom Sanders, Water Board Chairman
1.L4l�E�
DeEtta Carr, Water Board Liaison