HomeMy WebLinkAboutWater Board - Minutes - 12/15/1995WATER BOARD MINUTES
December 15, 1995
3:00 - 4:40 P.M.
Water and Wastewater Utility Conference Room
700 Wood Street
WATER BOARD/COUNCIL LIAISON
Chuck Wanner
MEMBERS PRESENT
Paul Clopper, President, Robert Ward, Alison Adams, Terry Podmore, Tom Brown, Tom Sanders,
Howard Goldman, Dave Frick
STAFF
Mike Smith, Wendy Williams, Dennis Bode, Ben Alexander, Scott Harder, Molly Nortier
GUESTS
Sue Ellen Charlton, Observer, League of Women Voters
George Reed, Citizen Observer
John Bigham, Northern Colorado Water Conservancy District
MEMBERS ABSENT
John Bartholow, Vice President, David Lauer, Ray Herrmann (all excused)
President Paul Clopper opened the meeting. The following items were discussed:
MINUTES
Terry Podmore moved that the minutes of November 17, 1995 be approved as distributed. Robert
Ward seconded the motion. The Board voted unanimously to approve the minutes (8-0).
UPDATE: NORTHERN COLORADO WATER CONSERVANCY DISTRICT
John Bigham brought SNOTEL reports to be distributed, both for Colorado and other western states.
The local reports indicate that, currently "we are in pretty good shape on the Colorado and South
Platte Rivers." However, in some other areas the numbers aren't quite as good. Of course it's still
early in the year.
Water Board Minutes
December 15, 1995
Page 2
Mr. Bigham related that on Wednesday, December 13th, at 8:15 A.M. the No. 3 unit motor in the
Flatiron Power Plant blew up. At this point the District doesn't know what happened. It obviously
involved a heating problem in that particular motor, he surmised. The entire electrical power
generation from Estes Park to Flatiron was disrupted. That plant was built in 1952, so many of the
pipes and conduits were wrapped in asbestos, and then were painted. The explosion blew much of
that loose, forcing the District to bring in a HAZMAT team. As yet, none of the District's staff or
engineers have been allowed in to assess the situation. "The explosion was so powerful that even the
big hatch covers, weighing about 10,000 lbs., were lifted right out of the concrete," he said.
Unit No. 3 is the one that pumps water from Flatiron into Carter Lake. With that pump out of
commission, at this point, there is no way to get any additional water out of Flatiron into Carter. As
a result, what is in Carter is all there will be except for what comes from natural drainage. Unit No.
3 would normally pump 370 cfs against the 240 ft. head and has a 13,000 IIP electric motor. It is
expected that it will be from 4 months to a year before it can either be replaced, totally rebuilt or
whatever the engineers decide needs to be done. He emphasized that everyone was able to escape the
plant just in time. There apparently was some kind of warning. "Handrails were blown against the
walls, and the panels in the control room no longer exist," he related.
There is currently about 85,000 ac-ft of water in Carter, he continued. That's about 27,000 ac-ft short
of being totally full. During an average year, the District will deliver about 60,000 ac-ft of water out
of Carter; in a heavy year about 80-82,000. "We have enough to run even in a dry year, but the
reservoir would be dry. If we have an oversupply of moisture on the west side (as you know, Granby
is pretty high), any additional water, which we usually bring over to Carter and Horsetooth, will have
to spill on the west side." Currently the District is releasing from Olympus Dam in Estes Park, sending
the water down the Thompson River, taking it through the Dilly Tunnel, and putting it into the canal
to keep the supply going to Horsetooth. "We should be able to keep up with the demand in
Horsetooth for the time being," he said.
The District will not be able to bring the 27,000 ac-ft from the west side into Carter this winter and
spring. Because of this, they feel that the amount of water which would normally fill Carter, when
and if the system spills on the west slope, should spill first before any of the Windy Gap water spills.
"We don't want to hurt the WG participants," he stressed.
Once the engineers can assess the damage, it is hoped that the District will be able to determine what
happened and what needs to be done, he concluded.
Terry Podmore asked if there was any suspicion of fowl play. "No," Mr. Bigham replied. "Who's
responsible for that plant?" Mr. Ward asked, "and will it be up to the Federal government to repair
it?" "If it's a single purpose it would be just for their use on the power side, so the allottees would
have no financial obligation," Mr. Bigham responded. "Obviously, we're going to try to base our stand
on that."
Water Board Minutes
December 15, 1995
Page 3
"Are the precipitation numbers for the Upper Rio Grande, San Miguel, Dolores, Animas and San Juan
Basins, typical for this time of year?" Mr. Podmore wondered. "No," Mr. Bigham answered. "They
are very low. It's been quite dry in the southwestern mountains."
POSSIBLE WORKSHOP ON THE ROLE OF THE WATER BOARD
After the last meeting, Paul Clopper and Mike Smith talked about the possibility of a workshop on
the role of the Water Board. It would be a work session scheduled at another time than the regular
meeting, to discuss the Board's function and what its role is in working with staff and the City
Council. Mr. Smith said that the Board has been involved in two workshops in the last 10-15 years,
and "they were very helpful." He mentioned that the Stormwater Board wants to schedule a
workshop too. Staff thought it would be helpful and more economical to coordinate the two sessions
so that both boards could use the same facilitators. George Reed, chairman of the Stormwater Board,
brought a flyer with information about the consulting company that staff hopes to use ("COSTAR,"
out of California). Mike Smith made copies of the flyer for Board members.
Mr. Clopper thinks a workshop is a great idea. It appears that Tom Sanders, who has been on the
Board more than 13 years, is the only member who has had the benefit of participating in one of these
sessions. Mr. Smith asked George Reed how the Stormwater Board hopes to set up their meeting.
Mr. Reed explained that the session they hope to arrange takes 8 hours. They thought about a Friday
afternoon and evening or a Saturday. Mr. Smith and the Stormwater director had thought about one
session on Friday and the other on Saturday within the next few months before summer. "I realize that
it's difficult to schedule an 8-hour time commitment," he said.
Dave Frick asked about an agenda for the workshop. Typically, in the past, the facilitator worked
with boards and commissions to clarify what their purpose and roles are and their working
relationship with staff and council, Mr. Smith explained. "Sometimes there is difficulty when an
advisory board is put in the position of advising an elected body," he said. Mr. Clopper thinks it
would be particularly helpful if our council liaison Chuck Wanner would be able to join us. Mr. Smith
pointed out that he is also the liaison for the Stormwater Board. Mr. Reed said he had talked with
Mr. Wanner and "he is supportive of it but he didn't want to make a big deal out of it, and he didn't
necessarily commit at this point."
Tom Sanders recalled that the sessions in the past were helpful because the Board began listing
priorities and goals. "We reviewed our accomplishments and discussed our roles," he said. "We
learned what staff expected from us, and they learned what we thought our role was, and the dialogue
was open and honest."
Mr. Clopper suggested that it might be good to break up the workshop into two sessions; evening
and morning perhaps. Several members indicated that it depends on when it is. Mr. Smith repeated
that staff would like it to occur before summer when vacations are more prevalent. He said that staff
Water Board Minutes
December 15, 1995
Page 4
will consult with the facilitators and come up with some dates that would work for them, and proceed
from there to reach a consensus on the date. "We will also coordinate with the Stormwater Board."
"What does it cost to hire the consultant?" Tom Brown asked. "About $3,000," Mr. Smith replied.
Mr. Brown remarked that he wonders, at this point, whether it's worth doing. "Personally I don't have
a good idea of what I would get out of it." "One thing that I would hope to get out it," Robert Ward
stated, "having been through several board meetings, is that items appear on the agenda, and I keep
trying to put everything in a long term context, and I'm having a difficult time doing that. I think it
would be very helpful for me to try to get a long term context and a process that helps me fit this
Board in that context. I can then have a basis against which I make decisions other than my own
personal view of things," he concluded. President Clopper said that it seems there is general
agreement that a workshop would be worthwhile, and the Board will await the selection of a date.
REVISE WORK PLAN WITH CHARTER REVIEW ITEM
Molly Nortier explained that this is primarily a housekeeping item. The City Clerk's Office has asked
the Electric, Water and Elections Boards to include an item in their work plans on board
recommendations to the Charter Review Committee. What they suggest we include is: Formulate
recommendations to the Charter Review Committee concerning any proposed Charter
Amendments which may require review by the board or commission.
According to a memo from the City Clerk's Office, the Council Governance Committee is developing
a recommendation to the City Council concerning the scope of study of a Charter Review Committee
(CRC) which will work in 1996 to review the City Charter and make recommendations concerning
possible Charter Amendments. Some of the issues that the CRC will study may need the review of
some of the boards and commissions.
Terry Podmore asked what the Water Board needs to do with regard to this. Mike Smith said the
Board may not have any work at all. However, if the Board has any recommendations for water -
related changes to the City Charter, these can be introduced, and the Board will also review any
proposed changes that would affect the W&WW Utility.
Tom Sanders thinks this review is good because the last time changes were made in the Charter, the
Water Board was removed from the Charter and placed in the City Code instead. "I wish the Board
would have been able to review that decision," he said. Mr. Smith explained that Council wanted to
be consistent by having all boards and commissions in the Code, so the Council has the option of
creating and eliminating boards and commissions and not the voters. As Mr. Smith recalled, the Water
Board was informed about the proposed change before it was voted on. The voters approved the
change.
1-1
L
Water Board Minutes
December 15, 1995
Page 5
Mr. Smith pointed out that staff is proposing a change to the Charter that the Board will be
considering. He thinks it is also important that staff inform the Board of their concerns about the
Charter and solicit the Board's reaction to those concerns. He said that copies of water -related
sections of the Charter can be made available to any Board member who would like to peruse them.
Dave Frick moved that the Board add the Charter Review item to the 1996 Work Plan. Robert Ward
seconded the motion, and the vote to support the motion was unanimous.
ROLE OF COUNCIL LIAISONS TO BOARDS AND COMMISSIONS
Every two years, following the election of Council members, the Council selects its liaisons to the
boards and commissions. In 1988, Council adopted Resolution 88-78, defining the role of Council
liaisons. Molly Nortier included a sheet listing those provisions in the Board packets. It emphasized
that Council liaisons do not normally attend monthly meetings of the boards and commissions.
Liaisons are informed ofB&C meetings and activities through agendas and minutes, work plans and
annual reports. Liaisons may attend a meeting due to an interest in a specific agenda topic, or may
"pop in" just to observe. If Council liaison participation is critical to a particular item, a direct
invitation should be made to him/her, explaining why their input is deemed to be critical. If
appropriate, discuss with the liaison prior to the meeting what expectations are and whether she/he
can meet those expectations.
Dave Frick asked if anyone has met with our new liaison, Chuck Wanner. Paul Clopper met with him
briefly in the spring following the Mayor's regional meeting. Mr. Frick stated that Council reads about
our actions through the minutes, "but we don't get much feedback from the Council other than
through their formal actions." "How often does Chuck Wanner attend the meetings?" Robert Ward
asked. Ms. Nortier spoke with Mr. Wanner shortly after he had been appointed, and he mentioned
that he has a conflict on Friday afternoons that makes it difficult for him to attend our meetings.
However, he said that if there was a particular item for which it was important for him to be there,
he would try to make arrangements to attend. Perhaps we should be getting feedback through our
liaison, Mr. Ward suggested. Mr. Frick said that the feedback doesn't necessarily have to come
through his attendance at a meeting; it could be via a phone conversation, or a meeting with the
president periodically. Mr. Clopper said he would contact Mr. Wanner about possibly meeting for
lunch.
STAFF REPORTS
Treated Water Production Summary
Dennis Bode reported that this time of year water use begins to drop off. During November the City
used 1,390 ac-ft which was 89% of what had been projected. For the year we are at 86% of the
projection. Most of that was due to record precipitation in primarily May and June. He referred to
the graph included with the summary which was basically a visual rendition of the actual and
Water Board Minutes
December 15, 1995
Page 6
projected daily water demand for 1995. Board members liked the graph; they found it to be quite
interesting. Mr. Bode said it was some of Beth Voelkel's "handiwork". What was the final nurnber
last year?" Howard Goldman asked. Mr. Bode said staff tries to base the projection on an average
year. Through November, the actual number is 86% of the projection. "We never seem to hit that
average," he remarked. It usually falls between 85% and 110%.
Financial Status Report
Wendy Williams provided four graphs illustrating the financial status report for November. She said
that Scott Harder would present more details. She announced that this would be Mr. Harder's last
day as an hourly Utility employee, and thus his final Water Board meeting. He will remain in Fort
Collins and will continue his successful consulting business. He will also continue to do some work
for the Utility as a consultant. "We're going to miss him and we want to thank him for the work he
has done for us," she said.
Mr. Harder called the Board's attention to a couple of details on the graphs. "What we have
attempted to do is summarize, at the bottom, the current year-to-date compared with the year-to-date
last year," he said. As of the end of November, water operating revenue was about 3 1/2% greater
last year. Partially because of the above normal precipitation during the irrigation months, we didn't
sell as much water as anticipated. Wastewater operating revenue was about 5 1/2% above last year.
"Again we were a little bit short of where we were thinking we would be what with a 6% rate
increase and some customer growth. Regarding PIFs, it looks like we will end the year below last
year's pace, particularly on the wastewater side; last year was a banner year for new connections.
He asked the Board if the format of the status report that staff has prepared, works. Terry Podmore
asked if there was some way to give an annual average rather than the previous year because, if we've
had a high year the year before, it looks like we're down. "We could, but what we would have to do
to make it apples and apples, is to adjust it for the rate increases, which would be kind of tricky," Mr.
Harder replied. "How about using the budget number, compared to where we are?" Mr. Frick
suggested. "Even though we wouldn't adjust it to a year-to-date budget, but relative to the entire
year's budget?" Mr. Harder asked. "Knowing where we are budget -wise on revenues is probably
more important than anything else," Mr. Frick responded. "And reporting it cumulatively rather than
month to month," Mr. Clopper added. Mr. Harder pointed out that the cumulative numbers are listed
at the bottom of the page.
Tom Sanders asked about the water fund operating revenue. "From September to October there was
a decrease of about $350,000; does that mean that we bought $350,000 worth of water?" "That
means we sold $350,000 less between Sept. and Oct.," Mr. Harder answered. "This isn't the water
fund as far as purchasing?" Dr. Sanders asked. "No, this is in terms of rate revenues; operating
revenue is revenue from rates," Mr. Harder clarified.
Water Board Minutes
December 15, 1995
Page 7
Utility Organizational Change
Recently City Manager John Fischbach asked Rich Shannon to dedicate 100% of his work time to
managing the electric utility in order to deal with the changes in the electric utility business due to
deregulation. Therefore, Mr. Shannon will no longer oversee Water, Wastewater and Stormwater
operations. Mike Smith explained that the City Manager and Rich Shannon agreed that Water &
Wastewater and Stormwater should be separated from the Electrical Utility to form two service areas.
Mike Smith now heads W&WW and the Stormwater Utility and will report directly to the City
Manager. Bob Smith, the Stormwater Manager and the Stormwater Utility will report to Mike Smith.
Mike Smith will now be attending the Stormwater Board meetings each month.
Mike Smith Chair of State Water Authority
Mike Smith was recently elected to chair the Colorado Water Resources and Power Development
Authority. Mr. Smith said that the Authority basically administers the financing programs for the
Water Pollution Control Revolving Fund. They also have a small water projects fund from which they
issue money. "In the last 5 years the Authority has issued approximately $180 million worth of loans
to Colorado communities," he said.
Update: Southside Ditch Water Transfer Case
Dennis Bode reminded the Board that the Utility, for the last several years, has been in the process
of transferring the City's Southside Ditch Water rights from agricultural use to municipal use. A water
court hearing was held in November. Prior to the trial, the City had been negotiating with a number
of objectors, and about a week before the trial it was able to settle with the City of Thornton and
most of the other objectors. "We were able to settle all of the issues regarding the change of use part
of the case," he said.
"On an additional part of the case, where the City was seeking a number of exchanges on the Poudre,
we ended up spending 4 days in court discussing those issues; primarily with the Cache la Poudre
Water Users Association," he related. "The judge appeared to very knowledgeable and I think
provided good direction to the group. We are now awaiting a decision by the judge regarding some
of the exchange issues; we think the City presented a strong case, and most of it was settled before
the trial. We expect to learn the judge's decision within the next few months," he concluded.
COMMITTEE REPORTS
Water Supply
No report
Legislative and Finance
No report
Water Board Minutes
December 15, 1995
Page 8
Conservation and Public Education
No report
Engineering
No report
REGIONAL AND LIAISON ISSUES COMMITTEE PROPOSAL
Because of the length of the meeting last month, the Board wasn't able to sufficiently discuss the
proposal for a regional and liaison issues committee. Howard Goldman's memo was included again
in the packets for further discussion. Mr. Goldman had suggested at a previous meeting that the
Liaison Issues from the Board's work plan be expanded into a standing committee to:
A. Pursue strategies to promote the benefits of working together to manage water in our
geographical region.
B. Review ongoing projects for their effects on regional water boards and districts, and
recommend proactive methods for resolving potential conflict.
C. Identify and address institutional issues which are an impediment to regionalization.
Howard Goldman provided a summary of last month's discussion. Mr. Goldman said that as a lawyer,
he doesn't look at things in terms of who to sue, but how to resolve problems, mediate solutions and
come up with some cooperative decisions. He was thinking about the mediating process in terms of
regional issues. These issues are important enough that perhaps a separate committee advocating
interest -based conflict resolution techniques and cooperative activities with other entities is necessary
to sustaining the most efficient use of our region's water. "We need to bring a more cooperative force
to the Board itself," he stressed. How the Water Board develops relationships with all of the regional
entities is as big an issue as monitoring legislation or even engineering or water supply.
Paul Clopper mentioned that one of the things suggested at the last meeting, was that the Board
members who sit on the joint Council/Water Board Water Planning Committee and Howard
Goldman, could also serve on a "Liaison" Committee. It would certainly provide more continuity. The
Water Planning Committee doesn't meet on a regular basis; only when the Council asks them to
address an item in more depth —
Mr. Ward thinks what is being asked for here, in terminology that he has been reading in the
literature, is looking for a committee that would basically examine the nature of integrated water shed
management. "I'm not sure I know exactly what that means," he admitted, "but when I see those
words, it's always with words that you are using here." He didn't know whether the Board wanted
to "pick up on" that terminology, but he wanted to point out that it's out there.
•
Water Board Minutes
December 15, 1995
Page 9
"Is your proposal that the Water Board representatives on the Water Planning Committee be
constituted as a permanent committee and then when the Planning Committee meets, they will meet
with them, but in the meantime, they will do other things?" Mr. Podmore asked. "That's essentially
right," Mr. Clopper replied. "My personal sense of it is that the new committee may be comprised of
the current Water Board members on the Water Planning Committee, plus Howard Goldman," he
reiterated. Perhaps the new committee would look at other things, just as the other Water Board
standing committees do.
Alison Adams asked if Mr. Goldman has defined a name for the committee besides "Liaison?" "I don't
have a better name at this point," he replied. The issue for the Board is whether we need a new
committee for this function. He recalled that Ray Herrmann was about to talk about this when we ran
out of time at the last meeting. "My sense is that he was not in favor of creating a new committee
because these issues are already picked up in all the other committees; particularly the Water Planning
Committee." Mr. Herrmann was not at the meeting to elaborate.
Mr. Clopper asked what staffs position is on creating this new committee. Mike Smith wasn't certain
he had a good feeling yet for what Mr. Goldman is proposing. The Water Planning Committee would
be involved with some of those issues. "Frankly some of the issues may be washed out in the
workshop on the roles of the Water Board, because some of these may not be Water Board roles,"
he said. "Also, some of these may not be Council issues."
"Would this committee deal with items 10 (Regional Water Supply Strategy Update) and 11
,(Regional Wastewater Service Issues Update) on the agenda?" Mr. Podmore asked. "Those appear
perennially on the agenda but we rarely seem to have anything to talk about under these items, or
we're running late when we get to them." "That's a sense of what I thought I heard last time," Mr.
Clopper recalled. "Maybe there are some issues that slip through the cracks, and aren't really the
purview of any of the four standing committees; perhaps there are some gaps that a fifth committee
may fill," he suggested.
Alison Adams said there seems to be a gap especially in discussing the regional issues or cross agency
issues as a whole. "Either there is a need for a committee to deal with that broader umbrella or the
Water Planning Committee's role needs to be better defined, or it may be a Committee that needs to
"have a little more added to its plate, since it doesn't meet often," she said.
The way Mr. Smith understands the proposed function of this committee is, if it existed now, it may
not have much on its plate, he remarked. "The Water Planning Committee isn't meeting because there
aren't any issues at this time, and that's the same with items 10 and 11 on the agenda; there just isn't
anything happening right now except for the 201 Study," he stressed.
Mr. Podmore suggested that the Board put this on hold until we have our workshop on the role of
the Board, and present this as a topic for discussion. Mr. Smith agreed that it would be a good topic
Water Board Minutes
December 15, 1995
Page 10
to discuss. "Do we just want to react to issues like Boxelder or do we want to take a proactive stance
on regional issues," Mr. Frick asserted. "I think it's a policy issue this Board needs to deal with," he
insisted. "If we decide to take an active role, I would see a committee like this with plenty on its
plate," he concluded.
Tom Sanders suggested that we might call it the "Liaison/Planning Committee," and make it two -
pronged. When we have our annual meetings with Loveland and Greeley Water Boards, the
Committee could meet and set an agenda and then meet with the regional boards and set an agenda;
thus make the meetings a little more quantitative instead of the way they have been in the past. Mr.
Frick added that we could pick a topic each time that we could come prepared to discuss in depth.
Dr. Sanders stressed that he thinks all three water boards should be "extremely interested in the
possibility of the Northern District expanding into the Denver area." He said that another issue is the
Forest Service and what they are doing to Loveland. Apparently Loveland is having trouble operating
its power production dam. Plus, the Liaison Committee could be looking at a better communication
with the Council, the public and staff. "We should be proactive in regional planning," he concluded.
Tom Sanders asked about the ELCO Board. Dave Frick said he recently attended one of their
meetings because he was involved in an item on the agenda, and they were worried about issues like
taps, and what size water lines to put where. "I don't think they are taking a big picture approach to
anything at this time that I'm aware of," he said. "Their big picture was they wanted to mix water both
ways with us," Tom Sanders remarked. "As far as I know, we provide them with our treated water
but we don't take their's," he added. "That's an issue we are going to have to review," Mr. Smith said.
"I imagine that there is continuous pressure on staff to go the other way, and as a Water Board
member I'm against that unless they bring the quality of their water up to ours," Dr. Sanders
responded. He added that their board and ours should establish better communication.
Mike Smith said regionalization is a nice term that people like to talk about, and at times it's a good
solution to problems, "but just to chase it isn't very productive," Utility staff learned. "Our current
mode is to keep our eyes open and our ears to the ground and look for opportunities to cooperate
with districts and cities on particular items. When those come up, we pursue them." Dave Frick
reiterated that for issues dealing with the Northern District and anything that affects us as a region
relating to water supply, we need to be proactive, and that takes cooperation from the other entities.
Tom Sanders added that the issue with Thornton and cooperation with the ditch companies should
be monitored constantly, "so we don't get back -ended" as in past instances.
"If staffworks on an ad hoc basis with other entities, what's the underlying philosophy; do you have
an approach that you use when one of these issues comes up? Terry Podmore asked. "Our direction
from Council is to work cooperatively with all the entities around us," Mr. Smith responded. When
an issue comes up, staff looks at it in terms of what's the potential for joint effort or cooperation; if
there are any at all, we pursue those. Sometimes is not the economically feasible thing to do; other
times it is and we do it. "Operationally we cooperate a lot," he emphasized. Mr. Frick agreed, but he
Water Board Minutes
December 15, 1995
Page 11
said there are other issues where he thinks, as a board, "we need to give some guidance and
philosophy relative to where we want to go."
"The next issue could be the regional wastewater plant because we have a lot of excess capacity," Dr.
Sanders said. "That's being included in the 201 study," Mr. Smith responded. Tom Sanders went on
to say that Timnath, and a number of other small communities are going to be growing, and might
be able to be participants; even Loveland might be considered. "The next plant should be a regional
one." Dr. Sanders is afraid if we don't move on that plant, we're going to lose the opportunity because
opposition may emerge from nearby residents. Mr. Smith explained that the 201 study is intended to
look at the options and evaluate the options that are available for the entities involved. Those options
range from basically staying where we are, expanding existing facilities, or going to a regional facility
and looking at the costs for each option. "Again, none of that would be happening if we hadn't
essentially forced the issue with Boxelder; Boxelder didn't volunteer to cooperate," Mr. Frick pointed
out. Mr. Smith stressed that Fort Collins suggested to other staffs to do the study and "we are the
only one putting our money on the line for the study."
Dr. Sanders asked if Boxelder is taking Anheuser-Busch waste. "They are taking their sanitary
waste," Mr. Smith replied.
Howard Goldman commented that according to Neil Grigg's "regionalization" chapter in his book,
there are definitely times when regionalization is not the effective way to go, and you have to decide
when it is not appropriate to cooperate. "It's pretty clear that it's not cooperation for the sake of
cooperation." "Tom Sanders' original statement is pretty much the essence of what the driving force
is for me," Mr. Goldman said. First some kind of mechanism is needed; "we don't really have a
mechanism to be proactive yet. We just react after these things happen," he believes. The first step
for the Water Board is essentially to discuss how to create this mechanism to include this in our work
plan or planning process.
Paul Clopper mentioned that John Bartholow was also involved in the meeting with Howard Goldman
and himself to discuss this proposal. "As was mentioned earlier, I also had a sense at the last meeting
that Ray Herrmann expressed some opposition to creating a committee. Neither of these members
is here today. I know that both of them will have some input and opinion on this."
Dave Frick suggested that the Board may want to re -define the structure of all the committees as they
are discussing the Board's role and responsibilities. It may turn out that we could split different
aspects of the regional issue to a couple of the existing committees, or restructure other committees
to incorporate this into them. He concluded that it may be premature to form another committee until
we've had a chance to look at the total picture. Mr. Clopper said he has sensed this from the Board
as well. It was the consensus of the Board to keep this proposal on the agenda and include it in the
discussion when the Board participates in a workshop. "I think this agenda item would give a lot of
meaning to that workshop," Mr. Ward remarked. Mr. Goldman said this consensus meets with his
Water Board Minutes
December 15, 1995
Page 12
purpose as well. "The only reason I raised this issue is that I was feeling we weren't paying enough
attention to it," he said.
REGIONAL WATER SUPPLY STRATEGY UPDATE
Mike Smith reported that the Central Platte endangered species issue continues to be discussed
among the Federal government, Nebraska, Colorado and Wyoming. "It's going to take divine
intervention to make it work," he laughed.
REGIONAL WASTEWATER SERVICE ISSUES UPDATE
Mike Smith announced that the City Council had authorized the Mayor to sign the MOAs and
agreements to begin the 201 study.
OTHER BUSINESS
Acquiring Open Space by Purchasing Conservation Easements from Landowners .
Howard Goldman apologized that he didn't bring this up under the NCWCD update. He read in their
minutes that Boulder County is acquiring agricultural land for open space by purchasing conservation
easements from landowners, along with an undivided interest in CBT Project Class D units. The
minutes state that "Boulder County wants to assure that its interest in CBT Project water is
recognized and that the water rights be kept with the land." CBT Project units dedicated to the land
will not count against the municipal ownership limitation for CBT Project water. It goes on to say
that Director Brown asked if the District should let other counties know this option is available. Brian
Werner said that he is currently working with Larimer County and will make them aware of this
option.
"It seems to me that this wasn't discussed in all the discussions we've had about the limitations clause
for water supply, and that's why I'm raising it now," Mr. Goldman said. "Is that something Fort
Collins can do?" "Some of the Council members have talked about the concept of somehow acquiring
agricultural land and keeping it in agriculture use by conservation easements and the water stays
there," Mr. Smith related. Mr. Bigham explained that when the property is purchased, they purchase
not only the native (or base) water rights, but also the CBT water that was allotted to it. In the
easement agreement the land and water stay in agriculture, or whatever, and they stay tied together.
It isn't committed to anything other than that piece of land, whether it's used or not. "I think, with the
formula the District has for CBT limits, if you have long term leases for your water, that's not counted
either," Mr. Smith responded. "Anything 5 years or up is not counted," Mr. Bigham added. "It's
basically the same issue," Mr. Smith remarked. "So this wouldn't increase the water supply, because
it would have to be tied to those easements?" Mr. Goldman asked. "That's right, it wouldn't count
against us," Dennis Bode confirmed.
•
Water Board Minutes
December 15, 1995
Page 13
"Related to that, following up on our last Board meeting when we talked about the interim
guidelines," Tom Brown began, "has there been any inter -action with Eric Wilkinson or his staff on
that topic?" "They have expressed some interest in getting together," Mike Smith replied. Dennis
Bode said he hadn't heard anything directly. They have said they are interested in some of the ideas
that emerged from the meeting. Mr. Smith said that John Bartholow went to their board meeting and
reported that there was some discussion of some of the options we talked about. Mr. Smith said that
staff will probably meet with them and see what they are open to and come back to the Board with
an update.
Mr. Bigham said the District's next board meeting is the second Friday of January, and Utility staff
and Board members are welcome to attend. He also said that Water Board and staff now receive the
agendas ahead of time, and that any action items would appear on those. There is also a study session
the Thursday prior to the meeting, and "that's where the real discussion comes about, but there is no
action taken as a general rule. We'll make sure you get the agendas for those sessions as well," he
said. Tom Brown said he was glad that John Bartholow was able to attend the last board meeting.
League of Women Voters Session on Water Issues
Terry Podmore attended a session in November on "Colorado Water Use and Abuse." "It was well
done and they had a good turnout for a snowy Monday night," he said. John Bartholow and Dave
Lauer were there also. In the informal discussion afterwards, he was asked a question he couldn't
answer. The question was "in our draft plan, do we have any schedule for pulling back the water that
we currently lease out to agriculture?" "I don't think that's discussed in the draft plan," Dennis Bode
replied. "It might be in the Water Supply Policy. When we purchased some of that water, we entered
into ten-year lease back agreements, and we are in about the seventh year now. Once that initial lease
period is over, we lease on a year-to-year basis," he explained. "If we foresee next year being a
problem, we just don't lease the water; is that correct?" Tom Sanders asked. "That's right," Mr. Bode
replied. "Do we hold part or all of it back and do we spread it out over the region somehow?" Mr.
Podmore wanted to know. "It depends on projections," Mr. Smith replied. Water Resources staff do
projections in the late winter of the year, and before the leasing starts, to determine what our existing
supply is, and estimate the worst case condition to make sure we have enough water. According to
conditions, they will determine how much water can be leased and still be safe, he explained. "What
is the affect of that on the agricultural community?" Mr. Podmore asked. "It depends on the season.
Sometimes, if you have less water to lease and you have a wet spring or summer, you won't lease it
all anyway," Mr. Smith said. "It depends on supply and demand and you never know what the
demand is going to be. In the worst case scenario, if you don't have the water to lease, you don't lease
any. The people who lease water take the risk of not getting water," he pointed out.
"Water Intelligence Monthly" Status
Mr. Podmore wondered what happened to the "Water Intelligence Monthly." "We haven't been
getting it in recent months." Mr. Bode explained that there are two different reports now: one is a
quarterly summarythat's kind of a glossy report, and "I think we just re -subscribed to that," he said.
Water Board Minutes
December 15, 1995
Page 14
The publisher has made some changes. "I thought that report was quite useful," Mr. Podmore said,
"and if we could get it back in some form, I would appreciate it." Staff hasn't been receiving the
monthly report for quite some time either, Mr. Smith related. Mr. Bode said that we may start getting
some kind of monthly report again, and if so Board members will receive copies. Mr. Bode added that
the quarterly report now contains a summary of CBT transactions.
"Water Quad" at CSU
Robert Ward announced that part of the old CSU Vet. Hospital on campus has been torn down. In
that area, once they finish building the Statistics Hall, they are going to landscape it into a "Water
Quad." This project will be recognize that CSU has a long history of water resources development
in the West, and it will be highlighted in that quad. EDAW is the firm that will design and install the
landscaping.
ADJOURNMENT
Since there was no further business, the meeting was adjourned a 4:40 p.m.
Water Boar Secretary