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HomeMy WebLinkAboutWater Board - Minutes - 09/21/1990Water Board Minutes September 21, 1990 3:00 - 4:35 P.M. Light and Power Conference Room 700 Wood Street Members Present Henry Caulfield, President, Tom Sanders, Vice President, Ray Herrmann, Terry Podmore, Tim Dow, Tom Moore, MaryLou Smith, Mark Casey, Tom Brown, Paul Clopper (alt.), Dave Stewart (alt.) Staff Mike Smith, Dennis Bode, Wendy Williams, Roger Buffington, Andy Pineda, Mark Taylor, Tom Gallier, Ben Alexander, Molly Nortier, Paul Eckman, Assistant City Attorney Guests Darell Zimbleman, Associate General Manager, Northern Colorado Water Conservancy District Dorothy Huff, Observer Larimer County League of Women Voters Member Absent Neil Grigg President Henry Caulfield opened the meeting. The following items were discussed: Minutes The minutes of August 17, 1990 were approved as distributed. Darell Zimbleman, Associate General Manager, began by saying that the Northern District appreciated the recent letter from Mayor Kirkpatrick stating that Fort Collins supports, in principle, the District's involvement in opposing the City of Thornton's water right filings. Mr. Zimbleman took the "in principle" to mean that the support does not include money. Mr. Caulfield stated that the word means a number of things. He explained that Fort Collins has hired an attorney to handle legal matters relating to the Thornton matter and these interests pertain specifically to the City. Mr. Zimbleman pointed out that the District has budgeted very little for maintenance next year. "At some point, for the good of all of us, the District can't fight these regional battles and forget maintenance," he asserted. In the long term, the other water users are going to have to help if they want the District to carry these regional issues, he added. Water Board Minutes September 21, 1990 Page 2 Mr. Caulfield contends that if cooperation is desired, there should be meetings to define exactly the situation for each of the participants, "without any blank checks from anyone." Mr. Zimbleman insisted that the District isn't asking for a "blank check." Mr. Zimbleman pointed out in the minutes from the August Water Board meeting that there was some discussion of basin of origin legislation. He cautioned the group not to get so intent on challenging this concept that they run the risk of destroying the flexibility of the CBT system. Every year either permanently or on an annual rental basis, water is moved all over the District boundaries from one basin to another. The District does not want to get into the position where some basin of origin legislation prevents that flexibility. Mr. Caulfield brought the Board's attention to a letter from Mayor Kirkpatrick to Senator McCormick. Wendy Williams, Legislative Affairs Coordinator, explained that that letter emerged not in response to the basin of origin matter, but to legislation that Sen. McCormick is proposing that would deal with de -watering of irrigated land. He requested at the last Interim Water Committee meeting, that anyone who has concerns about the issue should make him aware of them. The City of Fort Collins is using the issue to bring up the quality of water concern. Mr. Caulfield asked Mr. Zimbleman what the District's specific concern is about basin of origin legislation. He reiterated that it is the District's concern that any legislation should not be so restrictive as to destroy the flexibility of the CBT system or the Windy Gap system, and their ability, on an annual basis, to transfer water from one basin to another. Ms. Williams stated that it is anticipated that there will be 3 or 4 basin of origin bills this session, but staff has not yet seen specific language on any of them. Mr. Zimbleman then discussed the issue of carryover storage. He explained that it is the District Board's goal to try to arrange a way that water users who have water left at the end of the year, do not run that water to plains reservoirs. There are two reasons for this: 1) The evaporation and seepage for plains reservoirs is greater than if the water was left in the CBT system; 2) By running that water to the plains reservoirs in the fall, they are unable to capture the spring runoff because the reservoirs are full of last year's CBT water. Mr. Zimbleman said there was a carryover policy 2 years ago, and it was cancelled primarily, but not exclusively, because there were people who were trying to take undue advantage of the situation by transferring water, then trying to rent it or sell it. "It got to the point that people were trying to manipulate the system," he claimed. Since that time the District board has had another chance to look at it, and the new policy is an attempt at a new approach and a new attempt at carryover. Basically it says that any water that is left at the end of Water Board Minutes September 21, 1990 Page 3 October can be carried over and the water user can take delivery of it any time between April 1 and July 15. Previously there was a very narrow time period in which carryover could be run and that was basically in the month of May. What the District has attempted to do is: 1) Make the water available for early irrigation if that is necessary before the east slope runoff occurs. 2) Extend the carryover far enough into the year so that the east slope runoff is completed. If there is room left in the reservoirs, people can run the CBT to fill their reservoirs. 3) If east slope runoff is so great that everything is full, nobody is going to have a chance to run the carryover water by July 15, and it will cancel and go back into the system. 4) Stipulate that the transfer of water from one entity to another, must occur prior to October 31st. Each Water Board member received a copy of the carryover storage notification from the NCWCD. Attached was a list of 9 rules and regulations for the Carryover policy. Mike Smith asked about municipalities who use the water directly and don't use plains reservoirs. Can't they use it befpre April of the next year? "Not technically," Mr. Zimbleman replied. What you do is draw on next year's quota early; between the first of the year and April 15. Does drawing on next year's quota include the carryover? Mr. Smith continued. "No, not technically, but what difference does it make," Mr. Zimbleman responded. "It's simply an accounting process." In the future, if it makes sense to allow municipalities to use the carryover before they use next year's quota, the Board may change that. The Board has said in their policy that they will look at it each year and continue to refine it. Mr. Zimbleman explained that carryover is a "two edged sword." As the Board sets its quota each year, they basically know how much water is needed by the basin. They subtract local reservoirs and east slope runoff, and they add enough to the system "to make a full water supply." Now carryover is going to be included in that, so carryover will tend to decrease next year's quota. "When you talk about carryover in a year when there is a 50% quota, I presume that because of the rains, the quota hasn't been used very much; except in a few cases," Mr. Caulfield observed. "We will deliver only about 70% of the 50% quota, Mr. Zimbleman replied. Dennis Bode remarked that he thinks the beauty of the carryover program is that it allows some flexibility for rural domestics and others to even out over several years. It also evens out people's supplies who have too much water or not quite enough, he said. He doesn't see the advantage of having Water Board Minutes September 21, 1990 Page 4 restrictions on "renting the water back and forth." If we want the flexibility of having water go where it is needed, additional flexibility would be desirable. "Increasing the flexibility opens the door for people to play games with the water and to do more speculation," Mr. Zimbleman insisted. "Frankly what happened last time is that people were trying to buy, sell, rent and transfer," he added. "Why not?" Mr. Bode responded. "Because the system is here to provide water users with a full water supply, not as a manipulative device for people to try to make an extra buck," Mr. Zimbleman asserted. Mr. Caulfield expressed his and the Board's sympathy to Mr. Zimbleman for the three NCWCD employees who recently drowned in Grand Lake. Conflicts of Interest Copies of 4 pages on conflicts of interest from the Boards and Commissions Manual were included in Board packets. It was pointed out that each person with a potential conflict of interest is now required to file a written statement of disclosure with the City Clerk's Office. Assistant City Attorney Paul Eckman said that he didn't have anthing to add to what the Board received, except if a board member has a question as to whether or not he/she has a conflict, Mr. Eckman can't make that decision. Each person must search his/her own mind, he said, and if he/she continues to have doubts, there is a mechanism where the Council liaison to the board can bring that question to the Council Ethics Committee, and they will help that person make a decision. Tim Dow asked about the section on Disclosure of Confidences on p. 2. It states that confidential information from City staff should not be used for the private benefit of board or commisison members or any other individual. "Why not just have a provision that states, if it's confidential, don't talk about it." It may be significant from a policy standpoint, but it has a difficult to measure impact financially for the City, he believes. Mr. Eckman replied that it appears the City Charter doesn't deal with that. He said he would look at the ordinance that applies to that question. Mr. Caulfield pointed out among the items that are not excluded are things suchs as meals, lodging, travel expenses, tickets to sporting, recreational and cultural events. That seems to be an open door, that for example, the federal government would never allow, he said. Mr. Eckman confirmed that these items were expressly exempted in the ordinance the Council adopted. Mr. Caulfield indicated that three Water Board members have considered their conflict of interest status with regard to the Thornton issue. Update on Demand Management Committee Mr. Caulfield drew the attention of the Board members to the conclusions from the Demand Management Committee minutes of August 9th and 29th. He asked the members to review the conclusions and offer suggestions, comments or questions. Water Board Minutes September 21, 1990 Page 5 Following a brief discussion, Ray Herrmann moved that the Water Board endorse the conclusions from the August 9th and 29th minutes of the Demand Managment Committee. Terry Podmore seconded the motion. A vote was taken and Tom Sanders abstained because he believes there is an inequity between what residential customers and commercial customers pay per 1000 gallons. He thinks industry does not pay its fair share. Mr. Caulfield pointed out that this issue was raised a few years ago when a consultant studied the rate question. Mr. Caulfield suggested that it may be prudent to discuss this issue at a later time. The remainder of the Board members voted unanimously to endorse the conclusions in the DMC minutes. Staff Reports Treated Water Production Summary Copies of the treated water production summary were distributed. Dennis Bode reported that in August treated water production was 96% of the projected use. So far in September, because of a number of hot days, we are 20% above our projected use. Purchase of Rangeland for Resource Recovery Mike Smith reported that on October 2, the City Council will be considering the purchase of rangeland for Resource Recovery. Tom Moore asked if the City will continue to use that as rangeland. "Definitely," Mr. Smith replied. We are required to do so. The group that now owns it will have the first option to lease it. Tom Sanders asked if we could make a profit. Mr. Smith replied that "our lease rate will be competitive." Mr. Smith went on to say that as the City improves the rangeland by applying sludge, an increased number of cattle may be able to use it. Tom Sanders asked if the rangeland will be managed properly so there won't be over -grazing, etc. "Yes, it will," Mr. Smith replied; "Over -grazing is a serious concern." Mr. Smith said that more information will be available as the process evolves. Committee Reports Legislative and Finance Committee Wendy Williams announced that the Interim Water Committee is having their final meeting on October 3rd. They will be looking at draft legislation then, she said. Several items have been proposed: Three or four bills dealing with basin of origin; a proposal that calls for a state-wide water plan; a possibility of amending SB181, a bill passed last year dealing with how the State .Engineer's office and the Water Quality Control Commission relate with the Water Conservation Board --water quantity and quality issues need clarification in some aspects of that bill. Water Board Minutes September 21, 1990 Page 6 Last year there was a bill that was defeated that would have established a statutory standing water committee instead of an interim water committee each year. That bill will be re -introduced. Another bill would give the Colorado Health Department control over the storm water discharge permit program --setting up the fees for that. There are also several water conservation bills that will be introduced. A Bill that Senator Anderson is trying to get introduced deals with clarifying some aspects of the instream flow program. Another proposed bill would allow the state to hold water without the due diligence requirements. The Interim Water Committee plans to sponsor only 5 bills, but that doesn't mean that some of the other bills won't be sponsored by individual members. Henry Caulfield mentioned one other proposed bill and that is the election of directors to the Northern Colorado Water Conservancy District Board. However, the Interim Committee is not going to sponsor that. Ms. Williams said that staff will meet with the Water Board Legislative Committee as soon as there are some bills to respond to. Conservation and Public Education Committee Chairperson Mary Lou Smith is also a member of the Demand Management Committee. She emphasized that along with the implementation of a metering program, other conservation measures and approaches are also considered as part of that committee's charge. Engineering Committee Members of the Engineering Committee met with staff a few days ago to review the Standard Construction Specifications for Sanitary Sewers document, which has been revised recently by staff. Paul Clopper, acting chairman, reported that the Engineering Committee has reviewed the revised document and the committee is ready to make a recommendation. Systems Engineer Roger Buffington explained that staff updated, this past year, the Standard Construction Specifications for Sanitary Sewers, which deals with sanitary sewers in the range of B"-15" that would be found in most subdivisions and small commercial developments. He pointed out that above that size, an individual specification for each project is needed to address the different issues. The previous document dates back to the mid to late 70s, so it was time for some revisions. Mr. Buffington said that staff worked with a Committee from the Associated Contractors of Northern Colorado during the revision process. He also said the Water Board Engineering Committee has made a few suggestions that staff will incorporate now and consider for future updates. Paul Clopper explained that basically, the document provides guidance for both contractors and developers, as well as City staff and field crews, in terms of proper use of materials, proper compaction, etc. Water Board Minutes September 21, 1990 Page 7 Mr. Clopper said the Committee reviewed the document and found it to be acceptable. He therefore moved that the Water Board endorse the recommendation of the Engineering Committee to approve the revised Construction Specifications for Sanitary Sewers. Tom Moore seconded the motion. Mr. Clopper pointed out that the Committee suggested the following revision when construction is occurring in the immediate vicinity of facilities under the control of other Utilities (e.g. Light and Power or Storm Drainage): Reference should be made to the specifications of each of the Utilities involved, to insure that each of their concerns and interests is considered. Mr. Buffington confirmed that, although there are places in the document that already make this reference, it would be good to include a general statement in one of the initial sections. Mr. Caulfield asked how this document relates to stormwater infiltrating the sewer lines. Mr. Buffington related that there are additional testing procedures in the document which provide a means to analyze the quality of construction to minimize, and if possible, prohibit the infiltration. Newer materials also help to prevent that. Tom Moore asked if there were any new materials that have been included in the document which are better. Mr. Buffington said that in terms of material, the old specifications did not include PVC sewers which have been found to be much better than the vitrified clay pipe. "Is there anything on terminal clean -outs?" Tom Sanders asked. "We require manholes," Mr. Buffington replied. Paul Clopper stressed that larger projects aren't constructed solely under these specs. They may have plans and specifications that are unique to each project. The question was called. The Board voted unanimously to endorse the Engineering Committee recommendation. Dave Stewart abstained because he was not able to attend the committee meeting. Other Business Environmental Management Plan At the last meeting, it was expected that the agenda for the September meeting would include the Water and Wastewater Environmental Management Plan with information from the Natural Resources Department sent in the Board packets. In the meantime, the City Council met in work session on this matter. Mr. Caulfield participated rather heavily in that meeting. Essentially, what Mr. Caulfield was concerned about was that the Natural Resources Department would not receive the Council's approval of a document that they were presenting which the Water Board hadn't seen. The Council agreed that these matters should not be acted upon by them until the Board had an Water Board Minutes September 21, 1990 Page 8 opportunity to review the document. In addition, Mr. Caulfield related that the Council has no objections if, after reviewing the document, the boards and commissions come to the Council with alternate points of view. Natural Resources staff has been meeting with Water and Wastewater Utility staff but Natural Resources was not prepared to distribute any information to board members prior to this meeting. Mr. Caulfield stressed that he had made it clear to staff that he would not consider anything at today's meeting on this subject unless each Board member had received copies ahead of time and had a chance to review it. Staff from Natural Resources has asked to be put on the October Water Board agenda. They have assured staff that information will be ready to be sent out in the Water Board packets in advance of the meeting. Coordination of City Boards and Commissions Mr. Caulfield went on to say that the Council strongly favors the idea of coordination of Boards. He reported that there will be a meeting in early October of all the Board presidents and Council liaisons when the Council will discuss what they have in mind in relation to the cooperation of the City's Boards and Commissions. Election of Officers Mr. Caulfield announced that October is the month when the election of officers is held. He reiterated that he will not apply for re -appointment to the Board after his term expires in July of 1991. However, he said he would be glad to remain on as president until that time if that is the desire of the Board. After July the duly elected vice-president would assume the presidency until the next election of officers the following October. Halligan Reservoir Update Tom Moore asked the status of Halligan Reservoir. Mike Smith stated that a preliminary proposed draft of a contract was submitted to the Board of Directors about 3 weeks ago, but, as yet, staff has not received a response. Yield of the Michigan Ditch and Cost of Water Tom Sanders asked the yield of the Michigan Ditch this year. Dennis Bode said that we diverted over 2000 AF. Dr. Sanders also asked if there were any bargains in water out there and at what price. Mr. Bode replied that according to the Water Intelligence Monthly, recent transactions recorded sales of CBT water for about $1400. Conserve 90 Conference Mr. Caulfield asked Mary Lou Smith to report on the Conserve 90 Conference in Phoenix in August. She said that she was very impressed with the conference. There was a wealth of information presented by people from all over the United States and some foreign countries, and there was a great variety of sessions throughout the 5 day event. Water Board Minutes September 21, 1990 Page 9 Water Board members who attended besides Ms. Smith were Ray Herrmann, who was on the program committee, and Neil Grigg who presented a paper. Staff members who participated in the conference were Webb Jones, Jim Clark and Molly Nortier. Dave Stewart wanted to give some positive recognition to the Water Utility crews. He said that there was a water main break in front of his house last Sunday night and the Water Department people came out at 2:00 A.M. to repair it. He was impressed with the service. Since there was no further business, the meeting was adjourned at 4:35 P.M. rn Water Board Secretary