HomeMy WebLinkAboutWater Board - Minutes - 03/14/1975•
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WATER BOARD
March 14, 1975
3:30 P.M.
Present: Ward Fischer
Bernard Cain, Jr.
Raymond Anderson
Henry Caulfield
Everett Richardson
Norm Evans
W. G. Wilkinson
Absent: Karl E. Carson
Harvey Johnson
James Waltz
Robert Brunton
Staff members present: Liquin, Alexander, Hilgenberg, and Lewis
Also: City Attorney March
Report from Subcommittee
on Current Legislation
Board member Caulfield stated he was requested to follow Federal legislation.
He reported there is a National Water Conference that was announced by the
Water Resources Council. Mr. Caulfield will be present at the Conference.
The Conference signals an interest in the role of water in respect to national
affairs. He will keep the Water Board informed on this. An action that is
of indirect concern is President Ford included in the Federal Budget for
1976 the first funding for the five irrigation projects in the Colorado Basin
Project Act of 1968.
Minutes of Regular Meeting of
February 14, 1975, approved
Chairman Fischer inquired if there were any corrections to the minutes.
Hearing none, he declared the minutes approved as published.
Report on Minimum River Flow
Chairman Fischer reported that in 1974, the Colorado Legislature passed a
bill that allowed the State of Colorado through the Water Conservation Board
to obtain an appropriation for a minimum stream flow. This legislation considered
this necessary, because of a supreme court case which denied the right to
appropriate all of the stream to a private individual on the grounds that
this did not constitute a beneficial use of water. Aesthetic purposes in
this region were not considered as important as irrigation purposes, and
so forth, This legislature allows the State of Colorado to make minimum
stream flow determinations for aesthetic purposes, which include fish life.
The water users were not upset when this legislatuun passed because there
has been a general acceptance of the concept that flows in streams for fish
propogation �. lake levels is a beneficial use, and the Water Conservation
Board would balance the various conflicting demands on the water before a
minimum stream flow would be allowed.
It did not work out this way because the authority has been somewhat advocated
to the State Game and Fish Department to determine what minimum stream flows
are desirable. Game and Fish decided they should recommend to the Water
Conservation Board a minimum stream flow appropriation on the Poudre River
from Rustic to just below Fort Collins of 30 cubic feet per second in the
winter and 65 cubic feet per second in the summer.
There is no time during the year that the existing senior appropriations
do not dry up the stream at one time or another between these points. From
that standpoint, Game and Fish could get nothing. But this will do great
harm to the Poudre Basin. First, exchanges would be prohibited. It is required
before an exchange be allowed, a determination is made that the exchange
does not hurt either a senior appropriator or a junior appropriator. These
exchanges would hurt the 1975 minimum stream flow appropriation.
Board member Caulfield inquired if these exchanges were court approved.
Chairman Fischer advised him that they were not. Petitions could be filed
to seek court approval and priority for existing and future exchanges, but
this would not protect the future exchanges. Some of the concerns are,
first, the imaginitive approaches that will allow better exchanges in the
future than we have now; second, we could not re -use water except by exchange,
and this is an exchange which cannot be protected by our present court decree,
because it doesn't exist; and third, it would prevent the possibility of
obtaining any future change in the point of diversions, because such a change
will be allowed only if you do not injure junior appropriators, which this
would do. Instead of interfering with agricultural use, the City acquires
rights in ditches which are overgrown by the City, and cannot make use of
these waters without changing the point of diversion.
The Cache La Poudre Water Users Association, which this City is a member,
protested this in front of the Water Conservation Board, and will continue
to do so. The Board will consider it May 2 in Grand Junction, and the Water
Users Association will be present and a decision will be made.
Chairman Fischer further stated that Dr.Richardson has developed a simulated
model of the Poudre River, which by using the proper figures, and inserting
them into a computer, can analyze the effects of diversions at various points,
the existing diversions, and the effect of the minimum stream flow superimposed
as it effects the exchanges. Mr Fischer stated we would like to present
this evidence, which will graphically indicate what the problem is. The
Water Board could take action if they wanted to, but if they don't, their
views will be expressed. Mr. Fischer added if the cost was known to run
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the simulation, the Water Board might consider contributing something to
the presentation.
Board member Richardson stated he has had students working on a computer
simulation model that can be used to study and manage the delivery of water.
This model tells the flow variation on the whole Poudre River from the mouth
of the canyo- to Greeley including the Reservoirs. We can tell from this,
if they want to keep so much water, what that would do to any exchanges
Jack Neutze might try to operate. We can take past historical records and
run those through for a dry year, and knowing every day what the water is
at the mouth and at various points of the river, we will know what would
happen if we had to maintain a given amount of water in a given stretch.
The problem is how to illustrate computer printouts in such a way that it
will graphically show what this will lead to. The next studies will be on
economic consequences. Mr Richardson advised the Board that the cost will
be the running, analyzing, and presenting the program, not the development
of the program.
Board member Caulfield inquired if we are fighting the general principle of
maintain a fishery, aesthetic, and recreational Poudre River. Chairman
Fischer responded that we do not quarrel with the concept of aesthetics.
If they will allow their proposed decree for their minimum stream flows
to be subordinated to our right to exchange and change our point of diversions
as they exist now and in the future, then there is no problem. If their
desire is to acquire water rights to release and they want this appropriation
to keep other appropriators from stealing their water, we will consent to
it under those conditions, and we will attempt to find water to acquire for
this purpose.
Board member Richardson stated that we have been arguing that we don't have
a viable fishery downstream of Fort Collins. Mr. Liquin stated that we
are trying to be reclassified from a B2 stream to a C stream from College
Avenue on down. Board member Evans stated the Game and Fish position on
this is they agree there is no viable fishery. They have not established
an official position on this as yet.
Board member Caulfield inquired if the Board needed a position on this at
this time. Mr. Liquin stated not at this time. He felt that after we get
some more information, it is his recommendation that we should participate
in taking the computer model to Grand Junction.
Chairman Fischer stated tho .Association is going to meet with Game and Fish
again and hopes it will be resolved at that meeting.
Report on Plant Investment Fees
Mr. Liquin advised the Board that the Developer Engineers Committee meet
every year and discuss plant investment fees. The recommendation to the
Council is to increase water plant investment fees by 26% and sewer by 20%.
There are nationally published indexes on construction costs in the area.
The Engineering News Record handles sewer and the Handy -Whitman handles water.
MKM
Report on U.S. Geological Survey Gaging Station
Mr. Liquin stated that we put a gaging station on the Michigan River just
above Michigan Ditch, and one in the vicinity of Joe Wright Reservoir. It
was felt desirable to actually know what the flow in the river would be as
it approache. the Sewer Plants. We have a proposal from the U.S. Geological.
Survey, where they will put a gaging station 150 feet downstream from the
Lincoln Street Bridge. They will also sample the water and it was felt we
should have a sampling station somewhere by the rest area of the highway.
This has been approved.
Report on Bids on Sewer Treatment Plant #1
Mr. Liquin stated the recommendation to the Council on the bids on Sewer
Plant 41 will be to hire Faith Contracting Company with a low bid of
$736,000.
Mr. Liquin added that on Cameron Pass there is about 6 feet of snow, and
Jack Neutze feels that we have about 90% water content of normal this year.
Also, we have set a tentative date for the formal hearing on the Impact
Analysis. It will be held at the Savings Building, Friendship Room, on
April 2, 1975, at 7:00 p.m.
Consider meeting with the NCWCD on allotment contract
with the Platte River Power Authoritv
City Attorney March reported he did not attend the last meeting of NCWCD,
but he received the latest draft of the contract and all the objections
he had have been resolved, providing there is a firm understanding that
when the allotment is in Platte River's name, all the City's obligation
ceases, and they will accept Platte River. It appears everything is in
order and they will allow the transfer. Mr. March will follow up on this
and verify the contract.
Consider Offer to Purchase 2/30th Share of
Pleasant Valley and Lake Canal water from
Fred M. Wise, 2411 West Vine Drive
Mr. Fred Wise of 2411 West Vine Drive offered to sell 2/30th of one share
of Pleasant Valley and Lake Canal water. After some discussion, the Board
decided to buy it at the going price of $2400 a share. The Chairman put
the motion, which was passed unanimously.
Other Business
1. Chairman Fischer stated Mr. Brunton received a letter from Rob Lee
& Associates, Inc. asking permission to connect to the City sewer
system at Horsetooth Road and Taft Road. City Attorney March
recommended to approve this, contingent upon their water bills will
be paid and brought current, and they get a waver from Light & Power.
The Chair put the motion, which was passed unanimously.
2. Mr. Liquin stated the Water Meter Study would be finished about March 25,
at which time we will make copies and send a copy of the study to each
of the members of the Water Board. Chairman Fischer stated if the study
is finished in time, to establish the April meeting time at 3:00. If not,
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the Board will meet at 3:30. The next regular meeting of the Water Board
will be April 18, 1975.
Adjournment
There being no further business, the meeting adjourned.
ATTEST:
cretary
Chairman
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