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HomeMy WebLinkAboutWater Board - Minutes - 07/19/1974SPECIAL MEETING WATER LARD July 19, 1974 1:30 P.M. Pursuant to Chapter 8, Section 8-2 (B) of the Code of the City of Fort Collins, Chairman Ward Fischer had filed a statement with the City Clerk giving notice of the Special Meeting. Present: Ward Fischer Norman Evans Bernard Cain, Jr. Henry P. Caulfield, Jr. Raymond L. Anderson Karl E. Carson Harvey Johnson W. G. Wilkinson Robert Brunton Absent: James P. Waltz Everett V. Richardson Staff members present: Liquin, Cain, March and Lewis. Also: Stan Case, President Platte River Power Association Mr. Al Hamilton, Manager Platte River Power Association. Members of News Media Chairman Ward Fischer called the meeting to order and explained the pur- pose of the meeting as follows: To consider whether or not the Water Board should recommend to the City Council participation in the Windy Gap project, and if so, how much, and then if not, what, if anything should be done relative to a suggestion by the Platte River Power Authority about their possible use of such water. Basically, the Board has the threshold question of whether or not, the City of Fort Collins should participate in Windy Gap for its own purposes. I£ it is decided that it should, the second question would be to the extent that it should participate. Should it be the decision not to participate, then the Platte River Authority representatives would explain their wishes as far as possibly having some contractual arrangement with the City where they might participate. Chairman Ward Fischer next reviewed the Windy Gap projects which contemplates the development of some 48,000 acre feet of water from the Fraser and Colorado Rivers; it contemplates a diversion dam at the mouth of Fraser River, the pumping of the water up through a pipe line through a pumping plant which can be put into the Jasper Reservoir, or releases, or pumped up to the toe of Granby Dam for fish releases. The proposed Jasper Reservoir t • • rage c is designed to capture waters from Willow Creek which can be used to sup- plement the flows of the river and from that point they can be taken directly to the Granby Reservoir. The waters, once captured, would be brought through the Adams Tunnel, which would impose a yearly charge for use of the tnnnel. The City of Fort Collins has been engaged in the project for the past several years with a contributi= of each of the Six Cities, thugfaT has been about $6,000 per year. At the last Six City subdistrict meeting, it had been decided that the Cities would substantially enlarge their activities: The proposed budget called for payments by the participants of $235,200.00, or a one -sixth share in the amount of $29,200.00. The majority of the work contemplated for the coming year is $200,000.00 to be used for concept evaluations and site investigations. Chairman Fischer advised the .Board the conditional decree for the Windy Gap project has not been awarded; the Master has recommended to the Water Judge in that area that the decree be issued, the Water Judge has expressed some concern and some reluctance, has called for briefs, and the Counsel for the subdistrict feels it will not be awarded until the Supreme Court ultimately acts on it. In the meantime, the Colorado River Water Conservation Districts have brought declaritory judgement action, not against the Six Cities involved, but against the Subdistrict, the parent district, the Bureau of Reclamation and certain officers of the Bureau. The action seeks to have the Carriage Contract declared invalid because of failure to comply with certain administrative requirements and because of the lack of an environmental statement on the project. The lack of the decree and the existance of the Colorado River Water Conservation case has caused the staff and others to conclude that the bonds that were con- templated for issuance in the near future could not, at this time, be issued. At this time the Chairman stated he would open the discussion to anyone who wished to speak on the subject, specifically, the threshold question. Board member Karl Carson expressed his concern of the proposed budget, with the many unanswered questions. Dr. Carson stated he would like the Board to make a firm recommendation to the Council at the joint meeting. .Board member Evans spoke to the legal obstacles to the detriment of the project. Chairman Fischer stated, after considerable thought on the subject, he was of the opinion that the City of Fort Collins would be well advised to avoid any commitment whatsoever to the Windy Gap project, not because there is not merit in the project, but because there are more merits in the other alternatives available to the City. The Council has already desig- nated the Joe Wright/Michigan Ditch concept as its first priority. Also the other water owned by the City. Chairman Fischer spoke also to the costs of both Joe Wright and Windy Gap, summarizing that it was his strong inclination to say "no" to the Windy Gap project, and the City should concentrate on the Poudre River Basin. Jq Board member Carson stated he agreed with the views of the Chairman and.that he would like to see Platte River pick up the City's portion. Utility Director, and President of the Platte River Association, Stan Case, spoke to the purposes of Platte River and explained the membership. City Attorney March stated he had been asked to speak on the subject and could justifiably express a policy opinion since he has been involved in the total question since its inception. Generally speaking, his comments would agree with those made by the Chairman and he would try not to repeat them. He had also come to the conclusion, independently, of Platte River's coming up at the last minute with a possible way of saving some portion of the investment with the conclusion thatat this point in time, the decision should be made not to enter into an allotment contract at all, but to go ahead and forfeit out what the City had in the project and concentrate on the Poudre River. Basically, the Board and Council had made that decision some time ago when they did decide that Joe Wright should have the first priority designation on the future water supply question and all other questions, necessarily would be behind that. In the time that has elapsed since that, he had not changed his opinion that that was a correct decision. The City does have a lack and that is of a high mountain reservoir. Board member Johnson stated he wanted the record to reflect that the City of Fort Collins is not'all fixed up with water and gave the background of the Big Thompson Project, adding that the City must have all the diversion possible and spoke further in support of assigning the City's share of the Windy Gap Project to Platte River. Mr. Albert Hamilton, General Manager of Platte River, stated Mr. Johnson's comments were important to the Board's deliberations and that it won't be a record of having turned down Windy Gap by assigning it to Platte River. Their ability to defend the assignment may very well bottomed on the fact that they are an instrumentality of Fort Collins, and they would prefer to take the assignment from the City for the purpose of producing power for the City and in that sense have a line of title to the water because their legal counsel is not all that sure there might not be a donnybrook in Loveland with the Conservancy subdistrict once this is developed as an assignment rather than a sub -contract. City Attorney March stated the Board had not reached the second question, he was not saying the City had excess water, he was saying that the City does not have the funds to develop two major projects. Board members Caulfield and Anderson inquired into the control of the Water and were.advised it would be in control of the Municipal Subdistrict. Board member Wilkinson expressed his agreement to the remarks of the Chairman . Board member Evans stated, on the threshold question, he wanted to add his concurrence. • City Manager Brunton stated the City would like to keep as many options open, for as long as possible, if they are not too costly; the City would have to double water rates to go into both projects. The staff recom- mendation is to proceed with all due haste on the Poudre River. Board member Bernard Cain, Jr, added his concurrence to proceeding with the Joe Wright concept. The Chairman reviewed the proposed assignment contract with the Board and the City Attorney reviewed the recommendation arrived at by the four attorneys in recommending an assignment rather than a sub -contract. The Water Board deliberated at great length before the following resolution was proposed: RESOLUTION OF THE FORT COLLINS WATER BOARD WHEREAS, it is the opinion of the Water Board,iafter full consideration, that the use of the waters available to the City of Fort Collins under its preferential right to one sixth of theiwaters developed at the Windy Gap Project can be best used by its electric utility as represented by the Platte River Power Authority rather than by its use within the water utility of the City of Fort Collins. It is resolved that the right of the City of Fort Collins to a preferential share of one sixth of the waters developed by the sub district should be assigned to the Platte River Power Authority, an agency and instrumentality of the City of Fort Collins, Colorado, for the production of electrical power to meet the energy requirements of the City of Fort Collins. That will be the recommendation of the Water Board to the City Council of the City of Fort Collins. Board member Karl E. Carson moved the adoption of the above resolution, which was seconded by Norman Evans vote of the Board. Passed by a unanimous e Other Business 1. City Manager Brunton inquired if the members of the Water Board would be interested in touring the Michigan Ditch/Joe Wright areas. This tour has been arranged for August 27, 1974. The Manager's office will make the arrangements and advise the Water Board and Council members. 2. Board member Evans reported on the City's request to the Water Quality Commission to make an exception on the standards on the Poudre is being put to public hearing. It has been recommended that the excep- tion be granted. Dr. Evans also spoke to the City's actions in notifying the Water Quality Commission of the amount of the bids, substantially over the estimate, and substantially over the grant, at the time the Commission was in session, allowing the Commission to take action immediately to increase the grant to meet the bids. Secondly, Dr. Evans provided a list of storage sites he had obtained from Larry Nelson of the Bureau of Reclamation. This list provided sites on the Poudre. These will be reviewed by the sub -committee of Dugan Wilkinson, Everett Richardson and Norman Evans for possible recommendations. Chairman Fischer stated, with the consent of the Board, the regular meeting of the Water Board will be held August 9, 1974, at the chair's discretion,the meeting; will be cancelled if there is not sufficient business to warrant a meeting. Adjournment With nothing further to discuss at this time the Board adjourned. ATTEST: Secretary Chairman