Loading...
HomeMy WebLinkAboutWater Board - Minutes - 04/12/1974April 12, 1974 3:30 P.M. Present: Ward Fischer Harvey Johnson Fred Feit W. G. Wilkinson Norman Evans Everett Richardson Karl E. Carson Bernard Cain, Jr. Robert Brunton Absent: Owen Moore James Waltz Staff members present: Liquin, Hilgenberg, Hoffman, Cain, March and Le,41s. Council members present: Councilwomen Gray and Reeves. Minutes of Special Meeting March 12, 1974 approved Chairman Fischer stated copies of the minutes had been received; hearing no corrections, the minutes stood approved as published. Determination of rental of Surplus Water to replace water in the Poudre River -replace- ment for well water Chairman Fischer stated Secretary Verna Lewis has indicated that indivi- dual well users have requested the right to rent water for the purpose of supplementing their well under the rules and regulations of the Division Engineer of Division I. The Chairman had advised her not to honor these requests, at least temporarily, pending the decision of the Water Board, because it was his understanding that the Northern Colorado Water Conser- vancy District will not recognize transfers for individual well users; they will recognize transfers for the depletion allowance if it is made by a group such as the Ground Water Association of the South Platte, or something else, but not individual well users. Further the City could find itself in an administrative nighmare trying to account to the Northern Colorado Water Conservancy District just to where the water is going. The Chair then opened the discussion to the Board on this matter and explained again the rules and regulations regarding wells. Board member Dugan Wilkinson stated the Engineer's office had suggested that everyone get into some kind of organization such as Ground Water Users of the South Platte or Larimer County WeIL users, or some other group. . • Page 2 Board member Wilkinson made a motion, seconded by Norman Evans, that the City continue to rent out water for direct irrigation, as heretofore, that the City decline to lease it to individuals for purposes of satisfying depletion allowances as required by the State Engineer regulations, but that this latter prohibition does not prevent the City from leasing water to such organizations GASP or ditch companies or the like for the purposes of allowing them to work out plans of augmentation. The Chairman put the question which was unanimously adopted. Chairman Ward Fischer stated that the question would come up as to the leasing of some of the City's water other than iiorsetooth for the purposes of well depletion. The Chair ruled that the City cannot lease; these waters must be diverted at the head gate of the ditch, where they are appropriated and the Division Engineer will not recognize any call to any other place and therefore, the City is unable to comply with any depletion requirements in a cooperative way because of the state of the law at this time. Assessments for Surplus Water Rental for 1974 Chairman Ward Fischer stated the first item is the assessment for Northern Colorado Conservancy District water (Horsetooth), the administration is recommending $7.00 an acre foot. At the outset of the meeting the Chairman had stated that the Water Board would assume that the administrative staff would make a determination of what amount of water will be held for City operation. The staff had also recommended higher handling fees to compensate for higher postal rates, etc., for administrative processing. Board member Wilkinson stated he felt the charge to be excessive. Board member Richardson stated that at the Engineering Research Center, they were charging $10.00 an acre foot and losing money. City Manager Brunton stated if the cost of water was calculated out; just in the investment, it would figure out $30.00 an acre foot before we even got started,. The City can never recover the costs, but if you start talk- ing about cost figures, you were talking about $35.60 to $40.00 an acre foot. Board member Everett Richardson made a motion, seconded by Norman Evans, to charge the $7.00 per acre foot as the administration recommended. The Chairman put the question which was unanimously adopted. Board member Richardson made a motion, seconded by Dugan Wilkinson, to set the assessment for North Poudre water at $38.50 a share. The Chairman put the question which was unanimously adopted. Board member Dugan Wilkinson made a motion, seconded by Fred Feit, to set the assessment for Pleasant Valley and lake Canal water at $00.00 a share The Chairman put the question which was unanimously adopted. raga J Board member Dugan Wilkinson made a motion, seconded by Karl Carson, to set the assessment at .4.00 for Arthur Irrigation water and $60.00 for New Mercer water. The Chairman put the question which was unanimously adopted. Chairman Fischer stated Larimer County No. 2 will not be rented but will be held for City use at the Golf Course as will Warren Lake water. Water Supply and Storage water will be rented back to the Company for $850.00 per share. Other business 1. The Chairman stated he wanted to call to the attention of the Water Board, as a.matter of information, an item concerning further communica- tion in regard to the Windy Gap Project and some projections as to to cost amortization, etc. 2. City Attorney March stated he had been contacted by Lyle Carpenter, who is the developer on what is called Evergreen Park. The farm was formerly irrigated by No. 10, or Eaton Ditch that comes out of the Eaton Contract, which is a free water right contract. It was similar to the Jackson Ditch water which the City had tried to buy and transfer up the river at that time the Supreme Court ruled that those rights were not removed from the land on which they were located. Mr. Carpenter has asked if the City will take this water under any cir- cumstances. Mr. March had advised him that the City would not accept the water if it cannot be moved. Mr. Carpenter then inquired if the City would then take it if he were successful in moving it. Mr. March had advised him he would bring the matter to the Water Board for a recommenda- tion. City Attorney March further stated that Mr. Carpenter would soon be needing water service, and will need to furnish either water or cash in exchange for service. The City has, in the past, in the case of the Southside ditches, entered into agreements on a few occasions, that the developer may put up the money, which represents the water rights he would have to furnish and for a period of time the City will hold money and if he gets satisfactory water to us, we will return the money and take water. The question is (1) would the Water Board have any objection to his furnishing cash with a contract that he gets his money back if he gives us an equivalent amount of water which the City can use, and (2) does the Water Board think the City should take any part in any litigation along that line. The Board discussed this matter at length. The consensus of the Board was that the City is not interested in acquiring rights in the No. 10 Ditch Company as such; that if Mr. Carpenter wishes to work out an arrange- ment for the rights of the No. 10 Ditch which might be made useful to the City; which would have to be under some contract acceptable to the Water • Page 4 Board, then the Board would consider it, and it would probably entail his changing the rights and the City working out an agreement, at his expense, with North Poudre, or something like that, to make it useful. Also, it was the clear consensus that the City wants nothing to do with any litigation with the Larimer and Weld system. 3. Director of Public Works, Chuck Liquin, stated he had an item of inform- ation; the City had retained Mr. Paul Tullis of Colorado State University to take care of the pressure problem at Water Plant No. 2. The design is complete and appears to extend to $25,000 in materials. This item will be on the agenda for Council approval on April 18; delivery will be in about October; putting it in force account. City Manager Brunton stated the City would be saving from $15,000 to $25,000 by doing it in this manner, rather than going to a straight Engineering Contract. Adjournment Nothing further to discuss, the Board adjourned. � � ( 2- �i ir�ii an ATTEST: ecretary ,