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HomeMy WebLinkAboutWater Board - Minutes - 01/17/1974January 17, 1974 1:00 P.M. Present: Ward Fischer W. G. Wilkinson Everett Richardson Norman Evans Fred Feit Harvey Johnson James Waltz Bernard Cain, Jr. Karl Carson Absent: Robert Brunton and Owen Moore Staff present: Chuck Liquin Ed Hilgenberg Charlie Cain Arthur March, Jr. Verna Lewis Council members present: Councilwomen Gray and Reeves. Chairman Ward Fischer stated the Board had met in executive session for complete discussion concerning a proposed contract, no action had been taken by the Board and the Board was now reconvening in open session; the matter under discussion concerned a proposed contract between the City of Fort Collins and the Water Supply and Storage Company. The chairman disclosed he is the Attorney for the Water Supply and Storage Company, Mr. Johnson disclosed he is President of the Water Supply and Storage Company and Mr. Feit disclosed he is Director of the Water Supply and Storage Company, and all three indicated they did not wish to participate in voting on the matter; therefore, Board member Evans would chair the meeting. Board member Carson made a motion, seconded by Dugan Wilkinson, to recommend to the Council the approval of the agreement. The Chairman put the question which was unanimously adopted. (Abstaining Fischer, Johnson and Feit) Board member Evans will confer with City Attorney March relating to the views of the Board relative to the amending of paragraph 4 to reflect the option. • • Page 2 Item II Recommendation of long range plans for the City Water Supply An entire afternoon of January 17, 1974 for the above purposes resulted in the following unanimous recommendation of the Board: (1) That the city proceed forthwith with plans for the fullest feasible utilization of the Michigan Ditch and the protection and development of its attendant water rights. (2) That the waters of the Michigan Ditch be utilized in connection with an enlarged Joe Wright reservoir. The Board proposes to make a future recommendation as to whether the enlarged reservoir should be that designated 'as the "low", the "middle", or the "high" dam; and it feels -it has sufficient information to make such recommendation in the very near future. Before considering this, however, the Board feels that we should obtain from McCall -Ellingson a cost estimate for the construction of the dam in one or more.stages, and therefore further recommends: (3) That the Council instruct the administration to request McCall -Ellingson to advise as to the cost of stage development of the Joe Wright reservoir. (Note: There are many possible reservoir sites on the Poudre. Nearly all of these sites have been studied in some detail. The Joe Wright reservoir would appear to be the best site available; but the Board has appointed a committee, consisting of Mr. Wilkinson, Dr. Evans, and Dr. Richardson, all engineers, to review some of the other studies, particularly those made by the Bureau of Reclamation, on other sites once considered for potential development. This review will be limited to a .review of the existing data, to attempt to make certain that we are not overlooking a potentially more beneficial site. The general feeling of the Board was that these other sites will not prove to be so beneficial, nor as inexpensive, and the Board feels that o-re should proceed on the recommendations outlined in this letter, notwithstanding the further investi- gation of this committee. The committee will in any event promptly make its review, and the Council would be advised promptly if it should appear that some action other than that indicated in this letter should be taken. In short, the ca committee's action is taken out of an abundance of ution, and simply to assure the Water Board that no potential alternative has been overlooked.) (k) That the city immediately take steps to preserve the city's rights in the Joe Wright reservoir and the Michigan Ditch by • . Page 3 c. Immediately pursuing an agreement, or otherwise bringing to issue the question of discharge of the Michigan Ditch into Joe Wright Creek, by such negotiation or litigation as may be required; and to authorize such tests, or studies, as may be required to obtain information essential to the resolution of the matter d. Immediately and aggressively pursuing a special use permit for the enlargement of Joe Wright reservoir, for the obtaining of construction materials for an enlarged dam, and similar requirements, all based on the assumption of the largest possible reservoir e. Developing and instituting immediate and specific plans for the maintenance and improvement of the main Michigan Ditch to at least its full decreed capacity; and, in that connection, developing and instituting specific plans for the repair and rennovation of the extensions of the Michigan Ditch to the extent that studies show same to be practical f. Maintaining the conditional storage decrees of Joe Wright reservoir g. Determining the cost of the rennovation of the existing reservoir so that the reservoir could be utilized pending its enlargement (5) That the city authorize an investigation and study as to the advisability and feasibility of obtaining a Court decree authorizing the storage of other waters or water rights owned by the city of Fort Collins in the enlarged Joe Wright reservoir. The foregoing recommendations, all of which sh)uld be considered together, constitute, in the opinion of the Board, the most feasible, practicable and desirable alternative available to the city for future raw water supply; and the Board is firmly of the opinion that such additional supply will be needed in a future sufficiently near as to make a present decision and commitment necessary. a. Authorizing forthwith an environmental impact study, _ on the assumption of the largest possible reservoir (which would supposedly have the most severe environ- mental impact) b. Aggressively pursuing permits from the state -and federal governments for the existence and operation of the Michigan Ditch and its extensionr • rage 4 We understand that the present water rates will allow sufficient revenue to service indebtedness and otherwise make available capital sufficient for this project, even if the "high" dam is finally selected. A smaller reservoir would make capital available for other major water resource projects. Thus, pending final recommendations and to preserve the options available to the city, the Board makes the following further recommendation in regard to the Windy Gap project: That the city indicate its continued interest in the proposed Windy Gap project; that the city continue to make modest contrib- utions to obtain and preserve the conditional water rights awarded to the 6 cities, and to do such other things as are absolutely necessary for the protection of this option; but that the city of Fort Collins attempt to obtain the agreement of the other participants in the project that expenses will be held to a minimum for the next few years, in order that the uncertainties of the project be removed before substantial sums are expended. We would hope that the other participants would agree to avoid administrative costs, or costs for additional studies, until it was clear that the project would not be prohibited by the supremacy of conflicting claims. Item III Plan of Action on South Side Ditches City Attorney March reviewed the moritorium or the three South Side ditches; and his attempts over the past year to have a meeting with the Directors of the Ditches. Therefore, he would propose that the Board officially direct a communication to the Presidents of the ditch companies, giving them of the history, and advising them that unless there is a meeting held within a limit of time, the City will made a determination of their own. To be considered would be if the City would, in fact, take the water, and a determination of what value would be attributed to waters in that stock. Over and above that, City Attorney March recommended that a determination would be made on the value of the four Southside ditches: i.e. Arthur, New Mercer, Larimer County No. 2 and Pleasant Valley and Lake Canal. At present the City is taking water from these sources at their historic yield value and not putting into that figure any computation or any adjust- ments for what it costs the City to use those waters. fie also felt the City was being shortsighted in taking these waters at their historic yield knowing that there would be some shrinkage. The dollar value of the water was also addressed. The consensus of the Board was to direct the City Attorney to send letters to the Ditch Companies as discussed. • •Page 5 Adjournment With nothing further to discuss at this time, the Board adjourned. Chairman ATTEST: Secretary