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HomeMy WebLinkAboutWater Board - Minutes - 06/11/1999NORTHERN COLORADO WATER CONSERVANCY DISTRICT MINUTES OF BOARD MEETING HELD AT DISTRICT HEADQUARTERS BOARD ROOM June 11, 1999 I. CALL TO ORDER The Board of Directors of the Northern Colorado Water Conservancy District met pursuant to call. Present were President Mike Applegate, Vice President Kenton Brunner, Directors William E. Bohlender, William H. Brown, E. L. "John" Caneva, William Condon, George Jenik, G. Raymond Joyce, Marjorie Knievel, Leslie J. Williams Jr., Ruth Wright, and Director Emeritus W. D. Farr. Director Jerry D. Winters was absent. The following staff members were present: General Manager Eric W. Wilkinson, Associate General Manager and Chief Engineer Darell D. Zimbelman, and Legal Counsel Bob Trout and Bennett Raley. See the attached list for additional staff and guests in attendance. II. PUBLIC COMMENT ON NON -AGENDA ITEMS President Applegate asked for public comment on non -agenda items. There were no public comments. III. MINUTES OF MAY 14, 1999, BOARD MEETING President Applegate next asked for a review of the May 14, 1999, Board meeting minutes. Director Jenik moved approval of the minutes as submitted. The motion was seconded by Director Caneva and passed unanimously. IV. MINUTES OF MAY 6, 1999, PLANNING AND ACTION SESSION President Applegate asked if there were any suggested changes to the May 6, 1999, Planning and Action Session minutes. There being none, Vice President Brunner moved approval of the minutes as submitted. The motion was seconded by Director Knievel and passed unanimously. V. FINANCIAL MATTERS President Applegate asked for a presentation of the Treasurer's Report. Dr. Zimbelman referred to the prepared report that provided an overview of statements concerning cash receipts and disbursements, transfers of funds, and total cash and reserves as of May 31, 1999, for the District and Inter -District Service funds. Dr. Zimbelman also briefly discussed cash flow and reserve funds, and cash balances. Director Brown moved to approve the Treasurer's Report as submitted. The motion was seconded by Director Bohlender and passed unanimously. Page 2 District Minutes June 11, 1999 President Applegate then asked Vice President Brunner for a report of the Finance Committee. Vice President Brunner, Chairman of the Finance Committee, referred to the list of disbursements for May 1999, which was mailed prior to the meeting for the Board's review. There being no questions, Vice President Brunner moved to approve payment of the May disbursements as submitted. The motion was seconded by Director Bohlender and passed unanimously. President Applegate then asked Dr. Zimbelman for recommendations for the appointment of budget officers for preparation of the proposed FY2000 budget. Dr. Zimbelman recommended the appointment of Mr. Eric Wilkinson, General Manager; Mr. Dale Mitchell, Head, Financial Services Branch; and himself as budget officers for preparation of the proposed FY2000 budget. Director Brown moved to approve the appointments as recommended by Dr. Zimbelman. The motion was seconded by Director Wright and passed unanimously. VI. ALLOTMENT CONTRACT CHANGE APPLICATIONS President Applegate asked for a presentation of the allotment contract change applications. Mr. Jerry Westbrook, Head, Land and Water Contract Services Branch, referred to the list entitled "Application for Change of Water Allotment Contracts" dated June 11, 1999. Mr. Westbrook referred to the allotment contract standard change applications. He stated that the 11 applications included a total of 766 acre-foot units being transferred with 262 of those units (34 percent) being transferred to cities, towns, and rural domestic water districts. He then called the Board's attention to five applications that required field exams. Mr. Westbrook advised the Board that the allotment contract change applications met all statutory requirements, rules, and criteria previously established by the Board, including the criteria of the Interim Base Water Supply Policy, and were, therefore, in order and ready for the Board's consideration. Director Caneva moved approval of the allotment contract change applications as presented. The motion was seconded by Director Knievel and passed unanimously. APPLICATIONS FOR CHANGE OF WATER ALLOTMENT CONTRACTS June 11, 1999 % of Total Water Acre- Supply Acre - Foot Foot From S-T-R Units To S-T-R Base C-BT Units 11, 12, 13 & AHI Longmont, Inc./ 11, 13 & AHI Longmont, Inc. 14-2-70 84 16 203 Double Dove Ranches, LLC 14-2-70 248 Double Dove Ranches, LLC 14-2-70 57 43 45 Page 3 District Minutes June 11, 1999 % of Total Water Acre- Supply Acre - Foot Foot From S-T-R Units To S-T-R Base C-BT Units Carlson/Terra Firma Land Terra Firma Land Works, LLC 2-6-66 5 Works, LLC 20-7-65 95 5 5 9& 9& Strear/Grossman 10-2-70 20 Strear, Larry 10-2-70 20 McNear, Patrick 28-6-64 41 McNear/Martin Oil Marketing/ Martin Oil Marketing 22-4-68 77 23 24 Left Hand Water Dist. 28-6-64 77 Left Hand Water Dist. Corp. 12 Chilson Family Trust/Central Chilson Family Trust 16-5-68 130 Weld Co. Water Dist. 16-5-68 150 Central Weld Co. Water Dist. Corp. 20 Hirsch, et al./Hein, Ray W. Family Trust/City of Hein, Ray W. Family Trust 35-5-69 75 25 36 Broomfield 31-6-68 125 City of Broomfield T.U. 89 Rothe Trust, et al./City 19 & of Broomfield 30-8-69 25 City of Broomfield T.U. 25 Palmer, et al./Town of Erie 8-3-67 30 Town of Erie T.U. 30 Keating, et al./City of Dacono 7-6-68 8 City of Dacono T.U. 8 Wild/Town of Estes Park 14-6-70 3 Town of Estes Park T.U. 3 Defines, et al./Town of State Frederick Land 75 Town of Frederick T.U. 75 VII. STREAMFLOW FORECAST AND WATER SUPPLY AVAILABILITY UPDATE Supervisory Water Resources Engineer Dennis Baker began with a review of snowpack and streamflow comparisons and forecasts as of June 1, 1999. He reported that the snow water content state wide is 105 percent of average, the snow water content in the Upper Colorado River Basin is 142 percent of average, and the snow water content in the South Platte tributaries is 127 percent of average. Mr. Baker then reported on the most probable streamflow forecasts. As of June 1, 1999, the most probable forecast for Upper Colorado River tributary streamflow is 200,000 acre feet, or 93 percent of average. The most probable forecast for South Platte tributary streamflow is 580,000 acre feet, or 110 percent of average. Individual watersheds are as follows: the Poudre River, 308,000 acre feet, Page 4 District Minutes June 11, 1999 or 108 percent of average; the Big Thompson River, 115,000 acre feet, or 100 percent of average; the St. Vrain River, 101,000 acre feet, or 129 percent of average; and Boulder Creek, 56,000 acre feet, or 108 percent of average. Mr. Baker continued by discussing water supply figures. As of June 1, 1999, local ditch company storage is 375,000 acre feet, or 124 percent of average, while Colorado -Big Thompson (C-BT) storage is at 628,000 acre feet, or 125 percent of average. Available unused C-BT storage capacity as of June 10, 1999, is: Lake Granby, 66,200 acre feet; Carter Lake, 1,600 acre feet; and Horsetooth Reservoir, 13,700 acre feet. Mr. Baker reported that Carter Lake will fill within the next week. Horsetooth Reservoir is projected to fill by June 23, 1999. Mr. Baker also reported on precipitation figures. He stated that the May 1999 precipitation totaled 2.30 inches, or 85 percent of average. For November 1998 through May 1999, precipitation totaled 9.19 inches, or 132 percent of average. Mr. Baker then reported on preemptive releases made from West Slope facilities as part of the Coordinated Reservoir Operations Study (CROS) of the Colorado River Recovery Program in the time period of June 1 to June 10 of this year. Willow Creek Reservoir contributed approximately 10,700 acre feet, while Lake Granby has contributed approximately 8,300 acre feet, for a total of 19,000 acre feet. Mr. Baker explained that these releases were made to contribute to efforts to enhance fish habitat in the 15-Mile Reach of the Colorado River and avoid bypassing peak flows, which could cause flooding and erosion problems below C-BT West Slope facilities. Finally, Mr. Baker reported that in May 1999, the District exercised its decree on the Big Thompson River and diverted 23,900 acre feet of water to Horsetooth Reservoir during that month. As of June 1, 1999, water diverted from the Big Thompson River to Horsetooth Reservoir under the District's decree totaled 29,300 acre feet. The previous maximum was 25,300 acre feet in 1979. Responding to a director's question, Mr. Wilkinson explained that late spring rains and an unusually low water level in Horsetooth Reservoir for this time of year enabled the District to take advantage of its Big Thompson River decree. During most years this would not be possible because Horsetooth Reservoir is typically almost full at this time of the year, and the administrative call on the Big Thompson River would preclude the exercise of the District's Big Thompson River decree. President Applegate then asked if there were any additional comments or questions from the Board. Responding to a question about the relationship between preemptive releases from West Slope reservoirs and the Colorado River Recovery Program, Mr. Wilkinson stated that preemptive releases are never made without strong indications that project reservoirs will fill. He added that the District will readily participate in voluntary releases for endangered species as part of the Coordinated Reservoir Operations Study when water supply and reservoir conditions permit, and when it is clearly evident that water will be spilled from the collection facilities. VIII. OPERATIONS AND MAINTENANCE REPORTS President Applegate next asked for a presentation of the Operations and Maintenance (O&M) Report. Mr. Lynn Raveling, General Superintendent, Operations and Maintenance Branch, began Page 5 District Minutes June 11, 1999 by reporting that C-BT Project deliveries were approximately 6,722 acre feet for May. He stated that East Slope storage looks good, with Carter Lake full as of June 11, 1999, and Horsetooth Reservoir almost full. Mr. Raveling reported that Shadow Mountain Reservoir was spilling into Lake Granby, and that Willow Creek inflow to Willow Creek Reservoir has peaked for this year and the runoff is now on the receding limb of the hydrograph. Regarding maintenance activities, Mr. Raveling announced that the project to stabilize the rock outcrop above the Lake Granby Spillway chute and remove the fallen rock from the chute is complete. The invoice from the contractor, Yenter, Inc., totaled $15,400, which was well below the original estimate of $20,000 to $25,000. Mr. Raveling then reported on the Electrical Service Modernization Contract for the Farr Pumping Plant. The work is on schedule and going well. However, it was necessary to extend the contract with Power Electric Company due to health problems of one of the District's electricians. The contract will exceed the original cost estimate by approximately $6,000. Mr. Raveling stated that the heat and ventilation work at the Farr Pumping Plant was also going well, and that the front door of the Farr Pumping Plant has been replaced. Currently, both the door and the newly constructed unisex handicap bathroom are handicapped accessible and comply with the Americans With Disabilities Act. Mr. Raveling reported that work on the drain in the meadow on the Brewster property below Horsetooth Reservoir is complete and appears to be working in about 95 percent of the area that was wet. The flow has diminished substantially since the drain was first completed. Mr. Raveling stated that there is still an area at the toe of the canal embankment and on the north edge of the drain system that is not drying out, so more work may be needed. Mr. Raveling next discussed the issue of runoff from the feedlot on the Graves property on the upstream side of the Hansen Supply Canal. The District has installed an 18-inch cross drain on the Graves property to prevent undesirable runoff into the canal. He also reported that Mr. Wilkinson and others flew over the Southern Water Supply Project Pipeline route with no problems being found. In addition, the new gate operator on the Lyons Chute is complete. Mr. Raveling concluded by stating that the District's vegetation control work will continue through most of the next two months. This consists of spraying and mowing of the canal easement and on other facilities maintained by the District. President Applegate thanked Mr. Raveling for his report and asked Mr. Wilkinson for a report on the status of Carryover Water Accounts. Mr. Wilkinson referred the Board to the Carryover Report for 1999 in the Board packet, which is a summary of the status of the carryover program as of June 7, 1999. The report is a coordinated effort between the O&M, Engineering, and Financial Services branches. Mr. Wilkinson told the Board that under current conditions there will likely be a spill at Lake Granby, zeroing -out any remaining carryover water accounts. Spilling of the carryover accounts will occur when the voided space in the system equals the amount of carryover water left in carryover accounts. As of June 7, 1999, 6,387 acre feet of carryover water had been utilized. He reminded the Board that if the remaining carryover water is canceled, 90 percent of the charges paid by the program participants will be refunded. Mr. Wilkinson stated that the new program appears to be working and the results are an improvement over the old program. Page 6 District Minutes June 11, 1999 IX. SOUTHERN WATER SUPPLY PROJECT UPDATE President Applegate asked Dr. Zimbelman to report on the Southern Water Supply Project (SWSP). Dr. Zimbelman referred the Board to the monthly construction report that had been distributed containing information relating to the present status of the project. He stated that the pipe installation crew averaged 1,020 linear feet (LF) of pipe per day in May, with a total projection of over 22,000 LF for the month. He reported that leak -testing of the pipeline by the contractor, BRB, was going well. He also stated that total change orders are well below budget estimates, and the overall project is on time and under budget. President Applegate thanked Dr. Zimbelman for his report. Mr. Jim Struble, Rights -of -Way Agent, then addressed the Board regarding a land easement exchange on the Brooks-Toltz property discussed at the previous week's Planning and Action Session meeting. Mr. Struble referred the Board to a map of the Brooks-Toltz property, which encompasses and borders portions of the SWSP's Broomfield Pipeline and the Fort Lupton —Hudson Pipeline. He explained that the District's original easement included the use of a county road to access the nearby mainline pipeline valve vault, but that the road crossed an unsafe bridge. A new bridge had been constructed for approximately $15,000. Brooks-Toltz is now in the process of selling the property to Mr. Arnold Turner of Longmont. It is now necessary to quit claim back to Mr. Turner the lands that will now not be used for access to the valve vault in exchange for an easement for the access road and the newly constructed bridge. This will assure the District an easement for access to the nearby pipeline valve vault. Director Brown moved to approve a quit claim deed for this purpose. The motion was seconded by Vice President Brunner and passed unanimously. Senior Water Resohrces Engineer Jeff Drager began by updating the Board on the Pleasant Valley Pipeline project, including the status of the right-of-way acquisition process. The District has obtained rights -of -entry and verbal agreements with various landowners to walk their property and finalize the pipeline alignment. District staff and the District's environmental consultant are investigating the proposed pipeline route for the presence of wetlands, endangered species, and endangered species habitat, all of which could have a significant impact on the project. Mr. Drager also discussed permitting issues, including specific licenses and permits that will be required for construction. He stated that a meeting with legal counsel will be scheduled to examine permitting issues. Finally, Mr. Drager reported on the finalization of a consulting services contract with CH2MHill, in the amount of approximately $975,000 for the design of the Pleasant Valley Pipeline. Mr. Wilkinson then discussed various issues surrounding the Munroe Gravity Canal (MGC), including use of the canal to deliver water to the Pleasant Valley Pipeline, and the possibility of transferring the canal's title from the United States to the District. On June 4, 1999, District officials met with U.S. Bureau of Reclamation (Reclamation) officials to discuss the potential title transfer of the MGC and the Hansen Supply Canal. At the meeting, District representatives emphasized their Page 7 District Minutes June 11, 1999 interest in vigorously pursuing the transfer. Simultaneously, District staff feels it is critical to pursue the issuance of a permit to connect the pipeline to the canal and issuance of a carriage contract to move non -project water through the MGC to the pipeline. Mr. Wilkinson reported on several other issues discussed at the meeting including: formulation of two Memoranda of Agreement between the District and Reclamation to cooperate on the proposed transfer and on the proposed permit/carriage contract; formulation of proposed legislation for the title transfer; National Environmental Policy Act (NEPA) compliance for the transfer; and a definition of requirements for the issuance of a permit/carriage contract. Finally, Mr. Wilkinson reviewed the current status of the transfer. District counsel and staff are working to: keep communication lines with Reclamation open; formulate legislation for the transfer; keep the participating entities and Congressional delegation informed; internally discuss the scope of the transfer; and closely examine the necessary NEPA actions. Mr. Wilkinson then asked for comments. Mr. Raley offered some additional comments concerning the process and scope of the proposed transfer. XI. PLATTE RIVER RECOVERY PROGRAM Mr. Wilkinson began with an update on the Platte River Cooperative Agreement. He stated that Mr. Doug Robotham, who has represented the State of Colorado in the Platte River efforts for nearly five years, will be leaving the Department of Natural Resources to become the Executive Director for the Trust for Public Lands in Colorado. It remains uncertain who will replace Mr. Robotham on the Governance Committee representing the State of Colorado. Mr. Wilkinson reported that Boyle Engineering has finished its draft report outlining potential alternatives for developing 60,000 to 80,000 acre feet of water within the Platte River basin in order to meet the overall goal for the first increment of 130,000 to 150,000 acre feet of reduction in shortages in the critical habitat. Comments regarding the Boyle report from the water users and the states are due June 28, 1999. Mr. Wilkinson noted that the program to develop 60,000 to 80,000 acre feet of water for the critical habitat is meant to be an incentive -based program. Nebraska and Wyoming have commented that some water components should be pursued in each state, regardless of costs and the associated efficiencies of providing that water. Mr. Wilkinson concluded his comments by noting that the Land Committee continues to work on several fronts, and that the Governance Committee has engaged a consultant, Hazen and Sawyer of Fort Collins, to look at the issue of third -party impacts. A number of comments from the Board followed, including a question about what would happen if either the State of Wyoming or the State of Nebraska decided to walk away from the negotiations. In such an instance, the fate of the proposed recovery program would be unknown, but it is believed that Colorado would strive to address the issue through negotiations with the USFWS, if possible and if in the best interests of the State of Colorado. XII. CONDITIONAL RELEASE OF EASEMENT ON BREWSTER PROPERTY Mr. Wilkinson directed the Board's attention to the document drafted by District counsel that would conditionally release the District's easement for the installation, operation, and maintenance of the seepage collection and monitoring system on the Brewster property if the District would abandon Page 8 District Minutes June 11, 1999 and remove the system at some time in the future. In negotiating with the Brewster family for the easement for the installation of the seepage collection and monitoring system, the issue of reversion of the easement was discussed. Reversion would occur if the system was removed and abandoned. District staff decided to go forward and execute the easement agreement to facilitate completion of the system installation. The easement has been recorded. The proposed document, if approved by the Board, would address the Brewster family concerns for the reversion of the easement in the case of system removal and abandonment. Director Bohlender moved approval of the Conditional Release of Easement. The motion was seconded by Director Jenik and passed unanimously. XIII. LEGAL MATTERS Mr. Raley began with details of the proposal to designate a large portion of Rocky Mountain National Park as wilderness. Both President Applegate and Director Wright said they had received a call from Congressman Mark Udall, the sponsor of the legislation, assuring that the Congressman would cooperate with the District regarding the legislation. This was followed by a short discussion of water rights language in Representative Diana DeGette's Wilderness bill. Regarding litigation, Mr. Raley reported that counsel has negotiated an agreement with the City of Thornton under which Thornton will stipulate to entry of decrees granting the District's diligence applications for its water rights on the Big Thompson River and Cache ]a Poudre River in return for the District's stipulating to entry of a decree in Thornton's Case No. 91CW126, which is an application on the South Platte River to adjudicate water storage rights for gravel pit reservoirs. Mr. Raley stated that counsel is working with District staff to accomplish the relocation of the South Platte Supply Canal at I-25 and State Highway 52, made necessary by highway construction in I-25. A dispute has arisen among the Consolidated Lower Boulder Ditch Company, the District, and Reclamation as to which entity is responsible for and has control over the easement associated with the South Platte Supply Canal. Counsel is investigating title to the ditch easements, and the history of the agreements between the District and the ditch company, to determine the interests and responsibilities of the parties. Finally, Mr. Raley discussed the Preble's Meadow Jumping Mouse (PMJM) and its listing as a threatened and endangered species by the U.S. Fish and Wildlife Service (USFWS). Since the mouse's habitat is along the Front Range, designation of the mouse will affect water project development and water facility operation and maintenance activities. The USFWS issued a proposed 4(d) Rule on December 3, 1998, aimed at reducing potential liability for "taking" a PMJM under the Endangered Species Act. It now appears that the proposed 4(d) Rule may not be pursued or finalized by the USFWS. The PMJM is already affecting the District's ongoing operation and maintenance activities since any activity that might harm a PMJM or adversely affect its habitat is now prohibited under federal law. Page 9 XIV. OTHER MATTERS District Minutes June 11, 1999 Mr. Wilkinson began by updating the Board on the upcoming joint tour of the C-BT Project facilities with the Colorado River Water Conservation District (CRWCD), scheduled for June 23-24, 1999. He directed the Board's attention to the packet of information Mr. Brian Werner, Public Information Officer, compiled for review before the tour. Mr. Wilkinson also noted the upcoming tour of the C-BT Project facilities by the Water Quality Control Commission, which is scheduled for Tuesday, June 15, 1999. He also noted the positive feedback following the recent joint meeting between the District Board and the Denver Board of Water Commissioners and thanked the directors for their participation. Finally, Mr. Wilkinson addressed the possibility of a District contribution to the Family Farm Alliance (FFA), a national alliance interested in Reclamation issues including project title transfers and the application and interpretation of the provisions of the Warren Act. Mr. Wilkinson strongly recommended that the Board consider joining the organization. Mr. Raley stated that two or three years earlier he had recommended against joining the FFA. At that time, the alliance was largely composed of California trusts, but now it is a much more broad -based organization. After a few comments and questions, Director Brown moved to join the Family Farm Alliance and to contribute $2,000 to the organization. The motion was seconded by Director Bohlender and passed unanimously. There being no further business to come before the Board, President Applegate adjourned the meeting. Page 10 District Minutes June 11, 1999 ADDITIONAL STAFF AND GUESTS IN ATTENDANCE .TUNE 11,1999 STAFF Dennis Baker Supervisory Water Resources Engineer Jeff Drager Senior Water Resources Engineer Minerva G. Lee Head, Administrative Services Branch Lori Ozzello Public Information Assistant Lynn Raveling General Superintendent, Operations and Maintenance Branch Gene Schleiger Agency Coordinator Greg Silkensen Staff Writer and Researcher Jim Struble Rights -of -Way Agent Brian Werner Public Information Officer Jerry Westbrook Head, Land and Water Contract Services Branch GUESTS Julie Swanda U.S. Bureau of Reclamation