HomeMy WebLinkAboutWater Board - Minutes - 01/21/1983A
MINUTES
Water Board
January 21, 1983
MEMBERS PRESENT Ward Fischer, Norm Evans, Henry Caulfield, George Wallace,
Tom Moore, Tom Sanders, Ray Glabach, Dave Stewart,
Bernie Cain
STAFF PRESENT Roger Krempel, Mike Smith, Dennis Bode, Keith Elmund,
Andy Pineda, Curt Miller, Webb Jones, Cliff Hoelscher
MEMBERS ABSENT Ev Richardson, Mort Bittinger (alt.), both excused
Chairman Ward Fischer opened the meeting. The following items were
discussed:
Minutes Approved.
Raw Water Modeling Presentation
Dennis Bode and Andy Pineda have been working on a raw water computer model
which will be used as a tool to plan for future water supplies. several
Water Board members had expressed an interest in learning more about the raw
water computer model. As a result Andy Pineda, a staff water resources
engineer, presented some information about the model he is using. He went
over some of the purposes of the model which are: 1) to analyze some oT the
water supply and demand situations; 2) to help investigate operational
strategy questions; 3) to aid in answering some of the "what if" questions;
and 4) to increase the ability to determine how long the supply will last
under various assumptions. He also explained briefly the operation of the
model. The major parts of the model are: 1) the sources of supply which
form the data base from which the information is extracted; 2) the water
demand points; and 3) the computer program which follows a number of rules
and assumptions on how to allocate the water supply and meet the demand.
After discussing the benefits, limitations, and some of the results that had
been obtained from this model, Andy Pineda and Dennis Bode received
questions and comments from Board members.
Staff Report on Poudre Canyon Water Treatment Plant Recommendation
Mike Smith reported that the staff has compiled the additional information
which was requested by the Board to compliment the report and recommendation
prepared by the Engineering Committee. He explained that the staff had
prepared a Council report along with the information that the Board had
requested. The staff thinks that the Board should have the opportunity to
review all of the IF
before it goes to Council. Theretore, the
total package will be distributed to members about a week prior to the
February Board meeting.
Water Board Minutes
Page 2
Discussion of North Poudre Reservoir No. 6
Roger Krempel reported that, recently, Ward Fischer had arranged a tour of
the facilities of Reservoir No. 6 for staff members, the Board and the North
Poudre Irrigation Co. The State has restricted the capacity of the
reservoir because of its poor condition. The group also toured all the
possible locations for exchanging that water to other users were the City to
own the water in Reservoir No. 6. Drawing a rough map of the area, Ward
Fischer expanded further on those possibilities. Following this update by
Roger Krempel and Ward Fischer, Board members asked questions and made some
important observations. In the meantime, discussions will continue_ among
the interested parties.
ller Contract
Ward Fischer reminded the Water Board that they had been very insistent upon
the satisfaction of a number of items from Pete Bailer betore a tinal
agreement could be reached. Currently, there are several areas where the
conditions have not been satisfied and it does not appear as though that
will occur immediately, although all those conditions could probably be
satisfied. The main condition is the sign -off by the State Engineer
guaranteeing the quality of the dam; another was the decree on one of the
rights that doesn't presently identify it for municipal purposes. The City
informed Mr. Baller that they would pay him the down payment when the
conditions were satisfied. To date the contract sent to him has not been
returned to the City. Consequently, Assistant City Attorney Paul Eckman
informed Mr. Baller that if the contract was not returned with his signature
by February 1st, that it would be revoked immediately. At the time of the
meeting the City had heard nothing.
Staff Reports
A. Water Production Summary
A table and graph were distributed to the Water Board summing up the
figures for 1982. Dennis Bode reported that the City ended up using
just under 16,000 acre-feet which was about 84% of the total projected
use. This was attributed primarily to the above normal precipitation of
21 inches which was received in 1982. Mr. Bode added, as a point of
interest, that the max day for the year was 40.1 million gallons which
occurred on day in July.
B. Two -Term Limit
Roger Krempel announced that, at a recent City Council meeting, there
were a number of items related to boards and commissions that were
brought up to date. Among them, the Council voted 5 to 2 to exempt the
Water Board from the two -term limit as a result of the eftorts of some
determined Board members. In addition, Mr. Krempel reported that the
Council adopted a.strong code of ethics for boards and commissions. The
new code will be distributed with the new Boards and Commissions Manuals
at a future date.
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Water Board Minutes
Page 3
C. Boards and Commissions Training Sessions
Mr. Krempel explained that City Council has been encouraging group
participation and decision -making training for board and commission
members. Hence, on Wednesday evening, February 2nd from 5:30 to 10:UU,
the Water Board, the Storm Drainage Board, and the Parking Commission
will meet as a group with their staffs for a general training session
with a consultant from Lakewood who specializes in this area. Following
that session, the boards and commission and their staffs will meet
separately with the consultant to concentrate on their own concerns and
problems. The Water Board will meet on Thursday morning, February 3rd,
from 8 to 12 a.m, in the Water Utilities Conference Room.
New Business
At the beginning of the meeting Board members received copies of a letter
from Attorney Art March for their comments and consideration. the letter
was on behalf of Mr. March's client, K. Bill Tiley and Fox Ridge. The
client's land is inside the City limits but outside of the interim service
boundary which was established at the time of an interim agreement between
the City and the Fort Collins -Loveland Water District. An agreement between
the developer, Bucain Corp., and the previous owner, Tiley and Fox Ridge,
specified that the owner would provide the water rights required for
development of the property. The owner had anticipated meeting the City's
raw water requirements of three acre-feet per acre. Now, according to the
interim agreement, the development will be served water by the District
whose water requirement is 1.0 acre-foot per two dwelling units, the owner
is not willing to meet the District's water requirement and has requested
that the interim service boundary between the District and the City be
adjusted. The District is not willing to change the boundary. Other
suggestions have been offered to which neither the City nor the District is
agreeable.
At a recent meeting between the steering committee and the District, the
District proposed, as a possible solution, that the City trade CBI water for
Josh Ames certificates on a one time basis. After Board discussion of this
suggestion, Tom Sanders made the following motion: the Water Board would
vehemently object to a trade of CBT water for Josh Ames certificates or
anything of that nature. After a second from Dave Stewart, the motion
passsed by a unanimous vote. Bernie Cain abstained from the discussion and
the vote since he has a conflict of interest.
Historically, the position of the Water Board has been that if someone is in
the City limits he/she is entitled to water service from the City. the
Board has adhered to that philosophy for many years and has never formally
changed that position. The Water Board, approximately two years ago, had
attempted to resolve what they perceived to be growing problems with the
water districts as the City and the Districts tended to overlap. The Water
Board and the Districts were unable to arrive at any solution that would be
acceptable to, either side. Subsequently, when it was apparent that no
agreement would be reached, the City and the District continued pending
litigation. Early in 1982, the City and the District agreed to delay the
Water Board Minutes
Page 4
litigation and attempt to resolve their differences. As a result, an
interim agreement or understanding was reached by a committee made up of
City Council members and Water District members which attempted to solve
some of the problems. The Water Board was never consulted concerning
whether it should approve or disapprove of this proposed solution.
Therefore, the Water Board retains its policy that if it is in the City it
should be served with City water. The Board would like to aid the City
Council in solving this problem, but since all negotiations involved in the
agreement were done without their advice or consent, they would first like
to learn the reasons for the Council actions. Assuming the Council will
accept the offer of help from the Board, the Board proposed that a committee
from the Water Board be set up with the following members to meet with the
steering committee of the City Counci:
Norm Evans (chairman), Tom Sanders, Tom Moore, Dave Stewart, Ward Fischer
(ex-officio member), and Bernie Cain (it was suggested that he be invited to
the meetings in an advisory capacity since, during the past negotiations, he
was chairman of the utility committee and was involved in the whole
process.)
The Board also stressed the necessity for the City Attorney to be present at
the meetings to address the confusing legal questions which are certain to
emerge. They also proposed that, initially, a memo from the legal staff is
needed to clear up the following legal questions: 1) Does a person who is a
citizen and resides within the City boundaries have a right to demand water
service from the City? 2) How can the conflict between the City's
ordinances and the interim agreement be resolved? (In the Board's view, the
ordinances and the agreement do not reflect the same philosophy.) 3) what
is the propriety of Art March's views and the propriety of everyone else's
views that ever come close to the same situation?
In the meantime, the Water Board will be awaiting the memo from the legal
staff regarding the questions addressed above and the decision from the City
Council as to whether the Water Board committee set up to work with the
Council steering committee will be acceptable.
Other Business
George Wallace asked what kind of progress is being made with the Ditch
Consolidation proceedings. Roger Krempel said that, for the most part, the
City thought the Ditch Companies were pleased with the latest proposed Ditch
Consolidation Agreement. According to Dennis Bode, one of the main issues
was that there may be future seepage losses of CBT water that wouldn't be
occurring now. A few ditch people feel that they should be guaranteed that
CBT water would be delivered to them at a certain rate or their traditional
yield. This would cost the Storm Drainage Utility approximately $1YUU per
year, not a considerable amount. The Storm Drainage Board was concerned
that the annual cost of. $30,000 a year maintenance and some of the
improvements would take away from the present storm drainage maintenance and
construction program. The staff will continue to work with the Storm
Drainage Board to inform them more adequately about future conditions.
Water Board Minutes
Page 5
Since there was no further business, the meeting was adjourned at 4:45 p.m.
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