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Home My WebLink AboutWater Board - Minutes - 12/16/1988k WATER BOARD MINUTES December 16, 1988 Members Present Tom Sanders, Vice President, Neil Grigg, MaryLou Smith, Ray Herrmann, Terry Podmore, Tom Moore, Dave Stewart, Tim Dow, Jim Kuiken, Chester Watson, (alt.), Mark Casey (alt.) Staff Mike Smith, Dennis Bode, Ben Alexander, Linda Burger, Paul Eckman, Assistant City Attorney Guests John Bigham, Agency Coordinator, Northern Colorado Water Conservancy District Dan MacArthur, Triangle Review Craig Harrison, Harrison Resource Corporation Members Absent Henry Caulfield, President Vice President Tom Sanders opened the meeting due to the absence of Presi- dent Henry Caulfield. The following items were discussed: Minutes The minutes of October 21, 1988 were approved as distributed. Update: Northern Colorado Water Conservancy District John Bigham brought copies of the NCWCD "WATERNEWS," Fall 1988 Report for those present. Dr. Sanders asked for an update on the Horsetooth project. The District has completed the work for this winter. However, there will be some quarry work done and some additional rip rap placed. Judging by the most recent report, Mr. Bigham said they would continue the construction in the spring of 1989, weather permitting. It is hoped that the two north dams will be finished next year, and following that, work will begin on the two lower south dams. This work will probably continue through 1990. The current project is 60 days behind schedule due to communication problems between the Bureau and the contractor. This is a case where the District didn't have control of the contract, he contends. He related that the District has negotiated to take the rock contract away from that contractor. It is hoped that the pro- cess will move along much better next year. Concerning the negotiations between the District, Sub -district and the Bureau, a meeting is scheduled for Monday, Dec. 19. The District hopes to negotiate more benefits than are available now at no additional cost, Mr. Bigham emphasized. This is also the wish of the Windy Gap participants, he added. Water Board Minutes December 16, 1988 Page 2 Mr. Bigham thanked the Water Board for their cooperation this past year. He assured the Board that a District representative will continue to attend the Water Board meetings and he encouraged Board members and staff to attend District Board meetings as well. Marylou Smith asked Mr. Bigham to thank the District for inviting Board members to attend the fall water user's meeting. "It was a very good meet- ing," she said. Review and Discussion of Agreement with Fort Collins -Loveland Water District The Water Board Engineering Committee had looked at the agreement in ques- tion about two months ago and suggested only a few minor changes. Mike Smith stated that what staff is asking from the Board is approval of the agreement in concept. "As we negotiate, we may make a few changes," he said. The City and the District have been working on this contract for about 2 years and "this is probably draft number 26," he remarked. He explained that the agreement would basically provide for an exchange of treated water. The City would supply the District with a certain amount of treated water at certain points, and they would return the same amount of water at a certain point. The reason is the District's distribution system is extremely weak in the northern part of their system. Essentially, the City would deliver the water out of its big line at the south end which would be an enormous help to the District. Mr. Smith pointed out that the City would be paid for doing that "and we have developed a price based on the cost of the pipeline and their pro -rated share of that pipeline over a certain period of time. They seem comfortable with that price," he added. The only problem at this point is that Fort Collins -Loveland is not able to meet all the water quality goals contained in the agreement. "Until they get to that point, we probably won't enter into the agreement in a formal manner," he explained. The City will probably look for some short term alternatives to get the District by for the next year or so. He reiterated that what staff is asking for is conceptual approval. The agreement is basically a long term type arrangement and staff may return with some short term arrangements for the Water Board's review in the interim. Mike DiTullio, the Director of Fort Collins -Loveland, planned to attend today's meeting but was detained in Denver. The District is very anxious to get things worked out, Mr. Smith stressed. He and Mr. DiTullio will be working on some short term alternatives for next summer. They won't have made improvements to their plant by then to meet all of our water quality goals; however, they can meet the standards. There are different levels of standards and water quality goals, he explained. They don't believe they can meet those goals at this time until they make some improvements to their plant. Therefore, at this point they couldn't sign the contract and meet the terms, but they will get there eventually, Mr. Smith assured the Board. Dr. Sanders asked if there was any specific goal that they would have diffi- culty meeting now. Mr. Smith replied that one is corrosivity stabilization. Ben Alexander said that staff hasn't looked at it very closely yet, "but there are some pretty high standards that we are shooting for," he admitted. N Water Board Minutes • • December 16, 1988 Page 3 Tom Sanders also asked if this would be the first time we mixed water with the District. "We have exchanged water before," Mr. Smith replied, "but not on a long term basis." Someone asked where the income would go. "The income would go into the water fund," Mr. Smith responded. Basically that's where the money came from to build the pipeline. He went on to explain that when the agreement is in full operation, the water the District delivers to us would be used exclusively in our foothills pressure zone which is on the west side. It would be necessary to do this because we can't mix their water and our water and give it to Anheuser-Busch which has very high quality standards. "We worked out arrangements that the demands they need will almost match the demands of the Foothills system. The people in the foothills zone will receive District water. "We don't expect that the Dis- trict will be ready for a couple of years to make those modifications." One of the short term options is if the City has excess capacity in the summer, we will sell them water at the south end. There is a question as to whether we will have excess capacity. "We have been pretty close to the limit a couple of times," he added. Hopefully, the expanded plant will work more efficiently and provide more capacity. We will know the answer to that this summer, he concluded. When the Engineering Committee approved the agreement earlier, the only question was in the area of water quality and improvements in the water quality provisions were subsequently incorporated. Mr. Smith explained that the water quality standards needed to be stricter because the plant that Fort Collins -Loveland gets their water from is shared by two other districts and Fort Collins -Loveland doesn't have ultimate control of what happens there, being just one of three partners. "We must dictate provisions in the contract to protect ourselves," he stressed. If the other two districts decide they are not going to treat the water in a certain way, we can shut it off. Neil Grigg moved that the Water Board express support for staff's efforts and approve the agreement in concept. Ray Herrmann seconded the motion. After some clarifications, the Water Board voted unanimously to approve the agreement in concept. 1989 Water Board Work Plan Molly Nortier explained that the City Code, in conformance with 1988 revi- sions, now requires all boards and commissions to file work plans for the coming year with the City Clerk's Office by the end of November. This year, the deadline has been extended to Jan. 31st. Staff supplied Water Board members with a list of proposed 1989 projects and issues for their consider- ation. Neil Grigg observed that the work plan items listed appear to fit in the Water Board committee structure. He suggested that the Board format their plan to fit into that structure as follows: Water Board Minutes December 16, 1988 Page 4 Evaluate the status of the following Water And Wastewater management issues and provide appropriate advice to Staff and to the City Council: Water Supply Policy A. Water Rights - Legal Issues B. Acquisition of Water Supplies 2. Facilities Evaluation A. Wastewater Treatment Plant Expansion Study B. Water Treatment Plant Optimization Study C. Halligan Reservoir Feasibility Study Conservation Program Investigate Regional Issues A. Regional Water and Wastewater Facility Issues B. District Relationships C. Northern Colorado Water Conservancy District Cooperation Other Issues as Appropriate "This might help to rationalize our committee work somewhat," he pointed out. MaryLou Smith agreed with the way Dr. Grigg has presented this. Therefore, she moved that the Water Board accept this as their 1989 Work Plan. Chester Watson provided a second. The Board voted unanimously to accept Staff's work plan with Neil Grigg's organizational structure. Bylaws Revision MaryLou Smith explained that at the last meeting the Board voted to amend the Bylaws with regard to committee structure. Her proposed revision was included in the packets. It is now appropriate to vote to place this revi- sion in the Bylaws. This proposed amendment leaves the committee structure more flexible then the current version does. Tom Moore moved that the Board accept the proposed revision to the Bylaws. After a second from Ray Herr- mann, the Board approved the motion unanimously. Committee Reports Tom Sanders called the group's attention to the draft of the committee list. He emphasized that anyone who is interested can sign up for any committee. There were no changes suggested. Thus, the draft will become the official list. Conservation and Public Education Committee MaryLou Smith announced that her committee had an organizational meeting prior to the Board meeting. They will continue to look at what their charge is. They will also be looking at the Water Supply Policy to review the ele- ments that relate to water conservation. They will be evaluating the cur- rent program and will decide how active they should be in determining new pro- grams. If anyone has any ideas about what the committee should be looking at, he should forward them to Ms. Smith. r Water Board Minutes • • December 16, 1988 Page 5 The Engineering Committee and the Legislative and Finance Committee had no reports at this time. Water Supply Committee Chairman Neil Grigg reported that they will meet after the Council's deci- sion on the Water Supply Policy report. Mike Smith announced that the City Council will be considering the Water Supply Policy on Tuesday, December 20. Any Water Board member is welcome to attend. This meeting will consider a resolution adopting the policy. In Jan- uary or thereafter, Council will adopt ordinances changing the rates for service customers and adopting the raw water requirements in order to obtain more money to buy water. "Since three Council members were on the Committee that made the recommend- ations," Mary Lou Smith asked, "do you anticipate any problems?" Mr. Smith replied that he doesn't think the Council has too many questions about it. He's uncertain, however what questions may come from the audience. He reported that staff had sent out letters to developers and home builders. So far, the response has been fairly positive. There should also be an article in the Coloradoan this weekend covering what Council will be consid- ering in the resolution. Staff Reports Treated Water Production Summary Dennis Bode said unless anyone had questions, there was nothing unusual in the November report. Tom Sanders asked if we had record high demands in October because it was unusually warm and dry. Mr. Bode said there were some higher demands,,but part of that was because Anheuser-Busch is now on line. Also, it was very dry in October so there was a lot of lawn watering. Mike Smith distributed an update on legislative issues that Linda Burger prepared. The legislative session is approaching in January, so the Legis- lative/Finance Committee can become active on some of the issues. Linda Burger said that the indication she has received is that between the change to limit the session to 120 days and the passage of the GAVEL amendment, legislators are getting their bills together in advance and will have them ready when the session starts. "Things will move very quickly," she said. Many people believe that the process will be much different this year. Unfortunately, there will be very little reaction time. Dave Stewart conveyed his concern about the proposal to transfer the Water Quality Commission from the Health Department to the Division of Natural Resources. He understands that it has gained support this time. Linda Burger verified that there is a bill and it has substantial support. Tom Sanders was also concerned and asked when they would be voting on that bill. Ms. Burger replied that the bill is ready and with all the anticipated support, she expects it should be one of the first to get the Legislature's attention. Mike Smith suggested that the Water Board refer this to the Legislative/Finance Committee. Water Board Minutes December 16, 1988 Page 6 Ms. Burger advised the Board that there are somewhat sensitive political issues involved in this proposed legislation. Dr. Sanders was adamant about the Water Quality Commission remaining in the Health Department, "and most sanitary engineer background people agree," he contends. Ms. Burger pointed out that a sanitary engineer is sponsoring the bill. Mary Lou Smith believes that the Board needs a great deal more information before they can act on this. Tim Dow, the chairman of the Legisla- tive/Finance Committee, suggested that his committee look at the bill and report back to the Board at the January meeting. Dr. Sanders noticed that Excalibur was mentioned with regard to due dili- gence in the summary that Linda Burger distributed. Ms. Burger responded that there were primarily two issues being considered in the general area of due diligence: one is the decision made last year called the Vidler decision which was a ruling against the Denver Water Board. It basically made it more difficult for communities to use planning for future growth as a basis for asserting water rights. At the same time, Rep. Chris Paulsen has taken an interest in the Excalibur case. He may pursue changing due diligence requirements in order to make it easier for private developers such as the Excalibur Corp. and a couple of others in the state, to file for water rights with apparent purposes of speculation, although he doesn't come out and say speculation. "Our concern," she said, "is perhaps working to put some limits on the Vidler decision so it doesn't impact our ability to plan for the future; but, at the same time, if a bill comes up in that area, to make sure that it doesn't encourage speculation." Neil Grigg pointed out that the Water Resources Research Institute, which he currently directs, has had great difficulty in getting any state appropria- tions to support the Institute. "We are the only state that doesn't support their institute," he said. "I don't know the reason for that," he admitted, "but I'm going to be working on it this year." The institute basically does three things: 1) It supports research projects; 2) It networks with other agencies; and 3) It tries to identify problems that need research and need solutions. "This is a legislative issue that has become political because of some unknown reason," he asserted, and he hopes to determine why. Other Business Mike Smith introduced Craig Harrison of Harrison Resource Corp., who will explain a potential opportunity for water storage. Although the Water Board won't be required to take action today, approval of this project is contin- gent upon the Board's recommendation no later than February and City Council approval in March. Mr. Harrison began by saying that this is a reservoir project without the water. There are some water rights with it but he is looking at it more in terms of storage than water rights. He explained that using gravel reser- voirs for storage is a fairly new concept on the Front Range. He pointed out the specific gravel reservoirs on a map attached to his handouts. They Water Board Minutes • • December 16, 1988 Page 7 were identified by numbers 1 through 6. He indicated the advantages to the City of each of the potential reservoirs. He listed the following ten poten- tial uses of the reservoirs: 1. Minimum stream flow through entire city area. 2. Off -stream water storage. 3. Added stream flow in connection with wastewater discharges. 4. Increased flow for fishery reasons. 5. Water exchanges upstream. Location allows releases into Larimer & Weld Ditch, Lake Canal Ditch, Timnath Reservoir, and Greeley No. 2, where the majority of ag. water is. 6. Aquifer recharge 7. Plans of augmentation. 8. Permanent ownership exchange for Big "T" units from farmers under the Larimer & Weld and Greeley No. 2 ditches. Approximately 30,000 units, or 28% of all remaining personal ag. Big "T" allotments are located under these two systems. 9. Use as an equalizer reservoir for management tool on Poudre. 10. Way to enhance the value of your ownership of direct flow decrees in Larimer No. 2, New Mercer, Arthur and Pleasant Valley Ditch systems.. Next he listed the benefits of the storage project in terms of location, timing, value and functionability. He also prepared a project summary estimate of comparative costs, in terms of land, water rights, reservoir size in approximate surface acre, and estimated storage area. He is allowing 60 days for the City to look at the proposal. He said that he has also approached the cities of Lafayette and Boulder as well as Coors, and the St. Vrain Water Conservancy District with similar proposals. Mr. Harrison suggested that one could look at the cost of not lining the reservoirs, and when the ponds have been pulled down, let any water that is flowing in flow back to the River, which would enhance the minimum stream flow. This is feasible in the Poudre Basin because it is such a large water shed, he said, unlike other basins where lining the reservoirs would be essential to capture every gallon of water. He emphasized that the unique thing in the local project is that the reser- voirs are all located above the City. "Everyone else is looking at them below the City," he said. The key to storage is having it above you for the flexibility it provides. Mr. Harrison talked with Ray Liesman who is the water referee. "I thought if anyone would have a good handle on what every- body has been trying, he would." His thoughts are if you purposely put your water right in there, purposely take your water right out, then you are not Water Board Minutes December 16, 1988 Page 8 going to have to augment. Any evaporation is going to be your water right that you are losing, and not the basin's. The problem area is when your water right is out of there and the ground water seeps in. "That's where the lining comes into it," he added. "How are we going to get the water out of these reservoirs," Tom Moore wanted to know. Mike Smith replied that it would have to be piped out or pumped out. "Does it go by gravity to the River," Jim Kuiken asked. The pipeline would have to go downstream a short distance before it goes back to the River, Mr. Smith answered. "In theory, if the railroad right-of-way would ever come to pass," Mr. Harrison began, "you would be able to run the pipe down that railroad right-of-way. Then you should be able to daylight it back into the River by gravity; at least at the elevations we looked at. "One of the things we have to look at," Mr. Smith said, "is the uppermost reservoir is quite a distance above the river level, so you have a little more elevation to work with." He encouraged anyone who wants to look at these in the next month to call Craig Harrison and arrangements will be made. Tom Sanders suggested that the Board select a date that was agreeable to interested Board members, and go as a group. "Is the cost $560,000," Jim Kuiken asked. "That's right," Mr. Harrison replied. His theory is that if you can take the early water that would be cheap compared to reservoir water, and turn the river water into reservoirs, then you have created a monetary enhancement of value. What you need to factor in now is the cost of what it is going to take to get those ponds ready to receive and discharge. Dr. Sanders asked if mineral rights go with this. "No," Mr. Harrison answered. There is an existing sand and gravel right; sand and gravel is reserved from this because they are continuing to mine in Reservoir 6. As they complete the mining, you would get possession of 6 reservoirs. Quite a lot of the storage is in 6, he said. The total estimated storage for the project is 2,000 acre feet, he concluded. The Water Board will meet at the Service Center on Friday, January 13 at 3:00 to tour the facilities. Please contact Craig Harrison for other arrangements if you can't go on the 13th. Jim Kuiken suggested that staff advise the Board how this would work into the system, and where the water could be exchanged, etc., before the next regular meeting. 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