Loading...
HomeMy WebLinkAboutWater Board - Minutes - 01/16/1987s Members Present Norm Evans, President, Ray Herrmann (alt.) MINUTES Water Board January 16, 1987 Tom Moore, Dave Stewart, Jim O'Brien, MaryLou Smith, Staff Present Mike Smith, Dennis Bode, Linda Burger, Paul Eckman, Assistant City Attorney Members Absent Henry Caulfield, Vice President, Neil Grigg, Stan Ponce, Tom Sanders, John Scott, Jo Boyd (alt.) President Norm Evans opened the meeting. The following items were discussed: Minutes The minutes of the December 19, 1986 meeting were approved after it was noted that Paul Eckman's name was omitted from the staff present list. Discussion of Water Board/Staff Workshop Mike Smith recalled that the Board had discussed the possibility of a work- shop a few months ago and there was interest in pursuing it. Mr. Smith suggested that staff contact Carl Neu, the consultant who initially conducted the workshop in 1983. Dr. Evans summarized the general scope of the workshop for those who were not on the Board at the time. The purpose of the workshop was to "sound out" the feelings, perceptions, and understanding about the relationship of staff and Water Board with regard to how satisfactorily the Board does its job and how well the staff performs its tasks relative to the Board. Another purpose was to try to identify some of the problems surrounding that relationship. The bulk of the workshop was based on a questionnaire that was circulated in advance to both the staff and Water Board. Some sample questions were: How well are the City goals related to your Board's responsibilities? How well are City goals understood by staff? Is there a clear, agreed upon definition of Board and staff roles? Are communications within the Board open and pro- ductive? Are communications with staff open and productive? Do Board and staff members demonstrate trust for each other in their interactions? Page 2 Water Board Minutes January 16, 1987 The consultant analyzed the answers, summarized them, and produced a profile of how both staff and Board members perceived the Board/staff relationship; both how well the two work together and how well they understand each other, and whether or not a direction has been established. The underlying subject of the workshop was teamwork and satisfactory performance of the staff and Board. Dr. Evans concluded that, essentially, those who participated, thought the workshop was fruitful and productive. Constructive suggestions were made and some were implemented. MaryLou Smith, Chairman of the Bylaws Committee, reminded the Board that they had decided to complete the ByLaws revisions at a session like this. The ByLaws, she said, reflect what "we are as a group," and the summary seems to indicate that this workshop concentrates on our identity as a group and how we function. Dr. Evans asked the staff to pursue the necessary arrangements for a workshop. Filing for Water Rights A memo pertaining to this subject was distributed earlier to the Water Board. Mike Smith explained that Rich Shannon had sent a letter, dated December 31, 1986, to the Board and Council informing them that staff had filed for some water rights on the Poudre. These water rights are a part of the River Opportunities Project which was discussed with Water Board and City Council earlier this year. This project includes making various improvements (i.e. fish and wildlife habitat, instream flows, recreation, and general riparian improvements, etc.) to the river through Fort Collins. The cost savings, if any, associated with avoiding more expensive wastewater treatment, would be used to fund increased flows. Maintaining higher flows would also improve water quality and support aquatic life. The Water Utilities staff has continued to work on this project which will be an integral part of the National Recreation Area Study recently authorized by Congress. In order to preserve the City's opportunities to develop instream flows in the Poudre through Fort Collins, the staff thought it was essential to file for water rights immediately due to all the recent water rights activity which has occurred during the past few months in northern Colorado. Staff stressed that although the City has a rational basis for obtaining these water rights, there probably will be considerable opposition to the City's innovative efforts to provide instream flows for recreation, aquatic life, and wastewater treatment purposes. Some believe that State Statutes, allow only the Water Conservation Board to file for instream flows. Furthermore, it is believed that nobody has ever filed for a dilution flow as a beneficial right. Page 3 Water Board Minutes January 16, 1987 The water rights which the City is claiming in the application that was filed consist of the following: 1. A conditional right for 55.0 cubic feet per second (cfs) in the Cache la Poudre River from the Overland Trail Bridge to the Interstate Hwy. 25 Bridge for recreation, aquatic life, and wildlife. 2. An absolute right of 0.9 cfs in the Cache la Poudre River from the Lincoln Ave. Bridge to the Interstate Hwy. 25 Bridge for wastewater treatment purposes. 3. A conditional right for 39.1 cfs in the Cache la Poudre River from the Lincoln Ave. Bridge to the Interstate Hwy. 25 Bridge for wastewater treatment purposes. Mr. Smith said that staff has not yet done an economic evaluation. They are just in the process of looking at the flows. He explained that there are private interests also looking to improve the river through the City so private and public goals "go hand in hand." Linda Burger, Environmental Regulations Specialist, has been working closely with the Poudre River Trust and Trout Unlimited attempting to get the program going. As mentioned before, this project also fits into the National Recreation Area Study being done. Mr. Smith added that very few entities who would be interested know about the filings yet, other than the Northern Colorado Water Conservancy District, "so we have not received any reactions yet." Dr. Evans suggested that, since we have made the filings, it would be wise to make it known through the Poudre Water Users Association, giving them the reasons for the action. Several Water Board members asked about the City's chances for these rights. Mike Smith and Paul Eckman think there will definitely be opposition. The question would be if these rights would cause any injury to others. Mr. Smith explained further that the rights would be very junior; "it would just be protecting us from future appropriators." Dr. Evans pointed out that the City objected initially to the instream rights that were applied for and granted to the Water Conservation Board because they might inhibit exchanges. This same argument may be applied to our request. Jim O'Brien asked if anyone can file in opposition even if they wouldn't be injured. Paul Eckman replied that not just anyone can oppose these filings; on the other hand, your "injury can be pretty remote." He added that because the State Engineer has a duty to monitor all this, he is a party in all actions. President Evans commented that he thinks this is a very constructive, far-sighted way to go about this. Other Board members concurred. Mike Smith said that staff should be getting more information soon to pass on to Board members. Page 4 Water Board Minutes January 16, 1987 Staff Reports Mike Smith reported that staff has learned about the possible purchase of water rights at Meadow Creek Reservoir in North Park, which could imply that some party is planning some activity there. It appears that land developers with metro area interests have acquired some water. Staff is trying to find out what is happening. Some names have been mentioned. He asked if any Board members had heard anything. Dave Stewart mentioned a couple of possibilities. Mike Smith asked Paul Eckman to request water resumes from the Division 6 District to keep an eye on activity there. Staff will keep the Board informed of any developments. Mr. Smith announced that the Water Board Policy Committee will be meeting on Wednesday to review the next draft of the Water Supply Policy Report. If all goes well, it may be possible to bring the report to the Board at the February meeting. Molly Nortier announced that there will be a dinner meeting of the Loveland, Fort Collins and Greeley Water Boards and staffs on Thursday, February 12 in Loveland. Loveland will host the dinner and details will be furnished later. Norm Evans commented that he is pleased that we are following up on plans to meet on a regular basis with area water entities. He was discouraged to hear recently, negative rumblings locally about regional cooperation in water related matters. It is important that we continue to maintain regional cooperation, he stressed. Other Board members agreed. Other Business Norm Evans discussed some of his concerns about the Northern Colorado Water Conservancy District (NCWCD). There appears to be conflict between the District and the Platte River Power Authority (PRPA). The City of Fort Collins is primarily an observer and has not taken an active role on the Windy Gap Advisory Committee. Some of the cities on the Advisory Committee don't think they are being consulted by the sub -district in making important decisions. Then there is the issue of the ad valorem tax still in evidence. Dr. Evans read that John Sayre, Counsel for the NCWCD, has mentioned that the District is not ruling out ad valorem taxes in the sub -district. These are some issues he has observed. He would like to see Fort Collins represented in the sub -district in a positive way. Dennis Bode who usually attends the Windy Gap Committee meetings, explained that the previous Six Cities Committee was recently renamed the Windy Gap Committee and a more open membership was established. Those entities that have some first use of Windy Gap water, such as Fort Collins, are members. Fort Collins is a member somewhat like the others, although we are not a paying participant and don't have quite the same status. Page 5 Water Board Minutes January 16, 1987 Mike Smith explained that regarding the Sub-district/PRPA perceived conflict, the Sub -district is fairly assertive about taking actions to protect what they think they need to protect. Although they keep people advised about their activities, they don't seem to go out of their way to ask for much input. The General Manager of PRPA had a difference of opinion as to what should be happening. That was part of the problem with the refunding issue. The agreement entered into by the District, the Colorado River District and the Denver Water Board primarily benefits the Sub -district by protecting their Windy Gap rights. The District is certainly watching out for their interests. Mr. Smith believes that the staff of the sub -district and PRPA need to work things out between them. He also believes the District Board and Larry Simpson have the best interests at heart for both the Windy Gap group and the District. Mr. Smith offered to send out copies of the three -party agreement between the District, the Colorado River District and the Denver Water Board so the the Fort Collins Water Board can be aware of the provisions. He also suggested that staff could invite Larry Simpson to a Board meeting sometime soon to give an update on NCWCD activities. Dr. Evans agreed that a copy of the agreement and an update from Mr. Simpson would be helpful. Dave Stewart noticed that Linda Burger will be giving a talk on February 10 in Denver at the JTAC luncheon. The topic is "Current Update on the Water Quality Standards for Colorado, with an Emphasis on Ammonia and Nitrite -Nitrate Standards." He thinks that it reflects well on the City of Fort Collins that she was asked to speak. Ray Herrmann also recognized Dennis Bode for an article, co-authored by Andy Pineda and Dr. John Labadie of CSU, in the most recent Water Resources Bulletin. Mr. Bode said he appreciated all the assistance he received on the article. Mr. Smith said staff would send copies of the article to Board members. Staff showed a recently completed 7 minute videotape on the Fort Collins Xeriscape Demonstration Garden. Following the videotape, Norm Evans mentioned that there is a great deal of interest in a technical workshop for Xeriscape planning and design. Plans are being made for that jointly with a number of agencies that have an interest in it. We are seeing a wide interest in the Xeriscape concept, not only in this area, but nationwide, he said. Since there was no further business, the meeting was adjourned at 4:07 p.m. m Water Boar Secretary