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HomeMy WebLinkAboutWater Board - Minutes - 11/21/2013Water Board Minutes November 21, 2013 1 Fort Collins Utilities Water Board Minutes Thursday, November 21, 2013 Water Board Chairperson City Council Liaison Steve Malers, 484-1954 Wade Troxell, 219-8940 Water Board Vice Chairperson Staff Liaison Brett Bovee, 219-2747 Jon Haukaas, 221-6671 Roll Call Board Present Chairperson Steve Malers, Board Members Brian Brown, Becky Hill, Eric Garner, Liesel Hans, Lori Brunswig, Andrew McKinley, Duncan Eccleston, Heidi Huber-Stearns, and Phil Phelan Board Absent Vice Chairperson Brett Bovee Staff Present Jon Haukaas, Donnie Dustin, Kevin Gertig, Laurie D’Audney, Lisa Rosintoski, Mark Kempton, Carrie Daggett, John Stokes, and Harriet Davis Guests Bob Heer and Samantha Eckert Meeting Convened Chairperson Malers called the meeting to order at 5:30 p.m. Public Comment None Approval of October 17, 2013 Minutes Board Member Brown moved to approve the minutes of the October 17, 2013, meeting. Board Member Huber-Stearns seconded the motion. Vote on the motion: It passed unanimously. Staff Reports Monthly Water Resources Report Water Resources Manager Donnie Dustin provided this report for the agenda packet. October saw 86 percent of projected water demand. There is 100,000 acre-feet more in the Colorado Big Thompson (CBT) system than this time last year. Staff is hopeful there will be no water restrictions next year. Water Supply Management (Restrictions) Action Plan Customer Connections Manager Lisa Rosintoski presented information on this item. This report is a summary of the water restrictions that were implemented in Spring 2013. Staff committed to City Council to follow-up on next steps regarding the Water Supply Management Action Plan. Staff will meet with the City Attorney’s Office to further discuss the ordinance. This information will be presented to City Council on January 14, 2014. Water Board Minutes November 21, 2013 2 Highlights from the discussion:  A board member inquired if staff is talking with other entities regarding lessons learned from the experience. Mr. Dustin responded that staff has attended meetings with water suppliers in the Front Range; however, restrictions are different for this area since Fort Collins does not have as much storage as other surrounding communities such as Denver, Aurora, and Colorado Springs.  A board member inquired about the chronology outlined in the ‘Background’ section of the report. The board member suggested this should be reworded to provide clarification regarding the chronological order of events.  A board member inquired about the cause of violations regarding restrictions. The violations were primarily due to lack of awareness on customer’s behalf; however, some individuals were aware of the restrictions and chose not to comply. Code Changes Regarding Water Rights Credits (Attachments available upon request). Mr. Dustin presented information on this item. Staff is seeking the board’s recommendation regarding discontinuing water right banking. This item will be presented to City Council on December 3, 2013. Raw Water Requirements (RWR)  Provides raw water to meet treated water needs  Paid in irrigation company shares or cash  Current Code allows shares to be submitted whether or not water service permit is pending  Bank shares for later RWR satisfaction  Credit account or City certificate Water Right Banking  Mutually beneficial in the past  Shareholder: no longer pay assessments, receive transferrable RWR credit  Water Utility: acquired shares ahead of need, useful for change of use in water court  Less beneficial to Water Utility  Large block of Southside Ditch (SSD) shares nearly finalized  Need water storage to make shares useful  Must curtail acceptance at some point Current RWR Credits  About 2,000 acre-feet in current credit system  5 year average RWR about 350 acre-feet per year  Approximately $55,000 per year in assessments Discontinue Water Right Banking  Change code to discontinue banking  Developers still about to provide acceptable shares  Existing RWR credits and City certificates used when needed Highlights from the discussion:  A board member asked for clarification on the purpose of the assessments. Mr. Dustin stated the ditch companies charge assessments to each shareholder to maintain the ditches.  A board member inquired about damage sustained during the September flood event. Mr. Dustin stated the North Poudre Irrigation Company (NPIC) sustained damage to the Fossil Water Board Minutes November 21, 2013 3 Creek Reservoir inlet ditch near the Drake Water Reclamation Facility (DWRF). Also, the New Mercer Ditch Company sustained damage at the river head gate.  A board member inquired about the advantages to developers. Does staff anticipate any push back from developers regarding the change? Mr. Dustin stated developers may not like the changes, since under current Code they can avoid assessments by banking shares. Also, they may lose the convenience of handing in a block of shares they might have purchased all at once versus only as needed. But these conveniences are at the expense of Utilities and its ratepayers.  A board member asked how this change is related to the Water Right Utilization Fee (WRUF) that was presented to the Board a few months ago. Mr. Dustin stated that it is not directly tied to the WRUF. Since Council asked for additional work on the WRUF, Utilities is considering options. A potential option would be temporarily accepting only cash instead of water rights. Therefore, the Code change might be helpful if that option were chosen.  A board member inquired about what happens if a project falls through for a developer. What is the process with the new system? Water Engineering and Field Services Operations Manager Jon Haukaas stated final acceptance does not happen unless there is an approved and completed development. Deputy City Attorney Carrie Daggett also stated that the approach to the Code amendment being taken by staff would result in credit for water rights turned in for a development being attached to a particular property that was to be developed if a developer does not proceed with the planned development.  A board member inquired about the percentage of developers that pay cash versus turning in the water rights. Mr. Dustin stated this varies from year to year, but is typically a 50/50 split.  A board member inquired if this can be changed again in the future. Yes, this would require a revision to the code.  A board member inquired if this process can remain the same so there is some flexibility in the future. Mr. Haukaas stated this may create some ambiguity in the future if the code is not changed. There is very little benefit for the City to continue the banking option. Ms. Daggett reiterated this change eliminates the code-driven process; however, this does not preclude the City from buying shares in the future. Discussion on the motion: There was no discussion on the motion. Vote on the motion: It passed unanimously. * Board Member Eccleston was not present for the vote. Poudre River Projects Update (Attachment available upon request). Natural Resources Director John Stokes presented information on this item. Background  For several decades the City has been making investments to improve the Poudre corridor  Natural Areas owns over 1,400 acres and 17 natural areas  Over 60 percent of the floodplain is publicly owned  Stormwater Utility has built numerous improvements to mitigate flood impacts  The Poudre Trail is on the way to becoming a continuous trail from LaPorte to Greeley Board Member Brown moved that the Water Board recommend that City Council adopt City Code changes to discontinue the practice of water banking. Board Member Huber-Stearns seconded the motion. Water Board Minutes November 21, 2013 4 City Plans  Plan Fort Collins (2011)  Cache la Poudre River Natural Areas Management Plan Update (2011)  North College Corridor Plan (2007)  UniverCity Connections: 2012 Poudre Report Budgeting for Outcomes  Council approved several projects in the 2013/2014 budget  Resources for the projects are from Natural Areas, Stormwater Utility, Parks Planning, and Keep Fort Collins Great  In addition there are funds from the State, a non-profit organization, and the local brewing community (New Belgium Brewery and Odell Brewing Company) Restoration and Rehabilitation  Sterling Ponds Natural Area  Josh Ames diversion structure will be removed and stream banks will be lowered  Mr. Stokes showed before and after pictures of the project.  Work on this project will be delayed until February 2014 due to unusually high flows in the river.  Stormwater Mitigation-Vine Street Outfall  Shields Street Bridge and Parking Lot  The bridge will be replaced and a new parking lot will be constructed.  McMurray and Salyer Natural Areas  Mr. Stokes presented before and after photos of these areas.  Downtown Planning Project  This includes a Master Plan for the Poudre River corridor from Shields to Mulberry.  This project includes the Stormwater Utility, Natural Areas, and Parks Planning.  Coy diversion structure  Both the City of Fort Collins and the East Larimer County Water District (ELCO) share the water rights; however, water is no longer delivered through this structure.  Opportunity to modify the structure for boating and tubing  Woodward Site  Mr. Stokes presented a design drawing for the Woodward site.  Mulberry Bridge/Lemay Bridge  Poudre River Trail at Interstate 25/Arapaho Bend Natural Area  Potential overpass at I-25 Ecosystem Response Model  Working with scientists from Colorado State University (CSU), the Nature Conservancy, US Geological Survey (USGS), and US Forest Service (USFS)  Integrated model of how the ecosystem works or doesn’t work  Looking at different hydrological scenarios  Completion is scheduled for January 2014 Poudre River Study Action Group  Convened by CSU’s Water Institute  Diverse set of stakeholders  Developed concept of a “Healthy Working River”