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HomeMy WebLinkAboutWater Board - Minutes - 11/04/1977WATER BOARD Regular Meeting November 4, 1977 - 3:30 P.M. Present: Ward Fischer Raymond Anderson Bernard Cain, Jr. Henry Caulfield Norman Evans Ronald Fulkrod Glen Johnson Peggy Reeves Absent: Harvey Johnson Everett Richardson Staff members present:. Hays, Krempel, Liquin, and Nortier Prior to starting the agenda as prepared for the meeting, a presentation of the Larimer County Land Use Plan was made by Mr. Larry Timm, County Planner. The present city limits of Fort Collins, the projected city limits to the year 2000, and the area of mutual concern to the City and the County namely a three mile limit beyond the year 7.000 projected city limit were outlined and discussed. The projected year 2000 population for Fort Collins is 205,000. The Water Utility administration advised the Water Board of recent inquiries and requests for utility service beyond the presently proposed year 2000 city limits. These requests were for service to serve lands south of Harmony Road for about one-half mile. Another request for service was for lands north of Highway 287 and east of LaPorte. A further concern of the Water Utility is the six square mile area south of Harmony Road and along Highway 287 which in itself could support a population of 10,000 - 12,000 people and which may also be conducive to incorporation. Chairman Fischer advised the Board that he assumed that the only way the City would agree to have Harmony Road or any other line as the boundary of the City would be on the understanding with surrounding districts that there would be a substantial area of nondevelopment or green belt all around the City. Following considerable further discussion, it was suggested by Chairman Fischer that a letter be forwarded to the City Council advising them of the views of the Water Board (see Exhibit A). Mr. Roger E. Krempel, Water Utilities Director, reported on the Vahrenwald request and stated that the City was aware that It & I, Inc. was doing an engineering study. He further stated that action was not necessary on either the Vahrenwald request or the Vigor Request. I Minutes Approved Chairman Fischer inquired if there were any corrections to the minutes of Regular Meeting of July 8, 1977, Special Meeting of July 25, 1977, Executive Session of August 5, 1977, Regular Meeting of August 12, 1977, and Special Meeting of August 22, 1977. Hearing none, he declared the minutes approved as published. Report on Water Situation Mr. Tom Hays, Senior Water and Sewer Engineer, reported on the water situation and stated that he has been keeping track of the water consumption and use on a daily basis since July 1977. He stated that he is trying to see if the projection methods that were used this summer were yielding results that are comparable to the actual usage so as he will have a better basis for making projections next summer. He stated water is now being supplied to the water districts, and there have been no problems supplying the total amount of water to the districts and to the City. Mr. Hays advised that it has been felt over the years that there has been a reduction in the capacity in the transmission lines from Water Treatment Plant No. 1 to the City and that an analytical process of determining what the capacity is in each of the two lines will be done in the next week. Mr. Hays stated that at Soldier Canyon Outlet, the contractor has begun moving equipment in to work on the landslide, and this work should be completed by the first of December. Mr. Krempel stated that the slide as it approached the intake was divided by a large rock a little above the intake, and caused it to split around the intake. He stated that had that not happened, the City would not have been able to get water out of Horsetooth Reservoir. Chairman Fischer stated that a couple months ago, the Board had decided to try to make projections so that next summer the Board would meet on a biweekly basis to determine what restrictions if any would be required. He inquired as to when information would be ready to make a tentative analysis as to the projected water availability, what the supplies and demands will be, and whether restrictions will be needed the beginning of next summer. It was decided that Mr. Hays could have this information ready by the end of February and the Board could meet the first part of March to decide what to recommend as far as restrictions. Report on Class "C" Lawsuit Mr. Krempel stated that he had attended the Water Quality Control Commission hearing, and at the hearing, the Commission had finally taken all of the regulatory steps to take final action on the Class "C" request for the Poudre River. They had a proper resolution, a proper purpose for their actions, a fiscal impact statement, and their Attorney General's opinion, all of which were favorable, and they could have taken action. But the Commission decided to turn over the action to deny the Class "C" request, and they denied the Class "C" by a 5 to 4 vote, which was a majority of the members present. But the technical secretary now doubts that that was final action, because it would take six members of the Commission to take final action, or a majority of the entire Commission. -2- i Board member Evans stated that he believed that the Commission, even the members that voted contrary, want to scc a Class "C" on the Poudre River, but there is a fear and concern about precedence setting that is clouding clot of: the thinking. The precedence setting would be if the Poudre River "C" Class was done on the grounds of extensive wide spread economic hardship, that that precedence opens the door for alot of other cases that would be difficult for the Commission to keep a handle on. It is really a question of what is widespread economic impact. He stated a number of the Commission members also felt that they did not believe that economic hardship was a supportable reason. It is not a matter of the Commission not wanting to grant a Class "C" for the Poudre. It is a matter of getting it done carefully and rightly to avoid something else, in terms of precedence. Board member Evans further stated that he understood that it would not appear on the agenda again. He is not sure how it stands, but he felt to keep things going, he should ask to have the matter put back on the agenda for the next meeting. He requested guidance as to how the Water Board felt about it. Further discussion of the Commission action resulted in a request from the Water Board that Dr. Evans request the Class "C" be placed on the agenda for the December meeting of the Water Quality Control Commission and further that the Commission consider "irreversible manmade conditions" as the justification, as this parameter was fully documented at the hearing in March. Subcommittee Reports Board member Reeves stated that the recommendation the Water Board made regarding the water saving devices is incorporated into the Plumbing Code. The Building Inspection Department set up a hearing with the Building Board of Appeals on the Plumbing Code and then it will go to a work session with the Council. Hopefully it will be in action by January. She suggested that maybe someone should start an education program on water saving landscaping, possibly in conjunction with the nurseries. Board member Caulfield, representing the Legislative Committee, advised that at the last meeting of his committee, the question of stream classification was discussed and he requested additional clarification so that the Water Board could have a positive position for the long run as any "C" Classification is temporary. Mr. Krempel suggested that once he has had a chance to study the regulations in a little more detail, a committee meeting could be held to go over the entire regulation. Staff Reports 1. Mr. Krempel stated that the Water Commissioner on the Western Slope has been advised that the City will proceed to utilize all of the decreed waters on the Michigan Ditch. The Water District Engineers will be developing an abandonment list January 1 and some people felt that the City would not try to develop all the decreed water on the Michigan Ditch. 2. Mr. Krempel stated that Mr. Liquin and a few staff people went to the Rocky Mountain WPCA and AWWA meeting in Albuquerque, New Mexico, and met Mr. Allen Merson, the new Regional Director of EPA. He proposed that the Mayor invite Mr. Merson to Fort Collins to discuss and show him rivers that are predominantly agricultural/irrigation streams. -3- 3. Chairman Fischer stated that the Colorado Water Conservation Board has been requested by Game and Fish Department to establish minimum stream flows on the South Fork, 10 feet in one area and 15 feet below. This would interfere with any storage right if the City ever built a dam on the Rockwell Ranch. He stated that the staff concluded the only way to protect the right is to file for conditional decree on the 12 efs of water rights on the Rockwell Ranch which would predate the minimum stream flow appropriation. 4. Mr. Krempel stated that the City Attorney appeared at the Larimer County's Colorado Land Use Commission Hearing to designate items as matters of state interest, and he appeared in regards to water projects, and solid waste projects. He stated that sewage sludge is considered a solid waste subject to the same regulations as a sanitary landfill. The City Attorney made the point that the City is proceeding with a sewage sludge project for land application, and this will be done in accordance with other regulatory state agencies, and would not be a matter of state concern. The City Attorney also made the point that the Water Board had a Public Hearing on house Bill-1041, and the Board had found that City of Fort Collin's water projects, even though they might be outside of the City limits, are not a matter of state concern. 5. Mr. Krempel stated that the City has been offered small blocks of Big T water. He stated that a decision should be made in the near future as to waters the City should purchase over and above the current negotiations on Barnes Meadow. 6. Mr. Krempel reported on Joe Wright Reservoir project and stated that the work is coming to a good conclusion this fall. Other Business Chairman Fischer stated that the last item concerns Water Supply and Storage stock. He stated that the City has accepted Water Supply stock based on the historic average of 107 acre feet. He felt that because the South Side Ditch stock yield was reduced and in view of the fact that when this stock is used, the City loses 20% for shrinkage, the yield for Water Supply and Storage stock should be reduced by 20%. The Water Board was reminded by the staff that the Water Supply and Storage stock includes storage and that a reduction in the yield could be a factor in the City's acquisition of the Cameron Pass Ditch from that Company. It was further suggested that if Water Supply and Storage were to be reduced in yield, that the North Poudre Irrigation stock as well as Warren Lake should also be considered. After discussion of this matter, the Chairman of the Water Board stated that the present policy would remain in effect. Adjournment There being no further business, the meeting adjourned. i Charles Liquine/ i7 Kays Imel