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HomeMy WebLinkAboutWater Board - Minutes - 03/14/1975• C� WATER BOARD March 14, 1975 3:30 P.M. Present: Ward Fischer Bernard Cain, Jr. Raymond Anderson Henry Caulfield Everett Richardson Norm Evans W. G. Wilkinson Absent: Karl E. Carson Harvey Johnson James Waltz Robert Brunton Staff members present: Liquin, Alexander, Hilgenberg, and Lewis Also: City Attorney March Report from Subcommittee on Current Legislation Board member Caulfield stated he was requested to follow Federal legislation. He reported there is a National Water Conference that was announced by the Water Resources Council. Mr. Caulfield will be present at the Conference. The Conference signals an interest in the role of water in respect to national affairs. He will keep the Water Board informed on this. An action that is of indirect concern is President Ford included in the Federal Budget for 1976 the first funding for the five irrigation projects in the Colorado Basin Project Act of 1968. Minutes of Regular Meeting of February 14, 1975, approved Chairman Fischer inquired if there were any corrections to the minutes. Hearing none, he declared the minutes approved as published. Report on Minimum River Flow Chairman Fischer reported that in 1974, the Colorado Legislature passed a bill that allowed the State of Colorado through the Water Conservation Board to obtain an appropriation for a minimum stream flow. This legislation considered this necessary, because of a supreme court case which denied the right to appropriate all of the stream to a private individual on the grounds that this did not constitute a beneficial use of water. Aesthetic purposes in this region were not considered as important as irrigation purposes, and so forth, This legislature allows the State of Colorado to make minimum stream flow determinations for aesthetic purposes, which include fish life. The water users were not upset when this legislatuun passed because there has been a general acceptance of the concept that flows in streams for fish propogation �. lake levels is a beneficial use, and the Water Conservation Board would balance the various conflicting demands on the water before a minimum stream flow would be allowed. It did not work out this way because the authority has been somewhat advocated to the State Game and Fish Department to determine what minimum stream flows are desirable. Game and Fish decided they should recommend to the Water Conservation Board a minimum stream flow appropriation on the Poudre River from Rustic to just below Fort Collins of 30 cubic feet per second in the winter and 65 cubic feet per second in the summer. There is no time during the year that the existing senior appropriations do not dry up the stream at one time or another between these points. From that standpoint, Game and Fish could get nothing. But this will do great harm to the Poudre Basin. First, exchanges would be prohibited. It is required before an exchange be allowed, a determination is made that the exchange does not hurt either a senior appropriator or a junior appropriator. These exchanges would hurt the 1975 minimum stream flow appropriation. Board member Caulfield inquired if these exchanges were court approved. Chairman Fischer advised him that they were not. Petitions could be filed to seek court approval and priority for existing and future exchanges, but this would not protect the future exchanges. Some of the concerns are, first, the imaginitive approaches that will allow better exchanges in the future than we have now; second, we could not re -use water except by exchange, and this is an exchange which cannot be protected by our present court decree, because it doesn't exist; and third, it would prevent the possibility of obtaining any future change in the point of diversions, because such a change will be allowed only if you do not injure junior appropriators, which this would do. Instead of interfering with agricultural use, the City acquires rights in ditches which are overgrown by the City, and cannot make use of these waters without changing the point of diversion. The Cache La Poudre Water Users Association, which this City is a member, protested this in front of the Water Conservation Board, and will continue to do so. The Board will consider it May 2 in Grand Junction, and the Water Users Association will be present and a decision will be made. Chairman Fischer further stated that Dr.Richardson has developed a simulated model of the Poudre River, which by using the proper figures, and inserting them into a computer, can analyze the effects of diversions at various points, the existing diversions, and the effect of the minimum stream flow superimposed as it effects the exchanges. Mr Fischer stated we would like to present this evidence, which will graphically indicate what the problem is. The Water Board could take action if they wanted to, but if they don't, their views will be expressed. Mr. Fischer added if the cost was known to run -2- 11 the simulation, the Water Board might consider contributing something to the presentation. Board member Richardson stated he has had students working on a computer simulation model that can be used to study and manage the delivery of water. This model tells the flow variation on the whole Poudre River from the mouth of the canyo- to Greeley including the Reservoirs. We can tell from this, if they want to keep so much water, what that would do to any exchanges Jack Neutze might try to operate. We can take past historical records and run those through for a dry year, and knowing every day what the water is at the mouth and at various points of the river, we will know what would happen if we had to maintain a given amount of water in a given stretch. The problem is how to illustrate computer printouts in such a way that it will graphically show what this will lead to. The next studies will be on economic consequences. Mr Richardson advised the Board that the cost will be the running, analyzing, and presenting the program, not the development of the program. Board member Caulfield inquired if we are fighting the general principle of maintain a fishery, aesthetic, and recreational Poudre River. Chairman Fischer responded that we do not quarrel with the concept of aesthetics. If they will allow their proposed decree for their minimum stream flows to be subordinated to our right to exchange and change our point of diversions as they exist now and in the future, then there is no problem. If their desire is to acquire water rights to release and they want this appropriation to keep other appropriators from stealing their water, we will consent to it under those conditions, and we will attempt to find water to acquire for this purpose. Board member Richardson stated that we have been arguing that we don't have a viable fishery downstream of Fort Collins. Mr. Liquin stated that we are trying to be reclassified from a B2 stream to a C stream from College Avenue on down. Board member Evans stated the Game and Fish position on this is they agree there is no viable fishery. They have not established an official position on this as yet. Board member Caulfield inquired if the Board needed a position on this at this time. Mr. Liquin stated not at this time. He felt that after we get some more information, it is his recommendation that we should participate in taking the computer model to Grand Junction. Chairman Fischer stated tho .Association is going to meet with Game and Fish again and hopes it will be resolved at that meeting. Report on Plant Investment Fees Mr. Liquin advised the Board that the Developer Engineers Committee meet every year and discuss plant investment fees. The recommendation to the Council is to increase water plant investment fees by 26% and sewer by 20%. There are nationally published indexes on construction costs in the area. The Engineering News Record handles sewer and the Handy -Whitman handles water. MKM Report on U.S. Geological Survey Gaging Station Mr. Liquin stated that we put a gaging station on the Michigan River just above Michigan Ditch, and one in the vicinity of Joe Wright Reservoir. It was felt desirable to actually know what the flow in the river would be as it approache. the Sewer Plants. We have a proposal from the U.S. Geological. Survey, where they will put a gaging station 150 feet downstream from the Lincoln Street Bridge. They will also sample the water and it was felt we should have a sampling station somewhere by the rest area of the highway. This has been approved. Report on Bids on Sewer Treatment Plant #1 Mr. Liquin stated the recommendation to the Council on the bids on Sewer Plant 41 will be to hire Faith Contracting Company with a low bid of $736,000. Mr. Liquin added that on Cameron Pass there is about 6 feet of snow, and Jack Neutze feels that we have about 90% water content of normal this year. Also, we have set a tentative date for the formal hearing on the Impact Analysis. It will be held at the Savings Building, Friendship Room, on April 2, 1975, at 7:00 p.m. Consider meeting with the NCWCD on allotment contract with the Platte River Power Authoritv City Attorney March reported he did not attend the last meeting of NCWCD, but he received the latest draft of the contract and all the objections he had have been resolved, providing there is a firm understanding that when the allotment is in Platte River's name, all the City's obligation ceases, and they will accept Platte River. It appears everything is in order and they will allow the transfer. Mr. March will follow up on this and verify the contract. Consider Offer to Purchase 2/30th Share of Pleasant Valley and Lake Canal water from Fred M. Wise, 2411 West Vine Drive Mr. Fred Wise of 2411 West Vine Drive offered to sell 2/30th of one share of Pleasant Valley and Lake Canal water. After some discussion, the Board decided to buy it at the going price of $2400 a share. The Chairman put the motion, which was passed unanimously. Other Business 1. Chairman Fischer stated Mr. Brunton received a letter from Rob Lee & Associates, Inc. asking permission to connect to the City sewer system at Horsetooth Road and Taft Road. City Attorney March recommended to approve this, contingent upon their water bills will be paid and brought current, and they get a waver from Light & Power. The Chair put the motion, which was passed unanimously. 2. Mr. Liquin stated the Water Meter Study would be finished about March 25, at which time we will make copies and send a copy of the study to each of the members of the Water Board. Chairman Fischer stated if the study is finished in time, to establish the April meeting time at 3:00. If not, -4- • the Board will meet at 3:30. The next regular meeting of the Water Board will be April 18, 1975. Adjournment There being no further business, the meeting adjourned. ATTEST: cretary Chairman -5-