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HomeMy WebLinkAboutWater Board - Minutes - 07/18/1986MINUTES Water Board July 18, 1986 Members Present Norm Evans, President, Henry Caulfield, Vice President, Neil Grigg, Tom Moore, Tom Sanders, John Scott, Jim O'Brien, Stan Ponce, Marylou Smith, Dave Stewart, Jo Boyd (alt.) Staff Present Mike Smith, Dennis Bode, Webb Jones, Andy Pineda, Curt Miller, Tom Gallier, Paul Eckman, Assistant City Attorney Guests Ward Fischer, Legal Counsel for Water Supply and Storage Company Joe Maurier, Colorado State Division of Parks and Recreation Craig Bergman, Park Manager for Lory State Park Suzanne Bossinger, Natural Resources Board Members Absent Ray Herrmann (alt.) Vice President Henry Caulfield opened the meeting. The following items were discussed: Minutes The minutes of June 27, 1986 were approved as distributed. Staff Reports Treated Water Production Summary Dennis Bode reported that water use continued to be fairly high during the month of June and the first half of July; a recorded 13% above average use. The weather has remained somewhat dry with little precipitation. Page 2 Water Board Minutes July 18, 1986 "Picnic Rock" Issue Joe Maurier of the State Division of Parks and Recreation, introduced Craig Bergman, the Park Manager for Lory State Park. Mr. Bergman will be respon- sible for the management of "Picnic Rock" if the state plan is implemented. Mr. Maurier presented some background information about the issue. For the last 10 to 15 years, use of the Poudre River by boaters has increased sub- stantially. Because of that, several years ago, the river outfitters com- bined their efforts and went to the legislature to try to promote a better image for their industry. There were few regulations or safety precautions at that time. As a result, the Legislature appointed the Colorado Division of Parks and Recreation Board to initiate some rules and regulations, mostly safety oriented, for regulating river outfitters in the state in order to improve the group's image. The Legislature then asked the Board to investigate the possibility of a comprehensive recreational management system for rivers in the state. At that time, the state selected examples of some of the more visible problems on rivers that might be solved if they were regulated under a recreation man- agement agency. One of the areas that was cited was the "Picnic Rock" situa- tion on the Poudre River where there is an access problem for both put -in and take-out, as well as sanitation, health and safety problems. They began by having a public meeting to determine what some of the particular problems were and try to come up with possible solutions. Next, Mr. Maurier pointed out the "Picnic Rock" site on a map and indicated where the problems exist. It is approximately 2 miles up the Canyon from Ted's Place. The major problems seem to be on the section of the river below and above the Water Treatment Plant. This section receives about 80% of the use from river kayakers and commercial outfitters, primarily because it is convenient, relatively safe and it is easy for the novice boater. Some of the problems that evolved from their study were: 1) There are no toilet facilities; 2) There are safety issues. The major put -in is between Mr. Householder's property and the U.S. Forest Service boundary It is an unsafe situation because people park their vehicles on the road and then they must cross the road. 3) There is significant resource degradation, since there is no day to day management of the area. While looking into the situa- tion, they discovered that the City of Fort Collins owns half of the parking lot that the Division is interested in managing. The City owns that property because there are two 27" and 24" water transmission lines from Water Treat- ment Plant No. 1 located beneath the area. Thus, it was necessary to talk to the City about obtaining an easement. The Parks Division has worked out a memorandum of understanding with the Division of Wildlife. They have agreed to a 10-year easement at no cost in order that the Parks Division can manage the site for them, with an option to renew after 10 years. The Division is now asking for a recommendation from the Water Board for some kind of Page 3 Water Board Minutes July 18, 1986 arrangement whereby the Parks Division can do the day to day management. Mr. Maurier suggested that perhaps the state could purchase the property and grant an easement to the City because of the transmission lines. Along with the day to day management, the Parks Division is contemplating charging a fee for the public to use the site. The State will provide trash service, sanitary facilities and law enforcement which costs money. The fees that would be established are those that are currently charged in the State park system -- a daily pass or an annual pass which is good in any park in the system for the year. They also intend to eliminate camping and make it a day use area only. The site would be open for toilet facilities basically from April through October. Mr. Maurier showed a few slides of the area and explained what they intend to do. Jim O'Brien asked about the fee structure. Mr. Maurier said for every vehicle that enters the park, you can buy a $3.00 daily pass which is good until noon the next day or an annual pass for $25.00 which is a vehicle pass good for any place in the state for a year. Mr. O'Brien sees a problem with the kayakers whom he thinks would not want to buy a $3.00 pass. He is himself a kayaker. Is there going to be that kind of regulation of the fee structure on a day to day basis? If it is, he sees cars distributed up and down the highway because kayakers won't use that area anymore. Mr. Maurier responded that the purchase of a pass will be by the honor system, but if the law enforcement officials catch someone without a pass, they would be obligated to enforce the regulation. The only reason the Division thinks a fee is necessary is that there are costs associated with the day to day management, he stressed. Neil Grigg made a recommendation that the Water Board appoint a sub -committee to draft a recommendation and coordinate it with the Natural Resources Board. Tom Sanders suggested that trading land might be an option here. Mike Smith thinks that could be a possibility. Henry Caulfield moved that the Water Board form a three member committee to come up with a recommendation which the entire Board will review. MaryLou Smith seconded the motion. Jim O'Brien reiterated that he sees a great deal of difficulty in getting kayakers to pay the fee, especially on weekends when there is a lot of use. In the spring when the water is high, what is going to happen is they will be distributed further upstream. As a result, they will start using the more difficult sections with more limited access which would force people into a more severe situation, he contends. A vote was taken, and the motion passed unanimously. At that time President Evans appointed MaryLou Smith, Jo Boyd and John Scott to be members of the sub -committee, with Ms. Smith serving as chairman. Page 4 Water Board Minutes July 18, 1986 Molly Nortier introduced Suzanne Bossinger who was representing the Natural Resources Board. She is chairman of their sub -committee for this issue. Discussion of Water Issues - Ward Fischer Ward Fischer was asked to attend the Water Board meeting to discuss philo- sophically and practically, the things that have been occurring relative to the Thornton issue. He briefly discussed the pending lawsuit by Thornton brought against WSSC and the City of Fort Collins. Mr. Fischer stressed how grateful the Water Supply and Storage Co. is for the support it has received from Fort Collins. Mr. Fischer made the point that maintaining local control of the ditch companies in this area is very impor- tant. He related that it has always been the philosophy of the Water Board and the City that we should maintain a cooperative relationship between agriculture and the urban user. It is his contention that Thornton does not share this philosophy. Should they attain control of a ditch company, the system would deteriorate in the sense of providing water for anything other than an urban function. A substantial number of farms would be dried up; land that Fort Collins has tried to preserve. As far as cooperation in the region is concerned, Mr. Fischer thinks the City of Loveland will be a strong ally with Fort Collins. A cooperative effort by water user entities is doubtful because they are in disarray at this point. Surprisingly, environmentalists who have traditionally expressed the need to preserve agricultural lands, have not been supportive, he added. He went on to say that we need to initiate an investigation of what is happening, per- haps through a local investigative reporter. We must find out what the facts are and get them publicized and attempt to capture some public support from what is now a very apathetic public, he stressed. He is extremely concerned about our quality of life 20 years from now if nothing is done. The proposed front range highway discussed in recent media reports, could be a right-of- way for a massive pipeline from Fort Collins to Pueblo, he warned. In terms of the water supply situation, WSSC is looking to continued support from Fort Collins. The issuance of shares of stock to Fort Collins has been extremely helpful so long as it is upheld. One of the things WSSC is explor- ing, is the 2,088 units of CBT water from Great Western Sugar Company. WSSC wants more water in their ditch because Thornton is taking so much out. They now have a contract with G.W. for the purchase of 2,088 CBT units at $750 per unit. The contract, if it is not enjoined, will be closed July 30. It will be paid for with the Company's bank loan. They would like to consider issuing Fort Collins stock so they could pay for this, or possibly put it temporarily in the City's name and exchange it for stock. These are just ideas, he emphasized. He thinks it is good for WSSC to acquire CBT water. Page 5 Water Board Minutes July 18, 1986 Mr. Fischer hopes the Water Board remains receptive for further cooperation with WSSC. They would much prefer that Fort Collins would be the major stockholder rather than Thornton. Mr. Fischer was asked how much water is being purchased for speculation. He answered that it is difficult to speculate with CBT water because one must have a farm to attach it to. The water that is being speculated is ditch company river rights on the Poudre and the Thompson. How much water is likely to stay in irrigation, someone asked? He responded, for at least the short term, those who had not sold when they were under pressure and were offered such good prices, are likely to wait for awhile. How many will ultimately sell is an open question. If Thornton ever had con- trol of WSSC, we would probably see a massive exodus which, he thinks, Thorn- ton anticipates and that is why they want control. Do any other area water entities hold stock in WSSC? None of the water enti- ties such as ELCO, Fort Collins -Loveland and Loveland own anything in the Company; Fort Collins is the only municipal owner besides Thornton. How is WSSC going to work with the water quality issues with regard to the "first use?" The WSSC Board has no argument theoretically, with the first use concept being a workable system; it is theoretically and legally pos- sible. The great danger is the quality of water you get back. WSSC informed Thornton that the idea they had of dealing with separate stockholders is something they "wouldn't recognize." WSSC said if you are going to have a first use or reuse program, it must be worked out with the Board. First, WSSC must keep control of the Board because if Thornton elects the Board and is dealing with itself, "you can imagine the water quality standards WSSC would impose on Thornton." Assuming the Board remains independent, the com- pany hasn't arrived at the point of knowing exactly how to approach the water quality issue, except that the Board has agreed that Thornton can start their water quality sampling, all at their own expense. WSSC has requested that if they sample, the Company wants to know the results. The Company has talked about letting them get results to see what their suggestion is, then talk about hiring a consultant to advise them very carefully from the standpoint of usefulness for agriculture, but also usefulness and healthfulness from the standpoint of other users. It is a critical system. Is there any way to work with the other ditch companies to work towards more of a metro system or try to work together to obtain more storage rights by improving Poudre No. 6 or renovating Halligan, etc.? Mr. Fischer said the Water users association is afraid to do anything. He repeated that the agri- cultural community is in disarray right now. Thornton has requested meetings with North Poudre. Possibly later on, options of working with the ditch companies can be explored. Page 6 Water Board Minutes July 18, 1986 Is there a way to explore some kind of a first option if stock came up that the City could purchase? Mr. Fischer doesn't know how they could bind a stockholder to sell to Fort Collins. He thinks they have enough potential things to do concerning the issuance of new stock that we can satisfy far more than that. Since it doesn't look like we are going to get a coopera- tive effort to do much, one of the things Fort Collins is going to have to determine, is how much water they are going to need. Ten to twenty years from now it is going to be hard to get water. "I'd sure have a cushion," he urged. Neil Grigg commented on Mr. Fisher's statement that Fort Collins must deter- mine how much water it is going to need, so we can start assuming an effec- tual basis on which to proceed. Since the different entities are so much in disarray, we'll need to have a strategy to move ahead with, he concluded. 1) The staff would do, as aggressively as possible, the studies of how much water we are going to need. The Poudre River study will be completed in the near future, which will address some needs, but not all of them because everything is not, strictly speaking, in the Poudre Basin. There are some questions we need to ask which may not be answered in that Poudre study. We need staff to consider water needs for the region as well as Fort Collins. If Fort Collins is not looking at those needs for the region, nobody is. 2) Where do we go with the regional cooperation effort? The letter went out from the regional meeting on May 20, and we will assess the responses we get from that. As Mr. Fischer pointed out, some of the entities in the region are not necessarily cooperating with us. A starting point may be with Loveland and the two sets of County Commissioners. "However we play that, we need some kind of a regional group to move ahead, work together, reach agreements on water needs and sharing of facilities, not only hard facilities (pipes etc.) but also water." Is the existing regional group going to be effective in doing that? It may be that we shouldn't be "putting our chips" on the exist- ing committee because of the lack of cooperation from Greeley, Dr. Grigg con- cluded. Henry Caulfield raised a point that he thinks the Board should reflect on. The reasons that ELCO and Fort Collins -Loveland don't own any WSSC stock is that they get all their water from Horsetooth at Soldier Canyon and there- fore, have never thought of the need for having anything other than CBT water. It would be difficult to persuade them that they should have an inter- est in buying WSSC stock as a part of a combined effort. There is no munici- pal entity other than Fort Collins and Greeley that use the Poudre River and can use WSSC water as a source. Neil Grigg went on to the third point of his strategy. He pointed out that Mr. Fischer related that people are apathetic and not understanding the implications of what is going on. That suggests that we need some kind of educational effort, but it needs to be more than to educate the Water Boards. Page 7 Water Board Minutes July 18, 1986 It should be an economic educational effort that goes through the newspapers and into the chambers of commerce and any other group that could be effective in understanding the issue and could have some influence. Two things need to be done: 1) A concerted effort to go before the groups that can have some influence and to present what the picture is. The groups need to be identi- fied. Then we need to get the message out to them, he urged. 2) We need to have some economic impact studies of what it is going to be like if we lose 300,000 acre feet -- we don't have that information yet. Is the capability of the Water and Wastewater staff sufficient to make the coordination with the regional groups? It is becoming urgent with the activity that is going on. It seems to John Scott that all the urban and industrial users have been pinpointed in the two cities, but the agricultural users haven't really come together and formed any policy, but the Northern Colorado Water Conservancy District has. They are committed to keeping water in Northern Colorado, he stressed. He added that they also have a staff that can work with our staff. Henry Caulfield related that a majority of the Board of Directors of the Conservancy District are from agricultural areas; Weld County and those out beyond Weld. Is it possible that the whole philosophy of the District may change? Mr. Fischer thinks that the District will remain stalwart helpers in the battle. He further believes that the counties beyond Weld are supportive of our position. Marylou Smith asked if the Fort Collins Water Board still has an interest in meeting with the Greeley Water Board. Dr. Evans explained that he wasn't able to arrange a meeting with them yet, so the question is still open. Mr. Caulfield thinks it certainly couldn't hurt to continue to pursue that. Mike Smith commented that the Greeley staff is still very much interested in working with Fort Collins. They realize that Fort Collins is a key to exchanging water from the Poudre, etc. They are not ready to give up all of their Poudre system and they don't want to. It appears that the Greeley staff is being put in an awkward spot. Henry Caulfield asked about the possibility of purchasing capacity from the Greeley Water Treatment Plant. Mr. Smith related that Greeley wants to keep the plant -- their pipeline can carry about 18 mgd and the plant can treat from 24-30 mgd. They are, however, looking towards selling some peaking capacity in the summer if we are interested. Mr. Smith concluded that this is certainly something you can't disregard with the cost of treatment plant expansions. At this point President Evans thanked Ward Fischer for participating in the meeting and lending his expertise to a very important discussion. Mr. Fischer again thanked the Water Board and staff for their support of WSSC. Page 8 Water Board Minutes July 18, 1986 Water Planning Discussion MaryLou Smith brought up the question of Thornton's $300 million lawsuit against the City of Fort Collins. She asked Assistant City Attorney Paul Eckman to explain that. Mr. Eckman began by saying that he had sent a memo to each of the City Council members briefing them on it. He will see that each of the Water Board members receives a copy of the memo as well. He explained that the basis of Thornton's complaint against the City is that the City has somehow inversely condemned the interest of Thornton and has taken Thornton's real property, water being a type of real property, without paying them just compensation which the Constitution requires whenever the government condemns someone else's property. Their theory is that unless the City of Fort Collins has what is referred to as dominant eminent domain power over Thornton, then Fort Collins can't take this property, and if it does have dominant eminent domain power over Thornton, they have asked the Court to establish a commission to determine the value of taking and require Fort Collins to pay that value or else void the contract and void the problem at the same time. Mr. Eckman stated that this is a strange theory because legal staff doesn't see any way that it could be considered "a taking." The City merely exercised a right to contract for the exchange of water. Mr. Eckman said that legal staff considers the theory to be frivolous as well, so they will be asking for dismissal of the claim against the City for failure to state a claim. The Legal staff will probably move for summary judgement if they don't get that dismissal, and if they don't get summary judgement, they will ask for attorney's fees because of the frivolous claim. Dr. Evans stated, as Neil Grigg had pointed out, that the Board needs to bring a sharper focus on what is ahead of us and where we are going. He asked the sub -committee that was formed to interface for the Board with regard to the Thornton issue, to take an expanded charge and begin the task of looking at the strategies and coming up with recommendations for the Board to con- sider, as to what we ought to follow in planning ahead for our demands, and looking ahead towards the associated questions that have been raised, such as the regional question. The Chairman, Neil Grigg, has asked that the Presi- dent and Vice President serve as ex officio members of the committee. The committee will be asked, if possible, to arrive at some progress for the next meeting. Henry Caulfield suggested that what is needed from staff is a plan, an out- line or a proposal about estimating the numbers for long term demand. It seems to Mr. Caulfield that it is urgent to know what we are talking about here. Mike Smith related that staff has done some preliminary work on the water demands for the urban growth area. That can be a part of the meeting, he said. Page 9 Water Board Minutes July 18, 1986 It was asked what the projected population growth is for the urban growth area. Mr. Bode replied about 300,000 for the year 2020. Tom Sanders said, "then we only need about 30,000 more acre feet." Mr. Caulfield thinks we need to go beyond the year 2020. Dr. Evans asked for approval of the minutes for the special Water Board meet- ing since this was not done earlier. The minutes for the special Water Board meeting of June 19, 1986 were approved as distributed. Jim O'Brien asked if staff had noticed any response in the price of water since the whole Thornton issue has emerged. Dennis Bode replied that there hasn't been enough information available -- certainly with the WSSC water itself, from the reports he has heard, the price has gone up. Some people thought that $750 per unit for CBT water was high, but the market has moved to other water. Mr. Caulfield asked, "how can we find out what the price of river water has been? What about the other ditch companies?" Mike Smith assured the Board that they would do some checking into this. Mr. Smith added that, from the brokers they have talked to, the supply of avail- able water has diminished -- there is not as much on the market. Mike Smith introduced the new Wastewater Treatment Manager, Tom Gallier who came to the Utility from Castlerock, CO. He has been "on board" for a week. Committee Reports A. ByLaws Tom Moore brought up a couple of suggested revisions which the Board needs to discuss. One is Article VI, paragraph C regarding the Board reviewing major reports and the budget. Paul Eckman wanted clarification on "major reports," and Mr. Caulfield doesn't recall that the Board has ever reviewed the budget -- whether we should or should not is the ques- tion, he said. Mike Smith thinks the Board is obligated to look at rates. Dave Stewart proposed that be changed to all major reports, pro- posed rates and investment proposals. Mr. Moore thinks the budget should be left in there. Paul Eckman suggested the wording, "review all major policy matters and budget issues. Mr. Caulfield thinks major reports should be retained. Paul Eckman then revised it to read, "major policy matters and reports and budget issues." Henry Caulfield raised the question as to whether the City Manager should any longer be an ex officio voting member of the Board. That change may require a vote if it is in the City Charter. Mr. Eckman will check on that. It was decided that those Board members with questions or sugges- tions would pass them on to the committee or to the Water Board secretary prior to the next meeting. Page 10 Water Board Minutes July 18, 1986 The sub -committee on Water Issues scheduled their meeting for Friday, August 1, at 3:00 at the Service Center. It is Henry Caulfield's thought that the Water Board should continue to pur- sue a meeting with the Greeley Water Board and also pursue a meeting in the near future with the Loveland Water Board; as separate meetings. Norm Evans said he would work towards setting up these meetings. 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