HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/01/2016 - RESOLUTION 2016-022 AUTHORIZING THE CITY MANAGER TAgenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY March 1, 2016
City Council
STAFF
John Stokes, Natural Resources Director
SUBJECT
Resolution 2016-022 Authorizing the City Manager to Execute an Agreement Regarding Phase I
(Development) of a Multi-Phase Plan for an Instream Flow Augmentation Plan on the Cache La Poudre River.
EXECUTIVE SUMMARY
The purpose of the item is to seek Council approval of a proposed Agreement between various parties to
implement Phase I of a three-phase project to develop an instream flow augmentation plan on the Poudre
River through and near Fort Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The subject of this Agenda Item is a proposed Agreement among various parties to initiate Phase I of a three-
phase project intended to develop protected instream flows in the Poudre River through and near Fort Collins.
The ultimate purpose of Phase I is to develop a Water Court application for the instream flow augmentation
plan described below. The adjudication of the Water Court application and the development of a permanent
organizational structure for the proposed plan would be completed in Phase II. Phase III would be an
implementation phase. Nothing in the currently proposed Agreement concerns Phase II or III. Those phases
would not proceed unless and until the parties develop additional agreements.
For several years, staff has been participating in the Poudre River Runs Through It (PRTI), a group of regional
water leaders convened by Colorado State University’s Colorado Water Institute. The purpose of the group is
to promote dialog and to explore options for creating the world’s best example of a healthy, working river. The
group is composed of farmers, ditch companies, environmental experts and organizations, water districts,
municipal water providers, water attorneys, and citizens with an interest in water matters. The group has
developed several initiatives, including the annual Poudre River Forum (February 5 at the Ranch); “Gage the
River”, a project wherein publicly-visible flow gages were installed at two locations (including Lee Martinez
Park) to help citizens understand flow-related data; and, a sub-committee that has been exploring how
protected flows could be developed on the Poudre below the mouth of the Canyon.
The instream flow subcommittee has developed the idea of an augmentation plan for instream flow purposes.
While there are no guarantees associated with the augmentation plan approach described in this Agenda Item
Summary, it holds significant promise. If successful, it could present a new statewide model for development
and protection of instream flows. The project is innovative, ground-breaking, and includes many of the primary
owners of water rights on the Poudre. This collaborative approach represents perhaps the best opportunity to
date for developing and protecting instream flows below the canyon mouth of the Poudre; an objective that has
been discussed for at least 40 years and that at times has appeared virtually unattainable.
Under Colorado water law, water can be appropriated and placed to beneficial use. Allowable beneficial uses
include instream flows devoted to preserve and improve the natural environment, though only the Colorado
Agenda Item 14
Item # 14 Page 2
Water Conservation Board (CWCB) can acquire such instream flow water rights. Currently, there are no such
instream flow water rights on the Poudre below the canyon mouth through Fort Collins. With the exception of
high spring flows, almost all of the water that exits the mouth of the canyon ultimately is diverted for
agricultural, municipal, and industrial uses. These diversions, while providing economic and social benefits,
also can - at times - completely dewater the Poudre and cause serious environmental consequences. Thus,
the potential benefits of this project are to ensure that the river is not dried up and to enhance existing or future
flows.
Staff has been evaluating three mechanisms to protect water for instream flows. The first is a traditional
method under which the CWCB would appropriate a new instream flow water right. However, such a water
right would be extremely junior and would likely have limited affects. The second is another traditional method
under which the CWCB would acquire senior water rights for instream flow uses. The senior water rights must
be acquired and then changed in Water Court from the current irrigation uses to instream flow uses. The
approach is extremely expensive and requires senior water rights, which are difficult to acquire. It is doubtful
that this approach would ever provide a meaningful amount of water.
A third and non-traditional method is to utilize an augmentation plan to provide for protected instream flows, in
coordination with the CWCB. Augmentation plans are detailed Water Court-approved programs that increase
the supply of water available for a beneficial use though various means, such as by a pooling of water
resources. Augmentation plans have historically been used to allow additional diversions of water from the
stream for consumptive uses by delivering other water to offset the increased diversions and consumption of
water. This other water is often commonly referred to as “augmentation water” and can be derived from
various legal and physical sources. However, staff is now pursuing an augmentation plan by which
augmentation water would be delivered to the stream to allow for protected instream flows.
The potential advantages of the instream flow augmentation plan approach are numerous. It allows multiple
entities to bring their previously-adjudicated augmentation water into the plan. Unlike a traditional instream
flow water right, these entities can enter the approved instream flow augmentation plan without needing the
Water Court to expressly approve of instream flow uses for their water rights. It is also intended that the
instream flow augmentation plan itself will provide for the flexible use of various sources of augmentation water
with more limited and less expensive administrative and Water Court procedures. In addition, entities that wish
to deliver their water into the instream flow augmentation plan could be compensated, thus creating a market
mechanism and incentive to bring water into the instream flow augmentation plan that could, among other
things, improve low flow reaches of the river.
Potential as Mitigation Tool
It is important to note that if this project is successful at creating an instream flow augmentation plan, the plan
could be used as a tool by water developers to mitigate the impacts of their project. That could, for example,
include the Northern Integrated Supply Project, the proposed enlargement of Milton Seaman Reservoir, the
proposed enlargement of Halligan Reservoir, and perhaps other future projects. These projects, however, are
subject to federal and state review and the potential imposition of mitigation by federal and state agencies.
This project has no direct bearing on the permitting processes, although it could make more feasible the
implementation of mitigation obligations.
Partners and Budget and Funding Sources
Phase I of the instream flow augmentation plan will require the development of various legal, technical,
financial, and governance tools and thus requires a budget of approximately $132,500. Because the approach
has never been used before in Colorado, there will need to be substantial outreach to state agencies, in
particular the CWCB, the development of technical reports, the development of a governance plan, and the
development of a Water Court application.
The primary partners in this effort currently include the City, the Cache la Poudre Water Users Association,
Northern Water, the City of Greeley (pending approval by its Council on March 1), and the nonprofit Colorado
Water Trust (CWT). The Tri-Districts (Eastern Larimer Water District, Fort Collins Loveland, and North Weld
Agenda Item 14
Item # 14 Page 3
County) have expressed interest in joining the project and others also may wish to join as the project further
develops.
The partners have developed a budget and work plan for pursuing the instream flow augmentation plan
concept. The draft budget for Phase I includes contributions from the City of Fort Collins in the amount of
$20,000 (using appropriated funds from the 2015/16 budget for instream flow related efforts); the City of
Greeley in the amount of $20,000; Northern Water in the amount of $20,000; and, $70,000 from the CWT
including a $60,000 grant from the Gates Foundation and $10,000 from New Belgium (excerpt of Gates Grant
proposal and the grant agreement attached). CWT will act as the consultant to the project and continues to
fundraise for the project.
The ultimate cost of the project is to be determined. If the project moves into Phase II, the Water Court
Application, that application will be prosecuted in Water Court by the Colorado Water Conservation Board and
the Parties. The parties would participate in the Water Court process in their individual capacities, and
possibly as part of an entity that may be created to operate the ISF Augmentation Plan. The City’s
participation in the Water Court process in its individual capacity would likely be handled by the he City
Attorney’s Office. There may be additional legal costs if an entity is created. There will also be additional
costs in that phase associated with engineering reports. The extent of these costs is currently unknown and
will be evaluated during Phase I as a proposed agreement regarding Phase II is developed.
In Phase III, implementation, entities participating in the plan and benefiting from the advantages associated
with protected stream flows would incur costs (either by paying for the water and its administration or by
contributing their own water resources). It is difficult at this time to know what those costs would be; they
would depend on the value of water at that time, interest in the program, the ability to develop secondary
beneficial uses, the quantity of water available, and so forth. One of the potential advantages of the
augmentation approach is the ability to lease water into the program which could be far less expensive (and
much more flexible) than buying senior water rights and converting them to instream flow rights.
Similar to Phase II, the extent of implementation costs will be evaluated during Phase I as studies regarding
the financial viability of the plan are prepared. However, the proposed Agreement for Phase I would not
obligate the City for any of the costs associated with Phases II and III.
The Agreement
The Agreement itself describes how the parties will pursue Phase I of the project. A core purpose of the
Agreement is to establish an organizational structure for Phase I. The Agreement calls for the establishment
of a five-person committee that is intended to be composed of staff from the participants. The purpose of the
committee essentially is to manage the technical tasks that are necessary to complete Phase I. All decisions
must be unanimous and no new entity is created for the project. The CWT will act as the fiscal agent for
Phase I and will be the primary consultant to the project.
CITY FINANCIAL IMPACTS
If the Agreement is approved by Council, the City will provide $20,000 to support Phase I. This figure does not
include staff time.
BOARD / COMMISSION RECOMMENDATION
At its February 18, 2016 meeting, the Water Board unanimously recommended Council approve the
Agreement. (Attachment 4)
At its February 10, 2016 meeting, the Land Conservation and Stewardship Board unanimously supported
approval of the Agreement. (Attachment 5)
At its February 17, 2016 meeting, the Natural Resources Advisory Board unanimously recommended Council
approve the Agreement. (Attachment 6)
Agenda Item 14
Item # 14 Page 4
PUBLIC OUTREACH
In addition to City advisory boards, this item has been developed with the legal representative for the Cache la
Poudre Water Users Association, which is comprised of most of the major water users and owners on the
Poudre (list of members attached).
Staff met with a representative of Save the Poudre in October 2015 to describe the project.
ATTACHMENTS
1. Partnership Proposal for Initiative Funding by Colorado Water Trust (PDF)
2. Gates Family Foundation Agreement with Grant Recipient (PDF)
3. 2015 Cache la Poudre Water Users Association Members List (PDF)
4. Water Board Minutes, February 18, 2016 (draft) (PDF)
5. Land Conservation and Stewardship Board Minutes, February 10, 2016 (draft) (PDF)
6. Natural Resources Advisory Board Recommendation (PDF)
7. Powerpoint presentation (PDF)
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ATTACHMENT 2
Cache la Poudre Water Users Association Members List
Anheuser–Busch Inc.
Arthur Ditch Company
B. H. Eaton Ditch Company
Box Elder Ditch Company
Cache La Poudre Irrigating Ditch Co.
Cache La Poudre Reservoir Co.
City of Fort Collins
City of Greeley
Board of Governors of the Colorado State
University System
Divide Canal & Reservoir Company
East Larimer County Water District
Eastman Kodak
Fort Collins–Loveland Water District
Jackson Ditch Company
Lake Canal Company
Larimer and Weld Irrigation Company
Larimer and Weld Reservoir Company
Larimer County Canal No. 2 Irrigation
Company
Larimer County Underground Water Users
Association
Little Cache La Poudre Irrigating Company
New Cache La Poudre Irrigation Company
New Mercer Ditch Company
Northern Colorado Water Conservancy
District
North Poudre Irrigation Company
North Weld County Water District
Ogilvy Irrigating and Land Company
Platte River Power Authority
Pleasant Valley & Lake Canal Company
Red Feather Storage & Irrigation Co.
Taylor and Gill Ditch Company
Water Supply & Storage Company
Weld County Underground Water Users
Association
Whitney Irrigation Company
Windsor Reservoir and Canal Company
ATTACHMENT 3
Excerpt from Unapproved Water Board Minutes – February 18, 2016
Agreement Phase I Instream Flow Augmentation Program
(Attachments Available Upon Request)
John Stokes, Natural Areas Director explained the agenda item is to seek Council approval of a
proposed agreement between various parties to implement Phase I of a three-phase project to
develop an instream flow augmentation plan on the Poudre River through and near Fort Collins.
For several years, staff has been participating in the Poudre River Runs Through It (PRTI), a
group of regional water leaders convened by Colorado State University’s Colorado Water
Institute. The group’s focus is to promote dialogue and explore options for creating the world’s
best example of a healthy, working river.
The program needs City Council approval because it requires an intergovernmental agreement.
The agenda item is scheduled to go to City Council on March 1.
Discussion Highlights
Board members inquired about various aspects of the agreement and project, including interest
among water districts to participate; Mr. Stokes gave examples of other organizations’ interest in
the project, which include environmental and conservation issues. Parts of the plan may include
bridges over diversions and the installation of related measurement instruments.
Board Member Steve Malers moved that the Water Board recommend Council approval of
the Agreement Regarding Phase I (Development) of a Multi-Phase Plan for an Instream
Flow Augmentation Plan on the Cache la Poudre River. The parties to the Agreement
include the City of Fort Collins, City of Greeley, Cache la Poudre Water Users Association,
Northern Water, and the Colorado Water Trust.
Board Member Phyllis Ortman seconded the motion.
Vote on the motion: It passed unanimously, 11-0.
ATTACHMENT 4
Unapproved Minutes of the Land Conservation and Stewardship Board
February 10, 2016
Proposed Instream Flow Augmentation Phase I Agreement
Daylan Figgs, Environmental Program Manager, introduced the instream flow augmentation
plan and explained the purpose of the item is to seek Council approval of a proposed Agreement
between various parties to implement Phase I of a three-phase project to develop an instream
flow augmentation plan on the Poudre River through and near Fort Collins.
For several years, staff has been participating in the Poudre River Runs Through It (PRTI), a
group of regional water leaders convened by Colorado State University’s Colorado Water
Institute. The purpose of the group is to promote dialog and to explore options for creating the
world’s best example of a healthy, working river. The group is composed of farmers, ditch
companies, environmental experts and organizations, water districts, municipal water providers,
water attorneys, and citizens with an interest in water matters.
The instream flow sub-committee has developed the idea of an augmentation plan for instream
flow purposes. While there are no guarantees associated with the augmentation plan approach
described in this Agenda Item Summary, it holds significant promise. If successful, it could
present a new State-wide model for development and protection of instream flows. The project
is innovative, ground-breaking, and includes many of the primary owners of water rights on the
Poudre. This collaborative approach represents perhaps the best opportunity to date for
developing and protecting instream flows below the canyon mouth of the Poudre; an objective
that has been discussed for at least 40 years and that at times has appeared virtually unattainable.
Under Colorado water law, water can be appropriated and placed to beneficial use. Allowable
beneficial uses include instream flows devoted to preserve and improve the natural environment,
though only the Colorado Water Conservation Board (CWCB) can acquire such instream flow
water rights. Currently, there are no such instream flow water rights on the Poudre below the
canyon mouth through Fort Collins. With the exception of high spring flows, almost all of the
water that exits the mouth of the canyon ultimately is diverted for agricultural, municipal, and
industrial uses.
Staff has been evaluating three mechanisms to protect water for instream flows. The first is a
traditional method under which the CWCB would appropriate a new instream flow water right.
However, such a water right would be extremely junior and would likely have limited affects.
The second is another traditional method under which the CWCB would acquire senior water
rights for instream flow uses. The senior water rights must be acquired and then changed in
Water Court from the current irrigation uses to instream flow uses. The approach is extremely
expensive and requires senior water rights which are difficult to acquire. It is doubtful that this
approach would ever provide a meaningful amount of water.
A third and non-traditional method is to utilize an augmentation plan to provide for protected
instream flows. Augmentation plans are detailed Water Court-approved programs that increase
the supply of water available for a beneficial use though various means, such as by a pooling of
water resources. Augmentation plans have historically been used to allow additional diversions
ATTACHMENT 5
of water from the stream for consumptive uses by delivering other water to offset the increased
diversions and consumption of water. This other water is often commonly referred to as
“augmentation water” and can be derived from various legal and physical sources. However,
staff is now pursuing an augmentation plan by which augmentation water would be delivered to
the stream to allow for protected instream flows.
The potential advantages of the instream flow augmentation plan approach are numerous. It
allows multiple entities to bring their previously-adjudicated augmentation water into the plan.
Unlike a traditional instream flow water right, these entities can enter the approved instream flow
augmentation plan without needing the Water Court to expressly approve of instream flow uses
for their water rights. It is also intended that the instream flow augmentation plan itself will
provide for the flexible use of various sources of augmentation water with more limited and less
expensive administrative and Water Court procedures. In addition, entities that wish to deliver
their water into the instream flow augmentation plan could be compensated, thus creating a
market mechanism and incentive to bring water into the instream flow augmentation plan that
could, among other things, improve low flow reaches of the river.
Phase I of the instream flow augmentation plan will require the development of various legal
technical, financial, and governance tools and thus requires a budget of approximately $132,500.
The primary partners in this effort currently include the City of Fort Collins, the Cache la Poudre
Water Users Association, Northern Water, the City of Greeley, and the nonprofit Colorado Water
Trust (CWT). The partners have developed a budget and work plan for pursuing the instream
flow augmentation plan concept. The draft budget for Phase I includes contributions from the
City of Fort Collins in the amount of $20,000 (using appropriated funds for instream flow related
efforts); the City of Greeley in the amount of $20,000; Northern Water in the amount of $20,000;
and, $70,000 from the CWT including a $60,000 grant from the Gates Foundation and $10,000
from New Belgium. CWT will act as the consultant to the project and continues to fundraise for
the project.
The Agreement itself describes how the parties will pursue Phase I of the project. A core
purpose of the Agreement is to establish an organizational structure for Phase I. The Agreement
calls for the establishment of a five-person committee that is intended to be composed of staff
from the participants. The purpose of the committee essentially is to manage the technical tasks
that are necessary to complete Phase I. All decisions must be unanimous and no new entity is
created for the project. The CWT will act as the fiscal agent for Phase I and will be the primary
consultant to the project.
It is important to note that if this project is successful at creating an instream flow augmentation
plan, the plan could be used as a tool by water developers to mitigate the impacts of their project.
That could, for example, include the Northern Integrated Supply Project, the proposed
enlargement of Milton Seaman Reservoir, the proposed enlargement of Halligan Reservoir, and
perhaps other future projects. Those projects, however, are subject to Federal and State review
and the potential imposition of mitigation by Federal and State agencies. This project has no
direct bearing on the permitting processes, although it could make more feasible the
implementation of mitigation obligations.
Discussion:
David – Daylan, overall this sounds like to me you’re asking for is a feasibility study is that
correct?
Daylan – Yes, this is a big feasibility study that encompasses legal, financial and technical.
David – So you’re not even looking at a particular reach?
Daylan – So part of the feasibility study is to identify a reach, the amount of water that is
available and then how do we develop a mechanism to divert the reach. That’s part of that
feasibility study. So there is a reach, there is a target flow and availability
Raymond - If I understand this correctly this provides a mechanism for senior water right
holders to give up some of their water without giving up their water rights, is that correct?
Daylan – Right, so they can basically lease their water, and it’s not just senior water rights. It’s
water rights that have already gone to the Water Board with and gotten decreed for augmentation
purposes. It’s only a portion of those water rights that have the right decree. And there’s a lot of
that water out there that we need to quantify.
Edward - Where is the water right now?
Daylan – The water is being held by a variety of different entities and its being run probably as
irrigation water. The City of FC holds several water rights that have been decreed for
augmentation purposes, but those water rights are also decreed for irrigation purposes. So the
water is here. This allows that water to be utilized for this purpose. Which means its’ going to
be managed differently. How instream flows works is once you get into the reach that you
define and you come to the end of that reach, it could be used for other purposes. There are
some opportunities for it to come in and out of the program. It could be diverted partway
through the reach.
Joe – This big crisis is mainly in the summer or winter. In the summer you can have 100 CFS at
the canyon entrance but then there’s call for water for irrigation and the gatekeeper shuts the gate
and we’ve seen the flow go from 100 CFS to 0.5 CFS even when there’s plenty of water. The
question is how far would they have to send it? But if you have some augmentation rights they
would have to let some of it go through.
Daylan – One of the things we’ve done, related to this, is to look at all the water in and out of the
river and identify areas where it dries out to quantify it and how often it happens. Under this
program if we have a legal right to deliver that water downstream they have to let the water
through. The other project we are working on is developing fish and water passage points on
those diversions where we can bring that water to measure it and make sure it’s getting delivered
to the right reach and so we can bypass those driest points.
Joe – I think it’s a great idea, there’s only one issue and that is having Northern as a partner they
will use this when they come back for mitigation to help move NISP along.
Daylan - They may. They have proposed some local volumes so they are already looking at a
flow mechanism.
Joe - I think moving ahead with all your partners is great, to save the river from these
catastrophes.
Daylan - We recognize the issue with NISP, but we recognize that this is a project that could
work on its own.
Edward – Who would likely be our opponents?
Daylan – We haven’t really had any opponents but we’ll probably run into some opponent at
some point. If someone feels their water rights might be effected. The beauty of this is if you
want to put your water into the program you can. It should be if you’re just opposed to the idea
then you wouldn’t participate. We just have to figure out how to set a market rate for the water.
Trudy Haines made a motion that the LCSB support the proposed Instream Flow
Augmentation Plan on the Cache la Poudre River.
Edward Reifsnyder seconded the motion.
The motion was unanimously approved.
Environmental Services
215 N. Mason
PO Box 580
Fort Collins, CO 80522
970.221-6600
970.224-6177 - fax
fcgov.com
MEMORANDUM
NATURAL RESOURCES ADVISORY BOARD
DATE: February 18, 2016
TO: Mayor and City Council Members
FROM: John Bartholow, on behalf of the Natural Resources Advisory Board (NRAB)
SUBJECT: Recommendation Regarding Proposed Poudre River Flow Augmentation MOU
The NRAB recommends Council approval of the Agreement Regarding Phase I (Development)
of a Multi-Phase Plan for an Instream Flow Augmentation Plan on the Cache la Poudre River.
The parties to the Agreement include the City of Fort Collins, City of Greeley, Cache la Poudre
Water Users Association, Northern Water, and the Colorado Water Trust.
As always, we’d be happy to augment this memo if Council desires.
Respectfully Submitted,
John Bartholow
Chair, Natural Resources Advisory Board
cc: Darin Atteberry
Susie Gordon and Katy Bigner
ATTACHMENT 6
Phase I
Poudre River Instream Flow Augmentation
Agreement
City Council
March 1, 2016
ATTACHMENT 7
• Ultimate purpose of the venture
is to augment and protect
stream flows in the Poudre
• Purpose of Phase I is to study,
explore and develop the concept
• Phase II would be a water court
application
• Phase III would be
implementation
Seeking Council approval of the IGA that
launches Phase I
Partners
• Cache La Poudre Water Users Association
• City of Greeley
• Northern Water
• Colorado Water Trust
Phase I
• Engineering
• Legal Analysis
• Financial analysis
• Outreach to State agencies
• Development of an organizational structure
• Development of a draft Water Court Application
Why?
• Poudre River flows below mouth of canyon
are heavily diverted
• Currently no mechanism to protect
environmental flows
• City goal for decades
Augmentation Concept
– Identify stream reaches that are depleted
– Augment the depleted flows
– Added water would be protected from diversion
Augmentation Concept
Concerns
• Uncertain outcomes
– Complex approval process
– Instream augmentation plan never done before
although allowed by statute
– Unknown how much water available or possible
– Ultimate costs of successful program unknown
Concerns
• Potential mitigation tool
– Could serve as a mitigation tool for water developers
although unknown at this time
– IGA approved by Northern’s Board on behalf of the NISP
Water Activity Enterprise
– Major projects subject to Federal and State reviews and
permits and mitigation requirements
– This tool has no direct bearing on those processes
Benefits
• Instream flow protection
• Multiple partners increase chances of success
– Water Court
– Funding
• Leverage: may be more cost effective and flexible than
traditional methods
• Potential for creating a flexible market to deliver instream
flows
• Innovative concept may be exportable to other rivers
-1-
RESOLUTION 2016-022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
REGARDING PHASE I (DEVELOPMENT) OF A MULTI-PHASE PLAN FOR AN
INSTREAM FLOW AUGMENTATION PLAN ON THE CACHE LA POUDRE RIVER
WHEREAS, the Cache la Poudre River (“Poudre River”) flows through Fort Collins and
is a significant amenity to the City and its citizens; and
WHEREAS, the Poudre River is the source of water supply for numerous water users,
including the City, such that the majority of flows in the Poudre River are diverted into canals,
ditches, pipelines, reservoirs, and other waterworks; and
WHEREAS, such diversions reduce the flows of water through Fort Collins, which has
various adverse ecological, environmental, recreational, sociological, and other impacts; and
WHEREAS, the City desires to enhance Poudre River flows through Fort Collins within
the existing legal context, including, but not limited to, the prior appropriation doctrine; and
WHEREAS, the City has actively participated in the Poudre Runs Through It
Study/Action Work Group (“PRTI”), a group of community water leaders convened by the
Colorado State University’s Colorado Water Institute for the purpose of exploring options to
improve the Poudre River as a healthy, working river; and
WHEREAS, the PTRI’s FLOWS committee (“FLOWS Committee”) was formed
thereafter from members of the PRTI, including: the City; the Cache la Poudre Water Users
Association, a Colorado non-profit corporation; the Colorado Water Trust, a Colorado non-profit
organization; the City of Greeley, a home rule municipality; the Northern Colorado Water
Conservancy District, a quasi-municipal entity and political subdivision of the State of Colorado,
acting by and through its Northern Integrated Supply Project Water Activity Enterprise, a
government-owned business; and other water users and interested persons (together “Parties”);
and
WHEREAS, the FLOWS Committee was tasked with exploring options to improve river
flows in the Poudre River, particularly downstream of the canyon mouth, and at times when
flows would improve the ecological health of the river, while recognizing and honoring existing
adjudicated water rights and existing exchanges on the Poudre River; and
WHEREAS, as part of this effort, the FLOWS Committee developed the idea of an
augmentation plan for instream flow purposes (“ISF Augmentation Plan”) to enhance and protect
additional flows in portions of the Poudre River without adversely impacting or injuring existing
adjudicated water rights and existing exchanges; and
-2-
WHEREAS, the Parties plan to proceed with the initial Phase I of what is contemplated
to be a multi-phase plan to develop and implement the ISF Augmentation Plan within some yet-
to-be determined reach of the Poudre River; and
WHEREAS, the Parties have negotiated an Agreement for Phase I of the multi-phase
plan, a copy of which is attached as Exhibit “A”; and
WHEREAS, other water users and interested entities have expressed interest in
contributing to the ISF Augmentation Plan and may desire to participate in the effort by joining
the Agreement for Phase I of the multi-phase plan at a later date, which would be to the overall
benefit of the City and the Poudre River; and
WHEREAS, the Agreement calls for the City to contribute $20,000 towards Phase I,
which amount has been appropriated for 2016 for instream flow related efforts; and
WHEREAS, proceeding with Phase I will benefit the City and its citizens because it will
further the goal of preserving and improving the ecological, environmental, recreational,
sociological, and other resources benefitted by Poudre River flows.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Manager is hereby authorized to execute an Agreement
substantially in the form of Exhibit “A”, with such additional terms and conditions as the City
Manager, in consultation with the City Attorney, determines to be necessary and appropriate to
protect the interests of the City or effectuate the purposes of this Resolution.
Section 3. That the City Manager is hereby authorized to execute amendments to
such Agreement as may be necessary to effectuate the purposes of this Resolution including, but
not limited to, adding additional water users and interested entities to the Agreement.
Passed and adopted on at a regular meeting of the Council of the City of Fort Collins this
1st day of March, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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