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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 04/09/2019 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor Council Information Center (CIC) Gerry Horak, District 6, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. City Council Work Session April 9, 2019 6:00 PM  CALL TO ORDER. 1. Update on Regional Economic Collaboration. (staff: Josh Birks, 15 minute presentation: 30 minute discussion) The purpose of this item is to update City Council on the Economic Health Office's (EHO) increased efforts to collaborate with regional economic partners. This update directly ties to the City's Strategic Plan, specifically Economic Health 3.1 - Facilitate government and local partners to form an effective regional economic health group. In addition, this effort ties directly to the Economic Health Strategic Plan, specifically in the Think Regionally theme that envisions a region that partners to address economic issues which extend beyond municipal boundaries. EHO staff will present material that was developed collaboratively and was shared with the councils of the City of Greeley, City of Loveland, and numerous others in the region. As a result, the presentation does not follow traditional City of Fort Collins brand guidelines. 2. Halligan Water Supply Project Update. (staff: Eileen Dornfest, Carol Webb , Donnie Dustin; 15 minute presentation; 60 minute discussion) The purpose of this item is to update City Council on the current status of the Halligan Water Supply Project (Project), including key milestones and activities planned for 2019. The City has been in the formal federal permitting process for this project since 2006. The Project is needed to meet treated water demands of future Utilities customers and will provide added reliability for all Utilities customers, in case of prolonged drought and uncertainties such as wildfires or infrastructure failures. City of Fort Collins Page 2 The U.S. Army Corps of Engineers (Corps) plans to release the Draft Environmental Impact Statement (DEIS) this year as the Project reaches a key milestone in the federal permitting process. At the same time the City will release a Conceptual Mitigation Plan for the Project and an Operations Plan for the Enlarged Halligan Reservoir. Release of these documents marks a key milestone when the public will be able to review and comment on the project. x OTHER BUSINESS. x ADJOURNMENT. DATE: STAFF: April 9, 2019 Josh Birks, Economic Health Director WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Update on Regional Economic Collaboration. EXECUTIVE SUMMARY The purpose of this item is to update City Council on the Economic Health Office's (EHO) increased efforts to collaborate with regional economic partners. This update directly ties to the City's Strategic Plan, specifically Economic Health 3.1 - Facilitate government and local partners to form an effective regional economic health group. In addition, this effort ties directly to the Economic Health Strategic Plan, specifically in the Think Regionally theme that envisions a region that partners to address economic issues which extend beyond municipal boundaries. EHO staff will present material that was developed collaboratively and was shared with the councils of the City of Greeley, City of Loveland, and numerous others in the region. As a result, the presentation does not follow traditional City of Fort Collins brand guidelines. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does the Council have any questions about the current regional economic collaboration? 2. Is Council comfortable with EHO staff continuing to engage with regional partners around this collaboration? BACKGROUND / DISCUSSION Starting in mid-2017, partners from a variety of regional economic development entities (Larimer County, Weld County, Upstate Colorado, City of Greeley, City of Loveland, Town of Windsor, City of Fort Collins, and numerous others) began to meet regularly to discuss current trends, issues, and concerns. Out of these discussions rose several common themes. At the end of 2017, these same partners decided to work together to complete a current state assessment. As a result, the regional partners identified a common objective that united all the varied efforts: to increase the economic resilience of our region, our counties, and our communities. The Economic Health Office engaged in these regional efforts based on clear guidance from the City’s 2016 and 2018 Strategic Plans: 2016 Economic Health 3.1 - Improve effectiveness of economic health initiatives through collaboration with regional partners. 2018 Economic Health 3.1 - Facilitate government and local partners to form an effective regional economic health group. Furthermore, the 2015 Economic Health Strategic Plan recognized a need for regional collaboration by including the theme, Think Regionally with a vision statement: “A region that partners to address issues which extend beyond municipal boundaries.” Regional Economic Development History and Context Larimer and Weld Counties have each had a long history of regional economic development efforts. Historically, the Northern Colorado Economic Development Corporation (“NCEDC”) served as a 501(c)(6) nonprofit 1 Packet Pg. 3 April 9, 2019 Page 2 corporation was formed in 2001 and dedicated to attracting and supporting primary employers in Larimer County. NCEDC was dissolved in 2015. Over the course of its history, NCEDC was successful in attracting and serving a broad range of primary employers in Larimer County with a mission to “advance economic vitality through strategic job growth.” Currently, Upstate Colorado (“Upstate”), a public/private non-profit economic development corporation, provides services to all of Weld County. Upstate focuses on supporting primary employers in the retail, service and professional sectors, with a goal of helping to create and retain jobs in the County. One NoCo, a 501(c)(6) corporation governed by prominent business executives in Northern Colorado, was established in 2014 with the goal of attracting and stimulating relevant economic opportunity and job growth for the region. Since formation, One NoCo has created a website to market the region and provide a landing page for those interested in the region, conducted two site selector familiarization tours, and attended numerous conferences. At the end of 2018, Andy Montgomery stepped down as Chief Executive Officer of the corporation. With no staff, the Board has been meeting for the past several months to determine their next steps. In January, the three area chambers (Fort Collins Area Chamber of Commerce, Loveland Chamber, and Greeley Chamber) began partnering with One NoCo with an objective to “proactively brand and market the region” and “reinforce why companies should stay and expand in Northern Colorado.” – Scott Ehrlich, current One NoCo Chair Regional economic development professionals met with One NoCo on January 9, 2019 to brief them on the current state of collaboration in the region. The One NoCo board had been previously unaware of the current level of activity and expressed enthusiasm for the work of the regional economic development partners. The future role of One NoCo remains unclear at this time; however, the system being developed through regional collaboration is agnostic regarding the number and type of participants. Instead, the system will focus on expectations of partners and ensuring coordination across the two counties. Why Regional Economic Collaboration? Leadership within the County has been unclear since the dissolution of NCEDC. Many of the functions performed by NCEDC were absorbed by the area municipalities, specifically lead fulfillment. As One NoCo focused its efforts outward, regional economic development professionals redoubled efforts on business retention and expansion, coordination and alignment of data, and commitment to collaboration – as codified in a regional Code of Ethics (Attachment 1). This has led to several new outcomes: 1. Emerging collaboration between the Larimer and Weld County Workforce Boards and Workforce Centers. 2. Key messaging about the region reviewed by all participating entities (over 30 individual municipalities, both counties, and several public/private partnerships). 3. Coordination of data leading to a re-evaluation of regional industry clusters. 4. Collaboration on retention efforts related to existing businesses throughout the region, which has led to reduced competition with incentives between communities to retain business in the region. The regional economic development partners are now working to develop a networked system of partners that can continue to work together to coordinate efforts, avoid duplication, and ensure role clarity. The system is intended to create an environment where a business can engage with any member in the network and get the support they need. This “no wrong door” approach represents a shift from the historic approach of “one front door” to the region represented by NCEDC, Upstate Colorado, and One NoCo. This approach is better aligned with the market and site selectors – who can now obtain a wealth of information on the internet about our region before ever contacting a single person. The partners are working to update the Code of Ethics, develop a Regional Economic Health Charter, and support with memorandum of understanding where appropriate to provide details to the system. The new approach addresses the reality of the current market and the evolution of economic development in the country. Now more than even ten years ago, the economy of Northern Colorado does not follow municipal boundaries: x Labor Force - On any given day in Larimer/Weld Counties nearly 90,000 workers travel the region to their job - this is almost equivalent to the population of Loveland. 1 Packet Pg. 4 April 9, 2019 Page 3 x Housing Affordability - Many communities in Northern Colorado have seen significant increases in their average home prices. Finding affordable housing now requires workers to consider locations that are even more dispersed around the region. x Talent Development - The region contains two major universities and two community college systems. These institutions create a significant amount of labor capacity. x Transportation - All these conditions translate to increasing demand on the transportation and transit networks of the region. These conditions cannot be solved by a single entity, community, or county. They require collaboration and cooperation. As a result, our strategy on Economic Health needs to recognize this fact and react accordingly. How are Partners Collaborating? Throughout 2018, the partners evaluated the current state of regional economic activities and develop an objective of encouraging increased economic resilience. Economic resilience is characterized by conditions that allow businesses: (a) to form; (b) to grow/sustain; and (c) to revive. The partners believe that economic resilience in this form comes from the combination of: x Strength - Focus on existing business and industries to enable them to sustain, grow, and revive in our region; and x Diversity - Focus on innovation, emerging industry sectors, and talent diversity to ensure a range of employment opportunities and industries form, grow, and sustain in our region. In the end, economic resilience is the foundation for business success which leads to income growth and community wealth creation. These are the conditions of prosperity that support a strong community. Out of these efforts came four key messages about the Northern Colorado regional economy: 1. Our economy is driven by smart talent and innovative business minds. 2. Our robust talent development pipeline is producing the workers we need today and tomorrow. 3. Our unique strengths include demonstrated regional cooperation and mobile talent. 4. Our population, jobs, and industries are growing fast. To evaluate next steps, the partners completed a current state assessment focused on four key inputs to economic strength and diversity: x Target Industries - Focuses on existing sectors to ensure strength and identifies new sectors to encourage diversity. x Business Engagement - Gains understanding of business opportunities and constraints and provides industry insight. x Talent Development – Talent (or people) is the most essential input in the modern economy, therefore, must understand employer needs, understand and enhance regional labor capacity, and partner with educational institutions. x Data Driven - Data can both provide value to existing business and provide focus and direction to regional economic collaboration. Data drives the other three areas of focus. What are the Partners Doing Next? The partners are working to formalizing the system with a revised Code of Ethics, Partnership Charter, and Memorandums of Understanding (MOUs) where appropriate. In addition, the regional partners have identified several areas of strategic and tactical focus for 2019 and beyond. These areas include: x Target Industries - Revisit industries and use data to identify targets. x Talent Development - Enhance sector partnerships by adding other key sectors and enhance regional coordination. 1 Packet Pg. 5 April 9, 2019 Page 4 x Business Engagement - Combine regional findings and use to adjust, refine, deliver services based on key insights. x Data Driven - Enhance regional coordination and enhance availability to private sector. Another major task of the partners has been sharing this update with others, including (unless otherwise noted these presentations have already occurred): x City of Greeley x City of Loveland x Larimer County x Weld County x South Weld County Partners x Airport Commission x Town of Windsor (end of April) x One NoCo ATTACHMENTS 1. Regional Code of Ethics (PDF) 2. PowerPoint (PDF) 1 Packet Pg. 6  The Partnership                      CONFIDENTIALITY OF PROSPECTS In all instances members of the Partnership shall honor the confidentiality of individual prospects. Whenever possible, specific information on particular transactions shall be shared within the Northern Colorado partnership. In instances, where a prospect wishes to remain completely confidential with an individual community, the remaining members of the Partnership shall honor that confidentiality and shall in no way attempt to intervene in the relationship. The prospect will remain confidential until the prospect chooses to announce. MARKETING Members are strongly discouraged from advertising in local media outside of their own market area. CODE OF ETHICS ,1752'8&7,21 The Partnership is committed to the economic development and growth of the northern Colorado region. The Partnership brings together the interests of a broad range of public, private, and not-for-profit groups to promote the northern Colorado area as a single economic entity. The collaboration of such a variety of groups and interests requires that certain standards of conduct must be developed and adhered to for the Partnership to meet its goal. This Code of Ethics represents the standards that each member of the Partnership supports and practices in its daily conduct of business.  We, the members of the Partnership, set forth the following principles of behavior and standards of conduct to guide efforts in promoting the long-term economic health of northern Colorado community. We fully realize that no Code of Ethics is of value without an inherent level of trust in the integrity of one another and a commitment from each of us to conduct ourselves at the highest levels of professional conduct. The Partnership is founded on the respect and trust of its members. In that spirit, we set forth this Code of Ethics. 35($0%/( We are committed to the promotion of Northern Colorado as a desirable business location for new and expanding companies. When representing the Partnership, we shall endeavor to sell “Northern Colorado” first and our individual communities and projects second. We shall honor the confidentiality requested by both our fellow members of the Partnership and our prospects. Information shared with our fellow members in confidence shall remain in confidence. Transactions are to be driven by the client. In the event a company chooses to relocate from one community to another, every effort will be made to contact the affected community to let them know of the potential move. Violation of this commitment shall be viewed as the single most serious breach of our pledge to the Partnership. ATTACHMENT 2 DATE: STAFF: April 9, 2019 Eileen Dornfest, Special Projects Manager Carol Webb, Deputy Director, Utilities WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Halligan Water Supply Project Update. EXECUTIVE SUMMARY The purpose of this item is to update City Council on the current status of the Halligan Water Supply Project (Project), including key milestones and activities planned for 2019. The City has been in the formal federal permitting process for this project since 2006. The Project is needed to meet treated water demands of future Utilities customers and will provide added reliability for all Utilities customers, in case of prolonged drought and uncertainties such as wildfires or infrastructure failures. The U.S. Army Corps of Engineers (Corps) plans to release the Draft Environmental Impact Statement (DEIS) this year as the Project reaches a key milestone in the federal permitting process. At the same time the City will release a Conceptual Mitigation Plan for the Project and an Operations Plan for the Enlarged Halligan Reservoir. Release of these documents marks a key milestone when the public will be able to review and comment on the project. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does Council have any specific questions about the public process? Does Council have any questions or concerns regarding the current plan for moving forward with the Halligan Water Supply Project? BACKGROUND / DISCUSSION Water Supplies and Demands The Fort Collins Utilities’ (Utilities) main sources of water supply are the Cache la Poudre River (Poudre River) and the Colorado-Big Thompson Project (CBT) (Note: Attachment 5 provides a glossary of key terms and acronyms used throughout this document.) On average, Utilities annually uses approximately an equal amount of water from these two sources. The Poudre River supplies are delivered to the City’s Water Treatment Facility through two pipelines that divert off the Poudre River near Gateway Natural Area. Joe Wright Reservoir is located near Cameron Pass on a tributary to the Poudre River, has an active capacity of about 7,100 acre-feet, and is the only storage reservoir fully owned and operated by Utilities that directly provides water to the City’s Water Treatment Facility. Utilities owns units in the CBT project, which is administered by the Northern Colorado Water Conservancy District (Northern Water). These CBT units are delivered to Utilities out of Horsetooth Reservoir, which is not owned or operated by Utilities. Northern Water has policies that limit the Utilities’ ability to store excess water in Horsetooth Reservoir for use in later years. Utilities currently delivers about 24,000 acre-feet per year of treated water to its customers and around 3,000 acre-feet per year of untreated (raw) water for irrigation of City parks, golf courses, cemetery, and other green belt areas. Per capita treated water demands, which are measured in gallons per capita per day (gpcd) and exclude large contractual use, have declined significantly over the last couple of decades from about 200 gpcd to around April 9, 2019 Page 2 145 gpcd more recently. This is about a 28 percent reduction in per capita water use and shows the effectiveness of Utilities’ water conservation efforts. Water conservation efforts are ongoing, but conservation alone is not enough to meet future water demand. The current water supplies for Utilities are adequate in most years. However, these snowpack driven water supplies can vary significantly throughout the year and from year to year. Per the Water Supply & Demand Management Policy (Attachment 1), Utilities maintains enough water supply to meet demands through at least a 1-in-50 year drought event in the Poudre River basin while maintaining 20 percent of the annual demand in storage (storage reserve factor) to provide extra protection against emergency situations. In addition, the Policy directs Utilities to plan for a demand level (150 gpcd) that is higher than the water conservation goal (currently 130 gpcd by 2030). These criteria provide a water supply planning approach that addresses uncertainties such as climate change, river administration changes, system outages, and competing water rights. The amount of future water supplies needed for the Utilities water service area depends on population and commercial growth. Utilities currently serves about 134,000 treated water customers. The water service area population is projected to grow to about 178,000 by the year 2065. In addition, large contractual water use is expected to increase in the future. Utilities’ total projected treated water demand is expected to be about 38,400 acre-feet per year by the year 2065. These projected values are the basis of the purpose and need for the Halligan Water Supply Project. A key concern for Utilities is that its water supplies are highly reliant on CBT project storage. Utilities has very little storage for its Poudre River water supplies, which restricts its ability to effectively manage these supplies and meet demands if the CBT supplies were ever unavailable. The Halligan Water Supply Project will allow Utilities to meet its projected demands, while also providing a storage reserve for emergency water shortage scenarios (e.g., infrastructure failures and impacts of wildfires) and a place to store water for later use. In addition, the Project aligns with other City Strategic Objectives such as ENV 4.6: provide a reliable, high-quality water supply and ENV 3.6: Invest in utility infrastructure aligned with community development. Halligan Water Supply Project Halligan Reservoir is an existing reservoir on the North Fork of the Poudre River (North Fork). It is located 24 miles up the North Fork from the confluence with the mainstem of the Poudre River at Gateway Park. The Project includes raising the existing Halligan Dam by approximately 25 feet to increase reservoir capacity by 8,125 acre- feet, from the existing 6,400 acre-feet to a total of approximately 14,525 acre-feet. Water in the existing 6,400- acre foot Halligan Reservoir is currently used and operated by the North Poudre Irrigation Company (NPIC). After the enlargement of Halligan Reservoir, NPIC will continue to use and operate 6,400-acre foot of capacity in the reservoir. The Project provides improvements to the existing North Fork habitat, as shown in Attachment 2. Triple bottom line benefits of the Project are demonstrated by supplying a cost-effective, reliable water supply, while providing significant environmental benefits to the North Fork of the Poudre River downstream of Halligan Reservoir. The City has been involved in the Halligan Project since the late 1980s. Key milestones and City Council approvals for the project are shown on the timeline provided as Attachment 3. Federal Permitting Process Utilities officially entered the joint National Environmental Policy Act (NEPA) and Clean Water Act Section 404 permitting process in 2006. The lead permitting agency is the U.S. Army Corps of Engineers (Corps). The NEPA process requires the Corps to consider and disclose the analysis of potential environmental impacts and reasonable alternatives to any major federal action, such as the issuance of a permit under Section 404 of the Clean Water Act. To comply with NEPA the Corps is required to prepare an environmental analysis. The major components of this analysis are summarized in this section. The NEPA process has many steps which are shown in Figure 1. The process includes: x Determining the Utilities’ purpose and need for the proposed Project, 2 Packet Pg. 10 April 9, 2019 Page 3 x Considering alternatives to the proposed Project (described below), and x Providing detailed environmental analysis of all alternatives. The detailed environmental analysis is summarized in the Draft Environmental Impact Statement (EIS), which is provided for public review and comment. Following public comment on the Draft EIS, the Corps will evaluate comments and address them for inclusion in the Final EIS. A Record of Decision will then be provided determining the Least Environmentally Damaging Practicable Alternative (LEDPA). Under the Clean Water Act and its regulations, the Corps must permit the LEDPA, which may or may not be the City’s preferred alternative of the enlargement of Halligan Reservoir. In addition to the federal permitting process, several state and county processes also need to be conducted. These will be conducted in parallel with preparation of the Final EIS and are described in more detail below. Figure 1. The NEPA Process EIS Alternatives The federal permitting process requires an identification and evaluation of alternatives to the City’s preferred alternative of the enlargement of Halligan Reservoir that will meet the purpose and need (provide firm yield for Fort Collins Utilities in 2065). These alternatives are: x Expanded Glade Reservoir: Enlargement of the proposed Glade Reservoir, part of the Northern Integrated Supply Project (NISP), which is currently also in the federal permitting process and under review by the Corps. This alternative is contingent on NISP being permitted. x Agricultural Reservoir Enlargement: Purchase of dedicated storage space in existing agricultural reservoirs located north of Fort Collins. x Gravel Pit Reservoir Enlargement: Involves using existing gravel pits located northwest of Fort Collins. x No Action: See below. Each of the non-Halligan Reservoir Enlargement “action” alternatives would require pumping and associated greenhouse gas production, a larger area of disturbance, considerable pipeline infrastructure required to connect to Utilities’ Water Treatment Facility, and pretreatment of the water before reaching the Water Treatment Facility. The additional requirements of these alternatives result in higher capital and operations and maintenance costs than those of the enlargement of Halligan Reservoir. Capital and annual operation and maintenance costs of the other “action” alternatives are up to five times greater than those required for the Halligan enlargement. The No Action alternative describes what actions would be taken should the Corps not issue a permit to construct the Halligan Reservoir enlargement or one of its alternatives. The No Action Alternative includes: 1. Change in operation of Joe Wright Reservoir; 2. Acquisition of additional water rights (over what is currently projected to be obtained); and 2 Packet Pg. 11 April 9, 2019 Page 4 3. More frequent drought restrictions. The NEPA process is required to include an evaluation of No Action as part of the EIS. However, the No-Action Alternative does not meet the purpose and need because mandatory drought restrictions would be necessary to provide water through the 1-in-50-year drought and even with water restrictions, the storage reserve is not met during the 1-in-50 year drought. Halligan Project Benefits and Impacts The Draft EIS will summarize impacts related to the enlargement of Halligan Reservoir and the alternatives summarized above. This section summarizes the impacts of only the enlargement of Halligan Reservoir. In addition to meeting future demand and providing a reliable water supply, the enlargement of Halligan Reservoir has many benefits. The most significant benefits are summarized below: x It enlarges an existing reservoir, creating fewer environmental impacts than building a new reservoir. x It is the most cost-effective option to meet Utilities’ water storage needs. According to current cost estimates, it is less than $10,000 per acre-foot of firm yield, which is about eight times less expensive than the current cost of firm yield for CBT water. x It will provide year-round flows on the North Fork of the Poudre River, a river that is currently segmented because it runs dry in some locations due to existing diversions and structures. These flows will reconnect the river and improve the fishery and aquatic habitat downstream of the Halligan Dam. (Attachment 2) x It will be gravity-fed, and no pumping will be required to fill the reservoir or convey the water to the Poudre River to be exchanged to the Utilities’ Water Treatment Facility. Therefore, no greenhouse gas emissions will be generated during reservoir operations. This is consistent with the City’s climate action goals. x It rehabilitates and improves an existing dam that will need to be rehabilitated in the future. x It has been considered an “Acceptable Planned Project” by the Western Resource Advocates1 and is supported by other environmental groups such as The Nature Conservancy and Trout Unlimited. x Portions of the reservoir area may be opened for limited public recreation, providing access to an area that has previously been restricted. As with any water supply project of this scale, and despite the many net benefits in certain areas, there are some adverse impacts to enlarging Halligan Reservoir. x Inundation of shoreline and riparian wetlands. (Shoreline wetlands will reform at the enlarged reservoir’s new shoreline, resulting in loss of less than 6 acres (net) of wetlands. x Inundation of 11 acres of Preble’s Meadow Jumping Mouse (non-critical) habitat. x Seasonal inundation of 0.75 miles of the North Fork upstream of Halligan Reservoir. x Minor reduction in stream flows on both the North Fork and mainstem of the Poudre River during runoff season, mainly from the town of LaPorte upstream to Halligan Reservoir and the City’s pipelines. x Temporary construction impacts such as noise, light, dust, access road improvements, ground disturbance in the area of the dam. These impacts will be mitigated as part of the federal and state permitting processes. Project Cost Costs of the Halligan Project were estimated in 2018 and summarized for City Council in a memo dated April 6, 2018 (Attachment 4). The table below provides a breakdown of project costs, including the amount that has already been appropriated for the project and the amount that still needs to be appropriated. 1 Western Resource Advocates (2011). Filling the Gap, Commonsense Solutions for Meeting Front Range Water Needs. Available at: http://westernresourceadvocates.org/water/fillingthegap/FillingTheGap.pdf 2 Packet Pg. 12 April 9, 2019 Page 5 Notes: 1. Life to date costs through February 2019. 2. Debt service payments from 2004 to 2014 were allocated as Halligan project expenses. All future debt service payments will not be accounted as a project cost. 3. Reimbursements were received from former project partners (North Poudre Irrigation Co. and the Tri- Districts) between 2005 and 2014; miscellaneous reimbursements have been and will be collected from the City of Greeley and from rents in the future. 4. Total Utility cost includes debt service and deducts reimbursements. The current cost estimate, based on conceptual project information, indicates construction could be less than half of the overall cost of the project. Permitting costs to date have exceeded $13 million thus far, and the cost of permitting and mitigation together are anticipated to be over 25% of the total project cost. Anticipated costs of the Project have changed through time, as the size and scope changed, partners withdrew, or new information was identified. The graph below shows unit cost of the project on a per-acre foot basis. At each major change in the project costs have been reevaluated. These milestones are shown on the graph below. The Project will be mostly funded through development fees, specifically the water supply requirement cash-in- lieu payment which is paid at the time of construction permitting. In addition, fees are collected via the Utilities’ excess water use surcharge assessed on current customers who exceed their annual water allotment. All funding for this Project will come directly from the Water Enterprise Fund, therefore, like all other capital investments made by the utilities, no tax dollars will be directed toward this Project. 2 Packet Pg. 13 April 9, 2019 Page 6 Figure 2. Estimated Unit Costs of the Halligan Water Supply Project through Time Although current cost estimates indicate a total Project cost of approximately $74 million, standard engineering practices indicate total costs can be expected to vary in the future as additional information is obtained and Project requirements are further defined. The next cost estimate update will be performed in 2019, as land acquisition and mitigation needs continue to be refined. Costs will again be updated in 2020 after preliminary design is complete. As a part of each of these cost estimate updates, an annual anticipated spend (i.e. burn rate) will be developed. Annual spend can be expected to fluctuate on the project as the schedule progresses and permitting and design phases are implemented and completed. This information will be shared with Council as it is developed. The Project continues to be the most cost-effective alternative for meeting the City’s water supply needs. The Project is currently anticipated to provide firm yield at less than $10,000 per acre-foot. For comparison, the current market rate for firm yield from the Colorado-Big Thompson (CBT) Project is approximately $80,000. Unit costs of the Northern Integrated Supply Project (NISP) and Windy Gap Firming Project are currently approximately $27,500 and $19,000 per acre-foot, respectively. Schedule The Project is approaching a key milestone this year with release of the Draft EIS. Once released, the Draft EIS will be available for public review and comment on the work that has been conducted over the past 13 years. The Corps will address public comments received during the Draft EIS in the production of a Final EIS prior to the Record of Decision (ROD). The schedule for the Final EIS, ROD and construction are largely dictated by the federal permitting process, over which the City has little control. Currently, best estimates place construction beginning in approximately 2024 and lasting approximately two years. The schedule in Figure 3 shows the remainder of the federal, state and county permitting processes, as well as the schedule for design and construction. 2 Packet Pg. 14 April 9, 2019 Page 7 Figure 3. Halligan Project schedule State and County Permitting In addition to the federal permitting process, several state and county processes also need to be conducted. These will be conducted in parallel with preparation of the Final EIS and are described in more detail below. x Fish and Wildlife Mitigation Plan (FWMP): o Requirements: A Colorado statute requires a FWMP be prepared to ensure “that fish and wildlife resources that are affected by the construction, operation, or maintenance of water diversion, delivery, or storage facilities should be mitigated to the extent, and in a manner, that is economically reasonable and maintains a balance between the development of the state's water resources and the protection of the state's fish and wildlife resources.” A FWMP is the State of Colorado’s position on measures that will be employed to mitigate the impacts to fish and wildlife resources. The FWMP is not a permit but rather a recommendation to the Corps. Typically, FWMPs are integrated into federal permits or are enforced through separate agreements between the water project proponent (i.e., the City) and Colorado Department of Natural Resources. o Timeframe: Preparation of FWMP concepts will begin in 2020, after the public comments are received on the Draft EIS. The FWMP is anticipated to be complete before the Final EIS is released. x 401 Certification: o Requirements: Section 401 of the Clean Water Act requires that anyone applying for a federal permit or license which may result in a discharge of pollutants into waters of the United States, obtain a certification that the activity complies with all applicable water quality standards, limitations, and restrictions. No license or permit may be issued by a federal agency (such as the Corps) until certification required by section 401 has been granted by Colorado Department of Public Health & Environment. o Timeframe: The City will enter the 401 Certification process after the public comments are received on the Draft EIS and will be completed prior to the ROD such that the 401 Certification will be recorded in the ROD. 2 Packet Pg. 15 April 9, 2019 Page 8 1041 Permit/Matters of State Interest: o Requirements: In 1974, the Colorado Legislature enacted House Bill 74-1041, which authorizes counties to identify, designate, and regulate areas and activities of state interest through a local permitting process to allow counties to maintain their control over certain development projects. Larimer County’s 1041 regulations are in Chapter 14 of the County’s Land Use Code. Section 14.4(k) of the County’s Land Use Code requires a 1041 Permit for: Site selection and construction of a new water storage reservoir or expansion of an existing water storage reservoir resulting in a surface area at high water line in excess of 50 acres, natural or manmade, used for the storage, regulation and/or control of water for human consumption or domestic use and excluding a water storage reservoir used exclusively for irrigation. The Project thus needs a 1041 Permit from Larimer County. A 1041 Permit can be awarded through an application and hearing process or through an intergovernmental agreement approved by the Larimer County Board of County Commissioners. o Timeframe: Preliminary work toward the 1041 process for the Project will begin after the public comments are received on the Draft EIS. Once public comments have been received and reviewed, the City and Larimer County will decide whether the Project should pursue an IGA, or instead go through application and hearing process. o Recent Developments: The Larimer County Commissioners have recently invested significant effort in reviewing requests for 1041 permits. Due to this scrutiny, the City is focused on the following to support a positive outcome for the City’s Project: x An extensive environmental review and public review period provided through the NEPA process. x Proactively engaging landowners affected by the enlargement of Halligan Reservoir x The Project’s benefit to County residents. Staff is continuing to evaluate opportunities to support a positive 1041 permit outcome for the Project. 2019 Activities Public Process 2019 is a milestone year for the Halligan Project. All indications are that the Corps will release the Draft EIS this year. At the same time, the City will release a Conceptual Mitigation Plan and a Draft Operations Plan. These documents are briefly defined below. x Draft Environmental Impact Statement – A document that describes the impacts on the environment as a result of a proposed action of the enlargement of Halligan Reservoir. It also describes impacts of other water supply alternatives, as well as plans to mitigate the impacts. x Conceptual Mitigation Plan – A document that describes the City’s proposed approach to avoid, minimize, mitigate, or enhance resources that would be impacted by the enlargement of Halligan Reservoir and other alternatives. It is intended to provide agencies and the public with information that can be reviewed in parallel with the Draft EIS. Further information about the Conceptual Mitigation Plan is provided below. x Draft Operations Plan Report – A document that describes the proposed plan of operations for the Halligan Project and alternatives included in the Draft EIS. The Operations Plan describes the reservoir operations, exchanges, and deliveries to facilities. The report will provide a reasonable depiction of a proposed plan of operations for the enlargement of Halligan Reservoir based on the best information currently available. 2 Packet Pg. 16 April 9, 2019 Page 9 Once these documents are released this year, they will be available for public review on the Corps’ website for 30-60 days. All public comments on any of these documents must be sent to the Corps to be included in the Administrative Record for the Project. Staff anticipates many questions will be sent to Council, City leadership, and Staff during this time period. However, the Corps leads the public review and comment effort and as the applicant, the City plays a specific role in the project. During this time, City Staff and Councilmembers can engage in the following ways: x Answer clarifying questions about the Project. x Provide the City’s opinion on the Project. x Present at open houses or other public meetings hosted by the Corps. However, City Staff and Councilmembers cannot: x Accept official comments on any of the Project documents. If these comments are not sent to the Corps, they are not considered “official” comments. x Answer technical questions about contents of the Draft EIS. x Host open houses to solicit input on the Draft EIS, Conceptual Mitigation Plan, or Operations Plan Report. x Provide any opinions on behalf of the Corps. Conceptual Mitigation Plan Utilities Staff has worked with Natural Areas, outside consultants and environmental groups, and other subject matter experts to develop concepts proposed to mitigate potential environmental impacts of the enlargement of Halligan Reservoir. These will be summarized in the Conceptual Mitigation Plan, which will be released for public review and comment in 2019. The Conceptual Mitigation Plan includes alternatives to minimize, mitigate, or enhance resources that would be impacted by the enlargement of Halligan Reservoir and alternatives. It is intended to provide agencies and the public with information that can be reviewed in parallel with the Draft EIS. It is not intended to be the final mitigation plan for the Project, but rather is designed to solicit input. The concepts described will likely change after public and agency input, and the Conceptual Mitigation Plan will be finalized and submitted to the Corps before the Record of Decision is issued. The process used to identify when mitigation is needed is: 1. Design the Project to avoid impacts to the environment. Avoidance of impacts would be achieved through project design and layout, construction techniques, and operational measures. 2. Minimize measures that remain. Minimization of impacts would also be achieved project design and layout, construction techniques, and operational measures that focus on minimizing impacts that cannot be avoided. 3. Compensate for the remaining potential or unavoidable impacts to environmental and cultural resources described in the Draft EIS. This is called “compensatory mitigation” and would be achieved by restoration, establishment, enhancement, or preservation of those resources impacted by the project, such as wetlands. In addition to mitigation measures, the Plan also summarizes voluntary measures of environmental enhancement proposed by the City that go beyond mitigation required for the Project. These voluntary measures are intended to improve environmental conditions in the Project area. The guiding principles used to identify and develop mitigation concepts for the Project include: x Prioritize opportunities for mitigation near Halligan Reservoir, to enhance or replace function in the North Fork or nearby location. x Target local, degraded resources for mitigation, which have a greater impact and success than developing new resources. 2 Packet Pg. 17 April 9, 2019 Page 10 x Focus on concepts that benefit multiple resources or an entire ecosystem. For example, restoration along the North Fork improves not only the fishery, but macroinvertebrates, vegetation, etc. x Identify opportunities to work with local partners. There are over 50 concepts described in the Conceptual Mitigation Plan that have been developed to avoid, minimize, mitigate or enhance resources affected by the Halligan Project. These will be described in detail in the Plan. The key mitigation concepts are described below: x North Fork flows and habitat restoration: o Measures that establish minimum flows in the North Fork throughout the year and reconnect the currently disconnected stream, as well as other measures to improve flows and habitat. o Two options have been developed for fish habitat restoration: 1) Retrofit of the existing North Poudre Canal diversion to allow fish bypass (subject to an agreement with North Poudre Irrigation Company) and 2) reintroduction of a pure-strain greenback cutthroat trout in the approximate 6-mile stretch of North Fork between the Halligan dam and the North Poudre Canal diversion (subject to a future evaluation of fatal flaws and agreements with pertinent agencies). x Public recreation: Provide limited public access to a portion of the enlarged Halligan Reservoir and its north shoreline. The recreation concept is described further below. x Water quality: Design of the raised dam would include a multi-level intake tower to allow selective withdrawals of water from specific locations in the reservoir water column to optimize temperature and dissolved oxygen of releases from the enlarged Halligan Reservoir. x Wetlands & Riparian Resources: Alternatives being considered include restoration or enhancement of land along the North Fork or on Robert’s Ranch, where the City owns a conservation easement on approximately 400 acres. x Construction-related: Measures include dust mitigation, monitoring for cultural and paleontological resources and wildlife, revegetation and restoration of disturbed areas, restoration of a widened access road, control of noxious weeds, stormwater control, traffic control, etc. x Monitoring: Post-construction regulatory and non-regulatory monitoring and ecological management measures to ensure that the expected benefits of the mitigation and enhancement efforts are achieved. x Recreation Staff has developed a concept that would open portions of the enlarged Halligan Reservoir and its north shore to limited public recreation, including fishing, human-propelled boating while fishing, and wildlife viewing. Recreation would be provided at the enlarged Halligan Reservoir in order to mitigate the loss of fishing recreation on the North Fork of the Poudre River upstream of Halligan Reservoir, where a 0.75-mile stretch of the river will be inundated with the enlargement. This portion of the North Fork is currently publicly accessible through Cherokee State Wildlife Area. Opening Halligan to recreation also aligns with the City’s Strategic Plan, including providing a wide variety of high-quality recreation services and cultural opportunities. The following goals of recreation at the enlarged Halligan Reservoir guided the development of the recreation concept: x Provide safe public access. x Maintain the primitive spirit of the Halligan Reservoir area. x Avoid and minimize overuse impacts to the landscape, fish, wildlife, and vegetation. x Minimize issues related to trespassing on surrounding private property. x Maintain security of Halligan Dam and water quality of Halligan Reservoir. 2 Packet Pg. 18 April 9, 2019 Page 11 Recreation access would be provided through the road owned and maintained by Colorado Parks and Wildlife from County Road 80C/Cherokee Park Road. This road is open to high-clearance 4x4 vehicles from May 2nd through August 31st. x Drive-in access from during the summer (May 2 through August 31). x Walk-in access (2 miles) on the CPW Road outside of summer (September 1 through May 1). CPW has indicated that they would be willing to grant the City an easement across State Wildlife Area lands to provide public access to an enlarged Halligan Reservoir, if recreation at the enlarged reservoir is managed in a manner that is consistent with regulations for State wildlife areas (SWAs). SWAs are state or privately-owned lands that offer wildlife-related recreation to the public, mostly focused on hunting and fishing. These parcels of SWA land are paid for by sportsmen and women and managed under state law by Colorado Parks and Wildlife for hunting, fishing, observation, management, and preservation of wildlife. Due to the goals outlined above and the nature of the adjoining SWA property, recreation at the enlarged Halligan Reservoir would need to be carefully managed to be consistent with SWA regulations that limit recreational uses to those related to wildlife. As such, paddle boarding or use of other water craft without the purpose of fishing would be prohibited. Limitations of Recreation Concept Development: Based on conversations with local landowners, Colorado Parks and Wildlife staff, and Natural Areas staff, several significant limitations must be considered when developing a concept that opens Halligan Reservoir to public recreation. The area has unique challenges that accompany the remote, pristine, high-elevation nature of the area. These challenges are summarized below: x Safety: Safety of those who recreate at Halligan Reservoir is a key concern. Strong winds combined with the fact that the dam spills on a yearly basis will require development of a robust safety and security plan. Safety measures may include a buoy system that can withstand the forces of ice and fluctuating water levels and preclude access to the east half of the reservoir, a dedicated staff to patrol and control access to the site, and safety mechanisms to address those who underestimate the strength of the wind and cannot paddle back to the western shore. These concepts have not yet been developed. x Environmental protection: Based on discussions with City Natural Areas staff and Colorado Parks and Wildlife staff, a recreation area that includes a body of water will be a highly attractive place for recreators. Engineering controls will need to be implemented to limit the number of visitors to the site, such as a limited parking lot occupancy, dedicated staff to patrol the parking lot and turn away excess cars, and a monitoring plan to monitor impacts to the environment on a predetermined basis and implement environmental controls as necessary. x Landowner concerns: The Landowners Association of Phantom Canyon Ranches is a preservation-minded group of landowners who greatly value land conservation and the pristine nature of the land around Halligan Reservoir. They have had exclusive access to the reservoir since 1987 and currently have an exclusive lease from the City of Fort Collins which is in effect until the Project begins construction. They are very concerned about public trespass onto their property and the potential environmental degradation associated with opening the area to public access. Staff is working closely with landowners to identify their concerns, which would ultimately be addressed in a Safety and Security Plan for the Halligan site. Board/Commission Review This item was presented to Water Board most recently on January 17, 2019. Feedback from Water Board included consideration of how overflow parking would be addressed, installation of buoys to prevent recreators from approaching the dam, and interest in fishing and kayaking downstream of dam. In addition, a memo about the Project was sent to all City boards on March 13, 2019 providing an opportunity to present the Project to each board. 2 Packet Pg. 19 April 9, 2019 Page 12 Staff is scheduled to present an update on the project to the following boards in the next two months: x Natural Resources Advisory Board x Zoning Board of Appeals x Transportation Board x Energy Board x Senior Advisory Board x Cultural Resources Board Public Outreach In order to prepare for release of the Draft EIS, Conceptual Mitigation Plan, and Operations Plan, Staff has developed plans for public engagement and communication that focus on communications with project stakeholders and the public in order to: x Develop public awareness about the Project and the opportunity to review and comment. x Provide education about the Project, including purpose and need, the permitting process, timeline, impacts, and benefits. x Provide education about the Project compared to other regional water supply projects such as NISP (includes Glade Reservoir), Windy Gap Firming Project (includes Chimney Hollow Reservoir), and Moffat (includes Gross Reservoir). Public outreach to date has included articles in the Coloradoan, Utilities bill insert, presentations at CSU and the Chamber of Commerce, meetings with project stakeholders, updates to City and County Boards, updates to legislators and answering email questions and SARs. Staff will continue to update the City’s project-specific website at https://www.fcgov.com/halligan/. Citizens can sign up at this website to be emailed updates on the project as they occur. Furthermore, an email address and internal process has been set up specifically for public communication related to this project: halligan@fcgov.com. This email address is being used to answer general questions about the project and guide citizens to the Corps’ website, where they can later find the documents. ATTACHMENTS 1. Water Supply Demand Management Policy (PDF) 2. Current and Proposed River Conditions (PDF) 3. Project Timeline (PDF) 4. Halligan Cost Update Memo April 6, 2018 (PDF) 5. Glossary of Key Terms (PDF) 6. PowerPoint (PDF) 2 Packet Pg. 20 ATTACHMENT 1 2.1 Packet Pg. 21 Attachment: Water Supply Demand Management Policy (7852 : Halligan Water Supply Project Update) WATER SUPPLY AND DEMAND MANAGEMENT POLICY i 2.1 Packet Pg. 22 Attachment: Water Supply Demand Management Policy (7852 : Halligan Water Supply Project Update) ii 1 City of Fort Collins Water Supply and Demand Management Policy The City of Fort Collins’ Water Supply and Demand Management Policy provides a foundational framework for water supply and demand management decisions concerning the City’s water supply system. Operational and management actions and decisions by the Water Utility will be consistent with the provisions of this policy. Objective To provide a sustainable and integrated approach to 1) ensuring an adequate, safe and reliable supply of water for the beneficial use by customers and the community and 2) managing the level of demand and the efficient use of a scarce and valuable resource consistent with the preferences of Water Utility customers and in recognition of the region’s semi-arid climate. This objective aligns with the 2010 Plan Fort Collins that provides a comprehensive 25-year vision for the future development of Fort Collins. Policy ENV 21.2 of Plan Fort Collins states, “Abide by Water Supply and Demand Management Policy: Provide for an integrated approach to providing a reliable water supply to meet the beneficial needs of customers and the community while promoting the efficient and wise use of water.” This Water Supply and Demand Management Policy calls for a “sustainable and integrated approach” to water demand and water resources management. Sustainability is defined within the context of the triple-bottom-line decision making in Plan Fort Collins as, “To systematically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend.” Aligning with Plan Fort Collins, the Water Utility will take a leadership role by incorporating the triple-bottom-line in its management of water supply and demand. When this core value is applied to the use and development of our valuable water resources, the Utility will strive to: ƒ Avoid, minimize or offset impacts to our environment ƒ Consider the social benefits and impacts of having a reliable and high quality water supply ƒ Analyze the economic cost to provide such supplies, while also considering the effects it has to our local and regional economies The Utility will continue to provide a culture of innovation that finds proactive and creative solutions in managing its water supplies and demands, which is a dynamic process that evolves along with changes in data management and technology, legal and political environments, economic development and water innovation, and as the State’s population continues to increase. Given these factors, it is important to maintain an up-to-date effective policy that is based on current data. The policy’s terms and conditions should be reviewed and updated by 2020, or sooner if desired by the City Council or the Utilities Executive Director. 2.1 Packet Pg. 23 Attachment: Water Supply Demand Management Policy (7852 : Halligan Water Supply Project Update) 2 1.0 WATER USE EFFICIENCY AND DEMAND MANAGEMENT The City views its water use efficiency program as an important proactive response to supply variability and climate change. Elements of the City’s conservation program include reducing indoor demand through improved technology, leak reduction and behavior change and reducing outdoor demand through improved irrigation efficiency and reasonable changes in landscaping. The City believes water use efficiency is of vital importance for many reasons, including to: ƒ Foster a conservation ethic and eliminate waste ƒ Demonstrate a commitment to sustainability ƒ Provide water for multiple beneficial purposes ƒ Reduce the need for capital expansion projects and certain operational costs ƒ Encourage and promote innovation in water demand management ƒ Prepare for potential impacts of climate change 1.1 Water Use Efficiency Goals for Treated Water Use The City’s 2009 Water Conservation Plan1 established a goal of reducing the City’s treated water use to 140 gallons per capita per day (gpcd)2 by the year 20203. The City will utilize water use efficiency measures and programs with the aim of reducing its water use to an average of 140 gpcd, subject to 1) continuing study of the water requirements of the City’s urban landscaping, 2) impacts on water demand due to changes in land use policies, building codes and housing trends, 3) additional studies on climate change, and 4) changes in the water use goal as may be adjusted by any subsequent water conservation plans. This water use goal is subject to change as discussed above and is intended as a goal that can be met while sustaining reasonable indoor and outdoor values of the City. The per capita peak daily demand4 will be reduced or maintained to be no more than 350 gpcd by the year 2020, but may be adjusted by any subsequent water conservation plans. 1.2 Water Use Efficiency Program Policy ENV 21.2 of Plan Fort Collins states, “Conservation measures should be implemented in accordance with the Water Conservation Plan and periodically adjusted to reflect new and effective conservation measures.” The City will optimize water use efficiency through the programs and measures specified in its Water Conservation Plan. These programs and measures include educational programs, incentive programs, regulatory measures and operational 1 State guidelines are changing the terminology of Water Conservation Plans to Water Use Efficiency Plans, and likewise conservation is being changed to water use efficiency. For purposes of this policy, water use efficiency is referred to as water conservation; however, the terminology may be used interchangeably. 2 Gallon per capita per day (gpcd) calculations are based on the total treated water produced at the Water Treatment Facility for use by Water Utility customers (minus large contractual customers and other sales or exchange arrangements) divided by the estimated population of the Water Utility’s service area. 3 This goal represents an 8.5% reduction in water use compared to Fort Collins’ 2006-2010 average daily water use of 153 gpcd. It represents a 29% reduction in water use compared to Fort Collins’ pre-drought (1992-2001) average daily water use of 197 gpcd. 4 The peak daily demand is 2.5 times the average daily use water conservation goal and is based on historic ratios of average to peak daily use. 2.1 Packet Pg. 24 Attachment: Water Supply Demand Management Policy (7852 : Halligan Water Supply Project Update) 3 measures. Specific measures and programs are outlined in the Water Conservation Plan. The overall effectiveness of these measures and programs will be evaluated on a regular basis and if necessary, modifications will be made to increase effectiveness or to modify the City’s water use goal. An annual water conservation report will be prepared to describe the status and results of the various measures and programs. The Water Conservation Plan will be updated at a minimum of every seven years, as currently required by the State of Colorado. 1.3 Water Rate Structures The City will have stable water rate structures with transparent accountability for all classes of customers. The water rate structures will provide an economic incentive to use water efficiently while also providing sufficient revenue for operational and maintenance purposes. Examples of structures that may be utilized include 1) tiered rates with increasing prices as water use increases, 2) seasonal blocks with higher rates during the irrigation season, and 3) water budget approaches based on appropriate targets for individual customers. The City will annually review the effectiveness of its water rate structures as part of its financial analyses regarding Water Utility revenue, expenses and rates. Specific studies or changes to the rate structure may be made upon identification of the need to revise it. Any changes to the rate structure will require City Council approval. 1.4 Population Growth Population growth is an important factor in determining the City’s water supply needs, since increases in population generally increase the need for additional supplies. Population growth projections and associated water demand are mostly a function of land use planning, development densities, annexation and other growth related issues that can be affected by City Council decisions. The Water Utility will continue to work closely with the Current Planning Department, which provides population projections that may be effected by changes in City policies related to growth. 2.0 WATER SUPPLY RELIABILITY The City needs to meet future water demands in an efficient and reliable manner. Policy ENV 21.2 of Plan Fort Collins states, “Water supply reliability criteria will take into consideration potential effects of climate change and other vulnerabilities. Water supplies and related facilities shall be acquired or developed after careful consideration of social, economic and environmental factors.” One of the Water Utility’s primary objectives is to provide an adequate and reliable supply of water to its customers and other water users. Key principles that need to be considered when addressing water supply for municipal use include: ƒ Providing water supply system reliability and flexibility ƒ Considering a broad portfolio of resources that do not overly depend on any one source ƒ Maintaining a water storage reserve for unforeseen circumstances ƒ Maintaining water supply infrastructure and system security ƒ Being a steward of the City’s water resources, which includes watershed management ƒ Collaboration with the City’s regional water providers and users 2.1 Packet Pg. 25 Attachment: Water Supply Demand Management Policy (7852 : Halligan Water Supply Project Update) 4 ƒ Maintaining awareness of state, national and worldwide trends and adapting as needed to meet our customer needs ƒ Promoting education, awareness and a culture of innovation among the Water Utility and others to enable creative responses to future water supply uncertainties 2.1 Water Supply Planning Criteria An integral component of the City’s water supply planning efforts is to maintain computer models that estimate the yield of its existing and future water supplies. The following water supply planning criteria are key parameters used in these models that provide a foundation for planning future supplies. 2.1.1 Planning Demand Level The reliability of the City’s water supply should be maintained to meet an average per capita demand level of 150 gpcd5,6. This planning level provides a value that is higher than the water use goal to address uncertainties inherent in water supply planning. It is important to have a planning number that can be used for development of long-range water supply facilities. Because water supply system infrastructure may take many years to permit and construct, it is desirable to use conservative assumptions to size facilities that may be needed for the long-term. A planning demand level should be larger than the water use goal, primarily because of the uncertainties related to projected water demands, yields from specific water rights, climate change and other unanticipated effects. 2.1.2 Drought Criterion The reliability and capacity of the City’s water supply system should be maintained to meet the planning level demand during at least a l-in-50 year drought event in the Cache la Poudre River Basin. Water rights should be acquired and facilities (including storage capacity) should be planned and constructed sufficiently ahead of the time to maintain the 1-in-50 year drought criterion, considering the time required to obtain water court decrees and permit and construct diversion, conveyance and/or storage facilities. In using this criterion, the City seeks to provide a balance among water supply reliability, the financial investment necessary to secure such reliability and the environmental impacts associated with water storage and diversions. 2.1.3 Storage Reserve Factor The City’s water supply planning criteria will include a storage reserve factor that equates to 20% of annual demand in storage through a 1-in-50 year drought7,8. This factor provides an 5 The 150 gpcd value is based upon the normalized 2006-2011 average daily use. 6 The average per capita demand planning level is used for facility planning purposes. Gallons per capita per day (gpcd) calculations are based on the total treated water produced at the Water Treatment Facility for use by Water Utility customers (minus large contractual customers and other sales or exchange arrangements) divided by the estimated population of the Water Utility’s service area. This number is multiplied by population projections developed by the City’s Planning Department to calculate future water demands. 7 For the Water Utility, 20% of annual demand is equivalent to around 3.7 months of average winter demand and about 1.5 months of average July demand. 2.1 Packet Pg. 26 Attachment: Water Supply Demand Management Policy (7852 : Halligan Water Supply Project Update) 5 additional layer of protection intended to address dimensions of risk outside of the other reliability criteria, including emergency situations (i.e. pipeline failure) and droughts that exceed a 1-in-50 year drought. 2.2 Climate Change Climate change could significantly impact the reliability of the City’s supplies and/or the amount of water required to maintain existing landscapes9; however, there is a great deal of uncertainty related to current climate change projections along the Colorado Front Range and its impact on municipal demands and water supply systems. The City’s planning criteria and assumptions are conservative in part to account for climate change based on the information to date. The City will continue to monitor climate change information and, if necessary, will revise its water supply planning criteria and assumptions to ensure future water supply reliability. 2.3 Water Supply Shortage Response Plan The City will maintain a plan for responding to situations where there are projected water supply shortages, either because of severe drought conditions (i.e., greater than a 1-in-50 year drought) or because of disruptions in the raw water delivery system. When needed, the Water Supply Shortage Response Plan will be activated based on the projected water supply shortage. This plan will include measures to temporarily reduce water use through media campaigns, regulations, restrictions, rate adjustments and other measures. The plan may also include provisions to temporarily supplement the supply through interruptible water supply contracts, leases, exchanges and operational measures. Reducing the City’s water use during supply short situations may lessen adverse impacts to irrigated agriculture and flows in the Poudre River. The plan will be reviewed periodically and, if necessary, updated to reflect changes in the City’s water use and its water supply system. 2.4 Additional Supplies and Facilities In order to meet projected growth within the Water Utility’s service area, as well as maintain system reliability and operational flexibility, the City will need to increase the firm yield of its current water supply system. The following policy elements address ways of meeting these needs. 8 In meeting this factor, it is assumed that the City cannot rely on the existing Colorado-Big Thompson Project (CBT) carryover program. This program currently allows each CBT unit holder to carry over up to 20% of its CBT unit ownership in CBT reservoirs for use in the following year. However, this program has varied over the years and there is no guarantee that it will be continued in the future. 9 Current research indicates that changes in precipitation in this area are uncertain but that temperatures will increase and therefore it is likely that runoff will come earlier and in a shorter amount of time, precipitation may more often come as rain, and higher temperatures will increase outdoor demands and change growing seasons for existing landscapes. 2.1 Packet Pg. 27 Attachment: Water Supply Demand Management Policy (7852 : Halligan Water Supply Project Update) 6 2.4.1 Raw Water Requirements for New Development The City shall require developers to turn over water rights as approved by the City, or cash in- lieu-of water rights, such that supplies can be made available to meet or exceed the demands of the Water Utility’s treated water customers during a l-in-50 year drought. Cash collected shall be used to increase the firm yield and long-term reliability of the City’s supply system. Potential uses of cash include acquiring additional water rights, entering into water sharing arrangements with agricultural entities, purchasing or developing storage facilities and pursuing other actions toward developing a reliable water supply system. Consideration will be given to providing a diversified system that can withstand the annual variability inherent in both water demands and supplies. The balance between water rights being turned over and cash received by developers should be monitored and adjusted as needed to develop a reliable and effective system. 2.4.2 Acquisition and/or Sharing of Agricultural Water Supplies The City currently owns and will acquire additional water rights that are decreed only for agricultural use. The City will periodically need to change these water rights from agricultural use to municipal use to meet its water supply needs. The City will change those rights that come from areas upon which the City is growing, or from areas where the irrigation has ceased, when needed. For water rights that were derived from irrigated agricultural lands that remain in viable agricultural areas, the City will refrain from converting agricultural decrees to municipal use as long as other water supply options are available or other factors make it prudent to do so. The City will also work towards water sharing arrangements that provide water for municipal uses when critically needed and that allow for continued agricultural use of water at other times, in a manner that preserves irrigated agricultural lands over the long-term. 2.4.3 Facilities The City will pursue the acquisition or development of facilities that are needed to manage the City’s water rights in an efficient and effective manner and enhance the City’s ability to meet demands through at least a 1-in-50 year drought. These facilities may include storage capacity, diversion structures, pipelines or other conveyances, pumping equipment, or other facilities that increase the firm yield of the City’s supply system. Additional storage will be acquired or constructed considering 1) the City’s return flow obligations incurred from changes of water rights, 2) the City’s need to carryover water from wet years to dry years in order to meet its drought criteria, 3) operational flexibility, redundancy and reliability of the City’s water supply system, and 4) potential multiple-use benefits (i.e., environmental flows, recreational uses, etc.). The City will analyze the potential environmental impacts of developing storage along with other associated costs and benefits, and will develop that storage in a manner that avoids, minimizes or offsets the effects to the environment. Storage capacity options include the enlargement of Halligan Reservoir, the development of local gravel pits into storage ponds, the acquisition of storage capacity in new or existing reservoirs, the development of aquifer storage, or some combination of the above. 2.1 Packet Pg. 28 Attachment: Water Supply Demand Management Policy (7852 : Halligan Water Supply Project Update) 7 3.0 TREATED AND RAW WATER QUALITY Policy ENV 21.1 of Plan Fort Collins states, “Develop and adhere to drinking water quality standards, treatment practices, and procedures that provide the highest level of health protection that can be realistically achieved.” In addition, the City will take an active role in protecting the quality of water in the various watersheds from which the City’s raw water is derived and maintaining the taste and quality of the City’s treated water. This may include mixing of the City’s source waters to maintain high water quality and require collaboration with private, county, state and federal land owners and managers. The acquisition, development, and management of the City’s raw and treated water will be consistent with the City’s Drinking Water Quality Policy and other applicable policies related to watershed protection and water treatment. 4.0 USE OF SURPLUS RAW WATER The City will use its existing supplies to meet municipal obligations with the following priorities: 1) to meet water demands by the City’s treated water customers, and 2) to meet the City’s raw water needs as well as other City raw water obligations. Raw water needs include use for such purposes as irrigation of City parks, golf courses, cemeteries and other greenbelt areas. Additional raw water obligations include primarily water transfers to other entities because of agreements or exchanges made to manage the water supply system more effectively. Water not needed for the above purposes is referred to as surplus water and may be made available to others in accordance with decrees and other applicable policies. Since the City plans its water supply system using a 1-in-50 year drought criterion, it typically has significant quantities of surplus raw water in many years. This surplus water may be available on a year-to- year basis or through multi-year arrangements that do not significantly impair the City’s ability to meet municipal demands. The City will continue to rent its surplus supplies at a fair market price that helps offset the cost of owning such supplies and benefits the Water Utility ratepayers. 4.1 Commitment to Other Beneficial Purposes Acknowledging that the City’s use of its valuable water resources has impacts to the environment and the region, the City will commit to using its surplus supplies for other beneficial purposes such as supporting irrigated agriculture, supplementing flows in the Poudre River or providing other regional benefits. The City’s surplus supplies come from a variety of sources, each of which has unique characteristics. These sources include CBT water and shares in several irrigation companies. Some sources are more suitable and available than others to meet beneficial purposes. Whether the surplus raw water can be used for these other purposes is dependent upon a number of factors, including the type of water, place of use and other decree limitations. Any potential use of these supplies should consider, and will likely require coordination with, other water users, state agencies and other groups. Some uses of the surplus supplies, such as maintaining an instream flow according to the State’s Instream Flow Program, may require a change of water rights through the water court process. The City will engage in a thorough evaluation of these issues as part of assessing the use of its surplus supplies for these beneficial purposes. 2.1 Packet Pg. 29 Attachment: Water Supply Demand Management Policy (7852 : Halligan Water Supply Project Update) 8 Utilities will evaluate implementing a program to allow voluntary contributions from its ratepayers (i.e., Utility bill “check-off box”) for programs that are designed to support the following purposes: preserving local agriculture, supplementing flows in the Poudre River, or meeting other beneficial purposes that our community may desire. 4.1.1 Agriculture and Open Space Policy SW 3.2 of Plan Fort Collins states, “Participate in and follow the Northern Colorado Regional Food System Assessment project and other Larimer County agricultural efforts, and implement their recommendations at a local level, if appropriate.” In addition, Policy LIV 44.1 of Plan Fort Collins states, “Maintain a system of publicly-owned open lands to protect the integrity of wildlife habitat and conservation sites, protect corridors between natural areas, conserve outstanding examples of Fort Collins' diverse natural heritage, and provide a broad range of opportunities for educational, interpretive, and recreational programs to meet community needs.” To the extent that surplus water is available, the City will continue to support the local agricultural economy and help preserve the associated open spaces by renting surplus agricultural water back to irrigators under the respective irrigation companies. The City will explore long-term rental and sharing arrangements with irrigators10 in order to support the regional food system, encourage agricultural open space and other benefits provided by irrigated agriculture, as well as benefit the Water Utility ratepayers. 4.1.2 Instream Flows Policy ENV 24.5 of Plan Fort Collins states, “Work to quantify and provide adequate instream flows to maintain the ecological functionality, and recreational and scenic values of the Cache la Poudre River through Fort Collins.” Recognizing that its water use depletes natural streamflows, the City will seek innovative opportunities to improve, beyond any associated minimum regulatory requirements, the ecological function of the streams and rivers affected by its diversions. The Water Utility will take a leadership role in working with other City departments, local and regional groups and agencies towards the following objectives in accordance with Colorado water law and the administration of water rights in Colorado: 1) encourage flows in local streams to protect the ecosystem, 2) pursue the operation of its water supplies and facilities in a manner that avoids, minimizes or offsets the effects to the environment while meeting customer demands, and 3) explore projects or measures that would provide flows in streams and water in reservoirs for recreational and aesthetic purposes. 4.1.3 Other Arrangements The City will consider and participate in other surplus water supply arrangements with other entities that provide mutual benefits and support the region. These may include other rental agreements, augmentation plans and other cooperative arrangements with regional partners. These types of arrangements should be limited to unique opportunities that are mutually 10 The City’s largest irrigation company ownership interest is in the North Poudre Irrigation Company, which still has substantial lands in irrigated agricultural production and has a unique mix of native water and CBT water that lends itself to these types of partnership arrangements. 2.1 Packet Pg. 30 Attachment: Water Supply Demand Management Policy (7852 : Halligan Water Supply Project Update) 9 beneficial to the parties and provide significant social, economic or environmental benefits to the region. 5.0 REGIONAL COOPERATION The City recognizes the importance in maintaining good relationships with regional entities and coordinating efforts to achieve mutual goals. The City also recognizes that growing Colorado municipalities are currently struggling to define a way to meet future water supply needs in a manner that minimizes negative impacts to agricultural economies and river ecosystems. The Water Utility will endeavor to be a leader in demonstrating how water supply can be provided in a manner that respects other interests and provides a culture of innovation. 5.1 Working with Other Municipal Providers The City will continue to work with the water suppliers throughout the northern Colorado Front Range to assure that adequate supplies are maintained in the region. When benefits are identified, the City will cooperate with area entities in studying, building, sharing capacity and operating water transmission lines, distribution systems and storage reservoirs for greater mutual benefit. The City has common interests and the potential to cooperate with regional entities including the water districts around Fort Collins, the City of Greeley and the Northern Colorado Water Conservancy District, as well as other Colorado water providers. In particular, the City should work closely with water districts that serve Fort Collins residents to encourage similar policies regarding drought protection, conservation and to provide mutual assistance during emergencies. 5.2 Working with Local Irrigation Companies The City will continue to cooperate with local irrigation companies regarding the use, exchange and transfer of water in the Cache la Poudre River Basin. As a major shareholder in many of the local irrigation companies, it is necessary and desirable that the City work closely with these companies. Much of the water supply available to the City is through the ownership of shares in local irrigation companies. 5.3 Working with Others City Departments will work together and also cooperate with local, state and federal agencies, civic organizations, environmental groups and other non-governmental organizations when common goals would benefit City residents and the surrounding community. Examples of goals that may involve City water supplies and be worthy of collaborative efforts include support for existing and development of new local food sources, promoting open space, improving river flows and supporting the local economy. Such efforts should identify appropriate entities and sources of revenue for specific goals or projects. 2.1 Packet Pg. 31 Attachment: Water Supply Demand Management Policy (7852 : Halligan Water Supply Project Update) Calloway Diversion Structure Rabbit Creek LIVERMORE US 287 North Fork Cache la Poudre River HALLIGAN RESERVOIR Red Feather Lakes Rd North Poudre Ditch Lone Pine Creek Currently, 22 miles of the North Fork between Halligan and Seaman reservoirs run dry in reaches due to existing diversion structures and reservoir operations. ach HALLIG HALLIGAN N RESERVOIR RESERVOIRR R ESERVO orth th F ach he Lon at ther L ak Poud udr eRi ver way Rabbit Creek C Diversion North Poudre Ditch version Nth Pd Ditch y Di LIVERMORE US LIVERMO kes Rd 87 7 Lone Creek d Feath Lone Pine e Currently, u rrently, ntly 22 m miles of t the he d eaman rese or d Seaman reservoirs run hes due to un dry d in reaches due to existing existin g diversion on struct structure structures and n d reservoir r servoir op operat operati Calloway Diversion Structure LIVERMORE US 287 North Fork Cache la Poudre River HALLIGAN RESERVOIR Halligan Project Timeline – Significant Events and City Council Approvals Attachment 3. Project Timeline showing key milestones and City Council approvals. Acquired interest in enlargement of Halligan Reservoir (Res. 87- 161) Agreement: with Phanton Canyon Ranch Company Agreement: Professional Studies for Enlargement Feasibility Study Purchase option Entered option agr. with NPIC to purchase & enlarge Halligan Reservoir (Res. 93-164) Resolution 2003-121 NPIC Option. Start Permitting Process WS&DM Policy (Res. 2003-104) Purchase option executed Permitting agreement (City, Tri-Districts & NPIC) Project Cost Approval Federal permitting begins Common Tech. Platform Instituted Tri-Districts withdraw Authorized Evaluation of Environmental Impacts WS&DM Policy Update (Res. 2012-099) NPIC withdraws Greeley separation Approval: Exception to Use of Competive Process for Professional Services Purpose & Need finalized. Mitigation development Authorization to Execute Project Agreements (City Mgr) Approval: Contract Extension for Design & Construction Contracts 1985 1990 1995 2000 2005 2010 2015 2020 Halligan Project We are here Entered optio Reservoir (Re Significant Events and City Council Approvals ATTACHMENT 3 2.3 Packet Pg. 33 Attachment: Project Timeline (7852 : Halligan Water Supply Project Update) Utilities electric · stormwater · wastewater · water PO Box 580 Fort Collins, CO 80522 970.221-6700 970.221.6619 fax x V/TDD: 711 utilities@fcgov.com fcgov.com/utilities MEMORANDUM DATE: April 6, 2018 TO: Mayor Troxell and Councilmembers FROM: Adam Jokerst, Water Resources Project Engineer Eileen Dornfest, Special Projects Manager THROUGH: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Kevin R. Gertig, Utilities Executive Director RE: Halligan Water Supply Project (“Halligan Project”) – Updated Costs and Timeline _______________________________________________________________________________________________________________ Staff recently completed a comprehensive cost update for the Halligan Project to address costs related uncertainties in the federal permitting process, changes to the project timeline, and refinements to project requirements. This memo provides updated costs and a timeline for the project, rationale for changes from previous estimates, comparisons with other water supply alternatives, and opportunities for improvement. BOTTOM LINE: The recent cost update is the most thorough evaluation of Halligan Project costs to date, and includes an independent (i.e., third-party) contractor estimate of construction costs. The total estimated cost for the project has increased to $74.1 million, indicating a need of $56.9 million in future expenditures and $36.7 million in future appropriations. The revised cost estimate is $27.3 million (58%) greater than the last reported project cost of $46.8 million. The majority of the cost increases ($21.4 million of the $27.3 million) are attributable to the following two items: 1) Escalation of costs attributable to increasing material and labor prices, which are compounded by delays in the federal permitting process; and 2) A revised estimate of costs required to address project uncertainties, developed using industry best practices for project risk management. The timeline for completing federal permitting for the Halligan Project has been delayed again. Staff now estimates the project’s draft environmental impact statement (“EIS”) will be released in late-2018 or early-2019 and that construction will commence in 2023. DocuSign Envelope ID: B93F8561-02BF-4CC2-83F5-D26717983D31      ATTACHMENT 4 2.4 Packet Pg. 34 Attachment: Halligan Cost Update Memo April 6, 2018 (7852 : Halligan Water Supply Project Update) 1 2 Despite the increased costs, the Halligan Project remains the most economical project for Utilities to secure additional water supplies. The project will provide firm yield at a price of $8,800 per acre- foot, far less than other regional water supply projects. It also provides many other advantages over other alternatives, such as delivering high quality water supplies and requiring no pumping. 1. REVISED PROJECT TIMELINE A revised schedule from the U.S. Army Corps of Engineers (“Corps”) indicates that release of the draft EIS is now projected for late-2018 or early-2019. This delay was caused, in part, by the City’s development of a “Showing Document.” The Showing Document provides critical information not currently addressed in the Corps draft EIS, such as flow improvements and wetland formation. Staff also reassessed future permitting requirements based on recent observations of obstacles and associated schedule delays encountered by other Front Range permitting projects. Staff believes it prudent to allot an additional year than previously specified to secure all required permits. These changes extend the overall project timeline by two years, with dam construction now estimated to commence in 2023. A revised timeline is shown below. This timeline differs from that provided in the Corps’ quarterly Front Range Water Supply Updates; however, Corps’ schedules have consistently underestimated permitting timelines and milestones. 2. REVISED COST ESTIMATE Over the past year, the Halligan Project has faced considerable uncertainty within the federal permitting process, which has in turn delayed the project. Unanticipated permitting and mitigation requirements have also been encountered within the past year. In response, staff initiated a revised cost study in June 2017. The revised cost estimate is the most comprehensive cost estimate to date and includes an independent (third-party) contractor’s construction cost estimate and an in-depth review of permitting, mitigation, and construction uncertainties and risks. Cost estimates of this detail have not been performed in the past because project requirements were largely unknown or were likely to change. For example, the size of the Halligan Reservoir enlargement has changed four times throughout the 12-year history of the permitting process, a result of withdrawal of project partners and reevaluation of the City’s water needs1 . 1 It took until August 2016 for the Corps to finalize the size of the Halligan Reservoir enlargement carried forward in the permitting process. 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 404 Permitting - Draft EIS 404 Permitting - Final EIS 404 Permitting - Permit Decision Other federal & state permitting Preliminary Design Final Design Construction Enlarged Halligan Operations 3 Staff presented revised cost updates to the Water Board at a February 1, 2018 work session, and incorporated Water Board’s feedback into the present cost estimate. 2.1 Past Cost Estimates Staff hires engineering contractors to provide project cost estimates when there are major dam design alterations or when project requirements significantly change. Since 2002, five engineer’s cost estimates have been prepared. The last engineer’s cost update was completed in July 2015 following the withdrawal of the North Poudre Irrigation Company from the project, which reduced the size of the dam enlargement. Engineer’s cost estimates form the basis for quarterly cost updates to City Council. Staff last apprised Council of project costs and schedule in November 2017, at which time costs were based on the engineer’s estimate prepared in 2015. 2.2 Cost Refinements In addition to incorporating an independent construction cost estimate, the revised cost update reflects several changes to the scope of the Halligan Project, changes in market conditions, and other cost refinements, including: x An extension to the project timeline resulting in higher escalation costs and more ongoing consultant costs; x Escalation of construction material and labor using local market rates; x Incorporation of numerous mitigation and enhancement measures identified within the last year by the Corps and the City; x Addition of public recreation facilities at the enlarged Halligan Reservoir; x Reflection of more rigorous permitting requirements; x Refinements to construction sequencing, scheduling, and staffing based on input from the third-party contractor; and, x Use of an industry best practice to identify project risks and to quantify the costs of contingency required to address project risks and uncertainty. The table below provides updated costs by category, comparisons with previously reported values, and rationale for cost changes. All costs are provided in 4th quarter 2017 dollars and assume construction commencement in the spring of 2023. Staff estimates that each year of construction delay past the spring of 2023 will increase project costs by $3.4 million due to escalation and assumed permitting costs. DocuSign Envelope ID: B93F8561-02BF-4CC2-83F5-D26717983D31 2.4 Packet Pg. 36 Attachment: Halligan Cost Update Memo April 6, 2018 (7852 : Halligan Water Supply Project Update) 4 Item Last Reported Cost ($M)1 Revised Cost ($M) Difference ($M) Reason for Difference Acquisition $3.8 $3.5 -$0.3 City owns more property around Halligan Reservoir than initially claimed. Construction Construction $15.6 $17.5 $1.9 Independent cost estimate refinement. Engineering, Admin & Mgmt $5.1 $7.0 $1.9 Independent cost estimate revised admin. and management needs, including City personnel. Identified Mitigation $2.4 $3.0 $0.6 Includes costs for recently developed mitigation, enhancement, and recreation projects Permitting $14.9 $16.8 $1.9 Recent delays increased permitting costs. Additional costs added for non-Corps permits based on other Front Range projects. Debt Service $1.9 $1.9 $0.0 Escalation $0.0 $8.2 $8.2 Schedule delays. Independent cost estimate revised escalation rates. Risk Mitigation/ Contingency $3.1 $16.3 $13.2 Additional funds required to address design, construction, mitigation, and permitting risks and uncertainties. Total2 $46.8 $74.1 $27.3 1) Project costs last reported November 1, 2017. 2) Line items may not sum to total due to rounding. Most cost increases are attributable to two items, which warrant further discussion: 1) $13.2 million in risk mitigation/contingency to address project uncertainties; and 2) $8.2 million for escalation of material and labor costs. 2.3 Risk Mitigation and Contingency At this stage in the project there remains considerable uncertainty in the dam’s design and permitting and mitigation requirements. A project contingency of 40 percent of the total project cost is currently allocated to address risks related to current project uncertainties, as described below. Using best practices in project risk management, Staff compiled a register of identified risks in the project’s permitting, mitigation, design, and construction phases. For each item in the risk register, we estimated a cost of consequence and assigned a probability of occurrence. The cost of each risk was then reduced to account for the unique probability of occurrence. The risk register identified over 20 risks and $14.6 million in potential consequences. Based on the current level of design of DocuSign Envelope ID: B93F8561-02BF-4CC2-83F5-D26717983D31 2.4 Packet Pg. 37 Attachment: Halligan Cost Update Memo April 6, 2018 (7852 : Halligan Water Supply Project Update) 5 the project, as well as input from independent construction contractors and Water Board, staff increased this amount approximately 10% to $16.3 million. This equates to 40% of the total anticipated project cost being held to address project risks associated with uncertainty. Retaining 40% of project costs to address risks and uncertainties is standard industry practice for project budgeting purposes at this phase of conceptual design. The risk register indicates that past engineer’s cost estimates generally underestimated project risks and contingency requirements. Past engineer’s cost estimates could not contemplate certain risks that are much better understood today, e.g., that permitting would take 15+ years to complete. Further design of the dam enlargement will refine many of the costs included in the $16.3 million contingency. However, given the high cost of such design work, combined with the project history of changes in dam size and concept, staff has elected not to undertake these next project design steps until the City is relatively assured the project will be permitted and until design requirements are better developed through the permitting process. Waiting to complete preliminary and final design until the permitting process is further resolved is not only prudent, but is common practice among other Corps-permitted water supply projects. Staff intends to commence preliminary design following public comment on the draft EIS. The $16.3 million contingency also accounts for uncertainties of federal permitting and mitigation requirements. Permitting processes and mitigation requirements are dictated by federal and state agencies and are thus largely outside the City’s control. Although future permitting and mitigation requirements have become much clearer in recent months, staff believes it prudent to include contingency to address further permitting delays or more costly mitigation measures. The City “owns” the entire contingency budget. The cost of risks that fail to materialize will not be incurred. 2.4 Cost Escalation Staff updates construction costs for the Halligan Project quarterly using national construction cost indices2 . While this rate has escalated 1.2% annually since 2015, local rates in the heavy construction maket have seen escalation of 5% annually per input from local contractors. Staff applied the 5% local escalation rate to all future project costs. Compounded annually and extended by delays in the permitting process, even small adjustments to escalation rates lead to large increases in project costs. 2.5 Cost Assumptions The updated cost estimate is based on several assumptions that, if proven otherwise, could increase the cost of the project. Such assumptions include: x Construction will commence in the spring of 2023; x Construction will be completed within two years (weather delays will increase costs); x Local material and labor costs escalate at or less than 5% annually; x Preliminary and final designs will not deviate substantially from the feasibility design; x The existing dam is structurally competent for enlargement and outlet works tunneling; 2 Indices taken from the U.S. Bureau of Reclamation’s quarterly construction cost trend for concrete dams. DocuSign Envelope ID: B93F8561-02BF-4CC2-83F5-D26717983D31 2.4 Packet Pg. 38 Attachment: Halligan Cost Update Memo April 6, 2018 (7852 : Halligan Water Supply Project Update) 6 x All mitigation will be accomplished by onsite measures; and, x The draft EIS will provide a significant majority of all resource studies needed for other federal and state permits. x Costs do account for potential legal challenges to permit issuance. 3. FUTURE COSTS and APPROPRIATIONS A summary of past and future expenses for the Halligan Project is provided in the table below. The table indicates $56.9 million in future expenditures and a need for an additional $36.7 million in new appropriations for the project. The project has received reimbursements for shared project expenses of $4.6 million to date. These reimbursements have not been re-appropriated to the project budget but are shown in the table below for completeness. Future appropriations for the Halligan Project, if approved, will be sourced from Water Enterprise Fund reserves. Revenue for the Water Enterprise Fund is provided from water rates and development fees. In particular, revenue collected from cash-in-lieu payments for water supply requirements and commercial water surcharges are accrued to the Water Rights Reserve Fund. The Water Rights Reserve Fund is a component of the Water Enterprise Fund, and funds water supply development projects such as the Halligan Project. The current balance of Water Rights Reserve Fund is approximately $25 million. The updated project cost estimate would increase the Utilities’ cash-in-lieu rate for Water Supply Requirements from $17,300 per acre-foot to approximately $21,200 per acre-foot, an increase of 23%. The Utilities’ cash- in-lieu rate is updated every two years, with the next update planned in 2020. Revised costs for the Halligan Project, along with other water supply factors, will be evaluated prior to updating the cash- in-lieu rate. DocuSign Envelope ID: B93F8561-02BF-4CC2-83F5-D26717983D31 2.4 Packet Pg. 39 Attachment: Halligan Cost Update Memo April 6, 2018 (7852 : Halligan Water Supply Project Update) 7 Expenses ($M)1 To Date2 Future Total Acquisition $3.3 $0.3 $3.6 Permitting & Mitigation $12.0 $9.1 $21.1 Construction - $31.3 $31.3 Debt Service3 $1.9 - $1.9 Risk Mitigation/Contingency - $16.3 $16.3 Total $17.2 $56.9 $74.1 Final Utility Cost ($M) To Date2 Future Total Project Costs $17.2 $56.9 $74.1 Less Reimbursements4 ($4.6) ($0.1) ($4.7) Total5 $12.6 $56.8 $69.4 Appropriations ($M) To Date2 Future Total Past Appropriations $37.4 - $37.4 Required Future Appropriation - $36.7 $36.7 Total $37.4 $36.7 $74.1 1) Expenses include escalation in each line item. Line items may not sum to total due to rounding. 2) Past costs through December 2017. 3) Debt service payments from 2004 to 2014 were allocated as Halligan project expenses. All future debt service payments will not be accounted as a project cost. 4) Reimbursements were received from former project partners (North Poudre Irrigation Co. and the Tri-Districts) between 2005 and 2014; miscellaneous reimbursements have been and will be collected from the City of Greeley and from rents in the future. 5) Total Utility cost includes debt service and deducts reimbursements. 4. ALTERNATIVE COMPARISON Despite the increased costs, the Halligan Project remains, by a wide margin, the most economical project for Utilities to secure additional water supplies. The Halligan Project will provide firm yield (i.e., the amount of water supply that can be reliably provided in a drought) at a cost of $8,800 per acre-foot3 , which is far below the cost of other water supply options. For comparison, the market rate for firm yield from the Colorado-Big Thompson project is $60,000 per acre-foot. Firm yield from the Northern Integrated Supply Project (“NISP”) will cost approximately $25,000 per acre-foot and from the Windy Gap Firming Project, firm yield will cost more than $14,000 per acre-foot. All other alternatives analyzed in the federal permitting process have larger capital costs than the Halligan Project. 3 Based on net cost of the project to Utilities of $69.4 million. DocuSign Envelope ID: B93F8561-02BF-4CC2-83F5-D26717983D31 2.4 Packet Pg. 40 Attachment: Halligan Cost Update Memo April 6, 2018 (7852 : Halligan Water Supply Project Update) 8 Costs for other Front Range water supply projects have seen similar cost increases over time as the project scope and requirements were refined. For example, the cost of NISP was reported in 2008 to be $426 million4 . Recently, the cost of was reported to exceed $1 billion. Staff has evaluated numerous other water supply options, both within and outside the federal permitting process, in recent years. In addition to cost savings, the Halligan Project provides many advantages over these other alternatives, including: x Operates by gravity, thereby requiring no pumping or generating associated greenhouse gas emissions; x Low operating costs; x Addresses deteriorating conditions and safety concerns of the nearly 110-year old Halligan Dam; x Delivers high quality water supplies that require no pre-treatment; x Provides significant flow and habitat improvements to the North Fork of the Poudre River; and, x Provides new reservoir recreation opportunities. 5. PROCESS IMPROVEMENTS Staff has reflected on the events and past assumptions that led to the large increase in project costs to identify opportunities for future improvement. Procedures used in the revised Halligan Project cost study fit within the ongoing Utilities-wide effort to better quantify project risks and include funds for project uncertainty and risk mitigation in preliminary project budgets. As noted above, nearly half of the cost increase documented in this memo is attributable to additional budget to address project risks. The Halligan Project is unique among Utilities capital projects in that major costs (e.g., permitting, mitigation, and certain dam requirements) will be mandated by federal and state agencies and are thus outside the City’s control. Further complicating cost estimating is that permitting and mitigation requirements frequently change. Nevertheless, staff has identified the following actions to lessen future cost uncertainties: x Establish a project design team prior to release of the draft EIS. x Initiate site characterization and preliminary design following the public comment period on the draft EIS. x Increase dialogue with other applicants for federally permitted water supply projects to gather lessons learned (to this point, staff recently met with Denver Water and Colorado Spring Utilities). x Increase the frequency of cost estimate updates. x Assess local labor and material market conditions more regularly. CC: Water Board Lance Smith, Utilities Strategic Finance Director Owen Randall, Chief Engineer Donnie Dustin, Water Resources Manager 4 Value from NISP Draft EIS DocuSign Envelope ID: B93F8561-02BF-4CC2-83F5-D26717983D31 2.4 Packet Pg. 41 Attachment: Halligan Cost Update Memo April 6, 2018 (7852 : Halligan Water Supply Project Update) 1 Halligan Water Supply Project City Council Work Session April 9, 2019 Glossary of Key Terms 1-in-50 Year Drought Criterion - Criterion adopted in the current Water Supply and Demand Management Policy that defines the level of risk for the City’s water supply system. A drought is a period of below average runoff that can last one or more years and is often measured by its duration, average annual shortage and cumulative deficit below the average. A 1-in-50 drought corresponds to a dry period that is likely to occur, on average, once every 50 years. Although the Poudre River Basin has several drought periods in its recorded history, it is difficult to assess whether any of these droughts were equal in magnitude to a 1-in-50 drought. A statistical drought study developed the 1-in-50 drought used in assessing the Utilities water supply system. This drought period is six years long and has a cumulative deficit of 550,000 acre-feet, which represents annual river volumes that are about 70% of the long-term average for the Poudre River. 1041 Permit – A permit by which the County can regulate areas and activities of state interest through a local permitting process. The 1041 Permit process allows counties to identify, designate, and regulate areas and activities of state interest to maintain their control over certain development projects. A 1041 Permit can be awarded through an application and hearing process or through an intergovernmental agreement approved by the Larimer County Board of County Commissioners. 401 Certification – Section 401 of the Clean Water Act requires that anyone applying for a federal permit or license which may result in a discharge of pollutants into waters of the United States, obtain a certification that the activity complies with all applicable water quality standards, limitations, and restrictions. No license or permit may be issued by a federal agency (such as the Corps) until certification required by section 401 has been granted by Colorado Department of Public Health & Environment. Acre-Foot or Acre-Feet (AF) - Volume of water equal to about 326,000 gallons or the volume of water that can cover an area of one acre to a depth of one foot. One acre-foot can supply around three to four single family homes in Fort Collins per year. For storage comparison the maximum volume of Horsetooth Reservoir is about 157,000 acre-feet. Active Capacity - The usable capacity of a reservoir for storage and regulation of inflows and releases that does not include any capacity below the reservoir’s lowest outlet (which is known as dead capacity). Adaptive Management - A management strategy that anticipates likely challenges associated with compensatory mitigation projects and provides for the implementation of actions to address those challenges, as well as unforeseen changes to those projects. (40 C.F.R. § 230.92) ATTACHMENT 5 2.5 Packet Pg. 42 Attachment: Glossary of Key Terms (7852 : Halligan Water Supply Project Update) 2 Carryover - Used in reference to storage, it is the ability to save water in storage for later use, most notably in following years. Colorado-Big Thompson (CBT) Project - A Bureau of Reclamation project that brings water from the Colorado River basin to the east side of the continental divide via a tunnel and the Big Thompson River to several locations including Horsetooth Reservoir. It is operated by Northern Water. Fort Collins Utilities currently owns 18,855 units of the 310,000 total units in the CBT project. Cubic Feet per Second (cfs) - Volumetric flow rate equal to one cubic foot flowing every second. For comparison, an average peak flow rate on the Poudre River at the Lincoln Street gage (downtown) is around 1,900 cfs and a median winter-time low flow rate in December at the same location is around 7 cfs. Direct Flow Rights - Water rights that can be taken for direct use, as opposed to storage rights that can be taken for later use. See also “Senior Water Rights.” DEIS or EIS - Draft Environmental Impact Statement. A report detailing the findings of the NEPA environmental review process. The report can be reviewed by the public and those comments are typically addressed in a Final Environment Impact Statement. See also “NEPA.” ELCO - East Larimer County Water District; see also “Tri-Districts.” FCLWD - Fort Collins-Loveland Water District; see also “Tri-Districts.” Firm Yield - A measure of the ability of a water supply system to meet water demands through a series of drought years. For the Fort Collins Utilities, this means being able to meet the planning demand level and storage reserve factor through the 1-in-50-year drought criterion. See also “1-in-50 Year Drought Criterion,” “planning demand level” and “storage reserve factor.” Fish and Wildlife Mitigation Plan – A FWMP is the State of Colorado’s position on measures that will be employed to mitigate the impacts to fish and wildlife resources. The FWMP is not a permit but rather a recommendation to the US Army Corps of Engineers. Typically, FWMPs are integrated into federal permits or are enforced through separate agreements between the water project proponent (i.e., the City) and Colorado Department of Natural Resources. GMA - Growth Management Area, the planned boundary of the City of Fort Collins’ future City limits. gpcd - Gallons per capita per day. A measurement of municipal water use. For the Fort Collins Utilities, gpcd is calculated based on the total annual treated water produced at the Water Treatment Facility for use by all Water Utility customers (minus large 2.5 Packet Pg. 43 Attachment: Glossary of Key Terms (7852 : Halligan Water Supply Project Update) 3 contractual customers and other sales or exchange agreements) divided by the estimated population of the Water Utility’s service area and 365 days. LEDPA - Least Environmentally Damaging Practicable Alternative, which is the only alternative that can be permitted by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. NEPA - National Environmental Policy Act. Federal legislation that established environmental policy for the nation. NEPA requires consideration of potential environmental effects of, and reasonable alternatives to, any major federal action. To comply with NEPA, the Corps is required to prepare an environmental analysis. This environmental analysis must assess the direct, indirect and cumulative environmental impacts of the proposed action and a range of reasonable alternatives that would meet the purpose and need identified by the lead agency as well as proposed mitigation to address the impacts. NISP - Northern Integrated Supply Project, which is being developed in the Poudre River Basin by Northern Water for fifteen participants in the northern Colorado region. Northern Water - Operates the Colorado-Big Thompson (CBT) Project and is involved in several other regional water projects on behalf of their participants. See also “Colorado- Big Thompson (CBT) Project” and “NISP.” NPIC - North Poudre Irrigation Company. An irrigation company that supplies water to farmers north of Fort Collins and is the owner of all water currently stored in Halligan Reservoir. The City currently owns about 36% of the shares in NPIC. NWCWD - North Weld County Water District; see also “Tri-Districts.” Planning Demand Level - Level of water use (demand) in gpcd used for water supply planning purposes that is a factor in determining the amount of water supplies and/or facilities needed. The current Planning Demand Level used by Utilities to determine future water supply needs is 150 gpcd. See also “gpcd.” Storage Reserve Factor - Refers to a commonly used engineering principle in designing water supply systems to address short-term supply interruptions. As defined in the Water Supply and Demand Management Policy, the storage reserve factor incorporates having 20 percent of annual demands in storage through the 1-in-50 drought, which equates to about 3.5 months of winter (indoor) demands or 1.5 month of summer demands. Senior Water Rights - Refers to Colorado water law’s use of the “prior appropriation” or priority system, which dictates that in times of short supply, earlier water rights decrees (senior rights) will get their water before others (junior rights) can begin to use water. Often described as “first in time, first in right.” 2.5 Packet Pg. 44 Attachment: Glossary of Key Terms (7852 : Halligan Water Supply Project Update) 4 Southside Ditches - Refers to the irrigation ditches that run through the City of Fort Collins, including the Arthur Ditch, New Mercer Ditch, Larimer County Canal No. 2 and Warren Lake Reservoir. The Pleasant Valley and Lake Canal is another ditch that runs through Fort Collins and is sometimes considered a Southside Ditch. Tri-Districts - The combination of the three regional water districts: East Larimer County (ELCO), Fort Collins-Loveland (FCLWD) and North Weld County (NWCWD) Water Districts. These districts share the same water treatment plant called Soldier Canyon Filter Plant, which is located adjacent to Fort Collins Utilities’ Water Treatment Facility. Water Rights Portfolio - The mix of water rights owned by a water supplier. Typically includes water for direct use, as well as for storage for later use. Fort Collins Utilities’ water rights portfolio includes City-owned water rights, owned and/or converted shares in agricultural rights, storage rights at Joe Wright Reservoir, and ownership in the CBT project. WSDMP - Water Supply & Demand Management Policy. The Policy provides Fort Collins Utilities guidance in balancing water supplies and demands. WSR - Water Supply Requirements (previously known as Raw Water Requirements), which require new development to turn in water rights or cash-in-lieu of water rights to support the water needs of that development. Cash is used to increase the firm yield and long-term reliability of the City’s supply system (e.g., purchase additional storage capacity). Yield or Water Rights Yield - Refers to the amount of water that is produced from a water right. The yield of water rights varies from year to year depending on the amount of water available (i.e., low or high river runoff) and the priority of the water right. See also “Firm Yield” and “Senior Water Rights.” 2.5 Packet Pg. 45 Attachment: Glossary of Key Terms (7852 : Halligan Water Supply Project Update)  +DOOLJDQ:DWHU6XSSO\3URMHFW8SGDWH 'RQQLH'XVWLQ:DWHU5HVRXUFHV0DQDJHU (LOHHQ'RUQIHVW3URMHFW0DQDJHU $SULO ATTACHMENT 6 2.6 Packet Pg. 46 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update) 3XUSRVH ‡ 8SGDWHRQ+DOOLJDQ:DWHU6XSSO\3URMHFW ‡ :DWHU6XSSO\ 'HPDQG%DFNJURXQG ‡ 3XEOLF3URFHVV'UDIW(QYLURQPHQWDO ,PSDFW6WDWHPHQW (,6 ‡ ,QSXWIURP&RXQFLO  2.6 Packet Pg. 47 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update) 'LUHFWLRQ6RXJKW ‡ 'RHV&RXQFLOKDYHDQ\VSHFLILF TXHVWLRQVDERXWWKHSXEOLFSURFHVV" ‡ 'RHV&RXQFLOKDYHDQ\TXHVWLRQVRU FRQFHUQVUHJDUGLQJWKHFXUUHQWSODQIRU PRYLQJIRUZDUGZLWKWKH+DOOLJDQ:DWHU 6XSSO\3URMHFW"  2.6 Packet Pg. 48 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update)  /HJHQG +DOOLJDQLVIRU8WLOLWLHV¶ ZDWHUVHUYLFHDUHD )RUW&ROOLQV:DWHU'LVWULFWV 2.6 Packet Pg. 49 Attachment: PowerPoint (7852 : Halligan 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67 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update) 3XEOLF&RPPHQW3HULRG&LW\5ROHV  9 'LUHFWFRPPHQWVWRWKH&RUSV 9 3URYLGH&LW\¶VRSLQLRQ 9 $QVZHUJHQHUDOTXHVWLRQVHGXFDWH 9 6XSSRUW&RUSV¶RSHQKRXVHV [ $FFHSWRIILFLDOSXEOLFFRPPHQWV [ $QVZHUWHFKQLFDOTXHVWLRQV [ +RVWRSHQKRXVHV [ 3URYLGHWKH&RUSV¶RSLQLRQ '2 '21¶7 2.6 Packet Pg. 68 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update) $YRLG,PSDFWV 0LQLPL]H,PSDFWV 3URYLGH &RPSHQVDWRU\ 0LWLJDWLRQ &RQFHSWXDO0LWLJDWLRQ 3URFHVV  2.6 Packet Pg. 69 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update) 0LWLJDWLRQ$SSURDFK  $UHDV1HDU+DOOLJDQ 'HJUDGHG5HVRXUFHV +ROLVWLF$SSURDFK /RFDO3DUWQHUVKLS *XLGLQJ 3ULQFLSOHV 2.6 Packet Pg. 70 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update) 1RUWK)RUN+DELWDW,PSURYHPHQW ‡ 0LQLPXPIORZV ‡ 5HFRQQHFWLRQ ‡ 7HPSHUDWXUH ‡ :DWHUTXDOLW\  2.6 Packet Pg. 71 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update) &RQFHSWXDO0LWLJDWLRQDQG(QKDQFHPHQW ‡ :HWODQGV KDELWDW ‡ 7HPSRUDU\FRQVWUXFWLRQLPSDFWV ‡ 0RQLWRULQJDQG$GDSWLYH0DQDJHPHQW3ODQ  2.6 Packet Pg. 72 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update) 3XEOLF5HFUHDWLRQ  *RDOV ‡ 6DIHSXEOLFDFFHVV ‡ 0DLQWDLQSULPLWLYHVSLULW ‡ 0LQLPL]HLPSDFWV ‡ 3URWHFWSXEOLFDVVHW 2.6 Packet Pg. 73 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update) 3XEOLF$FFHVV/LPLWDWLRQV  ‡ 6DIHW\ 6HFXULW\ ‡ (QYLURQPHQWDOFRQVHUYDWLRQ ‡ /DQGRZQHUFRQFHUQV 2.6 Packet Pg. 74 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update) 'LUHFWLRQ6RXJKW ‡ 'RHV&RXQFLOKDYHDQ\VSHFLILF TXHVWLRQVDERXWWKHSXEOLFSURFHVV" ‡ 'RHV&RXQFLOKDYHDQ\TXHVWLRQVRU FRQFHUQVUHJDUGLQJWKHFXUUHQWSODQIRU PRYLQJIRUZDUGZLWKWKH+DOOLJDQ:DWHU 6XSSO\3URMHFW"  2.6 Packet Pg. 75 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update) fcgov.com/halligan  2.6 Packet Pg. 76 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update)  &RQVWUXFWLRQ 3UHOLPLQDU\ )LQDO'HVLJQ  6FRSLQJ3XUSRVH 6FRSLQJ3XUSRVH 1HHG$1HHG$OWHUQDWLYHV6WXGLHV OWHUQDWLYHV6WXGLHV  2.6 Packet Pg. 66 Attachment: PowerPoint (7852 : Halligan Water Supply Project Update) DocuSign Envelope ID: B93F8561-02BF-4CC2-83F5-D26717983D31 2.4 Packet Pg. 35 Attachment: Halligan Cost Update Memo April 6, 2018 (7852 : Halligan Water Supply Project Update) Red Feather Lakes Rd North Poudre Ditch Lone Pine Creek Rabbit Creek DISCONNECTED RIVER CURRENT CONNECTED RIVER PROPOSED N N The dry stream reach in winter results from current reservoir operations. Outlet gates are closed after irrigation season and water does not reach the North Fork until the dam spills in late winter. Minor seepage through closed gates and some groundwater seepage provide the only water to this section of river during the winter. The dry stream reach in the summer results from operation of the North Poudre Canal diversion structure, which is in operation during the irrigation season. Often, the river's entire flow is diverted into the canal. Aids and services are available for persons with disabilities. 19-20574 The Halligan Water Supply Project will provide flows to the river year-round, which will create healthier conditions for the entire aquatic ecosystem. Stonewall Creek Stonewall Creek North Poudre Canal Diversion Structure North Poudre Canal Diversion Structure SEAMAN RESERVOIR SEAMAN RESERVOIR CURRENT AND PROPOSED RIVER CONDITIONS BELOW HALLIGAN RESERVOIR ATTACHMENT 2 2.2 Packet Pg. 32 Attachment: Current and Proposed River Conditions (7852 : Halligan Water Supply Project Update) 1 We are committed to the concept of competition for locations and expansions among our individual communities and projects, provided that the prospect has asked for specific proposals or has settled on a northern Colorado location. At no time shall any member of the Partnership solicit a fellow member’s prospects. We are committed to working together with the real estate community and are in no way in direct competition with them. Economic developers are a resource and facilitator in the site selection process. We are committed to sharing among our membership as much information as is necessary and prudent on any activity undertaken by or in the name of the Partnership. Our guiding principle shall be that “more information is better than less.” At no time shall any economic development organization member of the Partnership advertise or promote its respective area to companies within another member’s geographic area in a manner that is derogatory or insulting to the other geographic area. “Selling against another member of the Partnership or another Colorado community, or direct solicitation of intrastate relocations, is strongly discouraged. We are committed to locating prospects in the Northern Colorado region. In the event that our local jurisdictions cannot meet the needs of a particular prospect we shall communicate with our fellow members in an effort to meet the company’s needs elsewhere in the northern Colorado area. Economic development organizations shall hold all site and building information provided by member real estate brokerage firms in the strictest confidence. Said information shall not be printed, copied, and shown in any manner to any entity other than prospects or their direct representatives. ATTACHMENT 1 1.1 Packet Pg. 7 Attachment: Regional Code of Ethics (7848 : Update on Regional Economic Collaboration)