HomeMy WebLinkAboutresolution.council.023-15 RESOLUTION #23
(Series of 2015)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, REGARDING THE FERC PRELIMINARY PERMIT FOR
CASTLE CREEK ENERGY CENTER AND PURSUIT OF MICRO HYDRO
PROJECTS, AND REAFFIRMING THE CITY OF ASPEN'S COMMITMENT
TO PROTECTION AND USE OF ITS WATER RIGHTS.
WHEREAS, on November 25, 2008, Preliminary Permit P-13254-000 was
issued by the Federal Energy Regulatory Commission ("FERC") for the Castle
Creek Hydroelectric Project, 125 FERC ¶ 62, 185, a successive Preliminary Permit
was issued March 7, 2012, 138 FERC ¶ 62, 209, and the successive Preliminary
Permit is set to expire on February 28, 2015; and,
WHEREAS, the City Council has acknowledged that the City of Aspen will
not be pursuing or seeking to complete the Castle Creek Energy Center
hydroelectric project at this time, and instead will pursue other renewable energy
projects including micro hydroelectric installations at existing City-owned or
controlled facilities on Castle Creek and Maroon Creek, in order to develop
renewable energy; and,
WHEREAS, the City's water resources should be managed comprehensively
rather than in isolation so as to promote a broad range of municipal policies and
goals; and,
WHEREAS, the City's policies and planning have long contemplated
investigation and installation of environmentally sensitive hydroelectric projects,
including low head or micro hydro projects because such projects provide a clean-
energy source of electricity, and can be developed in conjunction with other water
uses in order to achieve a comprehensive utilization of the City's water rights_and
water resources; and,
WHEREAS, the City also has a longstanding policy and goal, reiterated in
Resolution No. 93-5, to protect decreed instream flows without abandoning its
water rights, and in furtherance of that policy, has made available senior water
rights on Hunter Creek for instream flow uses, has entered into an agreement by
which it has agreed to operate its senior water rights to protect the junior decreed
instream flow on Castle Creek, voluntarily operates its senior water rights on
Maroon Creek to protect the decreed instream flow on Maroon Creek, and is
engaged in a pilot project to assist instream flow protection on the Roaring Fork
River; and,
WHEREAS, the City's goals of instream flow protection and
environmentally-sensitive hydroelectric projects can be furthered by micro
hydroelectric projects on Castle Creek and Maroon Creek, because use of the
City's senior water rights on those creeks (the Castle Creek Flume and Midland
Flume on Castle Creek, and the Maroon Ditch Priority 11 on Maroon Creek) to
generate electricity in a micro hydro project will also result in instream flow
protection; and,
WHEREAS, preliminary investigation indicates that a micro hydro project
using the City's Maroon Ditch Priority 11 water right ("Maroon Ditch") may be
feasible on Maroon Creek, and will allow generation of power from streamflow
that is currently bypassed at the City's Maroon Creek Intake pursuant to the City's
FERC license for.the Maroon Creek hydroelectric plant and its instream flow
protection policy; and
WHEREAS, City staff has recommended that a micro hydro project on
Maroon Creek using the Maroon Ditch water right be prioritized for further
evaluation at this time inasmuch as the City has operated a successful hydroelectric
plant on Maroon Creek for many years; and,
WHEREAS, City staff has recommended that in connection with evaluation
of such a micro hydro project on Maroon Creek, the City investigate and initiate
the appropriate FERC process for such a project; and
WHEREAS, City staff has recommended that a micro hydro project on
Castle Creek using the City's senior Castle Creek water rights described above
continue to be investigated at the City staff level, and that staff develop and
provide further information to Council about such a project on Castle Creek; and,
WHEREAS, the City of Aspen, by this resolution, intends to reaffirm its
commitment to develop, maintain and fully utilize for beneficial uses all of its
water rights, including but not limited to the Maroon Ditch Priority 11 water right,
the Castle Creek Flume water right and the Midland Flume water right, for all of
their decreed amounts, purposes and uses, and that the City has not abandoned or
intended to abandon any of its water rights or any decreed amount, purpose or use .
thereof, and does not intend to abandon any of its water rights or any decreed
amounts, purposes or uses of its water rights.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby agrees that the successive
Preliminary Permit issued on March 7, 2012, for the Castle Creek hydroelectric
project, shall be allowed to expire in accordance with its terms;
That the City Council affirms its intent to pursue micro hydroelectric
installations at existing City-owned or controlled facilities on Castle Creek and
Maroon Creek, using the above-described City senior water rights, and hereby
directs staff to continue to study the costs and benefits of such facilities and to
proceed at this time to take action in the pursuit of a micro hydroelectric facility on
Maroon Creek using the City's Maroon Ditch Priority I I water right, including the
filing of an application for a preliminary permit or other appropriate request with
FERC;
That the City Council directs City staff to continue to investigate a micro
hydro project for Castle Creek and to provide regular,reports to the City Council
regarding such investigation; and
That the City Council of the City of Aspen reaffirms its commitment to
develop, maintain, and beneficially use, to their full decreed extent, all of its water
rights, including but not limited to the Maroon Ditch Priority 11 water right, the
Castle Creek Flume water right and the Midland Flume water right, for all of their
decreed amounts, uses and purposes, and that the City has not abandoned or
intended to abandon any of its water rights or any decreed amounts, uses or
purposes of any of its water rights, and does not intend to abandon any of its water
rights or any decreed amounts, uses or purposes of its water rights.
INTRODUCED, READ AND ADOPTED by th City Council of the,City of
Aspen on the 23rd day of February, 2015. % I
Steven Skadr n, Mayor
l 1, Linda Manning, duly appointed and acting City Cle k do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held on the 23rd day of February,
2015.
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Linda Manning, City Cle k