HomeMy WebLinkAboutminutes.council.19850819Continued Meeting Aspen City Council August 19, 1985
Mayor Stifling called the meeting to order at 3:52 p.m. with
Councilmembers Fallin, Isaac, Walls, and Collins.
ORDINANCE ~48, SERIES OF 1985 - Ground Water Rights
Councilwoman Walls moved to read Ordinance ~48, Series of 1985,
seconded by Councilwoman Fallin. All in favor, motion carried.
ORDINANCE #48
Series of 1985
AN ORDINANCE ENTITLED "WATER RIGHTS CONTROL AND
DEDICATION"; REPEALING SECTION 23-55; ENACTING NEW
SECTION 23-55.1 PROVIDING FOR THE INCORPORATION OF
CERTAIN GROUNDWATER INTO THE MUNICIPAL SERVICE PLAN;
ENACTING NEW SECTION 23-55.1 PROVIDING FOR THE REGULA-
TION OF INDEPENDENT WATER SUPPLIES; ENACTING NEW
SECTION 23-55.3 PROVIDING FOR RAW WATER USE AND
CARRIAGE; ENACTING 23-55.4 PROVIDING FOR CONSTRUCTION
WATER USE; AND ENACTING A NEW DIVISION 7 PROVIDING FOR
WATER RIGHTS DEDICATION was read by the deputy city
clerk
Councilwoman Walls moved to adopt Ordinance #48, Series of 1985,
on first reading; seconded by Councilwoman Fallin.
Mayor Stifling said he does not understand why this has not been
adopted by previous Councils. John Musick, city's water
attorney, told Council in 1976 he made 3 specific recommenda-
tions; take over the water supplies from surface ditches within
the city; take over the water supplies from wells, and take over
the water supplies in deep aquifers within the city service
area. The Council, at various times, asked Musick to present
ordinances to carry this out, and when they got the ordinances,
decided not to pass them. The principle reasons was at one or
more times people who owned shallow wells within the Gity,
people with surface water supplies objected to the flexibility
taken away from them.
Musick told Council as part of the water management plan, it is
the policy of the city to gradually over time take charge of the
water supplies of the city. The issue surfaced when Council was
going to adopt the ordinance, and Pitkin Green residents, who are
on wells, objected to the confiscation of the wells by the city
and also to forcing people to connect to the city's water system.
Musick said this issue was brought to the attention by the
enactment of Senate Bill 5, which is designed to protect the
water supplies of deep aquifer formation in the Denver basin.
Musick said no one has undertaken a geologic study to determine
if sands exist here.
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Continued Meeting Aspen City Council August 19, 1985
Roll call vote; Councilmembers Isaac, yes; Collins, yes; Walls,
yes; Fallin, yes; Mayor Stirling, yes. Motion carried.
Councilman Collins asked why there would be opposition to this
if it is only addressing deep aquifers, and how the city could
take people's wells. Musick said as a policy of the city, there
is a dedication requirement to dedicate sufficient water rights
to cover the supplies the city would be providing if people wish
to connect to the municipal water system. Musick said there is
nothing confiscatory about this practice. Musick said if
someone comes into the city of Aspen and has a drink of water,
there is a presumption they are receiving municipally treated
water. If someone gets sick, the city is the logical person to
be sued. The city's protection is to require untreated systems
to be treated, or requiring them to be posted asnon-potable, or
turning the systems over to the city, not allowing inter-connects
and allowing them only to be used for irrigation. Musick
suggested the Council could deal with the deep aquifers only and
deal with the dedication separately.
Councilwoman Fallin said there are private wells in areas
surrounding Aspen, and would the city negotiate with each
property owner. Musick said in a mass annexation, the people
would dedicate their water supply to the city. It would leased
back to the property owners. Jon Busch said in this proposal,
if his area were annexed, would he loose his ground water
rights. Musick said he would be asked to convey the water
rights to the city. Everyone that has been annexed has conveyed
their water to the city; the city then leases it back for modest
payment and several conditions. If the emergency needs of the
city required, the city would use the water. Other than that,
the operational practice would remain the same. The city would
test the water to make sure it was all right.
Councilman Collins asked what happens if the water doesn't test
out. Musick said it would either be posted or be shut down.
City Manager Hal Schilling asked upon adoption of this ordinance
if the city assumes any responsibility for existing wells.
Musick said the city would be in a proprietary role and has to
take positive steps. Presently, the city has no choice or
control over private wells. Musick said the city is not trying
to shut down all the wells.
Mayor Stirling moved to adjourn at 4:16 p.m.; seconded by
Councilwoman Fallin. All in favor, motion carried.
Ka~~h, City Clerk
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