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HomeMy WebLinkAboutresolution.council.011-87 CI[i:~' C(')U:,;CiL OF T}i)~ CiTY O? ?~S?ENr COLORADO P~I,~ D TIIE BOhRD OF COUNTY CO[,3~ii(SS!ONI;i~S O? ~-,II.,~ COUIqTY~ cole[~U~DO PIT"' ' n WHEREAS, tt~e City Council of Aspeut Colorado, a Colorado t!ome- Ru].e City, and the Board of County Commissioners'of Pitkin County, Colorado, a Colorado ttome-Rule Cov~.ty, have actively participated in the neSotiations, discuss:,ions a:~d public pursuant to the First Round S~les and Second Round na~otiatio~s for sale of water from Ruedi Reservoir by the U.S. Bureau of Reclamation~ and WI]ER~;ASr all parties to these negotiations and discussions have developed an operational plan governin~ releases pursuant First Round Sales and a Preferred Operational Alterr~ative pursuant to Second Round Sales, both of which wou].d preserve and protect the economic, aquatic and recreational values associated with the use of Ruedi Reservoir and the Fryingpan River, and ~EREASr the Bureau of Recitation adopted that operational plan and that preferred Alternative based on substantial factual evidence, extensive public process and a clear understandinrJ of the economic importance of recreational use of the Fryingpan River and Ruedi Reservoir to the Roarin~ Fork Valley, and WHEREASr prior to implementincj those operational plans and those Second-Round Sales, the Bureau of Reclamation entered into consultations with the U.S. Eish and Wildlife Service pursuant to Section 7 of the Endan. gered s~cies Act, and WHEREAS, those consultations and related negotiations with other parties have led to the issuance of a Draft Biological opinion, a n d WHiO:~'iAS, ira]2]crack-ration of the Draft Biological opinion may result in operation~l practices for Ruedi Reservoir contrary' to those previously adopted, accepted, and ~:el.ied upon by Aspen and Pit!~J,~. County, and NItEREP:S, those operai~ional practices for Ruedi Reservoir may injure the economic~ aquatic, aesthetic, and recreational values associ~ted with Ruedi Reservoir and the Fryingpan River to the dei~;iment of the citizens, residents, and guests of Aspen and Pitkin County, Colorado, and WHEREAS~ all inte~.~ested parties have been notified of the City and County's concerns regarding th~s issue by letter dated .February 13, 1987, and WHERi-.'AS, The Bureau of Reclamation is currently analyzing the impacts of supplemental Ruedi releases for endangered species pursuant to the Draft Biological Opinion and the available management and mitigation measures for minimizing those impacts, and WHEREAS, The Bureau of Reclamation will be issuing a Final Environmental Impact Statement on Ruedi Round 2 Water Sales which will identify the impacts of Ruedi Water Sales and endangered species releases: 'NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AS FOI, LOWS: 1) The Bureau of Reclamation is hereby requested to undertake an analysis of all available data regarding the potenti~,l :in, pac.:ts of proposed Rnedi Reservoir Re, trod 2 Water Sales Preferred Alt. erisa'Live wi'kb Co:-~servation Hcasure's, upon the fisheries~ recreational and power, uses in Ruedi Reservoir and the Fryingpan River. 2) The analysis referred te above should be made in' compliance with the National Envi):onmel:'i:al Policy Act ('~NEPA"), i.e., by updating the Supplemental EIS on Round 2 Nater Sales. 3) Consistent with the policy of the State of Colorado that water in storage should not be used if alternatives are locally available, the Bureau of P. eclamation and other parties should include in the approved program requirements for the immediate investigation of alternative solutions in the Cameo area for protection of critical habitat for endangered species. 4) Conservation flows for the protection of endangered species should be rejected if the Bureau's analysis indicates that fisheries, recreational, or power .uses in Ruedi Reservoir and the Fryingpan River are likely to be significantly impaired. 5) If conservation flows are approved and implemented, and the above-referenced uses are observed to be significantly impaired,' such conservation flows should be terminated. 6) Our respective staffs are hereby directed to take all appropriate steps to insure that any operational plans adopted for Ruedi Reservoir pursuant to water sales, Endangered Species releases, or for any other purpose are consistent with the operational guidelines adopted for First Round Water Sales and/or the Preferred Alternative for Second Round Sales and that those plans acknowledge and safeguard the recreational, scenic, N.¥'drob~owor Projec{ and LNe Prylingpan River. 7) The staff is direc:{;,ed to insure, by all legal means, that any negative impacts to those values noted above are minimiF, ed through the adoption and implementation of stringent and effective m~{'iga{-i, on and management techniques. 8) The staff is directed to encourage and partier{pate in any discussions, meetings., requests for comment or other opportu- nities for ongoing City and Cour~ty representation and participa- tion in the making of decisions on future Ruedi management. APPROVED AND ADOPTED by the City Council of Aspen, Colorado and the Board of County Commissioners of Pitkin County, Colorado, in Joint Ses~-~ion this day of , 1987o ATTEST: CITY OF ASt~EN, COLORADO PITKIN COUNTY, C~ORADO ATTEST: Count7 . ~-~en, Chairman Board of Eoun~y Commissionors ~PPRO~ED ~S ~ EORM/ ~// ThOmas Fenton Smith, County Attorney