HomeMy WebLinkAboutresolution.council.005-93
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RESOLUTION NO. 5
(Series of 1993)
(as amended by Resolution No. ~ (Series of 1993))
A ~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
ENDORSING AND ADOPTING POLICIES TO GUIDE MUNICIPAL WATER SYSTEM
DEVELOPMENT AND SERVICES.
WHEREAS, after a careful and thorough review of the City's
historic and current water management policies and practices, the
City Council has determined that all future expansions of the
municipal water system and system capacity shall be examined and
approved pursuant to a comprehensive policy in coordination with
a land use planning process that addresses issues of water
quantity and availability, water quality, storage capacities,
treatment capacities, delivery infrastructure, appropriate
locations for growth, conservation, short term and long term
costs, and the preservation of the natural environment; and
WHEREAS, the city, in cooperation with Pitkin County, has
recently adopted the Aspen Area Community Plan which, when imple-
mented with the water management policies contained herein, will
assist in providing guidance for the orderly development of the
city's water treatment and distribution system both inside and
outside the City's geographical boundaries; and
WHEREAS, the City Council has determined that the existing
water delivery system and infrastructure should assume and
maintain a favored status when compared to proposed expansions of
the system for purposes of serving extraterritorial customers;
and
WHEREAS, the City Council has further determined that
historically it has not been in the City's interest to take over
ownership or assume operational responsibility of substandard
water delivery systems and that the City should not continue to
do so in the future; and
WHEREAS, the city Council recognizes that the city's finan-
cial and water resources are not unlimited and that the city of
Aspen is not a public utility required to serve all persons or
uses; and
WHEREAS, the City Council hereby declares that the adoption
of the water management policies as set forth herein does not
assume and is not intended to represent a commitment, obligation
or ability on the part of the city of Aspen to provide water or
water delivery services to customers not currently served by the
existing system; and '
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WHEREAS, the implementation of the water pOlicies as herein
adopted is expected and intended to result in the continued and
full utilization of all of the City's water rights; and
WHEREAS, the city council has determined that the adoption
of the following comprehensive water management policies is
necessary to further and protect the public heal"th, safety and
welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, that the following policies are hereby
adopted and shall hereafter guide the City of Aspen and all of
its departments in devising, approving and implementing plans
and/or projects for the delivery of water services utilizing the
city's water resources and municipal water system. It is the
intent of the city Council that the policies set forth herein
shall update and revise those policies as previously adopted by
the City in the 1980 Water Management Plan and supersede such
older policies should conflicts arise between the two.
STATEMENTS OF POLICY
It is the policy of the City of Aspen in order of priority
to:
ONE, provide existing and future water users within the City
of Aspen with an adequate supply of water for all municipal
purposes.
TWO, provide existing water users outside the geographical
boundaries of the City of Aspen with an adequate supply of water
for all municipal purposes.
THREE, extend or expand water services outside the city
limits only when the extension or expansion will not jeopardize
the first and second priorities as set forth above, and meet the
following criteria:
a. The extension or expansion will be consistent with and
further ,the goals of the Aspen Area Community Plan and
those growth management regulations adopted pursuant
thereto; and
b. The extension or expansion will serve only such growth
as has been endorsed by the City Council; and
c.
The extension or expansion will make a financial profit
for the city; and
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d. The extension or expansion will serve all other appli-
cable goals and policies of the city.
In delivering water services the city shall provide and
maintain the highest level of protection for the natural environ-
ment as reasonably possible as determined by the city within its
sole discretion, subject only to considerations of public health
and safety. Furthermore, the delivery of all wa"ter and water
services shall be subject to supply curtailment ordinances as
existing or subsequently enacted by the city.
POLICY GOALS
The policies set forth herein are designed and intended to
serve and further all of the following goals:
1.
customers
pal uses,
To provide a reasonable level of water services to
served by the City of Aspen for a full range of munici-
subject to curtailment policies in times of shortage.
2. To utilize and protect the City'S water rights in order
to maintain current and future water service levels while at the
same time promoting recreational and environmental interests such
as maintaining clean streams, water conservation, maintaining
minimum stream flows and aquatic habitat, and developing hydro-
electric power.
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rates.
To provide water and water services at reasonable
4 .
tion.
To provide and promote incentives for water conserva~
5, To utilize raw water rather than treated water for
irrigation purposes wherever possible.
6. To obtain a financial profit in the delivery of water
services.
7. To accommodate only such community and area growth and
land uses as are consistent with the planning goals and standards
as adopted by the city of Aspen and pitkin county and which do
not require new water treatment facilities or the expansion of
existing water treatment plant capacities.
IMPLEMENTATION
To achieve the goals as set forth above, the following
implementation steps shall be undertaken.
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1. To protect water quality, the city shall comply with
applicable federal and state water quality laws and regulations
and, where deemed necessary, enact and enforce local ordinances
to further protect water quality.
2. The City shall develop incentives to promote water
conservation and enact and uniformly enforce ordinances designed
to conserve water use.
3. The city shall create educational programs to promote
public awareness and understanding of water quality and conserva-
tion needs.
4. To the extent reasonably practicable given the city's
financial resources and policy goals, the City shall utilize its
existing water rights and/or obtain additional water rights
deemed critical to maintain minimum stream flows in the upper
Roaring Fork Valley and shall work in cooperation with appropri-
ate governmental agencies to establish, protect and maintain
minimum stream flows.
5. The city shall seek changes in its water rights as
necessary and appropriate to maximize the use of its water
holdings consistent with the water policies set forth herein.
6. The City shall develop and implement a water capital
asset management plan which, when integrated into established
area community growth plans and goals, will provide the city and
its customers with adequate and efficient transmission, storage,
treatment and distribution facilities and infrastructure to meet
current and anticipated future water service needs.
7. The City shall develop and enforce water system
infrastructure and operational standards utilizing the minimum
standards as adopted by the American Water Works Association as
guidelines.
8. The City shall pursue and develop environmentally-
sensitive hydroelectric power resources.
9. The city shall discourage the installation of
individual domestic wells or well systems in subdivision develop-
ment served or to be served with municipal water where such
systems will detract from the city's water pOlicies or goals,
threaten the City's water rights, or would be injurious to the
health, safety or welfare of the city, its residents or water
Users.
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10. The City shall identify current and fu"ture water users
to whom raw water can be supplied in place of treated water for
irrigation purposes in a cost-effective manner and shall restrict
the use of treated water for irrigation purposes.
11. The city shall require that all future extensions of
the municipal water system pay their own way and comply with all
minimum engineering standards as adopted by the city.
12. The city shall only extend new or expand existing water
services beyond the city limits if:
i. The extension or expansion will improve the water
delivery capacity of the system and not adversely
impact services to existing water system users.
ii. There is sufficient water and water treatment
capacity to provide the new or expanded service
without jeopardizing water reserves and the treat-
ment capacities necessary for the build out of
areas where service is already provided or where
service is contemplated in accordance with the
Aspen Area Community Plan.
iii. The extension or expansion will not result in an
operational financial deficit.
iv. The water services to be delivered will only ac-
commodate growth which is endorsed by the City of
Aspen and consistent with the Aspen Area Community
Plan.
v. The extension or expansion will not adversely
impact the environmental goals of maintaining
water quality and quantity, minimum stream flows,
the development of hydroelectric power, and over-
all water conservation.
vi. The extension or expansion will result in the
delivery of water services at reasonable rates.
vii. The extension or expansion will include adequate
facilities for treated water storage and fire
suppression.
viii. The extension or expansion shall incorporate the
utilization of raw water in place of treated water
for irrigation purposes whenever reasonably possi-
ble.
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ix. All extension or expansion requests shall be ac-
companied by a processing and review fee as estab-
lished by the city.
x. All extensions or expansions of service, or the
annexation or conversion of existing private water
services/systems, shall be accompanied by a dedi-
cation or transfer of water rights from the user
to the City comparable to the water services to be
delivered. Such water rights must be deemed ac-
ceptable by the city in its sole discretion. A
cash payment in lieu of the transfer of a water
right may be accepted by the City in its sole
discretion.
xi. No extension or expansion of service shall be
approved without the prior execution of a written
water service agreement incorporating a contractu-
al obligation on the part of the user to annex the
property benefitted by the water service to the
city of Aspen if such property is contiguous or
becomes contiguous to the City and the city deter-
mines such annexation is desirable.
DELEGATION
The city Manager may devise and enforce such rules and
regulations as she may deem necessary to further implement the
policies and goals as set forth in this water management plan and
policy statement so long as such additional rules and regulations
are not inconsistent with the goals and policies as set forth
herein.
RESOLVED, APPROVED AND ADOPTED this
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day of
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Aspen, Colorado.
, 1993, by the city Council for the city of
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John st Bennett, Mayor
I, Kathryn s. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
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RESOLUTION NO. 5
(Series of 1993)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
ENDORSING AND ADOPTING POLICIES TO GUIDE MUNICIPAL WATER SYSTEM
DEVELOPMENT AND SERVICES.
WHEREAS, after a careful and thorough review of the City's
historic and current water management pOlicies and practices, the
city council has determined that all future expansions of the
municipal water system and system capacity shall be examined and
approved pursuant to a comprehensive policy in coordination with
a land use planning process that addresses issues of water
quantity and availability, water quality, storage capacities,
treatment capacities, delivery infrastructure, appropriate
locations for growth, conservation, short term and long term
costs, and the preservation of the natural environment; and
WHEREAS, the city, in cooperation with Pitkin County, has
recently adopted the Aspen Area community Plan which, when imple-
mented with the water management policies contained herein; will
assist in providing guidance for the orderly development of the
City's water treatment and distribution system both inside and
outside the city's geographical and water service boundaries; and
WHEREAS, the city Council has determined that the existing
water delivery system and infrastructure should assume and
maintain a favored status when compared to proposed expansions of
the system for purposes of serving new areas or customers; and
WHEREAS, the City Council has further determined that
historically it has not been in the City's interest to take over
ownership or assume operational responsibility of substandard
water delivery systems and that the City should not continue to
do so in the future; and
WHEREAS, the City Council recognizes that the City's finan-
cial and water resources are not unlimited and that the City of
Aspen is not a public utility required to serve all persons or
uses; and
WHEREAS, the City Council hereby declares that the adoption
of the water management policies as set forth herein does not
assume and is not intended to represent a commitment, obligation
or ability on the part of the City of Aspen to provide water or
water delivery services to areas not currently served by the
existing system; and
WHEREAS, the implementation of the water policies as herein
adopted is expected and intended to result in the continued and
full utilization of all of the City's water rights; and
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WHEREAS, the City council has determined that the adoption
of the following comprehensive water management policies is
necessary to further and protect the public health, safety and
welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, that the following policies are hereby
adopted and shall hereafter guide the City of Aspen and all of
its departments in devising, approving and implementing plans
and/or projects for the delivery of water services utilizing the
city's water resources and municipal water system. It is the
intent of the City Council that the policies set forth herein
shall update and revise those pOlicies as previously adopted by
the city in the 1980 Water Management Plan and supersede such
older policies should conflicts arise between the two.
STATEMENTS OF POLICY
It is the policy of the City of Aspen in order of priority
to:
ONE, provide water users within the city of Aspen with an
adequate supply of water for all municipal purposes.
TWO, provide water users within the current areas of service
with an adequate supply of water for all municipal
purposes (see Addendum A for areas of current service).
THREE, extend water services outside the city limits and
current areas of service only when the extension will not jeopar-
dize the first and second priorities as set forth above, and meet
the following criteria:
a. The extension will be consistent with and further the
goals of the Aspen Area Community Plan and those growth
management regulations adopted pursuant thereto; and
b. The extension will serve only such growth as has been
endorsed by the city Council; and
c. The extension will make a financial profit for the
city; and
d. The extension will serve all other applicable goals and
policies of the City.
In delivering water services the city shall provide and
maintain the highest level of protection for the natural environ-
ment as reasonably possible as determined by the City within its
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sole discretion, subject only to considerations of public health
and safety. Furthermore, the delivery of all water and water
services shall be subject to supply curtailment ordinances as
existing or subsequently enacted by the city.
POLICY GOALS
The policies set forth herein are designed and intended to
serve and further all of the following goals:
1. To provide a reasonable level of water services to
customers within the City of Aspen and other areas of service for
a full range of municipal uses, subject to curtailment policies
in times of shortage.
2. To utilize and protect the city's water rights in order
to maintain current and future water service levels while at the
same time promoting recreational and environmental interests such
as maintaining clean streams, water conservation, maintaining
minimum stream flows and aquatic habitat, and developing hydro-
electric power.
3 .
rates.
To provide water and water services at reasonable
4 .
tion.
To provide and promote incentives for water conserva-
5. To utilize raw water rather than treated water for
irrigation purposes wherever possible.
6. To obtain a financial profit in the delivery of water
services.
7. To accommodate only such community and area growth and
land uses as are consistent with the planning goals and standards
as adopted by the city of Aspen and Pitkin County and which do
not require new water treatment facilities or the expansion of
existing water treatment plant capacities.
IMPLEMENTATION
To achieve the goals as set forth above, the following
implementation steps shall be undertaken.
To protect water quality, the city shall comply with
federal and state water quality laws and regulations
deemed necessary, enact and enforce local ordinances
protect water quality.
1.
applicable
and, where
to further
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2. The city shall develop incentives to promote water
conservation and enact and uniformly enforce ordinances designed
to conserve water use.
3. The City shall create educational programs to promote
public awareness and understanding of water quality and conserva-
tion needs.
4. To the extent reasonably practicable given the city's
financial resources and policy goals, the city shall utilize its
existing water rights and/or obtain additional water rights
deemed critical to maintain minimum stream flows in the upper
Roaring Fork Valley and shall work in cooperation with appropri-
ate governmental agencies to establish, protect and maintain
minimum stream flows.
5. The city shall seek changes in its water rights as
necessary and appropriate to maximize the use of its water
holdings consistent with the water policies set forth herein.
6. The City shall develop and implement a water capital
asset management plan which, when integrated into established
area community growth plans and goals, will provide the city and
water service areas with adequate and efficient transmission,
storage, treatment and distribution facilities and infrastructure
to meet current and anticipated future water service needs.
7. The city shall develop and enforce water system
infrastructure and operational standards utilizing the minimum
standards as adopted by the American Water Works Association as
guidelines.
8. The City shall pursue and develop environmentally-
sensitive hydroelectric power resources.
9. The City shall discourage the installation of
individual domestic wells or well systems in subdivision develop-
ment within the city and areas of water service where such
systems will detract from the city's water policies or goals,
threaten the city's water rights, or would be injurious to the
health, safety or welfare of the City, its residents or water
users.
10. The city shall identify current and future water users
to whom raw water can be supplied in place of treated water for
irrigation purposes in a cost-effective manner and shall restrict
the use of treated water for irrigation purposes.
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11. The city shall require that all future extensions of
the municipal, water system pay their own way and comply with all
minimum engineering standards as adopted by the City.
12. The city shall extend water services beyond the city
limits and/or areas of existing service only if:
i. The extension will improve the water delivery
capacity of the system and not adversely impact
services to existing water system users.
ii. There is sufficient water and wa.ter treatment
capacity to provide the new service without jeop-
ardizing water reserves and the .treatment capaci-
ties necessary for the build out of existing areas
of service.
iii. The extension will not result in an operational
financial deficit.
iv. The water services to be delivered will only ac-
commodate growth which is endorsed by the City of
Aspen and consistent with the Aspen Area Community
Plan.
,.,
v. The extension will not adversely impact the
environmental goals of maintaining water quality
and quantity, minimum stream flows, the develop-
ment of hydroelectric power, and overall water
conservation. .
vi. The extension will result in the delivery of water
serviCes at reasonable rates.
vii. The extension will include adequate facilities for
treated water storage and fire suppression.
viii. The extension shall incorporate 'the utilization of
raw water in place of treated wa'ter for irrigation
purposes whenever reasonably possible.
ix. All extension requests shall be accompanied by a
processing and review fee as established by the
City.
x. All extensions of service, or the annexation or
conversion of existing private water ser-
vices/systems, shall be accompanied by a dedica-
tion or transfer of water rights from the user to
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the city comparable to the water services to be
delivered. Such water rights must be deemed ac-
ceptable by the city in its sole discretion. A
cash payment in lieu of the transfer of a water
right may be accepted by the City in its sole
discretion.
xi. No extension of service shall be approved without
the prior execution of a written water service
agreement incorporating a contractual obligation
on the part of the user to annex the property
benefitted by the water service to the City of
Aspen if such property is contiguous or becomes
contiguous to the City and the City determines
such annexation is desirable.
DELEGATION
The city Manager may devise and enforce such rules and
regulations as she may deem necessary to further implement the
policies and goals as set forth in this water management plan and
policy statement so long as such additional rules and regulations
are not inconsistent with the goals and policies as set forth
herein.
RESOLVED, APPROVED AND
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Aspen, Colorado.
ADOPTED this
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g day of
, 1993, by the City Council for the City of
- j~/ Rr- PflJ-7CVk-
John S. Bennett,
Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the
Colorado, at a meeting held
Aspen,
, 1993.
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