HomeMy WebLinkAboutresolution.council.012-79CITY COUNCIL, ASPEN, COLORADO
RESOLUTION ~/~
WHEREAS, the health and welfare of the citizenry of the
City of Aspen are inextricably affected by and enmeshed with the
use and allocation of the water resources of the Roaring Fork
Basin; and
WHEREAS, the health and welfare of the citizenry of the
City of Aspen are inextricably affected by and enmeshed with the
use of public and private lands in the Roaring Fork River Basin;
and
WHEREAS, the Basalt Water Conservancy District has been
formed for the purpose of investigating, planning, and
implementing water resources development projects for the
benefit of the citizenry of said District and has been
designated as the repayment entity for the Basalt Project; and
the Basalt Water Conservancy District has proposed
WHEREAS,
certain plans for the sale, lease, and disposition of water
allocated and adjudicated to the Basalt Project, said plans
encompassing features and programs which will have a significant
and lasting impact upon the land and water
Roaring Fork River Basin; and
WHEREAS, the Basalt Water Conservancy
an active solicitation of contracts
industrial users for the sale and lease
from Ruedi Reservoir, a component
resources of the
Fryingpan-Arkansas Projects, which would
negate recreational, aesthetic, and fish
Ruedi Reservoir and promote rapid development
Fork River Basin; and
District is pursuing
with municipal and
of an amount of water
of the Basalt and
substantially impair or
and wildlife values of
WHEREAS, the City of Aspen is a cultural, recreational, and
vocational center of the Roaring Fork River Basin, deriving its
of the Roaring
principle social and economic bases from the scenic and
recreational environment; and
WHEREAS, the augmentation of development within the Roaring
Fork River Basin will increase the demand for municipal services
and degrade the scenic and recreational foundations of the City
of Aspen; and
WHEREAS, it is the determination of the Council that the
following Goals and Policies set forth herein best protect and
enhance the health and welfare of the citizenry of the City of
Aspen:
1. To preserve, protect, and promote conditons which
enhance the physical and legal integrity of the water
resources available for use by the citizenry of the City of
Aspen;
2. To maintain adequate quality and quantity of water
resources in the City of Aspen and its surrounding environs
to support and promote agricultural and recreational
interests;
3. To develop, maintain, and insure minimum water
levels within the natural streams, lakes, and constructed
reservoirs within the City of Aspen and its surrounding
environs; and
4. To provide for the orderly growth of lands within
and surrounding the City of Aspen to assure adequate
municipal services to the citizenry of the City of Aspen
and its visitors and a maintenance of a recreational and
scenic environment for all to benefit from.
WHEREAS, the Council determines that the following General
Statements exemplify, elucidate, and are opined from the
aforementioned Goals and Policies and express the Council's
judgment and consideration:
1. The Council supports the use of the water resources
in the Roaring Fork River Basin in a manner which optimizes
goals of all residents of the Western Slope and acknowledge
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that such optimization does not necessarily mandate the
traditional maximum use and consumption of those resources;
2. The Council supports the prioritizing of waters
committed to
Mountain and Ruedi
agricultural uses,
industrial use;
Western Slope use and stored in the Green
Reservoirs, first to recreational and
and only then to municipal and
3. The Council
implementation of any
which would tend to
opposes the construction and
water development plan or project,
promote, stimulate or aggravate
municipal or industrial growth in the Roaring Fork River
Basin;
4. The Council supports the preservation and
enhancement of the natural resources of the Roaring Fork
River Basin, specifically fish, wildlife, and aesthetic
resources, including flora,
watercourses.
5. The Council supports
fauna, geology, waters, and
and advocates the rational,
orderly development of the Roaring Fork River Basin, the
region, and the nation, and supports and advocates
consideration of alternative resource development plans
designed to achieve the aforementioned goals; and
WHEREAS, the Council determines and adjudges that the
following proposed features and plans of the Basalt Project are
in contravention to the interests and goals of the citizenry of
the City of Aspen, as set forth in the before-stated Goals and
Policies and General Statements, and are therefore unacceptable
to the Council:
1. Any Bureau of Reclamation project, Basalt Water
Conservancy District program, plan, or project, or Colorado
River Water Conservation District program, plan, or project
that would construct, sell, lease, or otherwise provide a
water delivery system for domestic, municipal, or
industrial uses in the Roaring Fork River Basin;
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2. Irrigation subsidies for small "residential farms"
not producing food or fiber for marketing; and
WHEREAS, the Council has determined and adjudged that the
following proposes features of the Basalt project are not
inconsistent with the interests of the citizenry of the City of
Aspen, as set forth in the aforementioned Goals and Policies and
General Statements, and are therefore acceptable to the Council:
1. Preservation and enhancement of agricultural and
non-consumptive water rights in the Roaring Fork River
Basin, including the development of legal constraints
designed to prevent the change in use of such water rights
from said uses to municipal and industrial uses;
2. Maintenance of a minimum quantity of storage water
within Ruedi Reservoir to preserve and enhance
recreational, aesthetic, and fish and wildlife values;
3. Reduction of flood hazards and discouraging
development in a natural flood plain;
4. Supporting minimum stream flows and storage levels
by the purchase and acquisition of key senior water rights;
and
WHEREAS, the Council is unable to support said project
unconditionally, without abrogating its responsibilities to
promote the best interests of the citizenry of the City of
Aspen; and
WHEREAS, the Council wishes to assure all interested
parties of the Council's desire to endorse water resource
development beneficial
which will not be detrimental
Slope.
NOW, THEREFORE, BE IT RESOLVED
Aspen, Colorado, that:
to any citizens of
to all citizens of the Western Slope, but
the Western
by the City Council of
1. The Council shall countenance, endorse, and utilize
its resources in the furtherance of the plans, proposals,
and programs of the Basalt Water Conservancy District and
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the Colorado River Water Conservation District
the water resources of the Roaring Fork River Basin for
benefit of all residents of the Western Slope, insofar
those plans, proposals, and programs are in accord with
to develop
the
as
the
aforementioned
expressions
features;
2. The Council
and programs of
herewith;
Goals and Policies, General Statements, and
of unacceptable and acceptable project
shall not oppose the plans,
said districts which are
PROVIDED, that said Basalt Water
proposals,
consistent
Conservancy
District and Colorado River Water Conservation District
immediately execute actions and successfully obtain, in the
courts of proper jurisdiction and in accordance with C.R.S.
1973, Secs. 37-45-143, 37-46-131, 37-92-301, 37-92-203,
13-51-101, and C.R.C.P. 57, a judicial declaration that:
A. The conditional
districts, inconsistent
herein, are abandoned;
B. The authorized
Conservancy District
water rights held by
with anything expressed
purposes of the Basalt Water
include development of
supplies for the
agricultural and recreational water
lands and citizens within the District boundaries,
furnishing municipal and industrial water supplies for
use within existing boundaries of cities and towns now
existing and located within
preservation
reservoir, and
in the various
Fork River
development
urban storm
agricultural
be changed
said District,
and enhancement of residual lake,
stream flows within said District and
waters and watercourses of the Roaring
Basin not within said District, and
of land treatment of sewage effluent and
runoff, but no other purposes; and that
water allocated by the District may not
from that use;
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C. The construction or advancement of any
municipal or industrial water distribution system by
the Basalt Water Conservancy District tending to
promote, stimulate, or aggravate municipal or
industrial growth in the Roaring Fork River Basin is
contrary to the interests of the citizens of the City
ATTE ST:
~ City C~rk
of Aspen and is neither necessary nor convenient to the
exercise of power of said District and therefore may
not be pursued by said District pursuant to C.R.S.
1973, Sec. 37-45-118.
Approved and adopted by the Council in regular session by a
vote of ~ to ~ on this ~ day of May, 1979.
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