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HomeMy WebLinkAboutminutes.council.19781004 o~u±a~ ~v~L~ng Aspen ~l~y ~ouncll uctoDer 4, 19/~ Commissioner Child called the meeting to order at 2:45 p2m. with Councilmembers Johnston, Isaac, Parry and Van Ness present, and Commissioners Edwards and Kinsley present. Also present were County Attorney Stuller, City Attorney Stock and John Musick and Lee Leaven- worth. John Musick presented a draft joint resolution and agreement for settlement of all matters regarding the FryingPan Arkansas project. Musick explained that the resolution authorizes the Mayor and Chairman of the Board of Commissioners to sign the agreement if and when it is signed by the other parties. The resolution also directs~the Chairman and the Mayor to communicate the acceptance of the agreement in support of any necessary reauthorizing FryingPan legislation to the Colorado Congressional Delegation which is consistent with the attached Arkansas Water agreement. The two other documents include Conference Committee report language and a Project redraft of the piece of legislation submitted by the Water Conservation Board for the purposes of reauthorization. The material submitted by the Water Conservation Board has been modified by Pitkin County and is consistent with discussions with the Congressional Delegation Staff on some points. It is an embodiment of the terms and conditions of the agreement. Musick explained that because it is so late in the session, there will not be a committee meeting or hearings on the legislation. If it is submitted as a new piece of legislation, it will go directly to the floor; he suspected it would be attached to an existing piece of legislation that has passed the House and is in the Senate. Consequentlyi, it will have to go to conference committee because the Senate and House versions differ. It is common to have Conference Committee report language which indicates the intent of the Conference Committee in asking to keep a piece of legislation out. The report language is not law, but it is a direction to the administrators as to the method of administration of the law and the intent of Congress in passing it. The Conference Committee report language says that this legislation is to be interpreted and administered consistent with the agree-~ ment attached. Musick wants the agreement to become part of the Congressional record. Musick noted that paragraph 2 of the agreement is the most substantial change in the agree-i ment. This paragraph was drafted as a result of the meeting held with the Water Conserva- tion Board, the Bureau of Reclamation, and representatives of the Southeastern District and the Division of Natural Resources. It states that 21 cfs at the confluence of the Roaring Fork and Hunter Creek is a project obligation, except that, so long as there is 51 cfs at the stream gauging station presently in existence which is immediately above the Red Mountain Ditch. The balance of the agreement contains changes made for editorial reasons or non-substantive procedural reasons; this is a very strong statement by this areas of its desires and interests. Musick noted that the stream gauging stations are located precisely and become the officia!i record keepers of the water supply for a stream, and are found in an annual water supply ~ paper published by the Bureau of Reclamation. Immediately below the stream guaging statio~~ are a total of 45 cfs of water rights senior to the project; 23.9 cfs belong to the Red Mountain Ditch 15 cfs belong to the CitY of Aspen Hunter Creek Flume pipeline and the ' balance are smaller miscellaneous water rights. Maps of all the ditches in the area have been prepared, and the amount of water that those rights can take senior to the project have been established. Musick was confident that the senior priorities have been estab- lished as accurately as possible. In summary, paragraph 2 states that there will always be 21 cfs at the confluence except during those times when there is 51 cfs at the stream gauging station. There will always be 45 cfs for senior calls, which means that 6 cfs would have to be a project obligation unless the State did something to alleviate that. Musick said they asked the State that this be a burden upon the Water Conservation Board, the State of Colorado or the project and not a burden upon the residents of this valley. There are a total of some 50 cfs of senior water rights upstream of the gauging station available for acquisition by the State of Colorado to insure that the 6 cfs~will always be at the stream gauging station. Musick stated that the 15 cfs of the McFari~ane ditch owned by the Forest Service would be available to the Water Conservation B0~!rd~ for acquisi~i tion either directly or through a land trade. An oral agreement has been reached between Tom Evans, Forest Service Supervisor, and Mr. Sparks that the water exchange can be worked ~ out among parties. The question is, having 6 cfs, how to make the bulk of the 21 cfs ~ necessary at the confluence. By this agreement, we had previously dedicated for use by the Water Conservation Board, 15 cfs of the City~ of Aspen's Hunter Creek Flume pipeline; ~ that water right may be used for this purpose when and if a transfer is undertaken, where all, parties to the agreement agree to the transfer, if the City of Aspen may use that waterl at any time without consent by any other party for its own individual City municipal ~ needs. There are additional water rights that the City has acquired and other water rights~ which are available which can be exercised; Musick recommended that the City acquired the 1 cfs of the Red Mountain and the Houston Ditch water right. The water rights available for acquisition total more than the 21 cfs at the confluence. The agreement provides that the Water Conservation Board shall acquire all water rights sufficient and necessary to make 21 cfs at the confluence or 51 cfs at the stream gauging station, of which 21 cfs will! pass all senior rights. The agreement also insures a guarantee that the water rights of the Red Mountain Ditch will not be challenged. Kinsley asked how the agreement guarantees that. Musick replied it does so by guaranteeing 51 cfs at the stream gauging station. Councilman Isaac asked if there are any circumstances where the City would have to bypass the Red Mountain tank to meet the 21 cfs requirements. Musick said there would be such circumstances during August. Councilman Isaac asked if it would be possible that the City would be bypassing their tank and the project would still be diverting. Musick said there is aperiod of time when the project could still be diverting and the City would be bypassinlg, but the project would be bypassing water to meet the City's demand. The SalMation Ditch ~ and the Red Mountain Ditch water rights would cause that situation. Councilman Isaac asked if the City is sneior to the diversion at the Red Mountain tank. Musick said the City is ii senior at the Red Mountain intake to all but four water rights, and is senior ~o the pro- ject. Kinsley asked how the City and County would assure that 21 cfs are at the confluence!. Musick said the agreement speaks to the transfer of the water at minimum flows in conjunc- tion with the Water Conservation board, which the City or County are not permitted to do themselves, and the filing on the water by the Water Conservation Board for minimum flows which establishes a priority on the streat for a quantity of 30 cfs in total which runs at 2482 Special Meeting Aspen City Council October 4, 1978 any point in the stream from the confluence with the Roaring For to the headwaters. Kinsley asked if that assumes accurate reporting on the ditches below the gauging station.! Musick said that is correct; that is why it is necessary to maintain surveillance and supervision of the activities untaken by the users. That is best done by the water utili- ties; Musick recommends that the City and County request an installation of a stream gauge at the confluence of the Roaring Fork with Hunter Creek, which can be read by the same set of recorders, and that the cost be shared. Kinsley asked how the City and County assure that the 3,000 acre feet exchange is going down the Foraring Fork. Musick said that is very difficult to do administratively; the only way is to look at the records after the fact. He noted the project will be operated by the Bureau of Reclamation. Kinsley asked if this reduces the obligation for bypass on the part of Twin Lakes. Musick said it does not. Lee Leavenworth said the City and County will not be releasing water under the exchange when they have to bypass. Musick said they have also requested that the WAter Conservation Board file on that water as transbasin water to maintain the water at the headgate at the Salvation Ditch and downstream to the confluence of the Roaring Fork and Frying Pan rivers. Child asked about the 45 cfs active existing senior water rights and if there are any other active water rights that could be called on. Musick said there are water rights upstream of the gauge that have not been used to the full extent of their entitlement in recent years; there are none downstream. Wright Water engineers conducted investigations of the irrigated acreage there. Kinsley asked about th~ points of disagreement with the Congressional Delegation staff. Musick was unsure that there would be specific points of disagreement; he is just unsure of the total agreement. Musick feels this agreement has protected all Of the City and County's options to continue to fight for what they believe is right in any event. Musick said Mr. Sparks was responsi7 ble for drafting the language in paragraph 2; Musick believes Sparks will support the agreement. ~. Kinsley publically acknowledged Govern Lamm, Jim Johnson and Harris Sherman for their assistance in coming to this agreement. Muskc noted he reviewed this agreement with Mayor:i Standley, and he favored proceeding ahead with the agreement. Commissioner Kinsley moved to approve the joint resolution; seconded by Councilman Parry. Councilwoman Johnston asked Edwards if this agreement answered all his concerns; Edwards answered it does, adding that paragraph 2 guarantees a project obligation to provide water to the confluence of the Roaring Fork and Hunter Creek. This will make the guaran- tee in all but the most extraordinary circumstances. The only event in which that would not occur would be if more senior diversions than have ever historically been taken out of the stream were taken, at which time they would be challenged for abandonment. The Bureau calculated that this agreement could impact the project up to the extent of anotheri 2000 acre feet. Councilman Isaac asked if, by signing this agreement, the City and County!i would have to come out on the Side of the project, if the Carter administration vetoes this bill. Musick said they would not. Musick stressed the importance of maintaining good records of the amount of water in the streams in this end of the valley in order to know how much water can be supplied to existing and expected growth in the future. All in favor of the motion. Motion carried. Commissioner Kinsley acknowledged Joe Edward~ for being the one who was most responsible for reaching this agreement. Councilwoman Johnston moved to adjourn at 3:30 p.m.; seconded by Councilman Parry. All in favor, motion carried. Kathryn~. Koch,' City Clerk