HomeMy WebLinkAboutresolution.council.083-18 Resolution # 083
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AUTHORIZING THE CITY'S ATTORNEYS TO EXECUTE
STIPULATIONS WITH OPPOSERS TO THE DILIGENCE CASES FOR
CONDITIONAL WATER STORAGE RIGHTS ON CASTLE AND MAROON
CREEKS ON BEHALF OF THE CITY OF ASPEN, COLORADO. .
Whereas, the City holds conditional water rights for the Maroon Creek
Reservoir and the Castle Creek Reservoir, both of which were decreed in 1971,
with 1965 appropriation dates; and
Whereas, the purpose of conditional decrees like these conditional storage
rights is to allow the City to proceed to perfect the water rights with the
decreed priority dates, thereby allowing planning and development to proceed
in an orderly progression with the assurance of decreed water rights prior to
substantially investing in costly projects; and
Whereas, the City has maintained these conditional water rights at the
intervals required by law; and
Whereas, the City has utilized an integrated water supply development
approach both before and since the 1980 Water Management Plan, and these
reservoirs have been included as part of the planning and development of the
City's integrated water supply system; and
Whereas, the City, as a municipal water provider, must plan responsibly for
the future water needs of its customers; and must develop a legal, reliable water
supply to meet those demands; and
Whereas, Colorado law and the diligence decrees heretofore entered for these
conditional storage.rights confirm that the City's work on other features of its
integrated water supply system demonstrates diligence in the development of
these conditional water rights; and
Whereas, the City has determined that it is responsible and prudent to continue
to develop needed water rights and supplies, as part of its integrated water
supply system; and
I
Whereas, most recently the City filed due diligence applications for these
conditional water rights with the Colorado Water Court on October 31, 2016,
in Water Court Case Nos. 16CW3128 and 16CW3129; and
Whereas, ten parties entered statements of opposition to the City's applications
for due diligence on the rights; and
Whereas, at Council direction, staff and its attorney have diligently negotiated
with opposers to seek settlement in these cases; and
Whereas, Wilderness Workshop, Western Resource Advocates, Asp Properties
LLC, Double R Creek LLC, and Pitkin County opposers who have diligently
participated in negotiations and provided input for the successful development
of solutions that meet the needs.of each party, have agreed to stipulations in
settlement of their respective concerns regarding these cases; and
Whereas, staff and its attorney have diligently negotiated with the remaining
opposers to seek settlement in regarding their opposition and staff and its
attorney believe that stipulations substantially similar to the attached
stipulations will be entered with the remaining opposers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby directs staff to:
Authorize the City's attorneys to execute the stipulations with Wilderness
Workshop, Western Resources Advocates, Asp Properties LLC, Double R
Creek Ranch LLC and Pitkin County, in the forms attached hereto and to execute
the stipulations with the remaining opposers in forms substantially the same as
those attached hereto, subject to final approval of the City Manager, City Attorney
and the City's water counsel.
INTRODUCED, READ AND ADOPTED by the City Co cil of the City of
Aspen on the 29th day of May, 2018.
Steven Sk dron, Mayor
I, Linda Manning, 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 City of Aspen, Colorado, at a meeting held, May 29, 2018.
inda Manning, City Cler