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HomeMy WebLinkAboutminutes.council.19850819Continued Meeting Aspen City Council August 19, 1985 Mayor Stifling called the meeting to order at 3:52 p.m. with Councilmembers Fallin, Isaac, Walls, and Collins. ORDINANCE ~48, SERIES OF 1985 - Ground Water Rights Councilwoman Walls moved to read Ordinance ~48, Series of 1985, seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #48 Series of 1985 AN ORDINANCE ENTITLED "WATER RIGHTS CONTROL AND DEDICATION"; REPEALING SECTION 23-55; ENACTING NEW SECTION 23-55.1 PROVIDING FOR THE INCORPORATION OF CERTAIN GROUNDWATER INTO THE MUNICIPAL SERVICE PLAN; ENACTING NEW SECTION 23-55.1 PROVIDING FOR THE REGULA- TION OF INDEPENDENT WATER SUPPLIES; ENACTING NEW SECTION 23-55.3 PROVIDING FOR RAW WATER USE AND CARRIAGE; ENACTING 23-55.4 PROVIDING FOR CONSTRUCTION WATER USE; AND ENACTING A NEW DIVISION 7 PROVIDING FOR WATER RIGHTS DEDICATION was read by the deputy city clerk Councilwoman Walls moved to adopt Ordinance #48, Series of 1985, on first reading; seconded by Councilwoman Fallin. Mayor Stifling said he does not understand why this has not been adopted by previous Councils. John Musick, city's water attorney, told Council in 1976 he made 3 specific recommenda- tions; take over the water supplies from surface ditches within the city; take over the water supplies from wells, and take over the water supplies in deep aquifers within the city service area. The Council, at various times, asked Musick to present ordinances to carry this out, and when they got the ordinances, decided not to pass them. The principle reasons was at one or more times people who owned shallow wells within the Gity, people with surface water supplies objected to the flexibility taken away from them. Musick told Council as part of the water management plan, it is the policy of the city to gradually over time take charge of the water supplies of the city. The issue surfaced when Council was going to adopt the ordinance, and Pitkin Green residents, who are on wells, objected to the confiscation of the wells by the city and also to forcing people to connect to the city's water system. Musick said this issue was brought to the attention by the enactment of Senate Bill 5, which is designed to protect the water supplies of deep aquifer formation in the Denver basin. Musick said no one has undertaken a geologic study to determine if sands exist here. 1 Continued Meeting Aspen City Council August 19, 1985 Roll call vote; Councilmembers Isaac, yes; Collins, yes; Walls, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. Councilman Collins asked why there would be opposition to this if it is only addressing deep aquifers, and how the city could take people's wells. Musick said as a policy of the city, there is a dedication requirement to dedicate sufficient water rights to cover the supplies the city would be providing if people wish to connect to the municipal water system. Musick said there is nothing confiscatory about this practice. Musick said if someone comes into the city of Aspen and has a drink of water, there is a presumption they are receiving municipally treated water. If someone gets sick, the city is the logical person to be sued. The city's protection is to require untreated systems to be treated, or requiring them to be posted asnon-potable, or turning the systems over to the city, not allowing inter-connects and allowing them only to be used for irrigation. Musick suggested the Council could deal with the deep aquifers only and deal with the dedication separately. Councilwoman Fallin said there are private wells in areas surrounding Aspen, and would the city negotiate with each property owner. Musick said in a mass annexation, the people would dedicate their water supply to the city. It would leased back to the property owners. Jon Busch said in this proposal, if his area were annexed, would he loose his ground water rights. Musick said he would be asked to convey the water rights to the city. Everyone that has been annexed has conveyed their water to the city; the city then leases it back for modest payment and several conditions. If the emergency needs of the city required, the city would use the water. Other than that, the operational practice would remain the same. The city would test the water to make sure it was all right. Councilman Collins asked what happens if the water doesn't test out. Musick said it would either be posted or be shut down. City Manager Hal Schilling asked upon adoption of this ordinance if the city assumes any responsibility for existing wells. Musick said the city would be in a proprietary role and has to take positive steps. Presently, the city has no choice or control over private wells. Musick said the city is not trying to shut down all the wells. Mayor Stirling moved to adjourn at 4:16 p.m.; seconded by Councilwoman Fallin. All in favor, motion carried. Ka~~h, City Clerk 2