HomeMy WebLinkAbout3 - Draft Minutes - Water Resources - March 15, 2010
CITY OF BOULDER, COLORADO
BOARDS AND COMMISSIONS MEETING SUMMARY FORM
Name of Board / Commission: Water Resources Advisory Board
Date of Meeting: March 15, 2010
Contact Information of Person Preparing Summa : Laurel Olsen-Horen, 303-441-3266
Board Members Present: Robin Byers, Kelly DiNatale, William DeOreo, Susan Iott, Chuck Howe
Board Members Absent: None
Staff Present: Ned Williams, Director of Public Works for Utilities
Carol Ellinghouse, Water Resources Coordinator
Bret Linenfelser, Water Quality & Environmental Services Coordinator
Joanna Crean, Public Works Administrator
Kim Hutton, Water Resources Specialist
Kathy Haddock, Senior Assistant City Attorney
Laurel Olsen-Horen - Board Secretary
WHAT TYPE OF MEETING BOLD ONE : REGULAR SPECIAL QUASI-JUDICIAL
Agenda Item 1 - Call to Order [7:04 p.m.]
The meeting was called to order at 7:04 p.m..
Agenda Item 2 - Approval of February 22, 2010 Meeting Minutes [7:07 p.m.]
February minutes approved with changes: Motion by: Howe, Seconded by: DiNatale
Motion approved 5:0
Agenda Item 3 - Public Participation and Comment. [7:09 p.m.]
Public Comment:
None
Agenda Item 4 - Matters from Board and Staff [7:10 p.m.]
Matters from Board:
o Would like more detail on the turbidity incident from January
o Snow pack surveys from Niwot Ridge and University Camp are low, (65 - 70% of average). Are
there any projections if March is dry? Ellinghouse passed around two examples of snow pack
surveys, one from 2003 and another from 2009.
Matters from Staff: [7:18 p.m.]
o Council is in the process of reviewing candidates for open seats of Boards and Commissions
(B&C): there were four applicants for the WRAB
o April 191' WRAB meeting, planning on Boulder Reservoir master plan, Bev Johnson unable to be
at WRAB on the 19t1', so another staff member could present the info. Bev will be presenting to
the Parks & Recreation Advisory Board on April 26`h
o Refinancing Stormwater/Flood revenue bonds in the next few months.
o Ultraviolet disinfection for the wastewater treatment plant, revenue bond process is moving
forward and anticipate closing on the bonds prior to Nov. election because there are some
referendum issues on the ballot that would impact the city's ability to issue bonds
0 2011 Priority Based Budget planning is in the start up process. The city is holding two city forums
to get community feedback.
o City council survey on B&Cs needs to be completed by the end of the month
o April 13`h renewable energy study session: hydroelectric and photovoltaic issues important for
Utilities
o Robin's last WRAB meeting with plaque presentation
Agenda Item 5 - Update on Colorado River Water Availability Study [7:25 p.m.]
Kim Hutton introduced topic to Board: Ben Harding from AMEC and also on the AECOM Consulting
Team presented a Power Point Presentation; Lee Rozaklis from AMEC
Executive Summary from Packet Materials:
Phase I of the Colorado River Water Availability Study (CRWAS) was begun by the Colorado Water
Conservation Board (CWCB) in 2008 and should be completed in 2010. The Phase I study assesses water
availability in the Colorado River basin under various climate change scenarios. The stud results of
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climate change modeling that have been released to date show:
• the largest temperature increases will occur at lower elevations;
• basin-wide precipitation will increase in winter and decrease in summer with a shift from snow to
rain in late spring and fall;
• crop irrigation requirements and the length of the growing season will increase; and
• there will be increased use of reservoirs.
Ben Harding, a member of the CRWAS project consultant team, will present the available study results to
WRAB.
WRAB discussion included:
Board thought the presentation was very thorough and well done. The study report is a draft, should be
available soon and will be available for analysis by the public for 90 days.
Agenda Item 6 - Silver Lake Ditch and Reservoir Company [8:20 p.m.]
Jim Snow and Catherine Loner Gates representing the SLD and Reservoir Company
Catherine Long-Gates handed out a page on City provisions.
Executive Summary from the Packet Materials:
(No Packet Materials given prior to meeting.)
In the approved Settlement Agreement, SLD offered the city a drought concession during a drought, but
only under certain conditions. The SLD and city staff are in agreement on how the drought conditions are
intended to be implemented. Also, SLD is fine with the current Drought Planning and Response Plan
because it doesn't specifically address the SLD settlement agreement.
WRAB discussion included:
The city is moving towards drafting a water waste ordinance that would make wasting water during an
imposed drought a civil penalty. That should be a different discussion. Board extended appreciation to SLD
for coming to the meeting.
Public Comment: None [8:37 p.m.]
[WRAB meeting break until 8:53 p.m.]
Agenda Item 7 - Final Recommendation on the Drought Planning and Response Plan [8:53 p.m.]
Joanna Crean presented item to Board: Bill DeOreo presented Attachment C to Board: Handout given to
the Board - Attachment D: Staff and DeOreo's revisions.
Executive Summary from the Packet Materials:
At the March 15, 2010 WRAB meeting, members are requested to make a final recommendation on the
revised, version 2.0 Drought Planning and Response Plan (Attachment A) or provide direction on a new
approach. Feedback from the Feb. 22, 2010 VNTRAB meeting was incorporated into the revised, version 2.0
Drought Planning and Response Plan. All of the changes that were included in the revised plan (version
2.0) are highlighted using the "track changes" tool as illustrated in Attachment B.
Subsequent to the Feb. 22 WRAB meeting, member DeOreo developed a different approach for completing
a Drought Planning and Response Plan and he will present this approach at the March 15 meeting. DeOreo
has developed the guiding principles as illustrated in Attachment C. DeOreo suggests that WRAB consider
and agree on these guiding principles (or revise the principles) before developing the detailed descriptions
explaining how the guiding principles would be implemented. For example, if the guiding principle was
"adjusting water budgets", then the supporting information would detail how the budgets would be adjusted
during a drought.
At the March 15 WRAB meeting, staff is requesting that WRAB 1) provide a final recommendation (either
as subnutted in Attachment A or with revisions) on the Drought Planning and Response Plan or 2) provide
a recommendation to support the direction and approach suggested by DeOreo.
WRAB Discussion Included: [9:05p.m.]
Attachment B is a good representation of WRAB's discussions from previous meetings, especially with
regards to the guiding principles. Board believes that the current document is a good one. Board would like
to see an ordinance regarding water waste that would make it a violation to exceed one's water budget
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during a time of severe drought per the city code. Board may wish to make a motion to accept the current
DP&RP with a caveat that Attachment D replaces what is currently in the guiding principles. Has the city
ever looked into water sharing with surrounding communities? Staff response: yes we have talked about it
but it is difficult to administer without any new state laws to allow that to happen. Also, there currently is
not any infrastructure that allow for the sharing of treated water.
Board would like to see on page 9 (like on page 5) a reference to the Boulder Revised Code that addresses
surcharges and fines. The term "penalty" needs to be clearly defined as to not trigger any issues with the
Silver Lake Ditch Company. City's response: surcharges are intended to be used as a financial disincentive
during times of drought all terms will be defined within the ordinance because it's complicated and not
advisable to have them in both the DP&RP and city code. Does the term "surcharge" need to be defined in
reference to drought at a later time? Board wants to ensure revenue neutrality during a time of drought in
regards to rate adjustments. Surcharges shouldn't be implemented in stage one, but rather in later stages.
Once implemented, (i.e. surcharges) they are hard to unravel. Maybe not, it could be a provision within the
ordinance to allow for pre-drought allowances on rates, fines, surcharges. Thus it wouldn't take additional
City Council action to undo any presented rate changes. The different stages of the drought and
corresponding rates should be specified before a drought. Maybe Council should approve a preset percent
rate increase so that Council need not have to make ordinance changes to rate surcharges to maintain
revenue.
Public Comment: [9:44 p.m.]
Henry Adamski: There still is no ratchet down regarding language of when a drought is over. Attachment
D; item 1 doesn't help. The terms that put the city into a drought should be the same to bring it out of a
drought. City should place a moratorium on new water permits during a drought. Nothing in the current
document benefits the public.
Howe's response: there is language regarding when the City drought stages will end. Number 1 in
Attachment D is meant to resolve the issue by stating that when the storage index goes back above 0.85,
then the city is officially out of a drought. However, due to the current drought index, surcharges could
potentially be charged for years at a time.
Motion: DeOreo moves to accept the Recommended DP&RP Version 2.0 with modifications, with a
stipulation that Attachment D be inserted as the new revised guiding principles with the following
changes: In item 4B (the last sentence) would state that "these are meant to discourage excess use
during droughts." In number 7, change the word "violation" to "exceedence". In number 8, last line
would state, "water use when necessary would minimize hardship of economic loss." In staff version
of DP&RP under "Planning for Droughts Before They Occur"; delete "specifically sections on water
waste". Iott Seconded.
Motion Passes: 4:1 (Byers dissented and stated that the plan is not ready)
Agenda Item 8 - Update on Water Court Cases [10:04 p.m.]
Ellinghouse presented item to Board; Ronni Sperling present to discuss item
Executive Summary from the Packet Materials:
The City participates in water court processes for City applications for water rights and as an objector in
cases for applications made by others that might cause injury to the City's water rights. The City was an
applicant in three cases for municipal water rights that came before the water court in 2009 and an objector
in 146 cases as detailed in Appendix A: Litigation Summary. The City's outside water legal counsel,
Veronica (Ronni) Sperling will attend the WRAB meeting to discuss the City's approach to water rights
legal issues.
WRAB Discussion Included: [10:20 p.m.]
Board would like to know if the City actively searches for other participants so as not to take on the entire
burden of the financial impact from opposing water rights applications. Staff response: Yes, whenever
possible. Board would like to know what other cities are doing regarding water cases. Suggested that
Longmont, Loveland and Fort Collins would be good cities to survey as they are major cities on tributaries
upstream on the South Platte River. City staff will contact other cities to see how many cases are currently
pending in those cities. Board would like an updated version of pending water court cases (document in
packet is dated April 2009), when available. Board expressed concern over high level of funding for
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opposing water rights applications when staff has expressed funding concerns over ability to provide detail
to Board on water system model.
Board Member Howe leaves at 10:45 .m.
Agenda Item 8 -Discussion on future schedule. [10:58 p.m.]
o April meeting; first for the new board member / board officer elections
o Update on the Design and Construction Standards
o Update on the Boulder Creek Flood Mapping Study
o Update on Critical Facilities Ordinance
o Update on the Boulder Reservoir Master Plan
DeOreo suggested an agenda item in the future regarding recycling/reuse of water
Agenda Item 9 -Adjournment. [11:08 p.m.]
Motion to adjourn: Motion moved by DiNatale, seconded by Iott
Vote: 4-0 Motion Passes
Meeting adjourned at: 11:08 p.m.
Date, Time, and Location of Next Meeting: The next WRAB meeting will be Monday, April 19, 2010 at
7 p.m., regular meeting, at the 13 1h Street Conference Room, located at 1720 13`i' Street, unless otherwise
decided b staff and the Board.
APPROVED BY: ATTESTED:
Board Chair Board Secretary
Date Date
An audio recording of the full meeting for which these minutes are a summary is available on the Water
Resources Advisory Board web page.
WRAB Summary
March 15. 2010
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