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HomeMy WebLinkAbout2007 Resolution No. 039• RESOLUTION NO . .Jj_ SERIES OF 2007 • • A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO 'S PARTICIPATION IN THE "SOUTH PLATTE WATER RELATED ACTIVITIES PROGRAM , INC ." (SPWRAP) FOR 2006 -2007. WHEREAS, in I 9?7 the governors of the states of Colorado, Nebraska 1111d Wyoming signed an agreement with the Department of Interior to improve the habitat of endmgered species along the Plane River and tributaries; which agrecmeat promised participation by the users of the Plane River in each stale and the Federal governm'ent; and WHEREAS, OJe aspect of this agreement is a program called "South Plane Water Related Activities Program, Joe ." (SPWRAP), a nonprofit which was set up for the purpose of coordinating efforts to benefit the endangered species along the Plalle River; WHEREAS , in exchang e for participation in this program, water proj,.cts by the water users will require relatively little effort for further compliance and will have some predictability in relation to the requirements of the "Endangered Species Act" compliance ; and WHEREAS, each water user's portion is determined hy the amount of water used in the past five years as that effects the "Endangered Species Act"; acid WHEREAS, the State 's participation in the program comes with an annual assessment for water users which is adjusted annually depending on the amount of water used by the previous five years; and WHEREAS , the estimated assessment forthe first year would be $29,189.52; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Englewood's annual assessment in the (SPWRAP) at its February 13, 2007 meeting; NOW, THEREFORE, BE IT RESOLVED BY lllE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council of Englewood, Colorado hereby approves and authorizes payment of the 2006 -2007 annual assessment of $29,189.52 for the "South Platte River Water Related Activities Program, Inc.". ADOPTED AND APPROVED this 5th of March, 2007 . ~ ~ . -,~ ~ • • • I, Loucriahia A. Ellis, City Clerk for ~ City of Enalew above is a true copy of Resolution No .+ Series of200 . • • • COUNCIL COMMUNICATION ~_1_a_rc_h_s_,_2_0_0_7_~ ___ 1_1_c_i --~-.--P-la_tt_e_Ri_v_er_P_r_o_g_ra_m_-_E_n_da_n_g_e_re_d_Sp_e_c_ie_s_A_ct--1 ~~ Agenda Item lated By Staff Source Utilit ies Department Stewart H. Fonda, Dire ctor of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Th e Water an d Sewer Board, at their February 13 , 20'l 7 meeting, recommended Council approve a Resolution authorizing Englewood's partici pation in :! a Platte River Program. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The South Pl atte Water Related Acti vities Pr ogram (SPWRAP) is an agreemen t with the Departm ent of the Interior to improve the habitat of the fo ll owing endangered species -the interior least tern, whooping crane, pallid sturgeon, and the threatened piping plover. Th e South Platte Water Related Ac tivities Program (SPWRA P) wo uld improve the habitat by providing more wate r in the cri tical area along the Platte River in Nebraska. Engle woo d, along wi th other water us ers along th e Platte River, would be the principals in the SPWRAP agreement. This agreement should provide com plian ce wi th the Endangered Species Act to participating entiti es . The Departmen t of th e Interior is funding half of the program, and through th e Corps of Engineers, issues 404 Permits for users along the Platte River. These permits are mandatory for construction, repairs or projects in or along the Platte River . FINANCIAL IMPACT Englewood's portion of the a,sessment for the program fo r 2007 is $29 ,189 .52 , with an annu al assessment fo r 13 ye ars . Future assessme nt amo unts will be comp uted on treated water use and number of participants with the SPWRAP Program . The amo unt of $29, 189.52 is based on the assumpti on that all users along the Platte wi ll participate. LIST OF ATTACHMENTS Platte River Program Resolution r rogram rea • • • ~:,'( .• :·t{-, '._ .. 1. --:. ., . -~ ;;-:~: ~;·;~~;·t 1-~ •• ! _..: :· ·, : ~- "':,--.-.... :a.!'"--'.:...-· -.... _ ·,•• .. <• .· ~-,:SIJ)ilO_p Res. -~~;.:-Sin clalr, .. _;:-~:.·_·\~-~._:-. -~-~~~t'.::t.~::;hgat, .. : } .·• Not:to;Sef~le ~-'. ··. . -·.(-_'.:~~=t ~-~; : -<: :~) . .:_·}t· --Platte R~er Basin w·yoming · Ne braska I I I I g Critical Habitat r--------· Colorado I I Kansas I I • The South Platte Water Related Activities Program Since the late 1970's, conflicts between water use and endangered species protection have :iffected federal permittin g of existing and planned irrigation, municipal and industrial water supply projects in the Platte River basin . These are 404 permits issued by the Army Corps of Engineers whenever work is done in the South Platte River or any of its tributaries . In 1997, the Governors of the States of Colorado, Nebraska and Wyoming signed an agreement with the Department of the Interior to improve and/or study the hnbi!at of four endangered species in the centra: "'l atte River in Nebraska ( endangered interior least tern , whooping crane and pallid stu rgeon and the threatened piping plover (target species)). Some Colorado water users have incorporated into the South Platte Water Related Activities Program, Inc . (SPWRAP), a Colorado nonprofit • corporation, to represent users and partner with the State to ensure compliance with • Program obligations . SPWRAP will serve as the vehicle by which Colorado South Platte water users participate in the Program, and the exclu siv e me ans by which they will obtain the regulatory benefits of the Program. The Program wa s finalized in October, 2006. This program will allow water projects to be initi ate d with relatively little effort required for Endangered Species Act (ESA) compliance. The program is a basin-wide effort undertaken by the 3 States and the Depa1tment of the interior to provide benefits for the endangered interior lesser tern , whooping crane, and pallid sturgeon and the threatened piping plover (the target species). The habitat for these species is in Nebraska near Grand Island. Through the program the states and the federal government will provide land, water and systematic monitoring and research . ihe program is de si gned to be incremental, with the first increment lasting at least 13 years . During this time the obj,~tives are to : 1. retime and improve flc '5 in the central Platte River by an average of 130,000 to 150,000 acre-feet per year at Grand Island; 2. protect, restore and maintain 10 ,000 acres of habitat ; 3. Implement the integrated monitoring and research plan through the • Adaptive Management Plan . • The monetary cost of the first Increment of the program is $187 million (2005). The States plan to contribute water and land In addition to the monetary contributions. The total burden of money, land and water will be shared equally by the 3 States (50%) and the Un ited States (50%). Basically, Colorado would provide money, Wyom ing would provide water and Nebraska would provide land with the United States providing matching contributions. • • This program is voluntary to water users along the South Platte River. The downside is that if a federal 404 permit (for any activities in the river or its tributaries) is needed by a water user, that user will be charged past dues to the program or the perm it will not be issued . The good news is that by participating in the program, the entity is assured compliance with the Endangered Spec ies Act. Otherwise compliance in the future may cost much more than the program costs . The Program provides substantial benefits to water users in the form of regulatory predictability under the ESA . The water users ' port ion is detennined by the amount of water used in the past five years . Englewood 's contribution will be approximately $29,000 for this year . Since the ESA went into effect, it was common knowledge that those diverting water (especially in the Platte River bas in) would be affected in some way . There were many options discussed as to how water users would comply and some were very detrimental to the diversion of water. The Program will allow compliance without curtailing diversions by Englewood. • Assessments will change each year depending on the amount of water produced for the prev ious 5 years . • The Program would like assessments for the first year pa id by April 1, 2007 . • Assessments may change depending on how many entities join . A. Instructions South Platte Water Related Activities Program, Inc . Municipal (Class M) Membership 2007 Reporting Form & Assessment Invoice Please fil l in th is form in cluding membershi p information , ••aler use data , and the as sessment as calcul ated . Send payment for your SPWRAP annual assess ment to th e address lis ted al the bo i!om of this form . City of Englewood Municipal Member Entity Mailing Address 1000 Englewood Parkway Englewood, Colorado 80110-2373 email Address sfonda@englewoodgov .org Phone Number Submitted by Title B. Treated Water Use (previo us 5-year average (2002-2006) 303 -762-2636 Stewart H. Fonda Director of Utilities Dale No le: A member s waler use for purposes of defin ing the number of single-family equivalen t laps for SPWRAP is defined as ·an y trea ted water deU ver ie s from sources of water owned by the me mber • (A) (B) (C) {D)=A + B + C Treated Water Year Production at Additions 2 Subtractions ' Total Treated Member's Plant 1 Water Use (acre-feel) (acre -feel) (acre-feet) (acre-feet) 2002 9,072 9,072 2003 8,184 8,184 2004 7,344 7,344 2005 7,921 7,921 200 6 8,020 8,020 5-Year Average Adjus ted Water Use • 8,108.20 1 The amount of treated waler produced at your entity's water treatment facility (if any). ' Add any trealed water lhet Is owned by your entity but treated by another entity . ' Subtract any water treated at your facli ty but not owned by your entity. • Equals the sum divided by the number of yaars reported. • • • Pau ~ 2 or 2 • • C. Calculation of Sir.git Family Equivalents, Membe11hlp Units and Annual Aaae11ment 1. Previous 5-year average (2001-2005) Treated Water Use (acre-feet) 8,108 .20 2. Use per S. F. Account (acre-feeVSFE) t 0.5 3. Single Family Equivalents (No . 1 / No . 2) 16,2 16 .40 4. SPWRAP Member Units per SFE t 6 5. Total SPWRAP Membership Units (No . 3 X No . 4) 97 ,2 98 .40 6. 2006/2007 SPWRAP Asse ssmenVUnit t 0.30 7. 2006/2007S PWRAP Annual Assessment (No . 5 X No . 6) $29,189.52 t Numbers 1, 4, ~ 6 above are fixed for al members In 1007 D. Payment of Assessment Payment or the annual assessment will provide membership in SPWRAP and co verage under the Platte River Re covery Implementation Program through !he calend ar year 2007 . f'lease make checks payable lo "SPWRAr'" and send lo the foll owi ng address : SPWRAP % Northern Colorado Water Conservancy District 220 Water Avenue Berthoud, Colorado 80~13 Nole : TT!is reporling fonn may be revised in /lie future to reflect infonnation needed to comply with Program requiremen ts. Entffies elec/lng lo join a"er 2007 will be required to pay /he asse ssment for the ye ar they Join /he program. In addition the new member must pay assessments for all prior years of /he Program, plus 4% interest, oompounded annual/) .