HomeMy WebLinkAbout1995-12-12 WSB AGENDAAGENDA
ENGLEWOOD WATER AND SEWER BOARD
DECEMBER 12, 1995
5:00 p.m.
****** COUNTY LINE BARBEQUE ******
CALL CATHY AT 762-2636 IMMEDIATELY
IF YOU HAVE NOT YET MADE YOUR RESERVATIONS
1. MINUTES OF THE NOVEMBER 14, 1995
WATER AND SEWER BOARD MEETING. (ATT. 1)
2. BI-CITY FARM LAND PURCHASE (ATT. 2)
3. LICENSE AGREEMENT -TCI CABLEVISION. (ATT. 3)
4. INFORMATIONAL ITEMS:
A. WATER INTELLIGENCE MONTHLY. (ATT 4)
B. SENATE BILL #96 -LIMITATION ON AUTHORITY
OF SPECIAL DISTRICTS. (ATT. 5)
5. OTHER.
A TT. I
WATER AND SEWER BOARD
MINUTES
NOVEMBER 14, 1995
The meeting was called to order at 5:02 p.m.
Chairman Fullerton declared a quorum present.
Members present:
Members absent:
Also present:
Habenicht, Fullerton, Burns,
Neumann, Otis, Resley,
Vobejda, Wiggins
Lay
Stewart Fonda, Director of
Utilities
Carl Houck, CDM
Dennis Stowe, Bi-City Manager
Councilman Al Vormittag
John Bock, Util. Dept.
Bill McCormick, Util. Dept.
1. MINUTES OF THE OCTOBER 10, 1995.
The Englewood Water and Sewer Board Minutes from the October
11, 1994 meeting were approved with corrections.
Mr. Otis moved;
Mr. Vobejda seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the October 10,
1995 meeting Minutes as
amended.
Habenicht, Fullerton, Burns,
Neumann, Otis, Relsey,
Vobjeda, Wiggins
None
Lay
2. REQUEST FROM SPRINT TELECOMMUNICATIONS VENTURE.
A request was made from Sprint Telecommunications Venture to
install equipment on the Sherman and Zuni water tanks. The
Board discussedthe issue and decided that they do not want
any additional equipment in the tank areas.
Mr. Otis moved;
Ms. Neumann seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To deny the request from
Sprint Telecommunications
Venture.
Habenicht, Fullerton, Burns,
Neumann, Otis, Relsey,
Vobjeda, Wiggins
None
Lay
3 • GUEST -CARL HOUCK -CAMP, DRESSER & McKEE.
Carl Houck of COM appeared before the Board to review the
proposed upgrades to the Allen Filter Plant and expected
benefits. Carl outlined the existing and proposed process
flows for water treatment and pertinent safety issues. The
proposed improvements are estimated to run $10,264,000. Stu
discussed the proposed water rate increase to fund the
upgrade program.
4. ORDINANCE AND POLICY CHANGES.
The Board received proposed ordinance changes regarding
water cooled equipment, job time and materials, late billing
fees, turn-off charges and stop box cleaning fees. The
Board also received proposed policy changes regarding
services lines, concrete, irrigation lines and stop box
repairs. These issues will be discussed with the Board at a
future meeting.
5. WATER AND SEWER BOARD CHRISTMAS DINNER.
The Water and Sewer Board Christmas dinner will be held on
Tuesday, December 12, 1995 at 5:00 p.m. at the County Line
Barbecue.
The meeting adjourned at 6:35 p.m.
The next Water and Sewer Board meeting will be December 12,
1995 at County Line Barbecue.
Respectfully submitted,
Cathy Burrage
Recording Secretary
LITTLETON/ENGLEWOOD WWTP
BIOSOLIDS LAND PURCHASE
December 12 , 1995
Staff presented a recommendation to acquire a 5,000 to 6,000 acre wheat farm
for the beneficial use of UE \/INllTP biosolids to the Englewood Water & Sewer
Board in early 1995. The estimated cost of acquiring the property was
$1,800,000. The Board approved the recommendation and City Council
authorized staff to proceed with locating and acquiring suitable property
. Staff identified two sites located in eastern Adams and Arapahoe Counties,
approximately 75 miles from the plant site . Both sites are dryland wheat farms
situated on the Pierre Shale, an impervious geological formation underlying the
ground surface . This formati<?n and the area 's lack of groundwater virtually
eliminate the possibility of groundwater contamination .
The selected site is comprised of portions of the Jolly and Monahan ranches in
eastern Adams and Arapahoe Counties. The site is near Jolly Road on Colorado
Highway # 36 and contains approximately 5760 acres in two parcels . (See the
attached maps .) Over 98% of the site is in wheat production and 85% of the site
has been permitted for biosolids application. The site is expected to meet plant
needs through 2015.
All necessary real estate matters (property disclosures , title review, etc .) have
been addressed and are satisfactory. Work performed at the site includes:
1. Geotechnical evaluation (acceptable)
2 . Phase I Environmental Audit (acceptable)
3. Soil testing (acceptable)
4 . Real Estate Appraisal
5. Verification of the site soil conservation plan
6 . State biosolids permitting
7. Adams County permitting (Arapahoe does not have permitting requirements)
The cost of the property is $1,804 ,000 , the appraised price. All earnest will be
credited to the purchase price if the property is acquired . The earnest is non-
refundable to the buyer except in the event of default by the seller. As a capital
expense , the $1 ,804 ,000 will be split 50/50 with the City of Littleton. Purchase of
a beneficial use wheat farm is a non budgeted item and funds are available in
the sewer fund.
Staff requests the Englewood Water & Sewer Board recommend approval of the
farmland purchase to the Englewood City Council.
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ATT. 3
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into as of the
1st day of August , l9_q~c:; ___ _
by and between the CITY OF ENGLEWOOD, a municipal
corporation of Colorado, hereinafter referred to as "City"
and
TCI Cablevision of Florida, Inc,
, hereinafter referred to as "Licensee," ---
WITNESSETH: The City without any warranty of its title
or interest whatsoever, hereby authorizes Licensee, its
successor, assigns, to install a
CATV lines under
the City's rights-of-way for the City Ditch, described as a
parcel of land situated in the Northwest 1/4 of
Section 35 , Township
Range 6 SW of the
P.M., county of Arapahoe, State of Colorado and lying within
the following described lines:
Littleton, Colorado
No r thsi d e of Mineral and City Ditch west of Santa Fe
The above-described parcel contains .1/4
~~~~~~~~~~-
acres, more or less.
1. Any construction conteJnplated or performed under this
License shall comply with and conform to standards
formulated by .the Director of Utilities of the city and such
construction shall be performed and completed according to
the plans, consisting of one sheet, a copy of which is
attached hereto and made a part hereof.
2. The Licensee shall notify the City's Director of
Utilities at least three (3) days prior to the time of
commencement of the construction of, or any repairs made to,
Licensee's
cables and conduits
so that the City may, in its discretion,
inspect such operations.
3. Within. thirty (30) days from the date of the
commencement of construction of said
·'
CATV cable lines the Licensee
shall complete such construction, place and maintain
permanent, visible markers, of a type and at such locations
as designated by the City's Director of Utilities, referring
to the centerline of the installation and shall clear the
crossing area of all construction debris and restore the
area to its previous condition as near as may be reasonable.
In the event the placing of the centerline markers and the
clearing and restoration of the crossing area is not
completed within the time specified, the City may complete
the work at the sole expense of the Licensee.
4. The City shall have the right to maintain, install,
repair, remove or relocate the City Ditch or any other of
its facililties or installations within the City's rights-
of-way, at any time and in such manner as the City deems
necessary or convenient. The City reserves the exclusive
right to control all easements and installations. In the
event the cable lines should interfere
with any future use of the City's rights-of-way by the City,
the Licensee shall, upon request and at its sole expense,
relocate, rearrange, or re.move its installations so as not
to interfere with any such use.
5. Any repair or replacement of any City installation made
necessary, in the opinion of the City's Director of
Utilities because of the construction of the
CATV lines
or other appurtenant installation thereof, shall be made at
the sole expense of the Licensee.
6. The stipulation and conditions of this License shall be
incorporated into contract specifications if the
construction herein authorized is to be done a contract
basis.
7. The rights and privileges granted in this License shall
be subject to prior agreements, licenses and/or grants,
recorded or unrecorded, and it shall be the Licensee's sole
responsibililty to determine the existence of said documents
or conflicting uses or installations.
a. The Licensee shall contact and fully cooperate with the
City's personnel and the construction shall be completed
without interference with any lawful, usual or ordinary flow
of water through the City Ditch. Licensee shall assume all
risks incident to the possible presence of such waters, or
of storm waters, or of surface waters in the City Ditch.
9. All trenches or holes withi1. the City's rights-of-way
shall be backfilled and tamped to the original ground line
in layers not to exceed six (6) inches loose measure to a
compaction of ninety per cent (90%) Standard Proctor Maximum
Density.
.~
lO. Licensee, by acceptance of this license, expressly
assumes full and strict liability for any and all damages of
every nature to person or property caused by water from the
ditch leaking through the ditch banks or pipeline at the
point or points where the Licensee performs any work in
connection with the crossing provided by this license. The
Licensee assumes all responsibility for maintenance of the
installation.
11. Licensee shall indemnify and save harmless the City, its
officers asnd employees, against any and all claims,
damages, actions or causes of action and expenses to which
it or they may be subjected by reason of said
CATV lines
being within and across and under the premises of the City
or by reason of any work done·or omission made by Licensee,
its agents or employees, in connection with the
construction, replacement, maintenance or repa·ir of said
installation.
12. It is expressly agreed that in case of Licensee's breach
of any of the within promises, the City may, at its option,
have specific performance thereof, or sue for damages
resulting from such breach.
13. Upon abandonment of any right or privilege herein
granted, the right of Licensee to that extent shall
terminate, but its obligation to indemnify and save harmless
the City, its officers and employees, shall not terminate in
any event.
In granting the above authorization, the City reserves the
right to make full use of the property involved as may be
necessary or convenient in the operation of the water works
plant and system under the control of the City.
IN WITNESS WHEREOF, this instrument has been executed
as of the day and year first above written.
ATTEST: CITY OF ENGLEWOOD,
City Clerk. Mayor
APPROVED AS TO FORM:
LICAGM6
managing agent
Inc., as
,~!!: TCI CENTRAL. INC.
ACTION BY WRITTEN CONSENT
DATED AS OF JANUARY 27, 1995
l e .r t' !:Jl<tn !! celen sion
. lfn f 1 1:nc rro H:
On behalf of the designated corporations set out below (these "Corporations"), Scott E.
Hiigel, Executive Vice President and Chief Operating Officer does hereby authorize
and empower Jerome J . Kashinski, Division Counsel for the Central Division to
execute contracts as Authorized Agent.
BEATRICE CABLE TV COMPANY
BELLEVUE CABLE TELEVISION OPERATORS, INC.
CABLEVISION V, INC.
CABLEVISION VI, INC.
CABLEVISION VII, INC.
COMMUNICATIONS SERVICES, INC.
HALCYON COMMUNICATIONS, INC.
HERITAGE CABLEVISION OF COLORADO, INC'.
HERITAGE CABLEVISION OF TENNESSEE, INC.
HERITAGE CABLEVISION OF TEXAS, INC.
MOUNTAIN STATES VIDEO, INC.
MOUNTAIN STATES GENERAL PARTNERS CO.
MOUNTAIN STATES VIDEO COMMUNICATIONS CO., INC.
PITTSBURG CABLE TV, INC.
SANTA FE CABLEVISION COMPANY
TCI CABLE MANAGEMENT CORPORATION
TCI CABLEVISION ASSOCIATES, INC.
TCI CABLEVISION OF COLORADO, INC .
TCI CABLEVISION OF DALLAS, INC.
TCI CABLEVISION OF FLORIDA, INC.
TCI CABLEVISION OF KIOWA, INC.
TCI CABLEVISION OF MINNESOTA, INC.
TCI CABLEVISION OF NEBRASKA, INC.
TCI CABLEVISION OF NEW MEXICO, INC.
TCI CABLEVISION OF OKLAHOMA, INC.
TCI CABLEVISION OF SOUTH DAKOTA, INC.
TCI CABLEVISION OF TEXAS, INC.
TCI CABLEVISION OF WYOMING, INC.
TCI CENTRAT, INC.
TCI COMMUNICA'fIONS, INC .
TCI OF COUNCIL BLUFFS INC.
TCI OF KANSAS, INC.
TCI OF NORTH DAKOTA, INC. .J7 00 So uth Syracuse Street
Sui te 11 00
J enver. C0l oraoo 802 37-2722
~03) 2 67-J 200
""'-"X 13::J3l 267-.l 299
.n =·_;:.a 1 r""'.noor~un 1 tv Ernotover
TCI OF NORTHERN NEW JERSEY, INC .
TCI OF WATERTOWN, INC.
TCI TKR OF HOUSTON, INC.
TCI TKR OF THE METROPLEX, INC .
TELEVISION CABLE SERVICE, INC .
TEMPO CABLE , INC .
TULSA CABLE TELEVISION, INC.
UACC MIDWEST, INC.
UNITED CABLE TELEVISION ACQUISITION CORPORATION
UNITED CABLE TELEVISION CORPORATION
UNITED CABLE TELEVISION OF COLORADO, INC .
UNITED CABLE TELEVISION OF JEFFCO , INC.
UNITED CABLE TELEVISION OF SARPY COUNTY, INC.
UNITED CABLE TELEVISION OF WESTERN COLORADO, INC .
VALLEY CABLE TV , INC.
WENTRONICS, INC.
WESTMARC CABLE HOLDING, INC.
Sincerely,
~~ v
Scott E. Hiigel
Executive Vice President and
Chief Operating Officer
cc: Ba rry Marshall
EXHIBIT A
A license granted to construct, operate, maintain, repair, and replace
an underground fiber optic cable across the City of Englewood's
easement for the City Ditch located in the Northwest Quarter of
Section 32, Township 5 South, Range 68 West of the Sixth Principal
Meridian, County of Arapahoe, State of Colorado, along the following
centerline:
Beginning at a point on the southeast line of the City of Englewood's
easement for the City Ditch which point the North 114 corner of said
Section 32 bears N 48 °34'30" Ea distance of 602.85 feet more or less;
thence N 69°39'25" Ea distance of 53.21 feet more or le ss to the point
of terminus on the northwest line of said City Ditch easement.
Bearings are based on the North line of the NW 114 of Section 32
being N 89°29'41" E.
Prepared by
':\&~5;f J 1 /2>?/95
David D. Steck
P.L.S. 14157
NW 1/4 SEC. 32, T. 5 S., R. 68 W, 6TH P. M.
--.ARAPAHOE COUNTY --
Ns~~c?2R ""-I
N XY 0 2Y'41" E ~I -··-··-··-··-"_"_, __ ,,_,,_,,_,,_,,_,,_, _____ , ___ , ____ ,,_,,_,,~----.. -··-
N ~W~~ n ~
NOTE: THIS DRAWING WAS PREPARED
FROM RECORD INFORMATION AS DOES
NOT REPRESENT A MONUMENTED
LAND SURVEY.
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PLAN
SCALE: 1 "=100'
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CITY DITCH
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BORE (2) 2"
CONDUITS
FOR TV CABLE
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PROFIJ,E
NO SCALE
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NOTE: BEARINGS ARE BASED ON
THE NORTH LINE OF THE NW 1/4
OF SECTION 32 BEING N 89°29'4 l" E .
4' Min.
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NOU 14 '95 9:4 9 FR OM MARTIN AND WOOD, INC. TO ENGLEWC A TT. 'f
WATER INTELLIGENCE MONTHLY
Water Strategist
Supplement
Edi.tors:
Rodney T. Smith
Roger J. Vaughan
Advisocy Editor:
Stephen J. Shupe
Publisher.
Lisa Hahn
Water Straiegist
P.O. Box963
Claremont, CA 91711
(909) 621-4793
November 1995
FEDERAL ACTIONS 2
Senate Panel Approves Safe Drinking Water Act 2
House Holds Hearings on Snake River Acquisition Plan 2
Interior Announces Formation of Western Water Policy Review Commission 3
Agricultural Appropriations Bill Prohibits Department
from Restricting Water Use 4
STATE ACTIONS 4
CO Junior Right holders Claim Golden's Use of Clear Creek
Water Rights Violates Implied Limitation in Transfer Decree 4
U .S. Agrees to Loan Mexico up to 81,071 af ofRio Grande Water 6
WATER QUALITY & THE ENVIRONMENT 7
Forest Service Withdraws Claims from Snake River Adjudication 7
INDIAN \VA TER RIGHTS 7
WY Supreme Court Upholds Seniority 9fTribal Rights 7
Tribes Release Draft Salmon Restoration Plan for Columbia River 8
Copyrighr 1995 Strotecon, Inc.
NOU 14 '95 9:49 FROM MARTIN AND WOOD, INC. TO ENGLEWOOD PAGE.003
November 1995 4
The Commission was appropriated $10 million to cover the costs of its reviews. Staff for com-
mission members met on November 3 to begin work on an action plan, due in 30~5 days. The statutory
deadline for the commission's first repon to the President (who would then report to Congress) has al-
ready lapsed . Congress is expected to extend that deadline to October 30, 1997.
Agricultural Appropriations Bill Prohibits Department
from Restricting Water Use
The Agricultural Appropriations bill, HR 1976, was signed into law on October 21. Under a
Senate amendment, the Department of Agriculture is prohibited from assisting the U.S . Forest Service in
taking or restricting the use of water by owners whose supplies cross National Forest lands. Specifically,
the law prohibits the use of Agriculture funds from being used for any action that "directly or indirectly
results in the loss of or restriction on the diversion and use of water from existing water supply facilities
located on National Forest lands by the owners of such facilities, or results in a material increase in the
cost of such yield to the owners of the water supply." The amendment was sponsored by Senator Hank
Brown (R-CO).
State Actions
CO: Junior RighthoJders Claim Golden's Use of
Clear Creek Water Rights Violates Implied Limitation in Transfer Decree
On September 29, eight junior rightholdcrs to the City of Golden's Clear Creek water rights filed
a complaint in Water Coun Division No . 1, chaJlenging Golden's diversions under 1961 and 1964 trans-
fer decrees concerning Golden's "Priority No . 12" rights. The plaintiffs request a court order limiting
Golden's future diversions to an average annual diversion and consumptive use of 428 acre feet and 278
acre feet. respec1ively. with maximum annual diversions and consumptive use of 535 acre feet and 348
acre feet, respectively. While the plaintiffs believe that Golden has never measured its diversions under
Priority No . 12, they estimate that Golden's 1994 diversions and consumptive use were about twice the
amount the plaintiffs allege is allowed under the earlier transfer decrees. The case may be significant for
water right holders throughout Colorado, because its may result in a review of the "Orr doctrine" whose
disposition may significantly affect the amount of water available under pre-1969 transfer decrees.
The dispute involves Golden's acquisition of 4 .66 cfs of Clear Creek water rights Priority No. 12.
Before Golden's acquisition, the water rights were used for irrigation. The plaintiffs allege that Golden
asserts that it is entitled to divert water continuously at the rate of 4 .66 cfs from Clear Creek from May 1
through October 31 of each year under 1961 and 1964 transfer decrees without regard to the quantity of
water consumed . (Because of Priority No. 12's 1861 appropriation date , it is in priority almost every day
during this period under all hydrologic conditions.) In contrast. the plaintiffs argue, Golden's continuous
diversions violate an implied limitation under the transfer decrees that its total use not exceed the histori-
cal use in irrigation .
WATER lNTELLIGEN CE MONTHLY Published by Strat~on, Inc. P.O. :Box 963, Claremont, CA 91711 (909) 621-4793
NOU 14 '95 9:50 FROM MARTIN AND WOOD, INC. TO ENGLEWOOD PAGE.004
N overnber 199 5
The dispute involves
the implications of differ-
ences between irrigation and
municipal users in their pat-
tern of water demands.
Consider a hypothetical ex-
ample in which an irrigation
user has a flow right to 10
cfs during the irrigation sea-
son. Because an irrigator
does not diven water daily,
the historic record of use (the
shaded portion of the figure)
normally fluctuates signifi-
cantly below the decreed
flow right. As more available
water became appropriated
on the stream, junior appro-
priators became increasingly
Historic Irrigation Use under Flow Rights Decree
8
6
4
0
Diversion Se~son
5
reliant on this de facJO historic under-utilization of the flow right. Now consider a transfer of the flow
right to a municipal user. Since municipal demands do not fluctuate as much as irrigation demands, the
municipal user would divert more, if not all of the water available under the flow right. Without a re-
striction on total allowed diversions, the transfer of the flow right would, in effecc, eliminate the historical
under-utilization of the flow right relied upon by junior rightholders (the unshaded portion of the figure).
The case may provide a forum to review the "'Orr doctrine" concerning the application of the his-
toric use doctrine for quantifying the amount of allowed use after a change in use of water rights. In ics
1988 decision in Orr v. Arapahoe Water and Saniration Disrrict (753 P .2d 1217), the Colorado Supreme
Court held that a change in use is limited in quantity by the historical use at che original decreed point of
diversion . It found that this limitation is part of the "several limitations ... read into every decree by
implication., in order to prorect junior rightholders. The limitation is necessary, the court argued, to as-
sure that proposed changes in water rights do not injure the vested rights of other users.
The issue of whether transfer decrees completed before the Water Right Determination and Ad-
ministration Act of 1969 contain an implied historic use limit will greatly affect water rights throughout
the State of Colorado . A recent study by Martin and Wood Water Consultants, Inc. examined 919 of the
1,053 pre-1969 transfer decrees filed in the Colorado State Engineer's Office . The study concluded that
n_Qne of the decrees incorporated a volumetric limit on the water rights transferred . Of the 919 decrees, a
total of 810 contain no express seasonal or flow rate limit, 814 no flow rate limits, and 906 no express
seasonal limits. In contrast, modern "post-I 969" decrees contain detailed limits on flow rates, as well as
the total amount and timing of use . The study found that, for the few transfer decrees studied in more
detail, it is common for water use to have expanded significantly after the transfer of a flow right from
irrigation to municipal use
WATER lNTELLIGENCE MONTHLY Published by Stratccon, Inc. P.O. Bu 963, OmJDD.t. CA 91711 (909) GZJ-4793
NOlJ 14 '85 9:51 FROM MARTIN AND WOOD, IN C . TO ENGLEWOOD PAGE.005
November 1995 6
The eight junior right holders filing the complaint are Fanners Reseivoir and Irrigation Company,
the Church Ditch Company, Farmers High Line Canal and Reseivoir Company, the Consolidated Mutual
Water Company, and the cities of Westminster, Thornton, Northglenn, and Arvada.
TX: U.S. Agrees to Loan Mexico up to 81,071 af of Rio Grande Water
On October 4, U.S. and Mexican officials of the International Boundary and Water Commission
for the United States and Mexico signed an unprecedented agreement to loan drought-stricken Mexican
communities Rio Grande water available to Texan rightholders. Under the agreement, the U.S. will loan
Mexico up to 81,071 af for domestic and municipal uses over the next 18 months if the following condi-
tions prevail:
• the combined storage of waters belonging to Mexico in the international Amistad and Falcon reser-
voirs declines to 121,606 acre feet
• inflows of waters belonging to Mexico are less than 353 cfs due to continuous releases of Mexican
waters of 353 cfs from Amistad Dam and corresponding releases of247 cfs at Falcon Dam
• combined storage of the United States ar these dams is not less than 600,000 af
Mexico would pay back the waters divened and utilized under the Joan when the amount of water
on Mexico's behalf in Amistad and Falcon, respectively, exceeds 162,142 af and 40,536 af and the in-
flows into Amistad Reservoir of waters belonging to Mexico exceed 353 cfs . The loan agreement does
not represent a waiver of the rights establ ished for the United States under the 1944 treaty with Mexico,
which calls for Texas and Mexico to share equally the amount of water available from the Rio Grande. In
exchange, Mexico has agreed to joint conservation plans and reinforcement of activities concerning the
administration of the l 944 treaty.
The loan addresses the severe water shortages suffered by Mexico during recent drought condi-
tions, especially in the states of Chihuahua, Coahuila, and Tamaulipas where reduced inflows j:?elow his-
toric minimums have threatened the water supply for domestic uses in Mexican communities. By May,
Mexico had used up all but 3% of its reserves in Amistad and Falcon dams. Mexican officials had dis-
continued the use of water for crop irrigation . In response, President Ernesto Zedillo declared five states
in northern Mexico a disaster area and allocated about $120 million in aid to farmers.
The agreement is the first major action of the Valley Water Policy and Management Council,.a re-
cently-established local council of I I members representing municipal and industrial water suppliers, irri-
gation water suppliers, and agricultural water users who divert water directly from the Rio Grande. The
establishment of such local councils is pan of the strategy by the state 's Drought Response Task Force,
established last May, to address · drought and other water management problems in Texas through decen-
tralized action . Assisted by the Texas Water Development Board and the Texas Natural Resource Con-
seivation Commission , the council's mission is to: . .
generally plan, coordinate and assist in the implementation of emergency water con-
servation measures and drought management plans, take appropriate actions with
respect to protection of water rights , and engage in any and all other related activi-
ties directed toward the efficient and best util ization of available water supply from
the Rio Grande .
WATER JNTELLIGEN CE MONTBL Y Published by SlTatecon, Inc. r.o. :sox 963, aaremoJll, CA 9l711 (909) Gll-4793
** TOTAL PAGE.005 **
LE.GIS_LEGRL~SERVICES TEL No.303-866-2186 Dec 5.95 A TT.
State of Colorado s
Comm!nee Oft
legal Senllo••
p;,.otor
Douglas G. Brown
Deputy Director
Robocca C. lennahan
Senator Ooltle Whom, Chainnan.
Represantatlve Jeanne M. Adkin&,
Vico-Chalrman
Repr0&entativ11 Diana DeGette
Representative William G. Kaufman
RepreeentatJvo Marthe Kreutz
Representative Carol Snvder
Senator Stan Mateunake
Senator Edward l'l:lr1muttor
Senator Dave Wattenk>e'll
ionator Jeffrey M. Wells
COLORADO GENERAL ASSEMBLY
OFFICE OF LEGISLATIVE LEGAL HRVICH
091 State Capltol 8ulldlng
Denver. Colorado 80203-179'
Tolephono (303) 869-2046
Aeeletaftt DINctor
Alice Boler Aclcarm1n
Senior Attorney -
Rulo Review
Deborah f'. Haakina
Senior Attomey -
Biii Drafting
Bart W. Miller
&anlor Attomey -
Spaolel Projaet•
Sharon l. euti1nkl'
Santor Steff Attomeyw
Dan L. Cartin
Dueno H, Gall
Ravleor of 6tatutee
Chor1oe W. Pike
~Attorney•
Jaremloh B. 811nv
Charles Brackney
Jone L Brown
Michele D . Brown
Margaret N. Coote
Pamela Cybvske
Oorothy M. Dodick
Gregg W. FrHor
Jennifer G. Qllroy
Mutt T. Hamby
More Jeffereon
John Tovtor
Jane Yuui Faoslmilo (303) 866--4167
Pal RosDlo•·Kroll
Julie A . Polo11rin
Marie C. Van Nu.:
i! Publleatlone Coordinator
' Cheryl L. Branson
FAX MACHINE COVER SHEET
December 5, 1995
To: Stewart Fonda
Fax Number: 789-1125
From: Gregg W. Fraser
Number of pages, including this page: 3
COMMENTS:
Senator Blickensdcrfer asked that I sent you a draft of a proposed bit.I limiting the
condemnation powers of certain special districts. Please feel free to contact me if you
have any questions, comm·ents, or suggestions.
The information contained in or aUAched to this FAX message is intended only for the CONFIDENTTAl. \lie
of the individual(s) named above. If you are not the named recipient or an agenl rcapo118ible for delivering it
to the named recipient, you are hereby notified that you have received lhi11 document i..u errol' Md lhlll review,
di11emin1&1iun, or copying of this comm\lllication is prohibited. If you have received thir; communication in
error, please notify us immediately by telephone and rctum the original documcnls to us by mail. Thank you.
I .;
LEGIS-LEGAL_SERVICES TEL No.303-866-2186 Dec 5.95 10:21 No.001 P.02
LLS NO. 96-0320. 01 GWF SENATE BILL 96-
BY SENATOR Blickensderfer
A BILL FOR AN ACT
101 CONCERNING A LIMITATION ON THE AUTHORITY OF SPECIAL DISTRICTS
102 TO CONDEMN THE PROPERTY OF OTHER GOVERNMENTAL ENTITIES.
8111 SU1J111ary
"Limit Special District Condemnations"
(Note: This summary applies to this b177 as jntroduced
and does not necessarily reflect any amendments which may be
subsequent7y adopted.)
Prohibits sanitation districts, water districts, and
sanitation and water districts from condemning property owned
or used by other governmental entities for the diversion,
carriage, storage, treatment, or distribution of water.
1 Be it enacted by the General Assembly of the State of Co7orado:
2 SECTIO~ 1. 32-1-1006 (1) (f), Colorado Revised Statutes,
3 as amended, is amended to read:
4 32-1-1006. San1tat1on, water and sanitation, or water
5 districts -additional powers -special provisions. (1) In
6 addition to the powers specified in section 32-1-1001, the board
7 of any sanitation, water and sanitation, or water district has
8 the following powers for and on behalf of such district:
9 (f) To have and exercise the power of eminent domain and
10 dominant eminent domain and, in the manner . provided by article
11 l of title 38, C.R.$., to take any property necessary to the
12 exercise of the powers granted, both with 1 n and without the
13 special district, except for the acquisition of water rights AND
DRAFT
12/4/95
LEGIS_LEGRL_SERVICES TEL No.303-866-2186 Dec 5.95 10:21 No.001 P.03
1 EXCEPT FOR THE ACQUISITION OF PROPERTY OWNED OR USED BY OTHER
2 GOVERNMENTAL ENTITIES FOR THE DIVERSION, CARRIAGE, STORAGE,
3 TREATMENT, OR DISTRIBUTION OF WATER. FOR PURPOSES OF THIS
4 PARAGRAPH (f), THE TERM "OWNED OR USED" INCLUDES OWNERSHIP OR
5 USE BY VIRTUE OF OWNERSHIP OF SHARES IN A MUTUAL DITCH AND
6 RESERVOIR COMPANY.
7 SECTION 2. Safety clause. The general assembly hereby
8 ·finds, determines, and declares that this act is necessary for
9 the invnediate preservation of the public peace, health, and
10 safety.
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