HomeMy WebLinkAbout2003-03-11 WSB AGENDA..
WATER& SEWER BOARD
AGENDA
T ues d ay, M arch 11 , 2003
C OMMUNITY DE VEL OPMENT
C ON FE RE NCE ROOM
1. MINUTES OF THE FEBRUARY 11 , 2003 MEETING. (ATT. 1)
2 . SOUTHGATE SUPPLEMENT #155 . (ATT . 2)
OWNER : GREENWOOD VILLAGE CONGREGATION OF JEHOVAH'S
WITNESSES
3 . FIRE HYDRANT PERMIT POLICY MEMO DATED 2-25-03. (ATT. 3)
4. CITY DITCH LICENSE AGREEMENTS FOR BRIDGE CROSSING -ENSOR,
GREEN VALLEY & WILDACRE. (ATT. 4).
5 . CONSTRU CTION OF WELLS LA-5 AND A-Ml. (ATT 5)
6. BIG DRY CREEK IMPROVEMENTS AT THE ALLEN PLANT. (ATT. 6)
7 . UTILITIES AGREEMENT FOR TRAFFIC IMPROVEMENTS AT
BELLEVIEW & CLARKSON. (ATT . 7)
8 . GUEST : GAYLE OGD EN -4170 S. CHEROKEE ST . (ATT. 8)
9. OTHER.
WATER AND SEWER BOARD
MINUTES
March 11, 2003
The meeting was called to order at 5:04 p.m.
Members present:
Members absent:
Also present:
Wolosyn, Moore, Higday, Cassidy, Otis,
Kasson , Bradshaw, Habenicht
Clark
Stewart Fonda, Director of Utilities
1. MINUTES OF THE JANUARY 14, 2003 MEETING.
The Englewood Water and Sewer Board approved the minutes from the January 14 , 2003
meeting .
Mr. Otis moved :
Mr. Wolosyn seconded :
Ayes :
Nays:
Members absent:
Motion carried .
Gray Clark entered at 5:10 p.m.
To approve the Minutes from the January
14 , 2003 Englewood Water and Sewer
Board Meeting .
Wolosyn, Moore , Higday, Cassidy, Otis ,
Kasson, Bradshaw , Habenicht
None
Clark
2. FIRE HYDRANT PERMITS.
GUEST: KEVIN JENNINGS
Mr. Kevin Jennings of 3724 S. Cherokee appeared to request a fire hydrant permit. There
is currently a moratorium on hydrant permits due to the growing number of applicants
who want to use Englewood 's hydrants on an ongoing basis. Mr. Jennings is starting a
deep root watering business in Englewood.
The Board discussed establishing water fill stations to provide for a bulk purchase of
water. It was noted that Arvada, Kittridge and Castle Rock have established fill stations.
Mr. Veryser noted that he has delayed issuing seven permits until the Board decided on
the policy. Mr. Veryser discussed Denver's existing policy and charges for hydrant
permits.
The Board directed that the contractors on Mr. Veryser' s list, including Kevin Jennings ,
be allowed to purchase hydrant permits at the existing rate, but the charge per 1,000
gallons for all users will now be $3 .50 per 1,000 gallons. The Board also directed that
Englewood establish the same charges as Denver. Therefore, as of February 18, 2003 the
permit fee will be a $250 nonrefundable permit for customers using less than a 1,500
gallon tank wagon and a $1 ,000.00 nonrefundable permit for over 1,500 gallons. The rate
for this water will be $3.50 per 1,000 gallons .
3. DENVER WATER DEPARTMENT ADVERTISING CAMPAIGN -
DROUGHT AND WATERING RESTRICTIONS.
The Utilities Department received a request from the Denver Water Department to share
in an upcoming advertising campaign to raise public awareness about the existing
drought, water conservation measures and watering restrictions. Denver has requested
$1.00 per household, which would be $10,800. John Bock and Pauletta Puncerelli,
Englewood's Public Information Officer will represent Englewood in this campaign.
Stu noted that so far, Englewood's watering policy has been to follow Denver 's watering
calendar on a voluntary basis. It is anticipated that this will be two day per week
watering. The Board also concurred that the City Hall fountain should not be run this
summer. Stu discussed two new wells that are going to be drilled at the Englewood Golf
Course and at McLellan Reservoir.
Mr. Clark recommended;
Mr. Cassidy seconded: Recommending the City Manager sign the
agreement with Denver Water Department
for the drought and water conservation
advertising campaign in the amount of
$10,800 .00.
Ayes:
Nays:
Members absent:
Motion carried.
Wolosyn, Moore, Higday, Cassidy, Otis,
Kasson, Bradshaw, Habenicht, Clark
None
None
4. CITY DITCH LICENSE AGREEMENT WITH RTD -SANTA FE DR.
The Regional Transportation District (RTD) submitted two License Agreements for two
locations where fencing improvements span the City Ditch. The fences will be
constructed in conjunction with the Southwest Corridor highway improvements along the
City Ditch on Santa Fe from County Line Road to Prince Street in Littleton. Santa Fe is
being widened to allow construction of separating medians and additional lanes to
improve traffic safety.
The License Agreements will allow fences to be constructed in Englewood's City Ditch
right-of-way. The fences will be 8' chain link fences, which prohibit pedestrian access
into the railroad right-of-way. Some portions of the existing railroad right-of-way and
some portions of the City Ditch right-of-way overlap. Englewood's City Attorney and the
Utilities Engineer have reviewed and approved the two City Ditch License Agreements.
Ms . Bradshaw moved;
Mr. Cassidy:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval of two
City Ditch license agreements with RTD for
fencing along the Southwest Corridor along
Santa Fe.
Wolosyn, Moore, Higday, Cassidy, Otis,
Kasson, Bradshaw, Habenicht, Clark
None
None
5. CITY DITCH -COLORADO PRESERVATION, INC.
Stewart Fonda, Bill McCormick and Gary Sears received invitations to a lunch
announcing the City Ditch being placed on the Colorado 's Most Endangered Places List
for 2003 . Funds may be available for City Ditch improvements and Mayor Bradshaw
noted that it could be a venue for residents to save the City Ditch.
Stu noted there will be a "Save the City Ditch" meeting held by Englewood citizens on
March 13, 2002 at 5:00 in the Library Conference Room.
6 . DENVER/CENTENNIAL STORAGE IN McLELLAN RESERVOIR.
Stu outlined the temporary agreement with Denver Water Board and Centennial Water &
Sanitation District to store water in McLellan Reservoir. Englewood will deliver
Denver 's water from Chatfield Reservoir, through the City Ditch , to the pump station that
conveys water from the City Ditch to McLellan Reservoir. Denver will provide
Englewood with either 5 cfs in the river or 2cfs in City Ditch until April 1 to help
alleviate Englewood's raw water qua lity problems .
The agreement can be terminated within 45 days by written notification from one of the
parties. Denver must evacuate all water stored by July 31 , 2003 , but all parties will
continue to explore other options for using and/or evacuating Denver 's water in McLellan
Reservoir.
The Board agreed with the temporary operating agreement and recommended that it be
sent to City Council as an informational item.
7. WATER USAGE AND PRECIPITATION COMPARISON.
The Board received a chart from Bill McCormick, Operations Superintendent, comparing
water pumped and annual precipitation from 1998 through 2002 . The chart shows that
voluntary conservation last year by Englewood citizens resulted in lower demands on the
water system.
8. MISC. WATER BOARD CONCERNS AND COMMENTS.
Grey Clark recommended that reuse water be used in various ways, for example watering
parks , when possible.
Gary Kasson discussed standardization of water laws and rates . Stu noted that districts
were established and set up to manage themselves. These contracts were written years
ago and most are still in effect.
Olga Wolosyn added that DRCOG is addressing unifying water policies.
Mayor Bradshaw recommended penalizing residents who are caught wasting water. The
Board concurred.
The meeting adjourned at 5.: 58 p.m.
The next Water and Sewer Board meeting will be Tuesday, march 11 , 2003 in the
Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
1 .,
Date
March 17, 2002
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
Southgate Supplement #155
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
The Water and Sewer Board, at their March 11, 2003 meeting, recommended Council
approval of a Bill for an Ordinance approving Southgate Supplement #155.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage treatment to a population of about 70,000 people
outside the City through contracts with numerous connector districts . The area is defined by
the natural drainage and extends south and east from Broadway to the Valley Highway and
from Hampden to Lincoln Ave. excluding Highlands ~anch. By contract the City of Englewood
must approve any additions of land to be served by the districts. These are usually in-fill
situations that are within what the City considers to be the area it has committed to serve.
Adequate capacity has been provided in the treatment plant to accommodate all such future
inclusions. Annexation of this parcel of land will not increase the tap allocation of the
Southgate Sanitation District.
A request was made by the Southgate Sanitation District representing the owner, Greenwood
Village Congregation of Jehovah 's Witnesses , for inclusion into the Southgate Sanitation
District. Supplement #155 is for the south Yi of Tract 123, Clark Colony Number 3 for an area
that is 2.43 acres. The lot is presently and will continue to be used for a church . The legal is
attached as Exhibit A. The property is located north of Orchard, west of Monaco and east of
Colorado Blvd. in Greenwood Village . The address is 6767 E. Orchard Rd .
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for Ordinance
Southgate Sanitation District Supplement #155
SUPPLEMENT NO. I ss· TO CONNECTOR'S AGREEMENT
THIS AGREEMENT , made and entered into by and between the CITY OF
ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk , hereinafter
called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas
Counties, Colorado, hereinafter called the "District,"
WITNESSETH:
WHEREAS, on the 20th day of June , 1961 , the City and the District entered
into an Agreement in which the City agreed to treat sewage originating from the District's
sanitary sewer system within the area served by the District , which Agreement was most
recently renewed by Connector's Agreement dated November 16, 1988 ; and
WHEREAS, said Connector's Agreement provides that the district may not
enlarge its service area without the written consent of the City ;
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings herein set forth , the parties agree as follows:
1. The City hereby consents to the inclusion of certain additional area
located in Arapahoe County , Colorado , owned by Greenwood Village Congregation of
Jehovah 's Witnesses and more fully described on Exhibit A attached hereto and
incorporated herein by reference , into Southgate Sanitation District. The City agrees that
said additional area may be served with the sewer facilities of the District , and that the City
will treat the sewage discharged into the C ity's trunk line from said additional area , all in
accordance with the Connector's Agreement dated November 16 , 1988 . Accordingly ,
Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated November 16 ,
1988 , is hereby amended to include such additional area .
2 . Each and every other provision of the said Connector's Agreement
dated November 16 , 1988, shall remain unchanged .
IN WITNESS WHEREOF, the parties have set their hands and seals this
__ day of , 200_
ATIEST:
CITY CLERK
(SEAL)
ATIEST:
Oz!,i,=:v ) .)~lfa~)
SECRETARY
(SEAL)
CITY OF ENGLEWOOD
By:----------
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
COLORADO
/) "'-? Ll , ;;---t 1
By :/,wlt ~ ,,7 ]JZu"tz £
PRESIDENT
EXHIBIT A
The South 1/2 of Tract 123, Clark Colony No.
3, in Section 17 , Township 5 South , Range 67
West, County of Arapahoe, State of Colorado
TO:
FROM:
DATE:
MEMORANDUM
Stu Fonda, Director of Utilities and the City of Englewood Water and
Sewer Board
I" 4/
Jim Veryser, Utilities Technician J1 · v
February 25 , 2003
SUBJECT: New Fire Hydrant Permit Policy
The new City of Englewood fire hydrant permit policy became effective February 18,
2003 , as per the Water and Sewer Board directive . Our policy now models the Denver
Water fire hydrant permit program with one exception; we are continuing to collect a
refundable $600 .00 damage deposit check for each permit sold. The reason for this is
that the $250 .00 annual permit for customers using less than a 1,500 gallon tank wagon,
would not cover the damage that might occur to either the frre hydrant or the City meter.
Date
March 17, 2003
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
City Ditch License
Agreements with Enso r,
Wildacre and Green Valley
Turf Co.
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordinance of September 2, 2002 for the City Ditch Joint Use Agreement with the Colo rado
Department of Transportation.
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommended Council approval of the License
Agreement, Temporary License Agreement and Easement Deed and Agreement with K. C.
Ensor, Green Valley Turf Co., and Wildacre, LLC for crossing the City Ditch.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
K.C . Ensor submitted a City Ditch License Agreement, a Temporary License Agreement and
Easement Deed and Agreement representing K.C. Ensor , Green Valley Turf Company and
Wildacre, LLC for crossing the City Ditch along Santa Fe with a bridge and related roadway
improvements. The Temporary License Agreement allows for construction of the bridge within
the existing driveway across the City Ditch. The Easement Deed outlines the participating
owners ' rights and acceptable uses of the crossing and roadway .
The License Agreements will allow crossing of Englewood 's 48" City Ditch pipe with a
protective arch to allow access to and from Santa Fe Drive to the adjacent properties located
west of Santa Fe Drive. Englewood 's City Attorney and the Utilities Engineer have reviewed
and approved the City Ditch License Agreement , Temporary License Agreement and
Easement Deed and Agreement.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Ordinance
City Ditch License Agreement , Temporary License Agreement, Easement Deed
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of the day of
~~~~~~~~~-
, 2003, by and between the CITY OF ENGLEWOOD, a municipal
corporation of the State of Colorado, herein referred to as "City'·, and K. C. ENSOR, JR., a/k/a
KENTON C. ENSOR, Jr., individually and as Trustee of the K. C. Ensor Trust, MARY EDITH
WlLKINS, BARBARA ENSOR, GREEN VALLEY TURF CO., a Colorado corporation and
WILDACRE, LLC, a Colorado limited liability compan y, herein collectively referred to as
"Licensees".
WITNESSETH: The City, without any warranty of its title or interest whatsoever.
hereby authorizes Licensees to use a parcel of land in the Ciry·s right-of-way for the City Ditch.
which parcel is situated in SW Yi of Section 32. Township 5S. Range 68W of the 6th P .M ..
County of Arapahoe, State of Colorado , and which is more particularly described on Exhibit .. A ..
which is attached hereto and incorporated herein by this reference (the .. Licensed Premises .').
The Licensed Premises is depicted on a dra\ving which is attached hereto as Exhibit ··B ...
1. Licensees are granted an exclusive license to the Licensed Premises described
herein subject to the provisions of this . ..\greement . In addition, Licensees are granted the
following rights. subject to all pro vi sions contained in thi s License Agreement.
a. To construct and maintain a bridge and related road\vay improvements
across the City Ditch right-of-way so long as the structures and water flow of the City Ditch a re
not impaired and to use said bridge and roadway improvements constructed thereon by Licensees
for access to and from South Santa Fe Drive to and from Licensees respective real properties
located on the west side of South Santa Fe Drive by all modes of travel including, but not limited
to, motor vehicles of all kinds, inc luding trucks and construction equipment. Said bridge shall be
located within the existing driveway and at the location as generally depicted on Exhibit .. ff·.
2. In granting this License, the City reserves the right to the fullest extent permitted
by law, but without interfering with the Licensees use as authorized herein. to make as full a use
of the Licensed Premises as may be necessary or convenient in the operation of the City an d the
City retains all right to operate, maintain install, repair, remove or relocate any of the City's
facilities located within the City Ditch or City right-of-way at any ti me and in such manner as it
deems necessary or convenient, provided the City does not deprive Licensees of access to and
from South Santa Fe Drive to and from their respective real properties as provided for above. In
the event Licensees· installations should unreasonabl y interfere with the City 's use or operation
of the City Ditch or right-of-way, at any time hereafter, Licensees shall, upon request by the City
and at Licensees' sole expense, as soon as practicable relocate, rearrange or remo ve its
installation so as not to unreasonaply interfere with any such City use and to remove the
installation of Licensees when necessary or convenient for the City, its successors and assigns;
provided, however, the City has under all circumstances first made a reasonable effort to provide
Licensees with alternative access to and from Licensees respective real properties th at is
reasonabl y similar to the access provided by this License Agreement.
Ensor.Kcm on..A.grcemcn1s
LICE i SE AGREEMEYT C LE .~.'i CLE A:-1
3. Subject to the prov1s1ons contained in paragraph 2 and in particular the
requirement to maintain Licensees reasonable access to and from South Santa Fe Drive, the City
shall have the right to maintain, install, repair, remove or relocate the City Ditch or an y other of
its facilities or installations within the City's right-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 to the full extent permitted by law.
4. The rights and pri v ileges granted in this License shall be subject to prior
agreements. licenses and/or grants , recorded or unrecorded. and it shall be the Licensees ' sole
responsibility to determine the existence of said agreements. licenses or grants or conflicting uses
or installations. The City represents that it has provided Licensees with copies of all unrecorded
prior agreements or grants that affect or pertain in any way to the License.
5. The Licensees shall have the right to m a intain. o perate , repair and replac e
Licensees improv ements on the above described L ic en se d Premises , including, but no t limite d
to , planting and trimming grass and/or bushes , fertili zation and irri g ation and removal of trash
and b rush a nd replacement of an y asphalt and road relate d im p rov em e nts .
6. L icensees must maintain access to the L ice nsed Premises by C ity personnel for
inspection and maintenance.
7. No substantial construction, other than the proposed bridge and roadwa y. s hall be
allowed on the L icensed Premise s without express written p ermission from the City which shall
not be unreasonabl y w ithheld .
8 . U pon abandonment of any right or privilege h erein granted, the right of Licensees
to that extent shall terminate , but their obligation to indemnify and sav e harmless the Cit y , its
officers and emplo yees , shall not terminate in any event.
9 . The rights granted to Licensees hereunder m ay be assigned in whole or in part to
an y entity which acquires title to Licensees real property (o r an y portion thereof), benefited b y
this L icense Agreement. The foregoing notwithstanding , this License is assignable only with the
written permission o f the City, which permission will not be unreasonabl y withheld, conditioned
or delayed.
Upon an approved assignment of this l icense to a third party, the assignor shall
be released of all responsibility under the provisions of this License Agreement and the approved
assignee shall assume all obligations thereunder.
10. Licensees shall comply with all applicable laws and ordinances and all rules ,
regulations and requirements of any environmental standards and conditions applicable to the
City Ditch or City right-of-wa y . If, as a result of the Licensees· occupancy of the premises and
its operation hereunder. an y such law , ordinance, rule or regulation is v iolated , Licensees shall
protect , save harmless , defend and indemnify the City from and against any penalties, fines , costs
and expenses , including legal fees and court costs incurred by the City, caused by. resulting from
or connected with such violation or violations , and this L icense shall terminate immediately.
2
11. This License Agreement confers upon Licensees only such use rights as C ity has
by reason of its right-of-way for the City Ditch and nothing herein contained shall be deemed to
reduce or enlarge the City 's interest in or title to said right-of-wa y.
IN WITNESS WHEREOF, this instrument has been executed day and year first above
written.
APPROVED:
Stewart Fonda, Director
3
CITY:
CITY OF ENGLEWOOD, COLORADO
Acting by and through its
Water and Sewer Board
Chairman
LICE:\iSEES:
WILDACRE. LLC , a Colorado limited ~
liability co mpan y "---
B y~/,Q s;;:,A¢C/ Ud"-
~Ianagir"
K. C. E)iSOR , JR., A/Kl 1 TON C.
ENSOR. JR., INDIVIDUALLY AND AS
TR USTEE OF THE K. C. ENSOR TRUST
MAR~:EDITH WILZIN .
/. 1. '-\ .. )(l. t.~i l.r{ /l.d/',,.(._/
BARBARA ENSOR
GREEN VALLEY TURF CO ., a Colorado
corporation
By: <_: __ : ... _~:·
~~~~~~~~~~~~~~
J. R. WILKINS, PRESIDENT
ST A TE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
Witness my hand and Official seal.
My commission expires i -I S--CC:
STATE OF COLORADO
COlJNTY OF ARAPAHOE
)
) SS.
)
The foregoing instrument was acknowledged before me this ,;). fl day of ,W R11 flf! Y.
2003, by K. C. Ensor, Jr., a/k/a Kenton C. Ensor, Jr .. individually and as Trustee of the K.TC.
Ensor Trust.
Witness my hand and Official seal.
My commission expires /0 -; 3 ~ ;1005.
N6tary Public
STATE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowiedged before me this __ day of ____ _,
2003, by Mary Edith Wilkins.
Witness my hand and Official seal.
My commission expires _ ___,_ ____ _
Notary Public
4
STATE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this ,:j?/
2003 , by Barbara Ensor.
Witness my hand and Official seal. /
M y commission expires I 6-13--.;; o ()j .
I
ST A TE OF COLORADO )
) SS .
CO UNTY OF AR.A.PA.HOE )
day of ft8&u 6 fl.Y,
I
The foregoing instrument was acknowledged before me this day of ____ _:
20 0 3 , by J. R. Wilkins, as President, of Green Valle y Turf Co ., a Colorado corporation.
Witness my hand and Official seal.
M y commission expires ______ _
Notary Public
5
~ ~
1100 W . LITTLETON BLVD., SUITE 210
LITTLETON . CO 80120-~ 1
EXHIBIT "A"
/AWA MILLER ENGINEERING
& SURVEYING, INC.
CIVIL ANO LAND DEVELOPMENT ENGINEERING
LANO SURVEYING
LEGAL DESCRJ PTION: 50 FOOT WIDE DITCH EASEN!ENI
PHONE: 303-770-2015
FAX: J03.77Q.1272
A 50 FOOT WIDE DITCH EASEMENT ACROSS A PORTION OF TIIE NORTHEAST QUARTER
OF TIIE SOUTB WEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF s ECTION 32, TOWNSHIP 5 sourn, RAL~GE 68 WEST OF THE SIXTH
PRJNCIPAL ME UDIAN, COUNTY OF ARAPAHOE , STATE OF COLORADO , MORE
PAR TIClJLARL. {DESCRIBED AS FOLLOWS :
COM1.1ENCING AT A POIN1 OF INTERSECTION OF THE NORTH\\'"ESTERL Y RIGHT OF
WAY LINE OF l LS. HIGHWAY NO. 85 , PRIOR TO 2001 , A."NTI THE SOlTTH LIN"'E OF SAID
NORTHWEST c UARTER OF THE SOUTHWEST QUARTER \\11:IICH POIJ-.rr IS 24 .83 FEET N
89°53 '49" W OF THE SOUTHEAST CORNER OF SAID ~ORTHWEST QUARTER OF TIIE
SOUTHWEST Q OARTER THENCE N 21° 10 ' 11" E ALONG THE NORTHWESTERLY RIGIIT
OF WAY LINE DF U.S. HIGHWAY NO. 85, PRIOR TO 2001, A DISTANCE OF 527.6 FEET;
THENCE N72° .8'49'" WA DISTANCE OF 90.35 FEET TO A POINT, SAID POINT BEINGTIIE
POINT OF BEGJNNING; TIIENCE S 68°04 '52'"W A DISTAi'\J"CE OF 78.43 FEET; THENCE N 72°
18' 49" WA DISTANCE OF 78.43 FEET; THENCE N 68° 04' 52" EA DISTANCE OF 78.43 FEET;
THENCE S 72° : 8' 49" EA DISTANCE OF 78.43 FEET TO THE POINT OF BEGJNNING,
CO:r-tfAThlNG C.0900 ACRES .
BASIS OF BEAl :JNGS IS THE WEST LINE OF 1RE SOUTHWEST QUARTER OF SECTION 32,
WHICH BEARS N 00°35'43" W BETWEEN 2 1/2 .. ALUMINUM CAP IN RANGE BOX AT IBE
SOUTH QUAR1ERCORNEANDA3" BRASS CAP PLS 16398 AT THE CENTER SECTION.
PREPARED L0IDERMY SlJPERVISION
39291.DOCS\SO' DtTCH E.ASE..vll ~.rr .lXlC
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u u l.&.J w (II "" .... -ir ' ' --~ :> ""' "" a.... a.... 0 CJ
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'WILDACRE P~RTNERSHIP
REC. NO. A ;012536
PREPARED UNDER WY DIRECT SUPER'ASION
THIS DRAWING DOES NC T REPRESENT A
1 t.IONUMENTED SUR\£Y.
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! .., STEVEN L FOR\1LL 'T", >[ ck PLS f27011 ~
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EXHIBIT "B"
EXHIBIT C
BODI< 2025
PAGE 757
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60'
FNO 3" BRASS CAP
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EXISTING R.O.'w'. ~
NE 1/4 S'J L/4-
SEC 32
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TEMPORARY LICENSE AGREEMENT
THIS TEMPORARY LICENSE AGREEMENT ("this Grant") made and entered into as
of the _ day of , 2003 by and between the CITY OF ENGLEWOOD , a
municipal corporation of the State of Colorado , hereinafter referred to as "City" and K. C.
ENSOR, JR., a/k/a KENTON C. ENSOR, JR., and WILDACRE, LLC, a Colorado limited
liability company, herein referred to as "Licensees".
WHEREAS , Licensees desire to construct a bridge and associated roadway across the
City Ditch right-of-way to upgrade the access to Licensees respective properties located west of
South Santa Fe Drive.
NOW, THEREFORE , THE PARTIES COVENANT AND AGREE AS FOLLOWS :
1. Description of Project. The City hereby authorizes Licensees in conjunction with
the construction and improvements to the crossing of the City Ditch to construct a bridge at the
location within the existing driveway across the Cit y Ditch as depicted on Exhibit ·'A"' which is
attached hereto and to use the remaining portion of the fifty foot (50.) wide easement area as
described on Exhibit '·B " to park construction equipment. vehicles and equipment necessary for
the construction of the bridge and the associated roadway . Licensees further agree to comply
with all state and federal statutes and regulations regarding the handling, storage and clean-up of
any hazardous materials used by Licensees. their employees , agents and assigns in conjunction
with the Project.
2. Term of License. This License shall expire on April 1, 2003, except for seeding,
which shall be completed by July 1, 2003.
3 . Access. Licensees shall have the temporary non-exclusive right to enter the City
Ditch right-of-way for any reasonable purpose necessary for the construction of the Project
subject to the following restrictions: 1) normal working hours shall be consistent with the South
Santa Fe CDOT project scheduled.
4. Restoration. Licensees will do whatever is reasonably necessary to restore the
surface of the property to its general condition prior to entry by Licensees.
5. Site Condition. Licensees will provide for security and safety of the public at the
site at all times. The construction of the bridge shall comply with the drawings and
specifications as described in Exhibit A.
6. Liabilitv. Licensees agree that they shall be responsible for their own negligent
acts on the property .
7. Rights of City. City reserves the full right to the undisturbed ownership, use, and
occupancy of the City Ditch right-of-way insofar as said ownership , use, and occupancy is
consistent with and does not impair the rights granted to Licensee in this License Agreement. In
Ens or. K'Agrccments
TE:-A PORARY LICENS E EASE:-.-tE:-.'T CLEAN ~-26.033
the event City's improvements within the City Ditch right-of-way require repair, replacement or
maintenance of any type or kind, City may do so with reasonable notice. Cost of repair and
restoration of surface improvements shall be done at the cost of the Licensees.
IN WITNESS WHEREOF, the parties hereto have executed this Temporary License
Agreement as of the day and year first above written.
CITY:
CITY OF ENGLEWOOD, COLORADO
By: By: ___________ _ <""----=
A. Gray Clark, Chairman Englewood Stewart Fonda, Director of Utilities
Water and Sewer Board
ATTEST: ATTEST :
Cath y Burrage, Recording Secretary loucrishia A. Ellis, City Clerk
LICENSEES:
WILDACRE, LLC , a Colorado limited
liability c~any . ( .
By:~ µ.c~z.iJ.,(Yv '~,1.,s-:-.._
Manaaer/ ::; -
STATE OF COLORADO )
) SS.
COlTNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this ).~ day of
,r::::-ebnt.tlVlf , 2003, as Manager, of Wildacre LLC.
J
Witness my hand and Official seal.
My Commission expires: _ ____._/_· -~!~Y_-_l_,_5 ______ _
K. C. ENSOR, JR., a/kJ
ENSOR, JR.
2
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STATE OF COLORADO )
) SS .
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this J%_ day of
F£8 f1lRR.'( , 2003, by K. C. Ensor, Jr., a/k/a Kenton C. Ensor, Jr.
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REC. NO. f 6012536
PRE?AAED UNDER M'. DIRECT SUPffi'ASICN
TiilS DRAWING DOES N )T REPRESENT A
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EXHIBIT "A"
EXHIBIT C
BOOK 2025
PAGE 757
EXISTING R.O.'w'.
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1100W. UTTLETON BLVD .. SUITE 210
LITTLETON . CO 80120-223: 1
EXHIBIT "B"
/AWA MILLER ENGINEERING
& SURVEYING, INC.
CIVIL ANO LAND DEVELOPMENT ENGINEERING
LAND SURVEYING
LEGAL DESCRJ PTION : 50 FOOT WIDE DITCH EASEMENT
PHONE: 303-~2015
FAX: 30:> 77C.1272
A 50 FOOT WIB E DITCH EASEMENT ACROSS A PORTION OF TI:IE NORTHEAST QU.A.RY.cR
OF THE SOUTI WEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 32, TOWNSHIP 5 SOUTH, R.<\i~GE 68 WEST OF THE SIXJE
PRINCIPAL l\1E UDLA.N, COlJNTY OF AR.AP AHOE, STATE OF COLORADO , MORE
PARTIC1JLARL i DESCRIBED AS FOLLOWS:
COtvfMENCING AT A POil'il' OF INTERSECTION OF THE ~ORTH\VESi.t:RL Y RlGHT OF
WAY LINE OF 1 J S. HIGHWAY N"O . 85, PRIOR TO 2001, A.~TI THE SOUTH LIN"E OF SAID
NORTHWEST C ~UAR TER OF Tiffi SOUTHWEST QUARTER, \VHICH POINT IS 24 . 83 FEET~
89°53'49" W OF THE SOUTIIEAST COR..'IBR OF SAID NORTH\VEST QUARTER OF I'.dE
SOUTu'"WEST C DARTER THENCE N 2 1° 10' 11" E ALONG T.dE NORTHWESTERLY RlGHT
OF WAY LThc )F U.S. BlGHW AY NO . 85, PRIOR TO 2001 , A DISTAJ.'l'CE OF 527 .6 FEE.I;
THENCE N 72° 18'49" WA DISTANCE OF 90 .35 FEET TO A POINT , SAID POINl' BEING THE
POINT OF BEG :N'N1NG; THENCE S 68°04'52'7\V A DISTA1~CE OF 78.43 FEET; THENCE N 72°
18' 49" WADI: TANCE OF 78.43 FEET ; THE.'<"CE ~ 68° 04' 52" EA DISTANCE OF 78 .43 FEET ~
THENCE S 72° . 8' 49" E A DIST.AJ.'TCE OF 78.43 FEET TO THE POINT OF BEGINNING,
CONTAThll:NG (1.0900 ACRES .
BASIS OF BEA UNGS IS THE WEST LINE OF THE SOU!r.IWEST QUARTER OF SECTION 32,
WHICH BEARS~ 00°35'43" W BETWEEN 2 1/2 .. ALu1v1INUM CAP IN RA.NGE BOX AT THE
SOUTII QUAR~'ER CORNER A1"TI A3" BRASS CAP PLS 16398 AT THE cnrIER SECTION.
PREPARED l."NDER !\fY Sl:"PERV1SION
EASEMENT DEED A1~D AGREEMENT
Wildacre, LLC, a Colorado limited liability company, whose address is 8025 South Santa
Fe Drive, Littleton, Colorado, ("Grantor") for good and valuable consideration, the receipt and
sufficiency of which is hereby confessed and acknowledged. does hereby quitclaim unto .\fary
Edith Wilkins, Barbara Ensor and K . C. Ensor, Jr., alk/a Kenton C. Ensor, Jr., individually and
as Trustee of the K. C. Ensor Trust, and Green Valley Turf Co., a Colorado corporation
(collectively the .. Grantees''), whose address is 7951 South Santa Fe Drive, Littleton. Colorado
80120, and Grantees successors and assigns, subject to the terms and conditions hereinafter set
forth, a perpetual easement (the "Easement") in, to, through, under, over and across that portion
of Grantor's property as described on Exhibit ··A " and depicted on Exhibit .. B". both of which
are attached hereto and incorporated herein by this reference. The Easement herein granted shall
be subject to the following terms and conditions:
1. Non-Exclusive Easement. Grantees use of the Easement shall be non-exc lusive
and Grantor and Grantors successors . assigns. guests and invitees shall have an equal right to the
Easement for all of the same purposes and to the same extent as herein granted to the Gr:mtees.
or for any other purpose and to the full extent permitted by law . but \Vi thout interference with
Grantees use thereof.
2 . Use of Easement. Grantees shall have the right to construct. use. maintain and
repair a road and related improvements on the Easement for access to and from South Santa Fe
Drive to and from Grantees real propert y ('"Grantees Property'') which is located west of South
Santa Fe Drive and north of Grantor 's property. Grantees shall also have the right to install.. use,
and maintain electric power, water, sewer, natural gas, TV and cable lines in the Easement.
3. Easement Rights . This Easement shall be an easement appurtenant to Grantees
Property and shall inure to the benefit of Grantees successors and assigns , subject to the terms
and conditions set forth herein. In no event, shall Grantees have the right to grant any inte rest in
or permit use of the Easement for access to lands other than Grantees Property, as herein defined.
4. Costs. All costs associated \Vith Grantees use of the Easement inc luding
surveying, construction, repair. maintenance, snow removal shall be borne by Grantees subject to
the provisio that an y increased costs of repair and maintenance caused by or attributable to
Grantor's use of the Easement shall be borne by Grantor.
5. Exceptions This grant of Easement to Grantees is made by Grantor without
warranty of title and is subject to any and all prior liens, encumbrances, easements, restrictions,
reservations and rights-of-way which may affect the Easement.
6. Conversion to Otero Avenue. At any time either Grantor or any one or all of the
Grantees, their successors and assigns, shall have the right to convert the Easement, or any
portion thereof. to a public road that the City of Littleton shall own, operate and maintain. In the
event any party so decides to convert the Easement to a public road such party shall give written
notice to all the other parties. Within a reasonable period of time thereafter all parties shall
Ensor. kenron 1Agreemcnts
E.~S EY!E ~T DEED ~l>D AGREHIE :-JT w;ld.lcre LLC Wildocre UC
c
concurrently convey and dedicate all of their right, and interest in and to that portion of the
property described on Exhibit "A" within the right-of-way for proposed Otero A venue, to the
City of Littleton , Colorado, subject to the continuation of all uses herein permitt ed or
contemplated. Once the public road is constructed and accepted by the City of Littleton, all
portions of the Easement outside the right-of-way shall immediately terminate and be of no
further force and effect.
Grantor·s promise to dedicate the right-of-way necessary for Otero Avenue is contingent
upon Otero Avenue passing north of and not interfering with Grantor"s barn as generally
depicted on Exhibit "C" which is attached hereto and incorporated herein by this reference.
7 . Running of Benefits and Burdens All provisions of this Easement Deed and
Agreement including all benefits and burdens, shall run with the land and shall be binding upon
and inure to the benefit of the successors and assigns of the Parties hereto subject to the
provisions hereof.
8. Enforcement. This Easement Deed and Agreement and the terms and conditions
and provisions hereof may be enforced by either of the Parties hereto and their successors and
assigns ; and in the event legal or administrative suits or proceedings are brought against any
Party for the purpose of such enforcement, the pre vaili ng Party shall recover from the non-
prevailing Party all costs associated therewith, including, but not limited to reasonable attorneys
fees.
IN WITNESS WHEREOF, Grantor and Grantees have executed this Easement Deed
and Agreement this_ day of , 2002 .
Gran tor:
Wildacre, LLC , a Colorado limited liability
company .. ~ B~-4-d) ~*/;{'--.,U'f-'
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Grantees:
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K. C. Ensor, Jr., a/kJa K~on C. Ensor, Jr.,
Individual! y and as Trustee of the K. C. Ensor Trust
Mary Edit~ Wilkins
/ \_1 I '-ef-U (_
Barbara Ensor
2
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ATTEST:
Secretary
ST A TE OF COLORADO
____ OF f2ra. oa.kv<
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Green Valley Turf Co., a Colorado Corporation
)ss.
)
I. R. Wilkins, President
The foregoing instrument was acknowledged before me
Pehv-uar'-1 , 2003 by Ti rri !)~,)i,nt-1t )L',.__ f
0 <. -.--··.: ... _. ___ _
of Wildacre LL:e, a Colorado limited liability company .
Witness my hand and Official seal.
My Commission expires: /-I~ -C')
STA TE OF COLORADO
___ OF Qf ruuLll
)
)ss.
)
The foregoing instrument was acknowledged before me this J ~day of f E.8/:.'u f, R 'I
2003 by K. C. Ensor, Jr., a/k/a Kenton C. Ensor , Jr., individually and as Trustee of the
1
K. C.
Ensor Trust.
Witness my hand and Official seal.
My Commission expires: /() -13-;2DO S:,
__i/· ,. ....
3
STA TE OF COLORADO )
)ss.
)
The foregoing instrument was acknowledged before me this _ day of _______ _
2003 by Mary Edith Wilkins.
Witness my hand and Official seal.
My Commission expires: _________ _
STATE OF COLORADO
___ OF .f}£11Ju £R.-
Notary Public
)
)ss.
)
The foregoing instrument was acknowledged before me this d_X day of ££ 8 z 41-11< y
2003 by Barbara Ensor. /
Witness my hand and Official seal.
My Commission expires: /tJ -13 -dCOS"
" ~dcJ
Notary Public
4
11 CXJ W, LITTLETON BL VO ., SUITE 210
LITTLETON , CO 80120-~
EXHIBIT "A"
/&Y!f!!!I/!.. MILLER ENGINEERING /ft'f/ila. & SURVEYING , INC.
CIVIL AND LAND DEVELOPMENT ENGINEERING
LANO SURVEYING
LEGAL DESCRJ PTION : 50 FOOT WIDE ACCESS EA.SEJ.v1ENT
PHONE: 303-770-2015
r: AA:. 303-no., 2n
A 50 FOOT WU E ACCESS EASEMENT ACROSS A PORTION OF THE NORTHEAST
QUARTER OF ; 'HE SOUTHWEST QUARTER Al'ID THE NORTHWEST QUARTER OF THE
SOLlHWEST ( UARTER OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE
SIXTH PRINCil ·AL MERIDIAN, COUNTY OF AR..>\P AHOE, ST A TE OF COLORADO, MORE
P ARTICULARI. Y DESCRIBED AS FOLLOWS:
COMMENCINC AT A POINT OF INTERSECTION OF THE ~ORTIIWESTERL Y RIGHT OF
w A y LINc OF J.S. HIGHW A y NO. 85 , PRIOR TO 200 1, AJ."\Jl) THE SOuTH LINE OF SAID
NORTHWEST (LU ARTER OF TIIB SOUTHWEST QUARTER WHJCH POINT IS 24.83 FEET >I
89°53'49" W Of THE SOUTHEAST COR.NE.R OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST ( ~UARTER.; THENCE N 21° 10' 11" E ALONG THE NORIBWESTERL Y RIGHT
OF WAY L~'E OF U .S. HIGHWAY NO . 85, PRIOR TO 2001 , A DISTANCE OF 527 .6 FEET;
THENCE N 72° 18'49', WA DISTANCE OF 48 .85 FEET TO A POINT ON THE
NORTHWESTIRLYRIGHT OF WAY LINE OFU.S. ffiGHWAYNO . 85 , SAID POINT BEING
THE POINT OF BEGINN1NG; THENCE S 20°04' 18'" W ALONG SAID NORTHWESTERLY
RIGHT OF WA1LINE A DISTANCE OF 50.04FEET; THENCEN72° 18' 49" W ADISTA.'iCE
OF 142.09 FEE~; THENCE N 20° 04' 18" EA DISTANCE OF 50 .04 FEET; THENCE S 72° 18' 49"
EA DISTANCI : OF 142.09 FEET TO THE POINT OF BEGINNING, CONTAINING 0 .1 631
ACRES MORE OR LESS.
BASIS OF BEA RINGS IS THE WEST LINE OF THE SOlJTHWEST QUARTER OF SECTION 32,
\\.'HICHBEAR.:; N 00°35'43" W BETWEEN 2 1/2 "ALU~:UNUM CAP Il'TR.Ai.~GE BOX AT THE
SOUTH QUAR rER COR.i'IBR Ai.'ID A3" BRASS CAP PLS 16398 AT THE CENTER SECTION.
PREP AR.ED UNDER MY Sl1PER VISION
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EXHIBIT "B"
EXHIBIT C
BOCK 2025
PAGE 757
EXISTING R.O. V.
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Date
March 17 , 2003
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
Construction of Water Wells
LA-5 and A-M 1
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
A prev ious well was constructed in 1992 at the Mclellan Reservoir. This well was drilled into
the Laramie-Fox Hills Aquifer -a deeper aquifer than the two proposed wells. The State has
approved the drilling of these two wells , which will not affect other nearby well systems .
RECOMMENDED ACTION
The Water and Sewer Board , at their March 11 , 2003 meeting , recommended Council
approval of the bid from Henkle Drilling Company in the amount of $294,246.60 for Wells LA-5
and A-M 1.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
To supplement Englewood long-range water supply plan, espec ially during drought conditions ,
it is proposed to drill two wells , approximately 900 feet deep . The wells will be gravel packed
water wells , one drilled into the Lower Arapahoe Aquifer (LA-5) and one drilled into the
Arapahoe Aquifer (A-M1 ). The go lf courses well will supply raw water for the Allen Filter Plant
and the Englewood Golf Course . The Mclellan well will discharge raw water directly into
Mclellan Reservoir for future raw water supply needs .
The Mclellan well will be located approximately southeast of Mclellan Reservoir on the south
side of County Line Road . The Golf Course wel l will be located west of the Englewood Golf
Course on the west side of the South Platte River near the abandoned Bear Creek Filter Plant.
Drilling the wells is the first phase of the total project. Connections and pumping will be bid
separately in the future .
FINANCIAL IMPACT
A bid opening was held February 28 , 2003 and two bids were received:
Lane Western
Henkle Drilling Company
Well LA-5
$216, 101.00
$146 ,532.25
Well A-M1
$213,828.00
$147 ,714.35
Total
$429,929.00
$294 ,246 .60
Phil Martin of Martin & Wood Engineers reviewed the bids and determined that the Henkle
Drilling Company bid in the amount of $294 ,246.60 was the lowest , acceptable bid.
$500 ,000 is budgeted for the well unde r Source and Supply. The remainder will be used for
pumps and electrical connect ions.
LIST OF ATTACHMENTS
Ordinance
Bid Sheet
Bid Opening date: February 28, 2003 --
CONSTRUCTION OF LANE WESTERN Henkle Drilling Company Bob Beeman Dri l
WATER WELLS LA-5 and A-Attn: Dave Tormolen Attn: Joe Meigs P.O. Attn: Todd Bee11
Ml 17800 E 22nd Ave. Box 639 Garden City Kansas 3400 S Hwy 191 P.O.
Aurora, Co. 80011 67846 303-940-Moab, Ut 8452
303-755-1281 7273 800-526-0309
NO. ITEM Estimated Well LA-5 Well A-Ml Total Well LA-5 Well A-Ml Total Well LA-5 Well A-
Quanity and Unit price Unit price Unit price Unit price Unit pdce Ml Unit
Unit price
1 Mobilization & Demobilization Lump Sum $ 3 1.0 00 .00 $ 23.1:13 .00 $ 54. 133.00 $ 24.860.00 $ 13.900.00 $ 38,760.00
2 Conductor Bore & Casing 60 L.F. $ 9.660.00 $ 10.680 .00 $ 20 .340 .00 $ 6.000.00 $ 6,000.00 $ 12.000.00
3 Drill Final Size Bore Holes 740 L.f'. $ 45.880.00 $ 49 .600 .00 $ 95.480.00 $ 34.4811.00 $ 39,800.00 $ 74.284 .00 NO nm NO om
4 Geophysical Logging Lump Sum $ 7.200.00 $ 9 ,650.00 $ 16 ,850.00 $ 6.120 .00 $ 6 ,10 6.00 $ 12,226.00
Furnish & In stall Mild Steel $ 33,852.00 $ 26.'129.60
5 Casing 661 L.F. $ 17.18 6.00 $ 16 ,6 66.00 $ -$ 13,385 .25 $ 13 ,044.35 $ -
Furnish & Install Stainless $ 38 ,800 .00 $ 23 .7 04 .00
6 Steel Screen 120 L.F . $ 15.000.00 $ 23.800.00 $ -$ 9.264 .00 $ 14.440 .00 $ -
7 Furnish & Install Gravel Pack 360 L.F . $ 12.960.00 $ 16.4 70 .00 $ 29,430.00 $ 9.738.00 $ 14 ,274.00 $ 24.0 12 .00
8 Furnish & In sta ll Cement Sea l 440 L.F . $ 2 1.560 .00 $ 8.250.00 $ 29.8 10 .00 $ 9 .306 .00 $ 6 ,775.00 $ 16.081 .00
9 Well Development By Bailing 8 Hrs. $ 2.848 .00 $ 2. 704.00 $ 5,552.00 $ 1.8 00 .00 $ 1,800.00 $ 3,600.00
IO Well Development By Jetting 30 Hrs. $ 12 .600.00 $ 12 , 750.00 $ 25,350.00 $ 6.750.00 $ 6,750.00 $ 13 .500.00
Well Development By Airlift
11 Pumping 18 Hrs. $ 6,804 .00 $ 7,002.00 $ 13 ,806.00 $ 8.550.00 $ 8,550 .00 $ 17 ,100 .00
12 Pump Installati on & Removal Lump Sum $ 6.000.00 $ 6 .500.00 $ 12 ,500.00 $ 7,436 .00 $ 7,436.00 $ 14.872.00
Well Development by Surge
13 Pumping 12 Hrs. $ 5,400.00 $ 4,548 .00 $ 9 ,948 .00 $ 1.764 .00 $ 1,764.00 $ 3,528.00
14 Production Testing 40 Hrs . $ 11 ,600.00 $ 11 ,320 .00 $ 22,920.00 $ 5.880.00 $ 5,880.00 $ 11 ,7 60 .00
15 Standby Time 20 Hrs. $ 4, 760.00 $ 5,800.00 $ 10,560 .00 $ -$ -$ -
·"·
C leaning, Di s infecting &
16 C apping W e ll Lump S um $ 3 ,443.00 $ 2 .395 .00 $ 5,818 .00 $ 395 .00 $ 395.00 $ 790.00
17 Video Logging Well Lump S um $ 2 .200 .0 0 $ 2.560 .00 $ 4.7 60 .00 $ 800 .00 $ 800.00 $ 1.600 .00
TOTALS $ 2 16 , 1()1.00 $ 2 13.828 .00 $ 4 29.929 .00 $ 146,532.25 $ 147 ,7 14 .35 $ 294 ,246.60
Total For Total For Total For Total For Total For Total For
Well LA-5 Well A-Ml Well LA-5 Well A-Ml Well LA-5 Well A-
TOTAL TOTAL Ml
COUNCIL COMMUNICATION
Date Agenda Item
March 17 , 2003
INITIATED BY STAFF SOURCE
A TT., ~
Subject
IGA for Construction of Big Dry
Creek Improvements at Allen
Water Treatment Plant
Department of Public Works Stewart Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordinance No. 1, Series 200 1 /2002 , approved an Intergovernmental Agreement with the Urban Dra inage and
Flood Contro l District for design of the Big Dry Creek Channel Improvements at Allen Water Treatmen t Plant.
RECOMMENDED ACTION
Staff recommends Council approval of a Bill for an Ordinance amending t he agreement with the Urban Drainage
and Flood Control Distr ict. This amendment covers fi nancial comm itments related to construction of
improvements to Big Dry Creek adjacent to the Allen Water Treatment Plant.
BACKGOUND , ANALYSIS , AND ALTERNATIVES IDENTIFIED
Urban Drainage and Flood Control District completed and updated mapping of Big Dry Creek in 1997 . Information
from this new study identified the Allen Water Treatment Plan t as be ing located within the flood plain of Big Dry
Creek . As part of the major improvements to t he Allen Treatment Plan t completed in 2000 , the Utilities
Department included construction of a floodwall to protect the treatment facility . However, Big Ory Creek bank
protect ion is required to protect the floodwall and eliminate the fl ood pla in designation . Staff applied for funding
and the project was budgeted in Urban Drainage Distr ict's 5-year Capital Improvement Program .
Urban Dra inage retained the services of Muller Engineering Company to design the project. Urban Dra inage and
the C ity evaluated alternate design proposals suggested by the Eng ineer and selected "Turf Reinforcement Bank
Protect ion ". This alternative will stab ili ze the creek bank while be ing less disruptive to the slope and existing
vegetation . Any trees requiring removal will be replaced with new t rees .
FINANCIAL IMPACT
The total project cost is estimated at $209 ,000 ($32.000 for design and $177,000 for construction and
contingency)
Urban Drainage and Englewood equally share t he cost of thi s project. Englewood previously budgeted and paid
our $16 ,000 share for design services .
Englewood's 50% share of the construction cost is $88 ,500. Adequate fund s are budgeted for construction
through Utilities Allen Treatment Plant Account 40-1603-61155 .
LIST OF ATTACHMENTS
Bill for an Ordinance
Amendment to Intergovernmental Agreement
AMENDMENT TO
AGREEMENT REGARDING
FINAL DESIGN Al'ID CONSTRLJCTION OF
DRAINAGE Al'ID FLOOD CONTROL IN1PROVE1v1ENTS FOR
BIG DRY CREEK AT ALLEN WATER TREATMENT PLAi"IT
Agreement No. Ol-07.04A
THIS AGREEMENT, made this day of , 2002 by and
between URBA.i"\f DR.AIN'"AGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT")
and CITY OF ENGLEWOOD (h ereinafter called "CITY") and collectively !mown as "PAR.TIES";
WITNESS ETH :
WHERE.-\S. PARTIES hav e entered into "Agr eemenc Re ga rding Final Design and Construction of
Drainage :md Flood Control Improvements for Big Dry Creek :it .-\Ilen Warer Treatment Plant"
(Agreement >Io. 01 -07.04) dared December 31. :200 l, as :imended: :ind
\VHERE.-\S. PARTIES now desire rn construe[ imorovemenrs: :ind
\VHERE.-\S. P.-\RTIES desi re rn incre:ise the kve ! or· funding by S 177,000: :ind
\VHERE.-\S, D[STRICT's Board of D1recrnrs has 1urhorized :iddit:onal DrSTRJCT financial
participanon for PROJECT (Re sol ution )io . 53. Series or 2002 ): :ind
WHERE.-\S, the Ciry Council of CITY and th e Board of Director:: of DISTRICT have authonzed.
by appropriat ion or resolution. all of PROJECT costs of rh e respective P.-\RTIES.
NOW. THEREF ORE. in co ns id er:ition of th e muru:i l promi ses contained herein. PAR.TIES hereto
agree as follows:
1. Paragr:i ph -L PR OJECT CO STS AND .-\LLOC.-\ TrON OF COSTS is deleted and replaced as
follows:
4. PROJECT COSTS Al'ID ALLOC.-\ TION OF CO STS
.-\. P.-\RTIES :igree that for the purposes of this .-\greement PROJECT costs shall co nsist
of:ind be limit ed to th e followi ng :
l. Final design services;
? Construction of improvements:
3 . Contingencies mutually agree:ible to P.-\RTIES.
B. It is understood that PROJECT costs as derined above are nor to exceed S209 ,000
without amendment to this .-\greemen r.
PR OJ ECT costs for the various elements of the effort are estimated as follows:
ITEM A.v(OlJNT
l. Final Design s 32,000
2. Construction 160,000
4. Contingency 17,000
Grand Total 5209,000
This breakdown of costs is for estimating purposes only. Costs may vary between the
various elements of the effort without amendment to this Agreement provided the
total expenditures do not exceed the maximum contribution by all P.A.RTIES plus
accrued interest.
C. Based on total PROJECT costs, the maximum percent and dollar contribution by each
party shall be:
Percentage Maximum
Share Contribution
DISTRICT 50% s 104 ,500
CITY 50% 104 ,500
TOTAL 100.00% S209 .000
2. Paragraph 5. MANAGEMENT OF FfNA>fCES is deleted :md replaced as follows:
5. MANAGPvfENT OF FINANCES
As set forth in DISTRI CT policy (Resolunon >lo. 11. Senes of 1973 <rnd Resolution :-io. 49 ,
Series of 1977), the cost sh aring sh:iil be :i.rter subrr:i.cring stare. r'ede::-al. or other sources or'
funding from thi rd parties. Hovv·e1.·e::-. monies CITY may receive from fede ::-a l tunds . the
Fede::-a l Revenue Sharing Program. rhe Feder:i.l Community Development Program. or such
similar discretionary programs as approved by DISTRICT'.o Boar d of Directors may be
considered as and applied toward CITY's share of improv ement costs.
Pa ym ent of e:ich party's foll share (CITY -SlO-l-,500: DISTRICT-Sl04.500) shall be made
to DISTRICT subsequent to execution of this . ..\greement and within JO days of request for
payment by DrSTRICT. The p:iyments by P.-\RTIES shall be held by DfSTRICT in :i
spec ial fond to pay for in crements of PROJECT :is :iuthorized by P.-\RTIES . and :is defined
here in. DISTRICT sh:ill provide :i periodic :i.ccounrmg of PROJECT funds as 1,vell as a
per io dic notific:ition to CITY ot· any unpaid obligatio ns .. ..\.ny interest e:i.med by the monies
contributed by PARTIES sh:ill be accrued to the speci:il fund est:ib lis hed by DISTRICT for
PROJECT and such interest sh:ill be used only for PROJECT upon approv:il by the
contracting officers (P:i.ragraph I 3 ).
Within one year of co mpletion of PROJECT if there Jre monies inc luding interest earned
remaining which are not committed, obligated. or disbursed, each party shall receive a share
of such monies, 1,vhich shares shall be computed :is were th e origin:i.l shares.
3. All other terms and conditions of ~.\greernent No. 01-07 .04 shall remain in full force and effect.
\..1 ................. .-... r lf\ 1 l)if'Ll .l
WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year first above written.
(SEAL )
ATTEST:
(SE . .\l)
ATTE ST:
APPR OV ED AS TO FORM :
C ity Att orne y
URBAN' DRAINAGE AND
FLOOD CONTROL DISTRICT
Title Executive Director
Date. ____________ _
CITY OF ENGLEWOOD
By ____________ ~
Be ver ly Bra dshaw
T itle Mavo r
Date ____________ _
1ENT OF TRANSPORTATI ON
-u\J O South Holly Street
D enve r . Col orad o 80222
February 26. 2003
Bill McConnick
City of Englewood -Utilities Department
1000 Englewood Parkway
Eng lewood. CO 801 10
ATT ... 7
STA TE OF COLORADO
SHE 2873 -124 CN. PE, UT
SA# 14288
SUBJECT : CO NTR..A.CTOR ADJeSTED CTILIT Y AGRE E?vfENT
PROJE CT NO.: SHE 2873 -i::.+
LO C.-\ TIO ·: Fo ur locat ions. inc lud ing Be ll eview (SH 38! ;it C:ar kso n
DESCRIP TION: Tr affic Si gnal Imp rov ement ' Spa mvire to 'vias tar m
Enclosed are three 13) Contractor Adjusted Utility A.greements and one set of attachments. Please
have the responsible indi vidual sign and date the bottom of the agreements ror the Owner. The
date ar the top of the agreement will be tilled in up o n appro val by the Department of
Transportation. Please return the two (2) agreements with original signatures by :vt arch 12 . 2003.
to:
Ron Dicke y
Region 6 L'tilit y Engineer
Co lorado Department o f Transport ation
2000 So ut h Hoily Street
Denver. CO 80222
One (1) approved Contractor Adjusted Utilit y Agreement with original signatures and
attachments will be returned to you for your records.
If you should have any questions or need further assistance please call Art >Jegretti at 303-
757 -9276. or me at 757 -99 10 .
. /\ ~ /
,/ :'·L • .
,/~/i-7<.._.,,.e//!.--.,/ --,....,,,..--Ron Dicke v ;::---
Region 6 Utility Engineer
Attachments
COLCRADO DEPARTMENT OF TRANSPORTATION
CONTRACTOR ADJUSTED UTILITY AGREEMENT
U T I LITY~ SHE 2873-124
SA# 14288
CON STR UCTIO N # SHE 2873-124
LOCATI O N 4 Locations , including
Beileview (SH 88) at Clarkson
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T HIS AGREEMENT MADE ON (dat e) IS BETWEE N THE STATE OF COL ORADO i
FOR THE USE A ND BENEF lT OF TH E C OLORADO DEPARTMENT OF TRANSPORTATION (STATE ) l
AND CITY OF ENGLEWOOD -UTlllTIES DEPARTMENT (OWNER ). I
I
THE PROP OSE D HIGHWAY IMPROVEMENTS MAKE IT NECESSARY TO ADJUST , INSTALL OR
RELOCATE CERTAIN FACIUTIES (WORK) THAT BELONG TO THE OWNER. THE OWNER IS NOT
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STAFFED A ND/OR NOT EQUIPPE D TO PERFORM THE WORK. T HE STATE AND OWNER AGREE ·
I
THAT lT IS IN T HE PUBLI C IN TE RES T TO HAV E THE STATE 'S CO NT RACT O R PERF O RM THE
REQ UIRED WORK, WHIC H IS GENERA LLY DESCRIBE D A S FO LLO WS :
O n Be ll e•1i ew at Cl arkson:
R eset l ai r vent and as s ociated appurtenances on the southwes t comer. to the ac c ep tance o f the
Enzle'.v ood Utilitie s DeDartment. ~o J.cc o rnm odate vroo osed traffi c s i2:na1 vo le co n s truc tio n JS
._. J,, • J,, .. -;.
s hown on th e plan s . Replace the existing g alvan ized ve rt ical vent p ipe and c over with a new black
ve nt and cover -cost of replacem e n t s haJI be incl uded in the re s et item.
P rovide spec ifi c written no tices to E n glewood Ut ilit ie s 5 days immediately pri or to requ ir e d
in specti o ns.
T H E OWNER 'S PERS ONNE L MA Y INSPE CT TH E WORK BEFORE ACCE PT ING IT .
THE STATE WI L L:
+ PE R FO RM TH E WORK IN COMP LI A NCE WITH TH E C URRE NT VER S IO NS O F PA RT 645 O F TI TLC: 23 , CODE
OF FED ERAL REGU LA TI ONS (23 C F R 645)
t PAY FO R TH E WORK AT NO CO ST T O TH E OWNER. (C.R.S. SE CT IO N 43-1-22 5 1973 AS AME NDE D)
UTILITY CWN ER RE PRE SE NTATIV E SI GNATURE
COOT REGION TRANS POR T ATION DIRECTOR SIGNA TU RE
Ron Di c key -Regio n 6 Uti lity Engineer
'For J oh n F. Muscate l!
DATE
DATE
COOT ~O RM ;591 0 1/93
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• 03 /04/2003 16:32 3036279863 ATLANTIC MTG AT T .. 8
ATLANTIC MORTGAGE CO.
Attention:
Kathy Burrage
Fax Number : 303-783-6894
CJ Urgent
Q Reply ASAP
o Please comment
(J Please Review
Q For your Information
Total pages. including cover.
Comments:
6500 S Quebec Suite3.50
Englewood. CO 80111
303-627-9691
Fax number 303-627-9863
from: Gayle Ogd4H1
Dote 03-04-03
Letter for the Members of the CJty Water and Sewer Board.
03/04/2003 16:32 3036279863 ATLANTIC MTG
March 4, 2003
To the Members of the City Water and Sewer Board,
I will be coming before you March 11, 2003 , to ask for your help . I would
appreciate that before this meeting you would please drive down the alley behind
my home at 4170 S Cherokee Street. That way you can better understand and be
able to hc:lp me. Please feel free to stop, come into the yard and even see where
the utility department has marked my patio . ·
In the late 1940 ' s the city ran the sewer lines not on what was goina to be
an alley but homes. In 1952 , my home (960 sq ft) was built over the city sewer
line. In the 60 's the alley was unpaved and when it rained the backyard of the
home would be flooded and it would even go into the crawl space. The city then
installed a storm drain that runs through the backyard and ends up swerving into
my mother 's property at 4160 S Cherok.ee St.
In January 2003 , I had a contractor and architect come to my home to
draw up plans to have the back wall of my home removed, to provide my son and
I mo~ li'Ving space and have: an enclosed hot tub room . The hot tub room is not
for recreational activity in 1999 I was in a car accident that left me with Thoracic
Outlet Syndrome. For pain management and exercise: the doctor had me purchase
a hot tub to be able to use 3 times a week. However, being outside the cold sets
off my condition, so I am unable to use it.
The contactor took the plans to the city ; That was when I found out about
the city sewer drain. It came as a SUiprise to everyone that the city sewer line ran
down properties and not the alley .
Tun V eryscr, from the Utility Department had a scope ran down the drain
to be able to tell exactly where it is located.
The original remodel plans were thrown out and new ones arc in the
works.
This is where I need help:
If my son 's bedroom. cannot be extended east it will need to go south.
Could the enclosed hot tub room be at the end of the patio where the line runs
down?
If the: hot tub room cannot go the~. then I will need to have it towards the
center of the home , that would put the master bedroom, bath and the remodeled
kitchen towards the south fence (that would take a portion of the west aod south
walls down), where there is 11 feet. With this in mind my kitchen windows would
thc:n face the back of my garage and the old chicken coop in my nei~bors yard. Ji
this is the scenario, I would like to have the garage tom down and rebuilt towards
the back of my yard with the garage doors facing south and the driveway would
then go over the sewer line and the storm drain.
1 haye three dift"ercnt contractors bidding on what I need done:, talcing
down a portion of the west and south wall and moving the garage is going to run
me approximately $150,000 .00 .
PAGE 02/04
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03/04/2003 16:32 3036279863 ATLANTIC MTG
Why, you ask do I want to do this? Moving is not an option for me, my
family bas been in that same block since 1950. My parents watched these homes
being built. My siblings and I pw up in this neighborhood. My mother lives
nro door to me at 4160 S Cherokee and one of my sisters and her husband live at
4110 S Cherokee. My I I ·year-old son goes to Sinclair; our church is Englewood
United Methodist. My roots are here and I cannot think of a better place to live.
We just need more space!
Please help solve the dilemma that has been put upon me. I am looking
forward to meeting with you.
Sincerely,
Gayle Ogden
4170 S Cherokee Street
303-789-4669
PA<X: 03/04
' J 03/04/2003
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Memorandum
TO: Water and Sewer Board
FROM : Leigh Ann Hoffhines, City Manager's Office
DATE: March 1 0, 2003
SUBJECT: Metro Voices Program on the Colorado Drought
The Greater Metro Telecommunications Consortium produces a quarterly television program
called "Metro Voices " that focuses on issues of importance to residents in the Denver
metropolitan area. The topic of the next show is Colorado 's drought. The program will be a
talk-show style format with a moderator, a panel of experts, and questions from the audience.
The production group responsible for the program is seeking audience members who have an
interest in water issues , asking pertinent questions, and being on TV!
The program will cover several topics related to the drought, including: geography and climate,
current status of the drought; water conservation efforts by water providers, and tips on how
citizens can do their part. The question and answer part of the program will be augmented
with 3-5 minute video clips on each topic, as well as water conservation tips.
The production will be taped on Thursday, April 10, 2003 at the Thornton Civic Center. Taping
will begin at approximately 7:00 pm . Audience members are being asked to arrive at 6:30 pm.
The program will air the following week on most metro-area Channel 8s (including
Englewood's ).
If any of you are interested in helping out with this project, or if you know someone who might
be, please call me at 303-762-2316.
J
Plans afoot
to store,
conserve
T here is an old Engli sh proverb :
"We never know the worth of
water 'til the well is drv ."
As our state suffers from the
worst drought in recorded histo-
ry. Coloradans are realizing
how true this is. The good news is that Colo-
rado is meeting the challenges of this
year's drought and we are preparing for
the future .
That response means new . proactive poli-
c.ies and . most importantly , long-term plan-
ning tha t includ es increasing the state's ca-
pacit y to sto re water.
In his J anuary St ate of the State me ssage .
Gov . Owens st re ssed the importance of Co lo-
rado improving its water syste ms thi s yea r .
He also said the co rners to ne of Col orado 's
water policy must be flexibility and coopera-
tion . The result is a bipartisan effo rt currently
'
underway on legislation that will help Colo r aclo
respond to the current drought and legislatio n
that wi ll be tte r prepar e us for futur e drought
cycles .
There are immediate steps we ca n and must
take to help ease the effects of the current
drought. One such ste p is a
system that allows for the
temporary t ransfer of water
between municipal users
and agriculture. in a cre-
ativ e way that ca n so lve
long -ter m problems for both .
This proposal would allow
local gove rnm ents access to
much -ne ed ed water during
dry years while protecting
the future of agriculture . It
allows for the storage of wa-
ter on farms where it is be-. . ..
.. ing used, ~ it can be pulled Greg Walch81' ts · ~
. ,into : the~. cities during ex9C\ltlve dlrectO( ·:
"tf.t-.~. "...,,.,,___. to ·Of·lheColoredo . .,,~. '. ~""&""'• • '"'""_... · ·Department of ·• · . the ·farms again. .. ·~,Natural R~
w•ter banking In all of the . . .
···-1·~-. -·.. . . lows farmers to deposit their water in a "bank "
without permanently selling it. Farmers then
get reimbursed when the bank leases it to oth-·
er users . It 's a common-sense approach that
addresses water-supply needs without per -
manently eliminating farms .
During severe droughts , we must remem-
ber that our environment suffers, too . When ·
drought strikes , keeping instream flows .
strong and protecting the fish in those
streams is a serious challenge . Health y
streams are part of Colorado 's culture . quali-
ty of life and economy . .
Today , the :;fate can accept only pcrman!'nt .
transfers of water rights for stream protection .
We need to allow for temporary donations of wa-
ter rights to the program during tough droughts.
Such a measure would protect the environment
and. at the same ti me , help Coloradans keep
the ir iobs and orovide for their families .
. .
, .. • • I ... -......
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ARTICLES FROM THE DENVER POST
PERSPECTIVE DATED SUNDAY,
MARCH 9, 2003
We.also must embrace innovative ways to con-
serve water , such as allowing municipalities to
partner with farmers and ranchers to use the
water saved from mo re efficient irrigation prac-
tices. This would provide an incentive for farm-
ers to adopt better irrigation practices and ex-
pand t he amount of water available to local com-
muniti es without harming any ot her water us er.
But addre ssi ng the challenges we face toda y is
not enough. We must prepare for the future.
Only Colorado and Hawaii depend entirel y
upon water that originates in t heir state . Howe v-
er , Hawaii doesn't lose water to other st ates
downstream . Every yea r . Co lorado 's rivers lose
up to 2 million acre-feet of our entitled water to
states such as Arizona, California and Nebraska.
To put this amount into perspective . an acre -foot
of water is about enough to meet the needs of
two families for a year.
That's wh y we must add to our storage capaci-
ty . If we had the ability to store all the water to
which we are entitled but would otherwise lose
downs t ream , we would be better prepared for a
multi yea r drought. The best way for the state to
prepare for future droughts is to stor e every
acre-foot of water that Colorado owns and put it
to beneficial use .
One way to do that is through the Statewide
Water Suppl y Initiative, which is centered on a
simpl e premise: identifying Colorado 's future wa-
ter needs and the potential projects to meet
those needs .
Already , many potential projects ha ve been
identified . This initiative is about determining
which projects are realistic , feasible and afford-
able -and then designing a plan to build them.
Coloradans realize the need for water st orage.
A re cent poll found that 70 percent of Colorado
voters support more and new water storage. and
80 percent of voters believe dealing with the
drought is among our most important challeng-,
es. That is why the governor , legislators . and
local. state and federal agencies are working to
help Col orado deal with the current drought -
and to ensure that our children do not find them-·
selves in the same sit uation .
Greg IValchf'r can be reached at 303-866 -3311
or via the state website. www .dnr.state .co .us .
·1 , ; ii
.~w..i .'•{ . A smart
,qli·
:;:,~response to
.::the drought
av Melinda Kassen
,,··
. its history. Many reser-C. olorado is enduring one
of the worst droughts in
voirs are half full and the
forecast promises little
short-term relief. Our re-
cent population growth has also placed
additional demands on our water re-
sources. Colorado needs to review its wa-
ter policies ra nd modify them if ne ces -
sa r v1 to Pns11re adequate suppli es of good
qualit y fo r a ll Co lorado residents without
excessive cos ts or environmental damage .
In .January. the conservation co mmunity
rel ease d a repor t written hy water-policv
exp erts -"What the Drought Means for th'e
Future of Water Management in Co lorado ..
(av a1iah le at www.cotro ut.org J -that exa m-
!ne_s the hydrology of the drought. its eco nom -
ic impart and th e responses of water suppli -
~r s The rep.?rt suggest s the following
Smart Su ppl y and "S mart Sto rage .. prin ci-
pl es to gu id e futu re water management. .It
then eval uates some proposed proj ects
agam st these principles.
Me li nda Kassen , a
water lawyer.
directs the Colo-
rado Water Pro ject
for Trout Unlimited.
out nf busin ess: and
. Smart Supply alterna-
tives do not r~quire new
water development . but
can nonetheless substan-
tially increase the amount
of water av ailable for all
purposes by using exi st in g
water supplies full y and ef-
ficiently . Thi s means :
•Ramping up co nser va -
tion programs :
. • ~e~laiming lo st space
m ex1stmg reser voi rs;
• Doing a better job of
sharing water between
farmers and cities
through leasing or
other arrange-
ments that don 't
put agriculture
completely
• Integrating existing infra-
structure in a wa y that allows all
water users within a geographic
ar ea to maximize their rights .
In his State of the State address ,
Gov . Owens concurred with these
principles , at least insofar as he an-
nounced support for increased conser-
vation and reservoir rehabilitation. Un-
fortunately , the General Assembly has
subsequently rejected House Bill 1120
which was designed to ban covenants that
require high -water-use landscaping, as well as
an a"?endn:ient to the state 's water-projec t con-
struct10n bill (Senate Bill 110) that would have ear-
marked money for reservoir rehabilitation .
On the other hand, a bill promoting urban water-use
efficiency , SB 87, was passed by the Agriculture Commi-
tee last month and is now in the hands of the Appropria-
tions Committee .
The drought report's Smart Storage principles advocate
that providers optimize water supplies already claimed or
developed to increase useable supply. This means first
using existing water supplies and usable return flows fully
and efficiently. It also means expanding existing diversion
and storage capacities incrementally to enhance provid-
ers ' flexibility in responding to increased needs as the y
appear. Further, to succeed, the drought report notes the
need to involve all of the affected interests. not just the
water users, in crafting mitigation to eliminate or lessen
environmental and socioeconomic impacts.
For example, because the market is now driving water
re-allocation from agriculture to municipal uses. it will be
important for such transfers to maintain agriculture .
here possible , and in all cases to mitigate the adverse
· pac ts to rural communities . The state 's role should be
facilitate projects that meet these goals .
With regard to storage , unfor tunatel y, the governor a p-
pears to be calling for an approach that is th e opposite of
what the drought report suggests , including expensive new
water projects to provide Front Range drought insurance
by pulling more water from the Western Slope and a bal-
lot initiative to finan ce such projects . The drought repor t
emphasizes that such new transbasin diversions -i.e ..
fr(>m the Colorado River to the growing cities on the Rock-
iE!S' east side -are the most expensive option for suppl y-
ing Colorado 's water needs and are certainly the most
environmentally damaging.
:Wh y choose this approach when there are faster , smart -
er. and cheaper alternatives? And why require taxpayers
to underwrite such projects when responsible water pro -
viders have viable alternatives that their beneficiaries are
~!read y paying to build? State subsidies for big new
-projects would reward developers who have not adequate-
ly planned their water supplies .
Finall y, everyone recognizes that environmental values
are an integral part of Colorado 's quality of life and in-
creas ingly recreation-based economy. What this means is
that no new water projects will be built if they have ma-
jor adverse environmental effects. whether from pollution
or from drying up miles of streams .
· Re ly ing on the drought report's roadmap , we belie ve
Colorado can achieve a sustainable water supply in less
time. with lower costs and with much less environmental
!«.damage than relying on big new storage projects . We look
'iorward to advocating this approach with Colorado's deci -
'.~7$lbn-makers as they grapple with our water agenda .
4 '
Colorado's water court system still best option
' . By Mary 'Mooey' Hammond
As a water lawyer, I have
gained a renewed apprecia-
tion for the wisdom of genera -
tions of state legislators
through lhe continuing drought of the
last three years . From from the earli-
est days of statehood, lawmakers man-
dated a judirial forum for the dete rmi -
nation of rights to use water, and a
separate d e partment (the Office of the
State Engineer) for the day -lo -day ad-
ministration of those water rights .
Colorado 's earliest adjudication stat-
utes, enacted in 1879 and 1881, provid-
ed for determination of rights to use
waler for irrigation through gener-
al -stream adjudications in the district
courts. Administration of those rights,
including the supervision of ditch head -
gates, was meanwhile entrusted to sep-
arate water commissioners . Since that
time, in Colorado the courts have al-
ways handled determinations of water
rights , and employees of the stale engi-
neer have administered those rights.
In 1969, the General Assembly enact-
ed the Water Rights Determination
and Admini stra tion Act. It establis he d
th e c urrent system of specialized wa -
ler courts, one for each major river
basin in the slate, to decide water
rights on an individual basis -with
the stale engineer charged with carry-
ing out the decrees of the water court
through stream administration .
The 1969 water-rights act also pro-
vided for the adjudication of plans for
augmentation lo allow new uses of wa -
ler lo operate out-of -priority, by dedi-
cating replacement or augmentation
waler (often senior rights or non -tribu -
tary water) to the stream lo offset de -
pletions from the new uses that affect
J!e~ior water rights. Consistent with an-
/
....
other directive of th e 1969
act -to integrate th e use
and administration of tribu -
tary wells and s urfare wate r
rights so as l.o "maximize th e
ben e ficial us e" of walPr in
th e slate -hundreds of aug-
m e nta tion plan s have bee n
adjudicated over th e la s t :rn
years, allowing thou sa nd s of
wells used for agricultural,
municipal anci industri a l uses
to be operated out of priority
across the state without ad-
verse effect on senior sur-
face -water rights.
-. ..... -...... the state 's economy . In a court proceeding, there are
we ll -recognized mechanisms for get-
ting all of the information relevant lo
lh e c a se out on th e table . A neutral
third party -th e judge -is able to
se ttle disputes about what information
is nee de d or provided .
Over the same pe riod , how -
ever, other junior tribut a ry
wells have operated without
scrutiny by the water court
Mary 'Mooey·
Ham mond is an
attorney wil h
Car lso n , I l ammond
& Paddock in
Denver.
First, the informal proce-
dure by the stale e ngineer
lac ks "tra ns pare ncy '' -i.e.,
th <' publi c is kepi. in th e
dark . Information ahoul the
wells, th e a 11 g 111 e ntat inn sup -
pl y and lh e operation ol' th e
plan s has not bee n open ln
Sl'rnl.in y by anyone C'Xcept
th e plan proponents and the
s t a t e e ngin ee r 's nffir e . Th e
r esult is thi s: No matter how
h a rd th e slate engineer ha s
trie d to e nsure that wells
pumpe d under lhe plan s ac -
1.ually augment their s t.r ea m
de pl etion s -and whether or
iwt he has succeeded in th a t
effort -the affected sur-
face users have not hart the under so-called "temporary
substitute supp ly plans " clevelop <'<I hy
private and public entities -and ap -
proved and then administ.ered on an an-
nual basis by the state engineer.
Groundwater Appropriators of lhe
South Platte has operated one of the
largest of such plans ; many of the
3,000 or so wells in (;ASP hav<' hc!'n
pumping for more th a n 20 years on the
basis of annual "temporary " approvals ,
without ever be ing r ev iewed in a co urt.
Ma ny argue that such an alternative
system is desirable , on the grounds
that it is less expensive, faster and
more flexible than the waler-court sys -
tem for approving augme ntation plan s.
I disagree. The current South Platte
we ll controversy points up th e fuml a-
me ntal weakness or a system that
avoids the courthouse in favor of the
state engineer's office for determina -
tion of rights to use water -rights
that have tremendous impact upon pe o-
ples' lives and well -being , as well as
" I
nl'c!'ssary information to assess th e
pl a ns . Il ene<', th ey have come lo dis -
trust. the slate engineN's administra -
tion.
Over th e la s t fe w months , I have
heard senior water users complain that
th ey cannot gel ba s ic information
about plans I.hat allow thou sa nd s of
we ll s to operate -pos s ibly at llwir
rxpense. At th e sa m e time, I have
hean l well us ers insi s t that all th e ir
d e pletions a r e r e plac ed, Hnd eve n e x-
tra waler a1 ld e d , lo the stream system .
Of late , I have also heard s urfa ce
water users cast doubt nol only on th e
s tale e ngitll'er's actions in approving
well -pumping plans , but also on hi s and
hi s e mployees' evenhande dn ess (charg -
ing that they favor we ll us ers over se-
nior rights). Thi s kind of di s trus t is
frightening . It springs , I he li eve, from
having the stale engineer lake on an
adjudicatory role that th e law inte nded
to be vested in the courts.
Th e other great probl e m with letting
the si.a l e e ngin eer d eci de s uc h cases is
that it do es not provid e th e procedural
du e process protections to potentially
affected water users -such as notice
of the plans and an opportunity to be
heard concerning them . Indeed , in a
2001 decision, the Colorado Supreme
Co urt referred to doubts about the nm-
stilutionality of having the slate engi-
neer approve temporary augmentation
plans as the reason statutory approval
of s uch plans was repealed in 1977 .
Similar concerns dog the current al -
tenrative system. And if procedures
are imposed to meet those concerns,
lir e a lleg e d economy, speed and flexibil -
ity of the state engineer's non-judicial
procedures for approval of well pump-
ing -which are the rationale for cir-
cmnventing our wate r -c ourt system -
will he lost.
llltimalely , the water-court system
establish e d by statute -and the exist-
ing statutory provisions that provide
for short-term well -pumping on state
e ngineer approval while a water-co urt
case is pe nding and with procedural
protec tions for affected wate r users -
is the best way to prese rve the wa-
l e r -allocation system that Co lorado
has relied on for more than a century.
Such a system prote cts senior water
rights and allows appropriate use of
lhc groundwater resource .
The le gislators who enacted this
scheme were wise, and we should stick
to it.
"
An equal-opportunity disaster 'F irsl in limf', first in
right'' is I.he hasic prind-
pl e for how waler is al-
located lo users under
Colorarlo's waler law . Settlers in
the 1800s rliverled flows from
streams and lakes into irrigation
ditches and developed an agricul -
tural economy I.hat served as the
fmmdat.ion for a growing and ro-
bust state.
So successful were the errorts of
these early (armers that they had
developed properly rights lo much
of the state's waler by the late
lllOOs . It was n('cessary lo arid
large reservoirs and welis through
the 20th century lo ('Jtfenrl th!' irri-
gation seasons anrl provide the reli -
ahilily that would carry farmers
through thr inf'vit.:ihlr C'yd!'s of
drought llrnt will always h!' a part
o( the S<'mi -arid climate in Colo -
rado . Whal was nriginally labeled
as "The Great American Desert"
and an area that was "unfit for cul-
tivation or settlement" had be -
comf' an agrarian society that was
the springhoard for the slate we
live in t.oday . Man had cont.rolled
nature -at least. for a while.
As with all certainties in this
worl<I, change is constant. Since
World War II , Colorado has be-
come an increasingly urhanized so -
ciety wit.h a population of 2 million
in 1970 expanding to nearly 4.5 mil-
lion in 2000 . Thal figure is expect-
ed lo exceed 6 million in the next
20 years. There are now more peo -
ple along the Front Range than
there were in the entire slate just
10 years ago.
....
Peter Binney is
director of utilities
for the city of
Aurora .
Anot.lwr im -
port.ant r·hang<'
in rec!'nl rl!'-
cades has been
the diversifica -
tion of I.he
state's econo-
my , with agri -
ct1lt11r<' now
producing l!'ss
than 2 percent
of I.he slate ·s
n!'I. e c onomic
vah1!'. High wa -
t!'r uses I.hat.
produce feed -
crops , grains
;inrl V!'getables
r<'presenl less than onC'-lhinl of
farm receipts, wit.h I.he ri>mai111IC'r
coming from livC'sltwk . W!' now
rPly on servicf's, 111 ;m11f:H't.11ring ,
lrnde, financing and rea l !'stall' as
the major components or Colo -
rado's economy .
Why is this link between lhi> pop -
ulation growth in urhan areas. di -
versification of the slate's f'cmm -
my and the relativdy lnw f'conom -
ic contribution associal!'rl wit.h the
growing of crops so important? Ag -
ricultural users consume more
than !JO percent or the waler used
in Co lorado, while urhan areas use
less than 5 percent. There also is a
corollary t.o the basic waler-alloca -
tion principle in our walrr laws:
"Last in lime is last in right." We
have no concept of highest. benefi-
cial m~e. other than ner,ot.ialed wa -
lPr transfers that would allow will -
ing parl.ies lo move wal.er t.o a new
use, such as lo the cities or to in-
-·----------------
INSIDE : Legisl;itors demonstrated
wisdom with water laws./ Page 4E
stream flows .
The majority of I.he population
growth in Color;ido h;is ncclllT!'<I in
lh<' last :rn years in suhurlrnn areas
that. 1lid not have the luxury of de -
vC'loping a fully inlcgratcrl wa -
lw-supply system over the last 100
y<'ars , as did Denver. Aurora, for
exampl<', st.art.rd developing its
own lrans ·mounlain waler-supply
sysl!'m in I.he 1950s ·and hart to pur-
chase agricultural water rights in
distant. river hasins for storage
an1I transfer l.o meet its needs . The
majority of water rights owned by
I.hf' C'it.y of Aurora ronsist of "will-
ing h11yPr -willi11g srflpr" agril'nltnr-
al rigtil.s that h;ive hC'rn pnrC'hased
or lrased anrl drnngrrl lo m1111ici-
pal use in the stat.e 's wat!'r rourls.
Thrrr is now lilt.IP reliable, un-
used water in any st.reams or riv-
ers that can he rearlily accessed
without new anrf expPnsivr pump-
ing systems . The rlams thnl. we re
built. before heightened environ-
m e ntal sensitivity developed in the
I !l60s are grossly undersized l.o
mee l. the demands of the current
drought or the growing needs of
the upcoming decades .
These circumstances lead the
"new" cities l.o n"w approaches lo
waler-s upply development. The pri-
mary focus for waler-supply agen-
cies as they address the current
drought is lo severely restrict wa-
Please see BINNEY on 4E
.&.
·. ,.
An equal-opportunity disaster·
BINNEY from Page 1 E
ter use (i.e ., less water for lawns); develop non-re-
newable local water resources such as deep aqui-
fers; or use treated effluent as an alternate sup-
ply . Aurora would benefit greatly from new legis -
lation allowing the state engineer lo ap11rove
short-term or dry-year leases of senior agricultur-
al rights lo meet system needs. llecenl rigid legal
interpretations of c urrent laws have severely lim-
it.ct! Aurora's ability to find flexible and effective
drought responses, so the effects of the drought
will be with us for many years as the reservoirs
s lowly refill .
In the future, newly urbanizing areas will have
lo work through th e arcane and complex world of
fpgal arguments, hydrology , existing and new legis-
lation that mandates environmental and social
agendas anrl -not least of all -the economics of
1111' tll'Xt gPncralion of watH-supp ly projects. lnevi -
lahly, urban water users will p;iy inneasingly high
rates for their waler supplies and a small percent-
age of agri c ultural water will move lo cities under
leases, sales or other innovative arrangements .
Concurrently, cities a lso will develop highly effi-
cient uses of water, including more effective land-
scaping and eventually potable reuse of waler.
The current "perfect drought ," that unfortunlltt
confluence of natural events telling us yet aga~h
that nature is in control, has highlighted one fact:
Our current waler-supply systems and methods of
allocating waler cannot meet our current needs.
We will either learn to adapt or all water users .~
whether they are farmers , urbanites or the env1:
ronmenl -will suffer more severe consequences
of drought more frequently and for longer perior,li;
of time. Thal will have a major detrimental effect
on Colorado's future -and it will not be ju~t
farmers, city dwellers or the environment lhfll
will suffer. Severe droughts are an equal-opporlU-
nily disaster.
.
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