Loading...
HomeMy WebLinkAbout2007-10-09 WSB AGENDA\ WATER & SEWER BOARD AGENDA Tuesday, October 9, 2007 5:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE AUGUST 14, 2007 MEETING AND PHONE VOTE OF SEPTEMBER 4, 2007 MEETING. (ATT. 1) 2. FLOCCULATION SEDIMENTATION BASIN ACCESS MONORAIL & HOIST. (ATT . 2) 3 . PERMIT -CITY DITCH CROSSING AGREEMENT WITH QWEST ON S. SANTA FE DR. (ATT. 3) 4. ENCROACHMENT PERMIT FOR 3501 W. TUFTS AVE. (ATT. 4) 5. JOINT DEFENSE AGREEMENT WITH AURORA AND NORTHERN COLO. WATER CONSERVANCY DISTRICT. (ATT. 5) 6. WATER RIGHTS UPDATES FROM DAVID HILL DATED AUGUST 10 AND SEPTEMBER 12, 2007. (ATT. 6) 7. ARTICLES: "VAST TINDERBOX THREATENS COLORADO'S WATER SHEDS," FROM SEPTEMBER, 2007 MAINSTREAM. (ATT. 7) "CLIMATE CHANGE REQUIRES A NEW LAW ON THE COLORADO RIVER," FROM MAINSTREAM. (ATT. 8) 8. "WATER PARLEY MAKE HISTORY," FROM SEPT. 27, 2007 ROCKY MOUNTAIN NEWS . (ATT . 9) "STICKER SHOCK: $1 BILLION FOR WATER," FROM SEPT. 26, 2007 ROCKYMOUNTAINNEWS . (ATT . 10) "FROM CONFLICT TO OASIS ," FROM THE SEPT. 22 , 2007 DENVER POST. (ATT. 11) OLGA WOLOSYN 1953 -2007 (ATT. 12) 9. OTHER. WATER AND SEWER BOARD MINUTES August 14 , 2007 A TT. I The meeting was called to order at 5 :03 p.m. Members present: Members absent: Also present: Moore, Cassidy, Wiggins, Oakley, Habenicht Bums, Clark, Higday, Wolosyn Stewart Fonda, Director o f Utilities 1. MINUTES OF THE JULY 10, 2007 MEETING. The Englewood Water and Sewer Board approved the minutes of the meeting of July 10, 2007 meeting. Mr. Wiggins moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried. To approve the minutes from the July 10, 2007 meeting. Moore, Cassidy, Wiggins, Oakley, Habenicht None Bums, Clark, Higday, Wolosyn 2. TRANSFORMER AND SWITCH BID . The original 1000 KV A transformer at the Allen Filter Plant was installed in 1952 by Public Service Company and Excel wanted to remove it from their inventory. The plant had the opportunity to buy the transformer, but after evaluation it was determined that disposal was not economical because it contained PCB's. A newer transformer was installed in the 1980's, and recently the plant has been experiencing blown fuses. There is only one Excel primary service line to the plant. The existing transformer and the proposed new transformer are therefore being serviced by the single line. In 3 to 5 years the anticipated UV disinfection system will increase plant load. The Utilities Department has received bids for replacement of the transformer and switch for the Allen Filter Plant. A secondary transformer and switch is critical during various power outages. Six bids were received. Granite City Supply, the apparent low bidder, did not meet the specification requirement for the switch. HD Supply, the next lowest bidder, proposed a different switch and Brown and Caldwell determined it was not considered an "or equal" to the specifications . Brown and Caldwell recommended the bid be awarded to MV A . MV A's bid met all bid requirements. They are the lowest acceptable bidder. Because of the 35 week delivery time, the Utilities Department will order the transformer and switchgear now and bid the installation in early 2008. This will allow the transformer to be online by the summer, 2008. This is an informational item only. Tom Burns entered at 5:10 p.m. 3. BOARD APPRECIATION NIGHT. The Board was notified that the Annual Board and Commission Appreciation Night was changed from Monday, August 27 to Saturday, August 25 at Pirate's Cove. Board members are invited to bring their families for free from 5:00 to 6:30 p.m. At 6:30 Pirate's Cove will close to the public for the ceremony. 4. BROWN DITCH CROSSING AGREEMENT FOR 2727 W. UNION A VE. Dennis Parr submitted a Brown Ditch Crossing Agreement to cross the Brown Ditch with a 1" water service line at S. Decatur St. and W. Saratoga Ave. to serve his property at 2727 W . Union Ave. Englewood will maintain the easement and the right to install, repair, remove or relocate the Brown Ditch at any time deemed necessary. The License Agreement will allow Dennis Parr to cross the ditch and install his 1" water service line in the existing easement at a location acceptable to the Utilities Department. The City reserves the right to make full use of the property necessary in the operation of the Brown Ditch. Mr. Habenicht moved; Mr. Wiggins seconded : Ayes : Nays: Members absent: Motion carried. To approve the Brown Ditch Crossing Agreement for Mr. Dennis Parr to cross the Brown Ditch with a 1" w ater service line for 2727 W. Union Ave. Moore, Bums, Cassidy, Wiggins , Oakley, Habenicht None Clark, Higday, W olosyn 5. DENVER INTERGOVERNMENTAL AGREEMENT -TRANSFER OF WATER SERVICE FOR 2270 & 2275 W. CHENANGO A VE. ORIX Prime West, owners of2270 W. Chenango Ave., Building E and 2275 W. Chenango Ave., Bldg.Dis requesting that Englewood allow Denver Water to provide water service to these two buildings located in Englewood. The majority of this development is in the City of Littleton, already served by Denver Water. ORIX Prime West submitted a letter dated July 31, 2007 requesting to connect to Denver Water. The City of Englewood submitted a letter to Denver Water dated October 21 , 2005 requesting Denver serve this site under the existing Denver Intergovernmental Agreement -Transfer of Water Service. Denver Water sent a letter to Englewood dated July 24, 2007 accepting water service in the proposed area . The Board received a memo from Nancy Reid, Assistant City Attorney dated July 31, 2007 noting that there is no evidence that the Englewood City Council has designated someone to approve those transfers, except the City Council itself. In order to streamline such transfers in the future, Ms. Reid recommended that an Ordinance be drafted for Council that would appoint someone, either the City Manger or the Utilities Director to sign these agreements in the future. Mr. Moore moved; Mr. Wiggins seconded: Ayes : Nays: Members absent: Motion carried. To recommend Council approval to allow the Santa Fe Business Center located at 2270 and 2275 W. Chenango to connect to Denver Water using the ex isting Intergovernmental Agreement for the Transfer of Water Services. It is also recommended to Council that the · Director of Utilities be appointed to sign such transfers in the future to streamline the process . Moore, Burns, Cassidy, Wiggins , Oakley, Habenicht None Clark, Higday, W olosyn 6. CITY DITCH EASEMENT FOR 3066 S. SHERMAN. The owner of 3066 S. Sherman St., Emilie A. Hoagy of American Homes, submitted a License Agreement and Construction Agreement for placing decorative rock on a portion of the City Ditch retaining wall and removing an existing fence in the City Ditch easement that runs diagonally east to west spanning their property. The existing wall and fence protects the right-of-way from trespassers and prevents illegal dumping. The new homeowners will be responsible for maintaining the right-of-way. Decorative rock will improve the concrete wall appearance . No trees will be planted in the City Ditch easement. Mr. Cassidy moved; Mr. Bums seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the License Agreement and Construction Agreement for 3066 S. Sherman St. for placing decorative rock on a portion of the City Ditch and removing an existing fence. Moore, Bums, Cassidy, Wiggins, Oakley, Habenicht None Clark, Higday, Wolosyn 7. GRANT OF EASEMENT AND QUIT CLAIM DEED FOR THE ZUNI TANK. The City of Englewood does not have an easement for the water line going into the City's elevated water storage tank on Zuni St. The right-of-way for the water line should have been executed in 1960 when the property, an old fire station, was sold and the water tank was constructed . The Grant of Easement and Quit Claim Deed is to correct this situation. The Grant of Easement from the property owners is in exchange for a Quit Claim Deed removing old claims for easements no longer needed. The owners plan to fence in the property and give access for the water line easement by installing a gate large enough for backhoe and dump truck access . Mr. Wiggins moved; Mr. Bums seconded: Ayes : Nays: Members absent: To recommend Council approval of the Grant of Easement for the right-of-way for the water line going to Englewood's Zuni tank and approval of a Quit Claim Deed removing ancient easement claims. Moore, Bums, Cassidy, Wiggins, Oakley, Habenicht None Clark, Higday, W olosyn Motion carried. 8. LAYTON AVENUE WATERLINE REPAIR. The Board received a news release dated August 1, 2007 regarding the water transmission main repair on Layton Ave . Two primary valves were shut down to perform the repairs and customers could have experienced discolored water and a drop in pressure. South Layton between Windermere and S . Mariposa was closed to traffic from August 2 and August 10 . 9. WATER RIGHTS UPDATE. The Board received a water rights update dated July 9, 2007 from David Hill, Englewood's Water Attorney. Stu discussed developments in the FRICO case. 10. PERMANENT UTILITY EASEMENT FOR NATCHES COURT. Weingarten Miller Sheridan, developer of the Riverpoint Project in Sheridan, submitted a Permanent Utility Easement to Englewood for a required 50' permanent non-exclusive easement for Englewood's sanitary sewer main . The easement was negotiated when building configurations resulted in the 50' utility easement being deficient in four locations. Natches Court was moved 5' and the Kenyon right-of-way was vacated. The submitted easement will fulfill Englewood's requirement to maintain its 50' easement. The easement is located approximately at the north end of the Riverpoint Project, west of Santa Fe on both sides of Kenyon. Mr. Bums moved; Mr. Wiggins seconded: Ayes: Nays: Members absent: To recommend Council approval of the Permanent Utility Easement for Natches Court. Moore, Bums, Cassidy, Wiggins, Oakley, Habenicht None Clark, Higday, W olosyn Motion carried. The next Water and Sewer Board meeting will be Tuesday, September 11, 2007 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary ENGLEWOOD WATER & SEWER BOARD PHONE VOTE SEPTEMBER 4, 2007 A phone vote was taken from the members of the Englewood Water and Sewer Board for the following issues: 1. ALLEN WATER PLANT CLEARWELL RESERVIOR ROOF REHAB .. The original Allen Plant clearwell was constructed and put into service in 1952. Several areas of the slab have surface spalling of abut Y-t -inch depth and loose concrete that is scattered. The areas between the supporting beams are ponding water. The proposed project is for preventative maintenance on the existing clearwell roof. The proposed contract would encompass applying a single-ply membrane roofing on cover board on rigid roof insulation over entire roof area. This would provide protectin over an aging concrete roof to seal joints from water leakage and extend the rooflife. Five bids were received: B &M Roofing Jagger Roofing CEI Roofing W eathersure Systems Glacier Construction $45,900.00 $50,309 .00 $53,646.00 $54,468.00 $75,800.00 Brown and Caldwell evaluated the bids and determined that the low bid from B & M Roofing was unacceptable because requested Alternates 2 and 3 were not received. Jagger Roofing is the recommended bidder at $50,309.00. Mr. Higday moved; Mr. Wiggins seconded: To recommend Council approval of the purchase of the bid for the rehabilitation of the Allen Water Treatment Plant Clearwell Reservoir Roof to Jagger Roofing in the amount of $50,309.00. Ayes : Nays: Motion carried. Oakley, Wiggins, Burns, Habenicht, Clark, Cassidy, Higday, Moore, Wolosyn None The next Water and Sewer Board meeting will be held at 5:00 p.m. on Tuesday, October 9, 2007 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Date October 15, 2007 INITIATED BY Utilities Department ATT. 2 COUNCIL COMMUNICATION Agenda Item Subject Flocculation Sedimentation Basin Access Monorail & Hoist STAFF SOURCE Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board , at their October 9 , 2007 meeting, recommended Council approval , by motion of the bid for Flocculation Sedimentation Basin Access Monorail & Hoist to in the amount of $ BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The flocculation sedimentation (floe sed) basin is the beginning of the water treatment process removing solids and organics from the raw water prior to the filtering process . The existing floe sed basin is 21 feet deep without a safe method of accessing the bottom of the chamber for maintenance. Maintenance involves greasing shafts , cleaning and replacing bushings and sprockets , all which require transferring parts, materials and equipment that can weigh up to 100 lbs . Maintenance is currently being done using ladders and ropes, which is d ifficult because of t he floculator panels located at the bottom of the chamber. The proposed monorail system with a hoist and baskets would provide improved access for maintenance on the existing flocculation and sedimentation basins and would be able to handle at least 500 lbs . The system will include monorail beam, trolley with Y:z Hp motor, supporting steel baskets and all appurtenances necessary to complete job. The monorail system shall be installed in the flocculation and sedimentation basin room. FINANCIAL IMPACT A bid opening was held on October 11, 2007 . The following responses were received: $.00 $.00 COM has reviewed the bids and recommends is the recommended low, acceptable bidder at $.00 . The Utilities Department budgeted $70,000'.oo in the 2007 Budget for this project. LIST OF ATTACHMENTS Resolution Bid Proposal Tabulation A TT. 3 COUNCIL COMMUNICATION Date October 15, 2007 INITIATED BY Utilities Department Agenda Item Subject Permit -City Ditch Crossing Agreement with Qwest on S. Santa Fe Dr. STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their October 9, 2007 meeting, recommended Council approval of the Permit-City Ditch Crossing Agreement and Temporary Construction Easement for Qwest on S. Santa Fe Dr. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utilities Department received a Permit for Crossing the City Ditch and a Temporary Construction Easement from Qwest for a telecommunications cable along Santa Fe. Qwest will be crossing the City Ditch with a single 1-1/4" plastic duct pipe containing fiber cable in close proximity to the existing telecommunications cable. The crossing is at Lot 1, Block 1 at Wolhurst on the northwest corner of Santa Fe and C-470 in Littleton. The Temporary Construction Agreement allows for construction of the encased cable to cross the City Ditch within the permit parameters. The permit will allow the encased telecommunications cable to cross 18" to 24" beneath Englewood's 48" City Ditch pipe 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 Permit -City Ditch Crossing Agreement and Temporary License Agreement. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Ordinance Permit -City Ditch Crossing Agreement Temporary Construction Easement PERMIT -CITY DITCH CROSSING AGREEMENT THIS PERMIT AGREEMENT, made and entered into as of the _ day of __ _ , 200_, by and between the CITY OF ENGLEWOOD, a municie_al corporation of Colorado, hereinafter referred to as "City", and 9we.s1"' ~RP. ( 4>!.0£.ST) herein referred to as "Pennittee". WITNESSETH: The City hereby authorizes Permittee, its successor, assigns , to install a_ ./ /J " .:;;.1~1..t:.. I 11( -PLA.sT11:. -r::>eu:.r ~ON7"1"1-l"''"'tlr hBER tJ?rtc. C/9751-£. --------------("Facilities") in the City 's rights-of-way for the City Ditch , described as a parcel of land situated in the ..St;((m tl)t.sr Q~'91r nti{ of Section 3 Z:. , Township S S"u71f Range ~/!J ~5 I ___ of the ~ ~ P.M., County of Arapahoe, State of Colorado described as follows: [See attachment] County of Arapahoe, State of Colorado, described on Exhibit A, attached hereto and made a part hereof, under the following terms and conditions: 1. Any construction contemplated or performed under this Permit shall comply with and conform to commercially reasonable 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 and approved by the City. 2. The Permittee 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, Permittee' s Facilities so that the City may, in its discretion , inspect such operations at its sole cost. In the event that emergency repairs must be made to the Facilities, Permittee may do so without providing advance notice, provided however that Permittee shall notify the Director of Utilities within three (3) days after the completion of such emergency repairs. 3 . Within the time period agreed to by City and Perrnittee and identified on the plans, Permittee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as reasonably 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 {#00776934 .117100-01609/8/200711 :47 AM) 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 Permittee. 4. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City 's rights-of-way, at any time and in such manner as the City deems necessary or convenient, in accordance with Colorado law . The City reserves the exclusive right to control all of the City 's easements and installations. In the event the 'PLAsru .. VClCT" Cl>Nm1w/R&-hSM UtlJtt.. should interfere with any future use of the City 's rights-of-way by the City , the Permittee shall , relocate , rearrange , or remove its installations so as not to interfere with any such use . Permittee shall pay for the cost for such relocation , rearrangement, or removal as required by Colorado law. 5. Any repair or replacement of any City installation made necessary because of the construction of the 7J.Asnc... l)uc:r Cd~/l'r/;>/efr /115~ CAt&i.£. or other appurtenant installation thereof, shall be made at the sole expense of Permittee. 6. The stipulation and conditions of this Permit shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis . 7 . Permittee shall contact and fully cooperate with the City 's personnel as reasonably required and the construction shall be completed without interference with any lawful , usual or ordinary flow of water through the City ditch. Permittee shall assume all risks to the Facilities incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 8 . All Trenches or holes within 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 percent (90 %) Standard Proctor Maximum Density. 9 . Qwest acknowledges that the following conditions are contained in Section 12-3-2 of the Englewood Municipal Code. By including these terms in this permit, Qwest does not waive its right to challenge the lawfulness of these conditions pursuant to the Colorado Telecommunications Act, 38-5 .5-101, et seq. the federal Telecommunications Act of 1996, Telecommunications Act of 1996, Pub. L. 104-104, 110 Stat. 56, codified at 47 U.S.C. § 151 et seq . or any other provision of state or federal law: a . The rights and privileges granted in this License shall be subject to prior agreements , licensee and/or grants , recorded or unrecorded, and it shall be the { #00776934. l 17 l 00-0160 9/8/2007 11 :47 AM} Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. b. 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. c. Licensee shall indemnify and save harrrrless the City, its officers and employees , against any and all claims, damages, action or causes of action, and expenses to which it or they may be subjected by reason of said ??li;tu. 7?"c.r ?1?,.-T?'f;1"'"~'1r n1UI(. "17'>&. ClfiS1.£.. -------------------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 repair of said installation. d. It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, of its option, have specific performance thereof, or sue for damages resulting from such breach. 10. 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 City, its officers and employees, shall not terminate in any event. In granting the above authorization, City reserves the right to make full use of the property involved in accordance with applicable Colorado law as may be necessary or convenient in the operation of the water works plant and system under control of City. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD, COLORADO Director of Utilities Englewood Water and Sewer Board {#00776934 .l 17100-0160 9/8/2007 I I :47 AM} The undersigned officer of QU)GS r ~1'~1JntHV has read the foregoing Permit -City Ditch Crossing Agreement and agrees for and on behalf of said __ _ Qu;c.~r CbR?~R,1f17~ , that it will accept and will abide by all the terms and conditions thereof. PERMITIEE: /U/-4-. By: ~~h'IR~~s 7~Ac~ Title: -PAt.u;.~ /f'tnt~trl Address : '/75"0 £. ~UA. /IP£. Phone: 3/$3. 781< ~z17 STATE OF COLORADO ) )ss COUNTY OF ARAPAHOE ) Acknowledged before me this Q2Lffiaay of~(, 2007 by ('tus-los -P/o.uu ~l£goJ.·~ \:\u..{boe.,rhi My Commission expires }c) ·di -0 --1 "::::\ t >-l.A..J? Ci\ U"\>.~ JLg__,_ J Notary Public My Co mmission Expires · 1 & )..1-0 .--) {#00776934 .117100-0160918/2007 11:47 AM } EXHIBIT "A" QWEST'S PLANNED PLACEMENT WILL BE 4' -5 ' BELOW EXISTING GRADE TO MAINTAIN A 1' CLEARANCE BEL OW THE CITY DITCH PIPE ,/ / / / ,///// ,///,_.---------N 'LY LIN E LOT I I EXIST. MANHOLE 1B' UT ILI TY I EASEMEN ::_ _ 1 BLOCK 1 /BASIS OF BEA RING-----------., N,89"5 2 ' 43"W '\ 1458.2 9' ',, / EXISTING I CITY DITCH BURIED PIP E 1 1/ _JI I I : I QWEST CORPORAT IO N '\ CO PPER CAB LE PER \ CITY OF ENGLEWOOD ', LICENSE RECORDED AT \ REC. NO. 82183515 \ ARAPAHO E COUNTY \ \ \ \ \ I I S89"52'43"E 50.00' / / / / --\~ ---,--------,,..--;:-_,. I ----------L-, ,, I \ / \ ~ ~-S89"3 4'35"E ___ / 1244.86 '(TI E) NW COR. LOT 1, BLK 1 POINT OF BEGINNING WOLHURST FILED IN THE ARAPAHOE COUNTY CLERK AND RECORDER'S OFFIC E BOOK 22, PAGE 78 SW1 /4 SEC. 32 T5S, R68W, 6TH P.M . REVISED : 09/24/07 LOT 1 BLOCK POINT OF TERMINUS ',, ,/( ',~-N87"49 '33 "E--'/ 1 63 58' (TIE ) NE COR. LOT 1, BLK I CENTERLINE LENGTH=SO.O'± ACROSS Cl1Y DITCH ROW I I I I I I I 1780 S. Be/Jo ire St., Ste. 230 Denver, CO 80222 m .:(303)753-9799 FAX:(l03)753 -•o•• PSM JOB!¥R6682 1.) PAR CEL OWNERSH IP IS BASED ON THE RECORDS OF THE COUN TY ASSESSOR . 2.) ACC ORDI NG TO COLORADO LAW, YOU MUST COMM ENCE ANY LEG AL ACTION BASED UPON ANY DEFE CT IN THIS SURVEY WITHIN THREE YEARS AF TER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MA Y ANY ACTION BA SED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THA N TEN YEARS AFTER THE DATE OF THE CERTIFICATI ON SHOWN HEREON . ACAO FIL£: R6682-EXH ONL Y.DWG DRAWN : ARS 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO SHOW THE LO CA llON OF THE TELECOMMUN ICATIONS EASEMENT(S) FOR QWEST COMM UNICATIONS. 4.) THI S EXHI BIT SHALL BE CONSI DERED NULL AND VOID IF ALTER ED IN ANY WAY. SUBDIVISION OR OWNER CITY OF ENGLEWOOD c~~;11~ PART OF THE SW1 4 SECTION 32 TO\ltNSH IP 5 SOUTH RANGE 68 WEST 1 "= 2 0' 1801 CALI FORNIA ST., SlE. s100 6TH PRINCIPAL MERIDIAN ARAPAHOE COUNTY COLORADO PAGE 1 OF 2 DENVER co 80202 QWEST JOB: 7221W5A LITTLETON EXC. R.O .W. JULY 12 2007 GEO COD E: 235190 A LICENSE LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, ALSO BEING A PORTION LOT 1, BLOCK 1, WOLHURST SUBDIVISION, FILED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE AT BOOK 22, PAGE 78: BASIS OF BEARING OF THIS DESCRIPTION IS THE NORTHERLY LINE OF SAID LOT 1, BLOCK 1, ASSUMED TO BEAR N89.52' 43"W A DISTANCE OF 1458.29 FEET; BEGINNING AT A POINT WHICH BEARS s59·34'35"E A DISTANCE OF 1244.86 FEET FROM THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 1; THENCE ss9·52' 43"E A DISTANCE OF 50 .00 FEET TO THE POINT OF TERMINUS; WHENCE THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1 BEARS N8T49'33"E A DISTANCE OF 163.58 FEET; THE CENTERLINE LENGTH IS 50.0 FEET. MORE OR LESS . ., I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREB Y STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. REVISED: 09/24/07 1780 S. Bellaire St.. Ste. 230 Denver. CO 80222 TE[.,(303)753-9799 FAJ(,{303)753-40H PSM ~OB#R6682 ACAD FILE: R6682-EXH ONL Y.DWG DRAWN: ARS SUBDIVISION OR OWNER CITY OF ENGLEWOOD c~V:;n~ PART OF THE SW1 4 SECTION 32 TOWNSHIP 5 SOUTH RANGE 68 WEST 1 "= 2 0' 1801 CALIFORNIA ST., SlE. s100 6TH PRINCIPAL MERIDIAN ARAPAHOE COUNTY COLORADO PAGE 2 OF 2 DENVER co 80202 QWEST JOB : 7221W5A LITTLETON EXC. R.O.W. JULY 12 2007 GEO CODE: 235190 TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (the Temporary Easement) is entered into this_ day of ______ , 2007 by and between the City of Englewood, Colorado, a municipal corporation of the state of Colorado, acting b:<' the through its Water and Sewer Board (Grantor) and QIQ£6r ~RPtJR/tTMAI (quiUT) (Grantee). '• WHEREAS, The City of Englewood owns a right-of-way for the City Ditch, a carrier ditch (City itch ROW) which is located as described on Exhibit A. " WHEREAS, Q/.0£G,r desires to install a I f'I 'Pt.'4Sru:. -r:>~c:r ~"'1"/19JKM'u hl!,lf(. t/16J.£ within the City Ditch ROW pursuant to a license between the parties. NOW, THEREFORE, In consideration of the mutual covenants of the parties, more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. Temporary Construction Easement. Englewood (as Grantor) hereby grants to __ t:S;/,d£sr-(as Grantee), its successors, assigns, contractors, and sub- contractors, a non-exclusive temporary construction easement through, over, under and across the City Ditch ROW for the installation of a FM.Sn~ "Dac.r ~,,..... ... """ F1~1.1\ pursuant to a license agreement (the Project). 2. Term of Easement. The Project will begin no sooner than and will be completed no later than . Completion of the Project will be deemed to have occurred upon inspection and approval of the Project by Grantor and this Temporary Easement will be deemed to have terminated upon such completion. 3. Access. Grantee shall have the temporary non-exclusive right to enter the City Ditch ROW for any reasonable purpose necessary or prudent for the construction of the Project subject to the following restrictions: 1) normal working hours shall be consistent with CDOT construction hours, Monday through Friday and 2) the operation of equipment and heavy truck will be permitted on the Englewood City Ditch ROW only during normal working hours. 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regarding as is necessary or prudent to restore the surface area of the City Ditch ROW to its original condition. {#00776934 .1 17100-0160 9/8/2007 11 :47 AM) 5. Indemnification. Grantee, to the extent permitted by the laws and constitution of the State of Colorado, hereby agrees to be liable and hold harmless the City of Englewood, its employees, tenants, and guests from any and all claims, causes of action, and liability which may occur as a result of the negligent or wrongful acts of Grantee in the construction of the Project, including the cost of defending against such claims. 6 . Liability . Grantee hereby acknowledges that it understands that there is water flow in the City Ditch from April 1 to November 1 of each year and that it will assume liability for any damage to adjoining property caused by water flow resulting from damage to the City Ditch caused by the Grantee's construction activities. 7. Insurance. Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of $600,000.00 property coverage and $600,000.00 liability coverage. Grantee further agrees that all its employees, contractors and sub-contractors working on the Project shall be covered by adequate Workers Compensation insurance. 8 . Assignment. This Temporary Construction Easement is assignable only with the written permission of Englewood,_ which permission will not unreasonably withheld , conditioned or delayed . IN WITNESS WHEREOF, the parties hereto have executed this temporary construction Easement on this date and day first written above. 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 control of the City . IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD By: _____________ _ Chairman Englewood Water and Sewer Board {#00776934.I 17100-01609/8/200711:47 AM} By: _____________ _ Director of Utilities City of Englewood The undersigned officer of QU>&.sr CttR1'~1Tf1tJ,./ has read the foregoing License and agrees for and on behalf of said tl?~-r C&11;:.p~'f{1tn67'! that it will accept and will abide by all the terms and conditions thereof. LICENSEE: My Commission Expires: Address: 'f1j~ £. ~6174M Av£. £N~U,(,l)Of>'7>) ~ ~// t.. Phone: ~3. 7~'/. t>t.17 {#007769341 17100-0160 9/8/2007 11 :47 AM} Map-Output ARAPAHOE COUNTY MAK WARRANTY AS TO THE ACCURACY OF THIS MAP OR THE DATA THAT IT DISPLAYS. ARAPAHOE COUNTY ASSUMES NO RESPONSIBILITY OR LIABILITY TO ANY USER. THIS MAP IS NOT A LEGAL DOCUMENT. IT IS INTENDED TO SERVE AS AN AID IN GRAPHIC REPRESENTATION ONLY. http://gis.eo.arapahoe.eo.us/servlet/com.esri.esrimap.Esrimap?ServiceName=WebMao&CJientVPr~irm= Page 1of1 '7 /')(\/'°)(\(\'7 TO: FROM: DATE : RE: MEMORANDUM Englewood Water and Sewer Board Bill McCormick, Operations Supt. -Utilities /~ September 26, 2007 Encroachment Permit for 3501 W . Tufts Ave. A TT. 4 It was discovered that a utility shed at 3501 W. Tufts Ave. was encroaching into Englewood's drainage and utility easement. The shed encroaches approximately 8' x 16' into the existing easement. The attached Encroachment Permit and Indemnity Agreement was drafted by the City Attorney's office, reviewed by Utilities and Public Works, and signed by the owner, Maximina Medrano Valladares . There is an existing easement agreement dated 1970 that was for drainage only and did not address the sewer main easement. The Encroachment Permit and Indemnity Agreement will address the sewer easement and allow an encroachment for the existing shed. ENCROACHMENT PERMIT AI\1D lNDEMNITY AGREEMEl\TT TffiS AGREEMENT, made this 9-'-It day of oc 10 f3€ R , 20ol , between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, andMA>9MO MEOiUlt.J.O 'ifA1..1..(]-0 l112fS whose address is 3Sot i,tJ , TVF TS Ave· , a permit to encroach upon a Drainage and Utility easement, owned and controlled by the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, and legally described as: Southerly 16 Feet of Lot 5, Block 8 Pleasant View Second Filing See attached Exhibit A. ''. The aforesaid property owners and their heirs and assigns understand and agree that: 1. That this permission is revocable at will and without cause by the C ity of Englewood without hearing and without notice other than Notice of Revocation. 2. That the property owners shall remove said structure(s) from the public right-of-way within thirty (30) days after receiving Notice of Revocation by personal service or certified mail. 3. That the property owner estopped to deny the right of the City of Englewood, Colorado, to revoke the Encroachment Permit or to deny the property rights of said City. 4 . That said property owners agree to reimburse and indemnify the City of Englewood, Colorado, for all necessary expenses of whatever nature that may be incurred in revoking this Permit, removing the structure(s) placed in the public right-of-way, or any other expense as a result of granting the Encroachment Permit. 5. That the said property owners shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this Encroachment Permit and Indemnity Agreement, and the City of Englewood shall be held harmless from any and all liabilities arising from this action. 6. That this agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assigns, and successors of the respective parties. IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. CITY OF ENGLEWOOD a municipal corporation By: ~~~~~~~~~~~~ Stewart Fonda, Director of Utilities 1 By: ___________ _ Rick Kahm, Public Works Director PROPERTY OW1\1ER Subscribed and sworn to before me this /Cf'~e{. < :-'..,, /}..t~ L _:£-· day of ___,-'"J_~1----'Y-_' ____ , 20 . STATE OF COLORADO ) ) COUNTY OF kM1@& ) SS. r "• The foregoing instrument was ackno wledge? before me this ( f<~ay of Ft1= 20 D? , by >IAc:.:K<~ .... .,,_0 ~~. Vo~~ Witness my hand and Official seal. c;rµI&:/ Notary 2 Date October 15, 2007 INITIATED BY Utilities Department A TT. 5 COUNCIL COMMUNICATION Agenda Item Subject Joint Defense Agreement with Aurora and Northern Colo. Water Conservancy District STAFF SOURCE Stewart H. Fonda, Director of Utilities '' COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their October 9, 2007 meeting, recommended Council approval of the Joint Defense Confidentiality Agreement for the FRI CO/United litigation. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Englewood 's water rights attorney , David Hill of Berg Hill Greenland and Ruscitti, submitted a Joint Defense and Confidentiality Agreement to allow Mr. Hill to work with the City of Aurora and the Northern Colorado Water Conservancy District (NCWCD) on the FRIGO/United litigation. This agreement would allow Englewood, Aurora and the NCWCD to exchange information and share costs and strategy during the FRIGO litigation. With this agreement Englewood does not compromise its water rights in any manner. The agreement grants permission for the parties to work together for this specific litigation only. The FRIGO litigation is a series of cases being filed by FRIGO, East Cherry Creek Valley, Henryland and Burlington Ditch and Reservoir and is the largest request in the history of Colorado for water rights changes on the South Platte River. The FRIGO participants have submitted applications trying to change water rights from agricultural to municipal use, alter augmentation plans and change points of diversion. Denver and FRIGO have a 1999 agreement that allows Denver to divert out of priority, which would injure Englewood 's water rights. Denver and FRICO's agreement affects the Burlington call, which means Denver could divert out of priority . Downstream reservoirs would fill slower, affecting Englewood's Mclellan rights. Englewood has previously hired David Hill for the FRIGO litigation to represent Englewood rights and ensure that historical patterns of diversions are protected. Since the FRIGO litigation is requesting to change a great amount of water rights, Englewood wants to insure that the litigation is lawful and in accordance with past decrees . FINANANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Joint Defense Agreement with Aurora and Northern Colorado Water Conservancy District 11 i'.\R-20-06 MON 08: 24 Al1 NCWCD-HQ FA :~ NO. 870 5:32 084? I 1,1 •' ' ,. . . . l '!'bis Joint Defenso Agreement ("Agr~ment") s•f'i:S forth thi~ U1I1d.err;;a ,1di11g; cif tlw City of Engl~wot)d (''Euglewood,11), the City of .A\ll'otil. ("Aurom":J, 1111 d Lie rlt:>rthe~r. Cqlotado Water Couserv1mcy District ("Northern"} aad their reuvr;:ctiv1; co t:msel. (collectiyely the 11!-'art.ies") Jn connection with WE:t<~r C01ut Ca~e No1 :. 02CWlOS, 03CW1W: 04CW174~ 02CW390 1 O:lCW&5, 03CW218, 031CW4,,1 2? 04CW085;. 04CW3S6; 04CW362; and,,04CW365 C'Water Matf:ers~). I!ml~BTIES' COMMON lN'fEREST TN 1r.EQH~@IJWJ~i.b.J:l~:M .!dHl~~i The Parlles tnay make available to eltch 0th.er :prMfogecil i1~1~:m1 1 atfon,. bod1 verbally ancl in writln~. including notes, documents, m«imora11d1 t1 ~.t i d rese~1rc:h ('1Cmnmclfl Interest Materia1s 11), relating to the rcr.pecfrve representutimrn c·f Piir~ien l n cmmi~ctio11 with tbe Water Matters . The Common Intt:test Matcri1 tl1:1 111 11y r13l.1e·~ m:d in1:iJt·por111e wnfidentiat oommunicittions made by ~h.i, l 1artie~1 to ·thllb 1;: ·1;t iel ,. 11nd l:y thdr counsel to them, nnd are protected by the attonwy/di<mt 11rivil<i,gc · fl'or.c. dlsdo:i1:N, and thc;refot·c, am intended to be insulat~d from eX':P •:>ti\tre be:yond ·tho :rn r'.i nci <>f ·~b~ Prirtles (the "Common Interest Prlvltege"). See 1?.g. lvlaUer of Gmnd J1Jry S11~po1!lla Dur,~~·Tu.'ui'fl 1 daktJNovember16,1911, 406F.Supp. Hl (S.D .N.Y. 197!i). Inadditk11~ th~ Cotnn'.lon foterest Materials nre protected from d~sckiBUre ai1 a rnml:t of foe ntt:omey woi'k-produc1 .doctrine or other applicable privileges. Se ·e e.g. 1h~rmnt.rr.i1· Pto<irJcfS Co'J'· 'V. Mon~an to Chemical Corp., 26 l7.R.D. 572 (S .D.N .Y. l S160). Th~ Pa..tile$ arc milking th~ Conunon lnternst Material:11 a:vailahfo ta each otlwr bc\'.lat1se the Parties intend to coopCll'ate to reduoe cxpens1,a, i:mprove e1fflr:~1~11 de s, Jm;rc1~se con:umuiioitlcms, and reduce the llkelibood of pote11tila! Habilitfos cf 1ho /.'a.t t ie1; uid nn.Y ()thc1t' party who may, in the future, become involvvd in the Wirter Mattem. 0e.::a.usc1 cf the privile3e.d ~1sture of the Common lnterest Materlah, those i:naterin.fo wlli b6 rih6uc.j n.mong the Parties with the express understRnding tba~ tl:1e: P.artie11 sh!l.11 not comnu11fonte the ~•ontents tliereof to others, becKu11e tho exchange1 of Common lotemtt; l1fot1.riah is 1t.ot made for the purpose of allowing unlimited publication 1>r use, bLlt Jn 1~on:~ide:c~ce, for ·th 1: liinited and rnslricted purpoi>e of assisting r.he Parties in a.d.vancing the W<1te r ?·,.foMn tn .1 suocor.sful ;;:onclus!(ln. Tht ' P<1rties understand that the purpose of th :i.s Agreement is tc1 fht:'.l J :;n, crnru11 .t:>11 int<1r~st rnprei;entatlon by increasing the information flciw beitwcon the J.lwtics. Th·~ Pnrt.ies r~cogni:r.e, however, that under some ch·cumst1mc:e..~,. informatio1~ ktwwn to ci:m Party may t11ot he sha.{ed with the other Parties to the Agrne:m1mt. No'lhin@: in this Agrcemefl.t is intended as, sbnU. ·~oust:itutc\ Ol shall be; iute~9ret1?d, <:1>t1.slrucd c1r u sc.·d as evidence of an admission by a Pairty o0f any ·~rrongdoh1 Gt, fiatdl f:ty t:1:~ fault (in.cl1.1ding comparative or prop011lonatc fault), a 'i'f 'aiver 1;.f' s.n;~' p:ridI1 ,g1~, claim, dght or defense, estoppel, or 11.n admission as to ony tnattel' •of law or fo ..• t, either :H btm¥oon tll.e Pa:rtics or with respect to any person or enti1y Mt~' party to 't ~fa. .'~gre<lm~clli provld(':d, however, that any Party shall be entitled ·10 use this Agreement to enfurce .its tenns. P. 02 ' " i.: :.' I·• I •\. " . '' I I• ' " ' ' ' ' . : . M11R-20-08 MOI\'. 08: 21 fi11 NCWCD-HQ FAX NO. B70 5:32 09!1? , .. tf any person or entity not a part to this Agreement ret:1u 1c:sts or ilemallc1!1,. by Sl\bpoenl\ 01· otherw.ise, any Con1mon Tnten:st Materials from any I'mty x from an:y .?arty1s ugcml, employee, consulta.nt, or representative> such P&;1y sliall : {0 ir1tm1di.11td:y notify the other Parties, and (2) nt11sert the Commc·n In1ere1rt Prlvifog1~ 'lirit.}1 M&pf:C)t ti:· 1he1 requ 15sied Cmnmon lntertii1t Matc1rials. Each P1uty and each J>11rty'.~ rn:p :!rtive 1xmn:a:l shall take all stepis nocesRary to assert all applicable rigbts and pri't'ile,g1~~ -v rit h r·~s1pe1;t t'J suc:h Common Interest Materialsi and shn.11 cooperate folly w:oh the otl:nr :P..utfos iu an:v judicial proceedings related to the disclosure of the: Common I:n1m •st :M'.w:cr.i eJs. Tl ie intent of this Asrccmcnt is to pre11erve any pr~vilege a:;i~1lL:able to· the , Ci)·mmon foler~t Mr:rterialii while. puriiui·ng the P~trties' ''oommon intororr: awl to keep all Common Ii:r.:erest Materials confidential to the max:imuni eittent Etl.krw~:d by 1.1tv1'. A Patty's disd~sure of Common lntcreRt Materials r.xc.h1mgt:d pum1e :nt to thh Agreem .cmt. shall not b~ deemed a waiver by the other Parties of their rlgl1t ti:> 11..srnHt a claim. 1)f the Cori1mo11 Iniete$t Ptivilege and ittfomey/client or work-product privileg1~ ~1ri ::h r1 ~spci:t t·J any Cotn111on Intercs.t Matoria.ls. This A.grcc,ment shall be bfoding upon cachr Party even aA :er the 'll/,1'te 1· Mtttcrn aH: dec:ided or N:mlved, whether by 11ettlernt:nt, judgment, dismissal, or oth ::r wisu es to tJ1a.t ·respectivc 1 Pntty. This Agreement, its terma, the fact oOts e1cec\1tlon and ill dilicus1:·i uC<5 aroimn th.e Pl!lrties. their attorneys, offioct'S., directors, age:ntr., o~n:~It:nnts:, l'epn :1•~r ~at\~t(:s, at1.d employ'oos with regard to the Agreement, are tht:mselves su'b~ eci: ti> ·tlrn ait:orney/clit:n .t and ·~ork -pnduct ~1rivileges, and each Party agrcc:s thlJ.1: the C:munon Inkrnt l?Jivi l.(:g.e 1ind any privilege shall be U9e?'ted io. response to tmy subpo~nE1 N rnq_'lest for 1t11e productic1n of th<~ Agreement 01· h1 re.o;ponRc to any Jnqutry as to its terms, fa o fac1t Qf its ' · execution, or discussions relating to it. This Agreement confirms a VGrbal agree i:.n <:r.it prc •vious'ly road .. ?.d i >etw~ien 'th·~ ~11.1tl1ls. AU pl'~vio11s privileged communicatlonu, a·111t all Cocm1o•:n Irrt(:wst M a1r.rittl g proviousl;1 ~xchanged, between th() Parties and their r·~spe:r ;iive lli'=l:on'.1e :1 s:, oflir:e;-s, dirnctors, i1g1mts, employee.i;, consultants, and repr.~:;er 1tatlves, :!l">f · trn.bj ect to tht; Agrccmeltt . Neither the ~xecution 11.or the performance of this Agroement 11lwll !·ei;1J!t iu. th,n inability c.f any party to this Agreement to use any dab o:ml:ributod by it f •:· It::> effort, 1ny raw data.1~en~rated under this Agrnement, or any exp1!1t opfniolfl which h:rn hnn o:iHck.::; ~11 to either p.utfos in this or other litigation, in other orngo.in.g: or su.hs~q.ui:nf r:;11:t tlo tl. Any ?arty may withdraw from this Agreement by giv ing writt1:1.1 1:,:11'tce tcr •!:\'•:ry ?thcr Party <)fits election to withdraw . 9411\'lll\DGil P-i.I P. 0:3 I I ~ I I I i i i I I liAR-20-06 MON 08: 25 A11 NOWOD -HQ FAX NO. H70 5:32 084(. , , " . ' ! . " •', I .. . ;.: . \ .': ' ' ·.' : 'I .: I ' ' I " .. ' .. Afly · Party that withdraws from this Agro~:a1ent, t.c1gelher wi lh rouch :Pa.:rty' ~· rcii;p~ctive cotmsel; remains subject to all confidentiality prCtvisilons herdn as ·ihey penaln to informE.tion therctoforo received, but not as to subseq 1J·~n1: intbrmatioii. In tho event a Pl\fty reaches a settlement with Applic..!!lnts in ttw Vhte r M1u:~rn: (The "Settling Party"), the remaining Parties to thir. Agmement rnny crcl.Ji k·:Y or 1;onl:1nm: to 1:rnploy the Settling Party's engineering experts and utitir.e tt.1e:ir preyh md y dcvckrp1:d analyses Md :reports which were developed ln co !11junc:tfor1 with t'hc W1.:~r:,r M&.tt~:ra s:J1 c1 exch:~iigtid p11r.11uant to this Agreement. lWSCE;LLANEQ]L~. Bach :?arty understands Md aclmowlcdg<:s tha1i it fa repr1:;51ti:r :ttl )OlJ' by itn attcimeys in this matter, that white an attm'My rept-esen!:ing any Clthe:r P11u.·ty J1as a. di:rt~1 1(1 pre$t.rve the confidences disclosed to hiru or her pu .rsuant to th.is Ag.r:~ffi.1e11t 1 fao attC1rr.ieys ·ept'escnting any other Party will be acting 011.ly iu: at:u:rm:y~. :ti :i r th~t oili.er Party an~. will owe a. duty ofloyalty to their respective c'lient only. Jfoch P '.ar:~!' 1vil ! puy for· tlHi :!lervj .-~e.9 Df !ts respective attorneys, O\lt nothing herdn !ihi .11 v1>id llJ)' scfo:eq1;.~:rr: agt'c~ment beti;'Vcen tho Parties, if any, to Indemn ify 1my <1thm· Party fi:>: Ht1:)l'Jl.cys' foei; and costs or llh~e in such foes and costs . Ellcli Party understands that the Parties may llOW or in -tho folo r.e ha;ve 1 s•e>:orn advo 1r11 e ir·tts re~ts and t11at th~ shating of sorne confidences p~:1 i:u:int lo thfr Agr1~1-:r1reh·t n1ay lead tq potential confllcts of interest of the vadous atti)meys iY1 1b:1 fht\.1n:'. T :~.o Parties dv riot intend that the ex:change of Common Interest: Ma·.1er i1tl b t._, the fluurn disqualifica~loo of their respecti ve attorneys ancl uurec that they will 1mt rr ;ov·ci br disquatiffoatio1\ ()f attorneys in the Water Matters o:r any other 0caSC1s •:111 1wxlu11t cif t:rn exchange of Common 'Interest Materials pursuant to thi :; A.tremnent 1ui d. waive my . cor.ifl~c-ls Eris \ng from the sharing of such contidenc;es . C~i lms.do law shall control the interpretation ill~d enforcmnont d' lks Agree1111·~Ht. Tllis Ag(C)~ment may be enforced in the Dlstrlct Couit for Wister :Di:vi:ifon On.a< in ·weld County, Colorado by a temporary restraining order and: inj1:111cti.on i111:nc 1:111:i:r oh bi:muih or OJ1ticip 3to1y breach. Tha parties accept jurlsd ict iM and vmme In tt~tl •X>tll1 , All)' modificafio11 to thi11 Agreement shall b"' in writing und si2;ned by all Parties. Tb ls .Agreement ~hall be binding upon the sui;c ;e.ssors and a:isi ,!:m o f' thu :e~i:tirn ru:d their respe9tive couniiel. Nothing in this Agrooment shall be deemeCI to cr1~ate a Jiar1n(irs:t1ip , jdnt v-enh1rn , and/cir princip11l n.nd 11gent relationship between the Partic111 and/or lhr::fr r1eSJ1E:1::.J1E1 co11..11sel. 'ft.e headings contai11ed ln this Agreement :~e for con•vc:niunc;e •:>(' 1~,,:~·ere11ce only and ~ro not i11t.ended to limit the scope or affect the i nfo~p:retaticm. of this Ag;1 ·e ;-:mc11t. Jf any provision of this Agreement is df-emed b1valid 1)t rn 1.m;fo :·ceab ]e, tlw bKl ::trJce of the Agreement shall remain in full force 11.Itd ''1fet::t . . ' . 94 I l\l~l\9671 0 l.l P. 04 \' ' ' I ' ' ' ' . : . ': I • I ,' ,'I " I '. ,. 'i 'i . . , 'I . : .. ; ' ' i . ". •I .. : : ' ' ' ' •' ' .. : ' ' ., I .. ''. ' : I !' ' .. . '. ,, ' 1 1 'I ' ' ~ .. I. ' I !.' I ., : > . '· .. ' 11f\R-20-06 MON 08: 2 3 f1!1 NCWCD-HQ FAX NO, H70 5:32 ('j !l; This Agreement constitute:& the entire current u11di:r$l~~1ding c,f tl u~ PS-{ties a.nd their respective counsel with re!lpcct to its subject mal:ter and su11e1s~d =;1 !; any prevfo1rn oral or written agreements relating to the subject ma.tter. i:>fthis Agmiment. The F'ro ti~n ackaowlerlge t.hat thi!I Agrcem . .ent is the; mmlt <Jf j1~i rr t 1egoti~.1:io:rn among th e P:lrtl~s, and agree that this .t\greement shall not be com:tn11!1I flr lnteqm :fod against atl/ .?arty on the grnunds of sole or primary authi:>:rship. Ef1ch person signing this Agreeme11t repreBeuts unc1 w~m-ai1~1 f~t(: hli <>I' sb1~ Im been duh• authorized to enter into this Agreement by the entity ·on wh:i se behalf :it iEI indicate'd 1hat the person i11 signing . . , Th is 1\gmmrnnt may be executed in count<!rparts ea .ch l)f which nhn l1 be dle4!1 i 11~c 1 an ori gin a). Da tcd: -.. ~ ··--- THE cnrY OF ENGlEWO (ll) P. ()!) By: __________________ -----~···-·-···--·- StewEcrt H. Fonda Its: D!.rectcir of'Utilit.ie:s lJE:pi r ln •ent NORTHERN C:OlA)RADO 'i\lA'fF..l . CONSBll.V ANGY DISTRIC ]{' s.:.-.%.-:J' 'I t ' . /} ., :Sy : _s _ _.,~~!::{~:::~l><!! .... !.l.~?=~~~~e:-?.:~----·---· Its: ~~Dgi:l£:&;~)'..,_JJ:U'.il;~: ~!~~·il·t~---·-,. ----·---·- l I ~ I ! MAR-20 -06 MON 08:25 AM NCWCD-HQ ·, .... •' '•, I •' ' . . ' , . . '·. .;z ~ .... --(~ Di,.t.ed : ~-_,.,T-·_· ~_·_:~_?_ Da1ed : 3 J 2 I l-v,b .. -.. 1--~ ............... (~ ... ----1•.H ' . ' .. '' ' ' I FA X NO . 97 0 5:32 1)9 4;'. 1712 l:1ea.rl. Stf~·:t Boulder, CO 80302 (303) 402-1600 Specia l Water Co\lus1~l for Cit y of Englewoo .!---...::::::==-· ..,. I (' ,,,,1~~· ~) 'I P, 06 ,,,,t!.~f )I ' ve~~s~~~=:=~~:=------·-----··----·---- stein.::H~~tt.&..l.~rber, 11 .C. 410 Sevcntt1f1nth S:bree~, 22n d Ffo"r Denver, CO BO:W2 (303) ~23 · 1100 Attorru~y s for the Ci1:y of Au :r·Jnt e nett Raley DougSmc,r 1120 Linc 1)ln. S tret~:, St1ifo l 150 0 Denver, CO HO:t03-2 141 (303) €61-1963 Altom1~ys for the NNth.ern Cnlc1n do ·wa.i ur Conservancy Di.strict .... Daniel L. Brotzman August 10, 2007 Page 2 ATT. A general overview of the work on the FRI CO /United/East Cherry Creek cases is as follows: The inability or refusal of FRI CO and its associates to provide accounting as required by last December's decree has resulted in a great deal of effort to obtain compliance. Progress has been made , but it is slow and frustrating. In vi o lation of the December decree and of various assurances made to the opposers, FRICO h a s been st oring so-called "Sk " water obtained from Denver in Barr Lake , which complicates the accounting and can result in the diversion of excess water. Negotiations on that issue are under way and have been time consuming. FRI CO sent to Englewood an interrogatory requesting a description of the injury Englewood suffers from the 1999 Agreement between FRICO, Burlington and Henrylyn and Denver. (That agreement changed the priority date of the 1885 Burlington right to 1909 , which allows Denver to take more South Platte water.) The injury description is a key matter, and a good deal oftime was spent with our engineers in analyzing the injury and preparing the response . In order to fully answer the FRICO interrogatory, it was necessary to obtain records from Denver. Denver refused to voluntarily provide them, so it was necessary to prepare a discovery request requiring th at they be produced. Additional items were covered in the discovery request. On the day before he left office, Hal Simpson, the now-retired State Engineer, issued a "rule" which might validate the 1999 Agreement. To avoid that possibility, Englewood prepared and filed a Protest of the rule and a corresponding Motion for Determination of Question of Law in the case which challenges the 1999 Agreement. Extensive negotiations with c0tmsel for the State Engineer followed, which were unsuccessful (the State Engineer in essence just demanded a concession). Finally, we commenced preparation of Motions for Partial Summary Judgment. With respect to Como Reservoir, we have prepared a diligence decree and negotiated with parties who oppose the decree. Aurora and one or more South Park entities have expressed an interest in joint development of the reservoir , and have asked for information about the project. We are trying to keep the negotiations moving. As noted in earlier letters , Aurora 's attempt to get a decree authorizing use of its re -usable return flows foundered on poor engineering. The trial has been postponed , and new engineering is .... Daniel L. Brotzman August 10, 2007 Page 3 to be forthcoming. There have been various motions and pleadings filed by others, which have required our attention. The remainder of the cases are described below. 1. General (#001): This matter is our general file for work not attributable to specific cases. In some instances, the work is not specific to a particular matter. In other instances , the time spent on any individual matter is not large enough to justify a separate bill, but the time on the group of matters is significant. This includes charges related to general calendaring, reviewing various daily incoming pleadings and correspondence, overall case management and other activities that are not case specific. It usually includes preparation of many statements of opposition. 2. Colorado Division of Wildlife (90CW123) (#215): Applicant seeks 75 acre-feet of storage in Chatfield Reservoir for fish, wildlife and maintenance of storage reserve. It also seeks augmentation and exchange rights forreplacement of depletions the Chatfield Fish Unit. Englewood entered this case because of its location and because it relates to the fish hatchery. We reviewed a notice of rescheduled Referee status conference. 3. Colorado Division of Wildlife (94CWO 12) (#331 ): Applicant seeks a 2,000 acre-foot storage right in Chatfield Reservoir. Englewood entered this case because ofits close proximity to its diversion facilities, rights in the South Platter River and aspects of Applicant's decree in 80CW 152 . We reviewed a notice ofrescheduled Referee status conference. 4. Buffalo Park, et al. (94CW290) (#341): Applicants seek ground waterrights, surface water rights, change of water rights and an augmentation plan, including exchange for the purpose of providing augmentation water to four subdivisions located in the Bear Creek/Turkey Creek water shed in the Evergreen area. Englewood entered this case to preserve retmn flows from Warrior Ditch. We have reached a stipulated settlement with applicant and will continue to monitor the case for compliance with that stipulation. We reviewed pleadings regarding extensions to file answer briefs by several parties. 5. Colorado Springs and Aurora (95CW272) (#357): These cities seek a conditional water storage right in the amount of 30,000 acre-feet from Homestake Creek; a conditional water storage right for aquifer storage in the amount of 90,000 acre-feet in the Camp Hale area; a conditional water right for an underground aquifer called the Eagle Park aquifer ; and other diversion rights and storage rights. They also seek to augment the out-of-priority depletions caused by the pumping of their well fields. Englewood entei"ed this case because of the magnitude of the appropriations and to monitor the augmentation plan. We reviewed a notice of withdrawal of Bill Caile as counsel for Public Service. Daniel L. Brotzman September 12, 2007 Page 2 First, in the interest of the budget, the bill has been reduced by $3,269 .50 from standard hourly rates. The FRJCO/East Cherry Creek/United cases have of course consumed the bulk of our time. A bit of history is in order here, to explain the overlap ohv,.:o segments of these cases, and to explain where we are now. These cases constitute the largest change of agricultural rights to municipal use in Colorado's history. The Applicants (FRJCO, Burlington, Henrylyn) had been over-diverting on their rights to an enormous extent, perhaps 35 or 40 thousand acre feet per annum, for 85 years or so. The over- diversions injure Englewood. The Water Court has set the cases for trial in several segments, beginning with the first segment, which was to have been tried in October of 2006. The first segment dealt with the fact that the FRJCO parties (FRJCO, Burlington and Henrylyn) had deliberately ignored the "one-fill" rule for reservoirs, the rule that reservoir carryover is charged against the next year's fill, and a number of related accounting rules, creating over-diversions of perhaps 25,000 acre feet per year. The first segment settled, with a decree entered last December. The decree required accounting which would eliminate the over-diversions. The FRI CO parties blatantly ignored the segment one decree and diverted just as they always had! This resulted in a flurry of threats to re-open the litigation, meetings by our engineers with the Division Engineer and the Water Commissioner, and consultations by our firm with other opposing counsel and counsel for the Division Engineer. As a result, it appears that admonitions from the Division Engineer and Water Commissioner were made to the FRICO parties about promptly correcting their accounting and complying with the decree. After those admonitions, the FRJCO people hireda consultant to set up a proper accounting system and began to work very seriously with our engineers and our firm and the other opposing counsel to get into compliance with the segment one decree. At this point, the FRJCO consultant and Kate Griffin, of Martin & Wood, have agreed on all significant aspects of a new and correct accounting set up, except for one item. That one item is whether FRI CO can divert to cover evaporation losses on the 1909 Barr Lake decree. I am hopeful that we can resolve that issue. Those matters took a great deal of time in August. A second matter which took a great deal of time in August relates to the "1999 Agreement" between the FRICO parties and Denver. In the 1999 Agreement, Denver and the FRICO parties agreed that Denver would give FRI CO 5,000 acre feet of reusable water, primarily Denver effluent. In return, the FRJCO pa1iies agreed that they would not place a call on their 1885 storage right. The Daniel L. Brotzman September 12, 2007 Page 3 absence of the 1885 call allows Denver to take substantially more water on its Strontia Springs rights, but it slows the filling of the storage rights of the FRI CO parties. Englewood's junior rights cannot divert until those storage rights are filled. So the 1999 Agreement injures Englewood. Englewood has challenged the 1999 Agreement in segment two of the FRICO cases. ', The former State Engineer, Hal Simpson, allowed the 1999 Agreement after talking to Denver and FRICO , but without consulting with Englewood . On May 30, 2007, the day before his retirement, Mr. Simpson issued something called a "Written Instruction and Order" to his subordinates , which can be construed as legitimizing the 1999 Agreement. Englewood challenged Mr. Simpson 's document , by filing a protest with the Water Court and by filing a motion in the FRI CO cases. FRI CO and Denver of course seek to attribute some s01i of binding effect to the State Engineer's pronouncement. The State Engineer's counsel has been backing away from Mr. Simpson's document. His brief filed in response to our motion conceded the relief which we wanted. We are now trying to reach a stipulation which will eliminate risk from the "Written Instruction and Order'', and we are hopeful about it. This issue also took a great deal of time in August. Finally, in August we answered or outlined answers to contention interrogatories from Denver, and interrogatories from FRJCO , relating to the second segment. Both took considerable time. The second segment will deal primarily with the following aspects of the cases: 1) what has been the lawful historic agricultural consumptive use of the water which was actually released from Barr Lake or delivered to the Henrylyn area? Among the issues to be dealt with are a) the 1885 Burlington ditch rights have been expanded by use throughout the FRJCO area; b) the calculations of consumptive use made by the FRI CO paiiies do not account for sub-irrigation or well irrigation; c) the FRICO and Burlington decrees do not allow use of Burlington or FRTCO water in the Henrylyn area. 2) Applicants seek a new downstream point of diversion for their rights, below the confluence of the Metro Sewer outfall, Sand Creek and Clear Creek, where there is far more water in the river. The new point of diversion caimot be allowed to increase historic use . 3) FRICO is building a new diversion structure 800 feet upstream from the old one, which will take considerably more direct flow water than the old one . Direct flow diversions at the two new structures must be confined to historic ainounts. 4) Once-intermittent streams called First, Second and Third Creeks flow into the Burlington Canal , and do not flow out, even when the canal is not in priority to take them. These streams are now perennial and significant, because of housing development and development around DIA. A mechanism must be developed to prevent capture of the water of these streams when the Burlington Canal is out of priority. Daniel L. Brotzman September 12, 2007 Page 4 We are working on all of those issues. The second segment is set for four weeks of trial beginning next April 21 . Only minor amounts of work were put into other cases during August. Among them were our efforts to obtain a diligence decree on our conditim;ial Como Reservoir right, opposition to Aurora's lawn irrigation return flow case (which we are attempting to leave mostly to others), and a complete legal outline and history of the City Ditch rights . The remainder of the cases are described below. 1. General (#001 ): This matter is our general file for work not attributable to specific cases. In some instances , the work is not specific to a particular matter. In other instances , the time spent on any individual matter is not large enough to justify a separate bill, but the time on the group of matters is significant. This includes charges related to general calendaring, reviewing various daily incoming pleadings and correspondence, overall case management and other activities that are not case specific. It usually includes preparation of many statements of opposition. 2. Colorado Division of Parks and Outdoor Recreation (93CW121) (#322): This case involves an exchange right (absolute and conditional) upstream of Englewood's senior South Platte exchange rights in W-8456-76. Englewood entered this case to ensure that the sources of replacement water are proper sources and that the exchange is not exercised when Englewood needs water for its exchange. We are continuing to monitor the pleadings in this case . We reviewed a notice of Referee status conference. 3. Buffalo Park, et al. (94CW290) (#341): Applicants seek ground water rights, surface water rights, change of water rights and an augmentation plan, including exchange for the purpose of providing augmentation water to four subdivisions located in the Bear Creek/Turkey Creek water shed in the Evergreen area. Englewood entered this case to preserve return flows from Wanior Ditch. We have reached a stipulated settlement with applicant and will continue to monitor the case for compliance with that stipulation. We reviewed pleadings regarding extensions to file answer briefs by several parties, answer briefs by Bear Mountain HOA and Mountain Mutual and North Fork Associates, and pleadings regarding motion to strike answer brief of Mountain Mutual and N01ih Fork Associates. 4. N01ihglenn (97CW369) (#429): Applicant seeks approval for a junior water storage right for 5,000 acre feet in Stanley Reservoir. Englewood is in this case to preserve the validity of its agreement with Thornton and Westminster as settlement ofEnglewood' s opposition to the change of their Stanley Lake rights. It appears from the records in this case that Englewood may not be 'Vast tinderbox threatens Colorado's watersheds -MainStream -Publications -A -r T. 7 ·~~American Water Works Association The Authorit ative Resource on Safe Wat·er Posted: 09/25/2007 From the print Vast tinderbox threatens Colorado's watersheds As the wildfire season ebbs this fall , a group of Colorado water managers, foresters, and scientists are all fired up about protecting watersheds from forest fires that could ravage drinking water infrastructure. Seven Front Range Colorado water providers met with representatives of the Colorado State Forest Service, US Forest Service, US Geological Survey, National Park Service, other related entities, AWWA, and AwwaRF at an August 15 workshop hosted by AWWA in Denver. At the half-day meeting on Protecting Front Range Forest Watersheds From High-Severity Wildfires, forestry Damages from two wildfires continue to plague Denver Water watersheds in the foothills west of Denver. Photo courtesy Denver Water. experts and water utility managers with first-hand experience spoke about the link between forest fires and drinking water quality. 'Water towers of the West' "Seventy percent of Colorado's drinking water comes from headwaters on forest service land," Rick Cables, Rocky Mountain regional forester, USFS, told the group of nearly 40 workshop attendees. "We are the water tower of the West." Colorado's Rocky Mountain forests encompass 11 watersheds that provide water for nearly 4 million Coloradoans-two thirds of the state's residents-said Dennis Le Master, senior fellow at the Pinchot Institute for Conservation i n Everett, Wash. As the snow melts in the spring and early summer, water drains through the 11 watersheds before being transported through nine conveyance systems operated by seven major utilities from Fort Collins to Colorado Springs. Some 2.1 million acres (850,000 ha) in eight of the eleven Front Range watersheds are rated at level 4 or 5 wildfire hazards, Le Master said . Level 5 denotes the highest http://www.awwa.org/publications/MainStreamArticle.cfm?itemnumber=30440 10/1 /?0()7 ·Vast tinderbox threatens Colorado's watersheds -MainStream -Publications -A WW A risk for a severe wildfire. Much of Colorado's forests on both sides of the continental divide have been blighted by the pine beetle, adding to the fire risk. With a vast tinderbox threatening water quality, utility managers at the meeting expressed an urgent need to launch huge-scale forest treatment efforts to avert catastrophic wildfires from devastating critical drinking water reservoirs and infrastructure. Fire's costly toll to OW "It's not a question of whether it will happen. The question is when," said Chips Barry, manager of Denver Water. Two months after the 1996 Buffalo Creek Forest Fire, which encompasses a DW watershed, the utility was hard-hit when heavy, intense rainfall washed tons of debris into the Strontia Springs reservoir. "Two inches (5 cm) of rain fell in decomposed granite soil," Barry recalled. "The flow of erosion occurred in the middle of the night and washed debris and 400,000 yd 3 (366,000 m 3 ) of sediment downstream V2 mi (0.8 km) into Strontia Springs. We got 12 years of sediment overnight." In addition to the sediment, piles of driftwood, portable toilets, abandoned tanks, and other junk filled the reservoir and shut down one of the system's major treatment plants. "It took us eight to nine months to clean out the debris. We're still dealing with the sediment," Barry said. DW implemented a forest restoration project to treat 645,000 acres (260,000 ha) on the Upper South Platte Watershed Basin, which supplies water to 70 percent of the utility's 1 million customers. Working with the state and national foresters, utility crews thinned the forest, removed excess growth, reseeded bare soil, hydraulically mulched 300,000 burned trees, and began planting 25,000 to 30,000 tree seedlings per year. (See May/June 2002 MainStream.) Benefits of healthy forests When the Hayman wildfire-the largest and most severe to hit Colorado-occurred in June 2002, it burned 138,000 acres (558,500 ha). The fire scorched the same watershed, this time extending to DW's Cheesman reservoir. Because much of the 8,500-acre (3,400-ha) watershed around Cheesman, DW's largest parcel of land in the mountains, had been treated after the Buffalo Creek fire, the reservoir itself wasn't severely affected by the Hayman fire, Barry said. The utility had spent $1 million over five years to clean up after the Buffalo Creek fire and nearly another $1 million on the forest restoration program surrounding Cheesman. Barry believes the restoration program was well worth it. He urged water managers: "If you own the watershed, go do the treatment work on it. If you don't own the land your watershed is on, work with the landowners. Work with everyone you can to reduce the possibilities of damage to your system," Barry http://www.awwa.org/publications/MainStreamArticle.cfm?itemnumber=30440 Page 2of5 1 ()/1 /?()()'7 ·Vast tinderbox threatens Colorado's watersheds -MainStream -Publications -AWWA said. Now Denver Water is ready to fight fire with fire. The day after the fire protection workshop, the Colorado Air Quality Board approved the utility's request to use prescribed burns on much of the 60,000 acres (24,000 ha) it owns to reduce fire hazards and protect water quality. Barry noted there are many variables when considering what forest treatment plans to implement, including the type of fire, soil conditions , location, slope, likelihood of rain, and other factors . "We have 11 reservoirs in our system. Every one of them could get screwed up by a fire and runoff. Soi:ne are more vulnerable than others, and it's impossible to predict what's going to happen." Other issues In addition to debris and sediment, gases and chemicals used to fight fires can a lso affect water quality, said Deborah Martin, US Geological Survey Water Resources Discipline hydrologist. Contaminants from ash may include minerals, volatile organic compounds, total organic carbons , and mercury, she said , along with lead from gasoline. Martin said low to moderately severe fires can wreak havoc on water systems, and she urged water managers to develop mitigation strategies and identify resources and risks. Colorado forests are especially vulnerable to wildfires now because of the w idespread pine beetle infestation, Peter Binney, Aurora Water manager, noted . The number of trees killed by the epidemic beetle blight in the last decade is the highest recorded in Colorado history. Eric Wilkinson, general manager of the Northern Colorado Water Conservancy District in Berthoud , Colo., said his district is "in a crisis . If there's a wildfire in Grand County, Lake Granby could be turned into a sediment pond." The pine beetle infestation has killed nearly 660,000 acres (267 ,000 ha) of lodgepole pines in the county. Wilkinson, whose utility serves 700,000 people and several farmers, urged the USFS and CSFS to "proceed effectively, efficiently, and immediately to change their approach" to forest treatment. "We have to have a concurrent effort to prevent a disaster and raise publ ic awareness about the damages and risks that unhealthy forests pose for drinking water infrastructure," he said. Fire and water in the West The potential risk to water supplies by wildfires is not just a Colorado problem. The problem is compounded because most water providers do not own the watersheds. http://www .awwa.org/pub lications/MainS treamArticle.cfrn ?itemnumber=3 0440 Page 3of5 10/1 /')()()7 ·Vast tinderbox threatens Colorado's watersheds -MainStream -Publications -A WW A According to the US Environmental Protection Agency, the federal government owns land encompassing watersheds that supply water to a total of 11,625 utilities. The US Department of Defense owns watersheds affecting 4,886 systems; the US Forest Service owns watersheds affecting 3,300 water systems; the National Park Service, 2,004 systems; the US Bureau of Land Management, 1,219 systems; and the US Department of Energy, 216 systems. Some funds approved In Colorado alone, restoring healthy forests is expected to cost nearly $1 billion. Utah, Idaho, Wyoming, California, and other states are faced with similarly huge restoration projects that require coordinated efforts of national, state, and local governments and water utilities. The state recently approved $1 million in grants for wildfire mitigation and removal of trees killed by pine beetles in Grand County and 10 other counties. Approved by the Colorado Legislature, the grant program requires recip ients to provide 40 percent of funding from other sources. Congress is considering the Forest Management Improvement Act to reduce the risk to Colorado communities and water supplies from severe wildfires, especially in areas of insect infestation . Public awareness, political will key to fire prevention Others at the meeting stressed the importance of public awareness about the high risk some 4 million Coloradoans in the Front Range face in damage to their homes and water quality. Rick Cables agreed and suggested the utilities and water providers continue to meet with the state and federal foresters to devise watershed protection projects . The cost of restoring healthy forests is estimated at nearly $1 b i llion. All agreed that the restoration costs would be outpaced by the cost of damages if Front Range utilities were affected by forest fires . They also noted the costs could be mitigated by encouraging investors to launch biomass businesses using beetle -kill pines. Jeff Jahnke, director of the Colorado State Forest Service, concluded that if the group continues to work together, they can forge "the momentum and a social structure to drive public policy." All agreed to continue to meet and form either official or unofficial partnerships, broaden the stakeholder group, and educate the publ ic and legislators . Water managers from Brighton, Colorado Springs, Fort Collins , Westminster, and Boulder also attended the meeting. Judi Buehrer Managing Editor http ://www.awwa.org/publications/MainStreamArticle.cfm?itemnumber=30440 Page 4of5 1 ()/1 /')()()"? · Climate change requires a new law on the river -MainStream -Publications -A T T. 8 "'~Ame ri can Water Works Association The Auth o rita tive Resourc e on Safe Water Posted:09/25/2007 From the print Climate change requires a new law on the river Focus: Water Resources Global climate change is more than an inconvenient truth for many residents of the western United States. Just ask Patricia Mulroy, general manager of the Las Vegas Water District and Southern Nevada Water Authority. Las Vegas has been in a perpetual state of water shortage for about 20 years, according to Mulroy. In 2002, when Nevada had 25 percent less- than-norma I runoff, the authority established one of the most aggressive Record-low water levels at Lake water conservation plans ever enacted. Mead reflect the impact of climate change on the Colorado River. "We began to realize that what we had was a shift in what we considered a normal runoff in the Colorado River due to climate change," explained Mulroy at a global change session at ACE07 in Toronto. "This wasn't simply a short-term drought. It was going to take years for us to get out of the fix we were in, and the time had come for Southern Nevada residents to live differently." Similar sentiments were echoed at an ACE07 H20pen Forum presentation by Mike Gritzuk, director of the Pima County (Ariz.) Wastewater Management Department. Gritzuk said many reservoirs of the Colorado River are now below 50 percent of capacity, a situation that has been exacerbated by the drought that started in 1997. Lake Mead, one of the major reservoirs in the Colorado River system, has dropped 90 ft (27 m) since 1998. To make matters worse, western states have seen unprecedented population growth in recent years. According to Gritzuk, during the last 50 years, growth in Pima County, which includes Tucson, increased 400 percent. By 2030, it's projected to increase by another 50 percent to about 1.5 million. Temperatures are also on the rise. Gritzuk said the average temperature in the Tucson area was about 65°F (18° C) at the turn of the 20th century. Today, the average temperature is about 84°F (29° C). Rising temperatures increase water http://www.awwa.org/publications/MainStreamArticle.cfm?itemnumher=:i044i 1 ()/1 /")()()'7 ·Climate change requires a new law on the river -MainStream -Publications -A WW A demand, despite decreasing resources . Moreover, rising temperatures increase runoff rates, accelerating evaporation at key reservoirs. Potential solutions The answer to the West's water-shortage dilemma lies in reclaimed water and water reuse. In January 2003, the Southern Nevada Water Authority instituted permanent conservation measures. With sound indoor water-reuse practices already in place, the authority focused its efforts on water used outdoors. For example, the authority began to pay its customers $1/ft2 ($10/m 2 ) to replace turf with more water-friendly alternatives. To date, more than $80 million has been spent removing turf in southern Nevada. "Turf is our biggest water user," said Mulroy. The authority also began to educate its residents about wise seasonal water use, allowing home owners to water their lawns three days a week in the fall and spring, once a week in the winter, and never during the heat of the day in the summer. The authority passed building codes that eliminated turf in front yards and restricted turf to 50 percent of backyard areas . In addition, the authority got home owners to reduce the i r use of fountains or pay dearly for the priv i lege. All of these efforts paid off. Within 18 months, the authority reduced the amount of water used by more than 25 percent, conserving 65,000 ac-ft (80 x 10 6 m 3 ) despite the fact that more than 8,000 new residents moved to the area each month. "There's a real cultural and social shift happening in southern Nevada/' said Mulroy. "People who are moving to the desert have to embrace living in the desert." A groundbreaking agreement In 2006, Nevada joined forces with the seven states i n the Colorado River Basin to minimize supply shortages during droughts by enhancing conservation efforts, augmenting supplies, and coordinating the federal operation of lakes Mead and Powell. The preliminary plan is a key ingredient in the US Department of Interior's ongoing effort to establish first-ever long-term criteria for determining how the US Bureau of Reclamation will manage releases from the two lakes and divide the river's flows among Lower Basin states in times of shortage. USDOI's plan to have shortage criteria in place by the end of 2007 follows the recent development of interim criteria for managing surplus flows. The plan by the states specifically aims to avoid curtailment of water uses in the four Upper Basin states of Colorado, Wyoming, Utah, and New Mexico to meet delivery mandates to and among the Lower Basin states of Nevada, Arizona, and California under the 1922 Colorado River Compact. The plan is also geared toward protecting the long-term supplies in Lake Mead and reducing shortages to Arizona, which also developed a shortage framework with Nevada. "Probably the most important realization that occurred during these negotiations was that the Colorado River community began to recognize that it no longer had the water supply it thought it had in 1922," said Mulroy. "Something has to happen to augment supplies of the Colorado River." http://www .awwa.org/publications/MainStreamArticle . cfm ?itemnumber= 3 0443 Page 2 of 4 1 0 /1 /? ()()7 · Climate change requires a new law on the river -MainStream -Publications -A WW A Augmentation efforts would include plans by the Southern Nevada Water Authority to import groundwater from upstate basins and recover saline supplies as well as projects that benefit the entire river system, such as rain-making efforts. Under the state 's plan for coordinated operation of lakes Mead and Powell, water would be released from Lake Powell when Lake Mead levels drop to a certain point. That water would be kept in Lake Powell for future use when Lake Mead levels are relatively high. Under current operating rules, the two lakes are managed separately, which has allowed Lake Mead to drop into shortage conditions at times. Should shortages occur, the plan would provide for a tiered approach that would have shortages start at 400,000 ac -ft if Lake Mead drops below 36 percent of capacity. If capacity falls to 29 percent, the shortage would increase to 500,000 ac - ft . It would increase aga i n to 600,000 ac -ft if the lake falls below 22 percent of capacity, which would trigger severe drought mitigation planning. A race against time Despite these efforts, Nevada 's s ituation remains dire. Mulroy recently asked the Southern Nevada Water Authority board to approve a $45 million plan to upgrade Lake Mead's water pumps, which would attach to a second intake at the lake to double pumping capacity. At the current rate of consumption, the water level will drop below the first intake within the next three years, cutting off the supply entirely. Mulroy has been seeking a lternate water sources for Las Vegas, including a diversion plan to pump wate r from White Pine County. However, her efforts have met resistance from ranchers and other groups. "I'd love to go back to the early '90s and re-live the shortages of those days," said Mulroy. "We have between 30 and 40 million people and the economies of seven states depending on the Colorado River system, so answers have to be found." Toward that end, the seven states in the Colorado River Basin intend to continue refining their plan and reach agreements regarding conservation and augmentation programs. They also have a memorandum of understanding in the works intended to protect each state 's legal rights, with an eye toward final izing everything before USDOI publishes its final environmental impact statement by year's end. John Hughes Opt/ow Editor Author 's Note: Some of the material in this article originated in WaterWeek. •·m3'f1·1 Join a discussion about this topic Copyright © 2007 A merican Water Works Association -6666 W . Qu incy Ave ., Den ver , CO 80235 Phon e: 303 .794 .771 1 or 800 .9 26.7 33 7 -FAX : 303.347 .0804 -Privacy Policy http ://www .awwa.org/publications/MainStreamArticle.cfm?itemnumber=30443 P age 3 of 4 10/1 /2 007 O"" )---.: THURSDAY 9/27/07 ROCKY MOUNTAIN NEWS NEWS 27 1 +- Water proposal and from some West Slope interests who want the Front Range to tap farm water supplies instead of high country sources. Under one scenario, water would be piped from Maybell to Barr Lake, northeast of Denver. Water parley ~ j mal{es history ~ Ri b • Six men in the room were from I ver as~ reps theSouthPl~tteRiver~3;8ineast Watef officials from east and west of the Divide are studying a proposal to take water from ' the Yampa River and pump it to the Front Range and fa,st-growing West Slope communities. The idea has drawn fire from environmentalists who say the river would be harmed ~1 gather tO diSCUSS of the Continental D1~de; . six ~I from the Yampa and White nver '.a'' • basins on the west. l-Yampa project 1tmarkedthefirsttimeundera >,?.] new state law that formerly hos- • tile interests have met voluntarily By Jerd Smath to discuss a water project before ROCKYMOUNTAINNEWs anymoneyhasbeenspent, before .... w any decisions have been made, be- WALDEN-As a line formed for lunch at the River Walk Cafe, 12 of Colorado's most saavy w,ater chieftains held a historic meeting in a back room. fore lawsuits have been filed. Source: Northern Colorado water Conservancy District ,,,;~ ~~ -<?!ii 1.\1.~ ~-t ~~l fifd They came from the east and the west of the state, gathering on what's considered neutral ground in Colorado's increasingly fractious water world. At issue: whether a $4 billion, 227-mile pipeline should be built to carry 300,000 acre feet of water aiihuallyfrom the Yampa,Riverin northwestern Colorado to the Front Range and fast~growing communities on the West Slope. The purpose was to establish ground rules for what will become one of two things: a battle over the Yampa River or a landmark ef- fort to see if Colorado's rural and urban interests can be united. Under the 2007 Colorado Water for the 21st Century Act, the state formed public roundtables to rep- resent each of the state's nine riv- er basins. The process is designed to ease tensions between the thirsty Front Range and water- rich Western Slope and to ensure each region is treated equitably. Eric Wilkinson, manager of the Northern Colorado Water Con- servancy District, explained why he thought taking a giant gulp from the Yampa is a good idea. The often fiery West Slope offi- cials, listened carefully. "A lot of this is out-of-the-box thinking," Wilkinson said. "But this project is not going forward -·unless the citizens of Colorado agree that it needs to go forward." For more than a century, Front Range cities have trooped across Volunteer prepares homes for opera singers and staff C ENTRAL CITY -Julie Hughes is a well-seasoned volunteer. And those seasons are late spring and early fall After they married, his job took them to Washington, D.C., and London and back to San Francisco. His job also brought them to Colorado. ''I've volunteered every- where," Hughes said. "Now that the chil-That's when she andherfellowvolun- ···· ~ .. --"-"--_____ .._ 1-.t--- the Divide and staked claims to the streams · there, as is allowed under water law. But the process has caused deep bitterness and anger on the West Slope. Now, with Colorado facing wa- ter· shortages, the pressure is on to find a new way to develop sup- plies without hurting tourism or . the state's fragile wilderness. Whether the process moves for- ward or ends in a fight won't be clear for several more months. ·.:--:c~-;:. ROCKY MOUNTAIN NEWS "We have a lot of angst," said Tom Sharp, a water attorney from Steamboat Springs and former member of the Colorado Water Conservation Board. At the end of the six-hour ses- sion, the river basin reps agreed . to meet again. . "I guess I'm encouraged," said Mlli:e Shimmin, a Boulder water1 attorney. "I didn't hear anyone : say no, or hell no, or not over our. dead bodies." A TT. 10 BERG HILL GREENLEAF & RUSCITTI LLP ATTORNEYS & COUNSELORS AT LAW 1712 Pearl Street • Boulder, Colorado 80302 David G . Hill Partner Stewart H. Fonda Director of Utilities City of Englewood 1000 Englewood Parkway Englewood , CO 80110-0110 Dear Stu: Tel: 303.402.1600 • Fax: 303.402.1601 bhgrlaw.com September 26, 2007 dgh@bhgrlaw.com Stu , the enclosed Rocky Mtn. News article points out the need to protect Englewood's water supply. If we let it be nibbled away by one small over-diversion after another, we cannot ever replace it. And the State Engineer sure won't protect us. The Douglas County/Arapahoe County groundwater users are desperate , and will seize on any little over-diversion they can get. We will probably have to protect ourselves fairly frequently . Maybe this needs to go to the Water & Sewer Board and Council. Sincerely, David G. Hill Enclosure BtiCker slioc { $ '. south salborbari : water picture . ~ - r ~mu~ities such as Highlands · Ranch, Par~er and Castle Rock, ' among. others, plan to double the use of rec;ycled water and conserve to reduce use of non-renewaQle groundwater over the neXt ~o years . as they search for more than ·40;ooo '._acre feet of new suppiies. ~ed water supplies ·G'ROUNDWATER ·' RECYC!-£0 NEW RENEWABLE L EXISTING SOURCES RENEWABLE 120,000 acre te.i:~-··-·-----120,900 ·CUrrent* • ·Projection through 2010 ··~;~~u~~h 2050 br buildout, Source : South Metro water Supply Authority JOHN SOPIHSKl/ROCKY MOUNTAIN NEWS r I ' South ' metro ' •' .. , counties ~view supply options ·· ey'Jerd smith · R.?~!<Y MOU,NT AINNEWS . ' PARKER -::_ Denver's south- ern Sl,lburbs i;niist spend $1 bil- lion by :2020 fq wean themse),ves 91'1'" an ~g groundwat er sys- tem, ofllciais at a water summit said Tuesday. communities such as .High- lands Ranch, :Parker artd biistie Rock will use money, possibly generated by increased tap rees, higher water rates or new truces, to build new water-recycling plants and lay pipel,ines to trans- ferwater from farming cominuni- ties, according to a master plan unveiled Tuesday by the South Metro Water Supply Authority. Recycling plants being built in the southern suburbs will pro- duce non-potable water, like re- cycling plants in the metro area. But it's likely our drinking wa- ter will soon come from Tecycled sources as well, ofllcials say. The plan's $1 billion price tag is a bargain compared to doing nothing as groundwater dwin- dles, several conference partici- pants said. ••• I I "We can't afford not to afford it," said Jack McCormick, a Douglas County resident ·who represents rural homeowners. The ·area, which.includes Doug- las and parts of Arapahoe coun- ties, has known for more than 10 years the cheap groundwater that fueled most of its growth in the 1980s and 1990s couldn't last. Groundwater wells are no longer producing as much water as they once did. But the wealthy southern re- gion has been unable to craft so- lutions to its water. wpes, thanks to years ofbitterpolltlchl patties among water c:U§tActs and:alack of access to tbe renewable river water that most older communi- ties rely on. ' That may be changing. "This area grew up oh ground- water," said Rod Kubarich, exec- utive director of the South Metro Water Authority, "Butithaslong recognized the need · for renew- able supplies." To ensure a continued water supply, the authority said it will slash groundwater use from more than 25,900 acre feet, to just 14,900 acre feet by 2030. An acre foot equals about 326,000 gallons, enough to sup- plytwo homes for a year. In addition, it will more than double its use of recycled water during that period, from 11,900 acre feet to 24,000 acre feet . But the region, home to more than 600,000 people; mu~t also find neww~ter-40,000 acre feet more -to mee.t demand. The search for and purchase of new water is likely to t~e years and billions of dollars more to com- plete, Kuharich said. HarriS Sherman, executive di- rector of the Colorado Depart- ment of Natural Resources, urged suburban water providers to push forward w)tl;l aggressive water, conservation programs and to consider ways to part'ner With f~ eommunities and the Weste111 Slope. "·'.l'he :water ·picture has tight- ened . measurably," in recent years, Sherman said. "We can ex- pect another 2.8 million people in the state by 2030 .... This is why we 're se{!ingthis fierce com- petition for wa.ter. Virtually ev- ery City is looking for water just as you are." Sen. Ted Harvey, R-Douglas County, said he has no intention of-letting money stand in the way of protecting the region's water future . ''.This region represents some of the niost ifuportant economic infrastructure Colorado has," Haivey said. "We have to provide businesses some level of co:infort that they will have !orig-term wa- ter supplies." smithj@RockyMountain News,com or 303~954-5474 ·The Denver Post -From conflict to oasis denver~ost.com · lhE DE.NVEl:l Posr business From conflict to oasis A working gravel pit is condemned for a reservoir, and everyone is a winner By StC\'C Raabe Denver Post Staff Writer Article Last Updated: 09/22 /2007 04:43:07 P M MD T If construction giant Kiewit Western Co. had its way back in 1999, the dusty gravel pit it operated at C-470 and Platte Canyon Road might have sidestepped a nasty property condemnation and the company would still be digging truckloads of sand and gravel there . By next spring , however, the former pit will complete its long transformation to a glimmering reservoir. And Kiewit couldn't be happier with its post-condemnation role in the project as general contractor. "We weren't interested in selling" to make way for the reservoir, said Jeff Kresl, area manager for Kiewit Western , which had operated the gravel pit since the 1950s . "That wasn't in our business model. But eventually it made sense to all parties to sit down and work something out." The business sector is fond of talking about "win-win" solutions. This is one such scenario, with an extra couple of wins thrown in. Advertisement http://www.denverpost.com/se arch/ci 6966388 A T7. I/ Among the winners connected with the $50 million South Platte Reservoir: The Centennial Water & Sanitation District, which has secured a new site to store water from the South Platte River. The thirsty residents and businesses of Highlands Ranch, who will drink the reservoir's water and irrigate their landscapes with it. The city of Littleton and the South Suburban Park & Recre~tion District, whose citizens will enjoy the aesthetics of a new lake (but sorry, no swimming or boating) compared with the previous 24 /7 noisy commotion of the gravel pit and concrete/asphalt batch plant. commotion of the gravel pit and concrete/asphalt batch plant. Designers and engineers Deere & Ault and Tetra Tech , who with Centennial's project engineer, Deborah Gallegos , created a plan for converting the gravel pit to water storage. A series of subcontractors working on the project -concrete and rock provider Aggregate Industries, steel rebar supplier Daleo Industries, pipe welder Garney Cos. and landscape contractor American Civil Constructors -which will share $5.3 million for services and materials provided. Last, but not least, Kiewit Western, which not only pocketed $6.4 million from the property condemnation, but also became the project's 1 ()I 1 /")() rn The Denver Post -From conflict to oasis denver~ost .com 'Il1E DENVcRPosr general contractor with a $25.2 million construction budget. In addition , Kiewit was able to continue mining gravel at the site for several years while preliminary design and engineering work was undertaken . A welcome reception The Centennial special district -created to supply water and wastewater management to Highlands Ranch -is pleased with the project's positive perception in business, government and residential circles , especially after a series of critical media reports in recent years about rapid depletion of underground aquifers in Douglas County . Even environmental advocates often wary over building dams can find little to critici ze. "I don't know of any group that has a serious problem with that project," said Dan Luecke, a Boulder hydrologist who has been critical of several Colorado dam proposals. "Generally, the environmental community has encouraged the use of these gravel pits as storage facilities along the South Platte." As dam projects go , the size of the new South Platte Reservoir is modest. Its 6,400 acre-feet of capacity is about one-fourth the size of Chatfield Reservoir, the neighboring dam across C-470 from the new project. One acre-foot is 325 ,900 gallons , approximately enough to Advertisement http://www.denverpost.com/search/ci 69663 88 (Po ~t I Se ve riano Galv:in) serve two families of four for a year . But the relatively small size belies the complexity of events that led to the reservoir's conception. Highlands Ranch developer Mission Viejo Co . knew from the community's start in 1981 that McLellan Reservoir, north of the development, and underlying aquifers couldn't be relied on to serve the, community's growth . "Long ago, we were looking at what the area needed by 2007 and long after to secure sustain able water supplies ," said Joe Blake, fonner senior vice president with Mission Viejo and current president of the Metro Denver Chamber of Commerce. "We always said you can never have enough water," Blake said . "Our goal was always to seek a greater proportion of surface water compared to groundwater." Highlands Ranch's Centennial Water District - which has no connection to the south metro city of Centennial -in the early 1990s identified the Kiewit gravel pit as an ideal site for the new reservoir . But the district's initial offers to Kiewit for the property, in the range of $2 million to $5 million , were rejected. Centennial then filed suit to condemn the property and eventually agreed to pay $6.4 million. Page 2 of 4 1 ()/1 /')()()'7 The Denver Post -From conflict to oasis denvernost .co ,m1 ~lE 0.ENVERPOSJ' "There were hard feelings," said John Hendrick, general manager of the district. "When you can't come to closure and the seller is unwilling , we went through a lot of agony. Condemnation is not really our style ." A sensible arrangement But with the deal done, the parties reached an agreement for Kiewit to continue mining gravel and making asphalt and concrete while Centennial prepared for the reservoir project. Both sides soon came to the realization that Kiewit would be uniquely qualified to manage the reservoir project, given its broad experience with civic construction , including highway s and dams, and its familiarity with the proposed reservoir site. "It made a heck of a lot more sense to work together," said Kiewit's Kresl. Because of Kiewit's decades of work at the site, and with a ready presence of heavy equipment and the 60 workers needed for the project, the company was able to handle about 85 percent of the job itself, leaving a relatively small 15 percent for subcontractors . "We would love to have stayed and continued our (gravel) business," Kresl said, "but it's a good working relationship , and it will be a good thing for the people of Highlands Ranch." Staff writer Steve Raabe can be reached at 303- 954-1948 or sraabe @denverpost.com . Advertisement http://www.denverpost.com/search/ci 6966388 commotion of the gravel pit and concrete/asphalt batch plant. commotion of the Page 3 of 4 gravel pit and concrete/asphalt batch plant. commotion of the gravel pit and concrete/asphalt batch plant. .!@. Pr i nt B Fmrtil ffl RPt1 irn tn Tnn @:, ShrtrP 1 ()/1 /? ()()7 ~ The Denver Post -From conflict to oasis denverno.st .,com t;lE DEN\'ERPO~'J ' Advertisement http://www.denverpost.com/search/ci 6966388 -1CDOV/Fl>I> lllkl••J f.lliity IAirq r.kli \\'l>111'11~trr Ttf,jlfl\'.il!I PIMI How the ·reservoir was built Page 4 of 4 l h? S.:>1.:!1 N,1tte R~s~r'10ir. a p 1UJl-C t of Ct tl li!W'~:'!I \•-1;1t~1 & 5'.1 •)it;1th.)cl Ck s t ~•CL which :,11r .. 't:!:. th~ H:lgh l .inc~ lt.111t h tommm1it)' (90.0 00 r~H~nt~>. \.Viti hold 11 10.-e tn.ir1 6,;QO ;irrr·f•""'' of 1-.1w l/l.1 l ~r ~!or.up for 001r1r-'\t ir. \t ~P Stage one (1t(J1 n 1"r> l'l el'e CUl 1o,ultcd lO l.I!~ o( ol ll c~btiil\l gr.l'l'cl fl1l U.111ld bl~ r t1,1d~ In!(> ,111 irniX!NiDu~ r ma~nm lr. Th1' mt?-.3 wa " l.:Je 111itfo d as 1:1n Ideal ~te d t1r, h't it 'i t:ih111Xl'i H~ of ·a" lll~t enal s, i11 clod i·1g J. h1yh ro,~cer1lr.1t i o11 of clay .iml s h.1~ . Stage two ·• ~~lbtirlll(JS \\I'd l ~-\Sli l'<!l 1 ll"ll ls :\1\:(3'kC'!l f!ll '?~ lmtin.,r; '11·'-'\JO • E11\]r.ll'f•S C'\'a'u at c lli~ W.l'>'('.cl,l y.i11rt ~h .. i!<' l or f h11 ftllJJld..H1on • The: resr-1~-c>ir l!i da~~J n t'd .uxJthM .1 pp1<>·,~iJ by lht•\l,ll t• -t'l);tl01:\.J', On<:· llh! c41"'~l!l fl W1 ~ ;_1r,.p,q. ·:itl \\1r1h11lfJ,.'l:r!l l u~-: ti'lt~t .:1~d b 1.'-!J1\tl !fl•.;wi:tq Ll "~~· .1 1tk11.1:1i S ti' ~I 1111) prt•ct~S r,.1 ' t.1k cJP tu (h t\.'(! ye ., ts • F01 U1is l)J1tiwk<:t 1' rt: ... .,rvoff, t h~ cxtt'1'i or waf b were Oj>~\«l rl uritl(J th e qr~vc-·· m ·,~na process. • Fo1 cmb •. l nk1tl('11t prt:para lk-n. c1;c,1li1-,d is t">()VCd Oll i o ft ~ ''"'Y 11!1111 bL'd1-C•!:k ~hail:. i~ ri.ac!tOO. • A tf.Jy ~ort is '<t)'t~l ' fo lo llY! ~cclnx k dlYJ ll ic ~·11{\3 ~-..m e nt p roc~s bcqt n!... 1 ()/1 /') ()()'7 r Rocky Mountain News -Denver and Colorado's reliable source for breaking news, sports . .. Page 1 of 3 NEWIS Rock)1 Mountain News .co HOME NEWS V BUSINESS V SPORTS V RECREATION ,. SPOTLIGHT V OPINION V WEB EXTRA ' JOB: H BASEBALL PLAYOFF ALERT: Rockies win franchise record 1 Oth straight to stay a game back; Padres, Pl Advertisement HOME > NEWS > LOCAL Englewood mayor not expected to recover By Betsy Lehndorff And Ivan Moreno, Rocky Mountain News September 27 , 2007 Olga Wolosyn , Englewood's petite , energy- packed mayor, was stricken by a brain aneurysm Saturday during a 2008 budget hearing at the Englewood Civic Center. She is not expected to recover, according to a spokeswoman for Swedish Medical Center. "There isn't much you can do at this point," said Councilman Ray Tomasso while listlessly canvassing his neighborhood Wednesday night in his bid for re-election . "It's going to be like a void in the universe . "You're looking at the future , and all of us were anticipating Olga being around . We're all expecting to be able to call her up and ask her questions, and all of a sudden you've lost all of that knowledge." Tomasso said he was at the budget hearing when Wolosyn, 54 , stood up , said she wasn't feeling well and asked Mayor Pro Tern Jim Woodward to take over. Wolosyn was taken to Swedish , where she remains in intensive care, hospital spokeswoman Julie Lonborg said . In anticipation of her death , the family planned a celebration of her life at 10 a .m. Friday at St. Louis Catholic Church, 3310 S. Sherman St. "It's so awkward," said friend Susan Keene , Olga Wolosyn, 54, was stricken by brain aneurysm. STORY TOOLS Email this story I Print MAP MY NEWS referring to the limbo of a pending death and funeral. "She was such a major influence on our whole community ." Wolosyn, who along with her husband , Jim Doty, is a pottery artist, was first elected to the council in 1999. In 2005 , her fellow council members elected her mayor. http://www.rockymountainnews.com/drmn/locaVarticle/0,1299.DRMN 15 5708488 .00 .ht . Q/?7 /?()()7 ·"> 'Rocky Mountain News -Denver and Colorado's reliable source for breaking news, sports ... Page 2of3 Wolosyn served as trustee on numerous boards and guided the development of numerous arts, music and cultural programs in schools, Keene said. She also worked as a teaching artist and was involved in getting a $1 million grant to teach mathematics through art, Keene said . "She was passionate about this because she was getting such great results from the kids," Keene said . lehndorffb@RockyMountainNews.com or 303- 954-2792 MORE STORIES > 2 charges dropped in rattler plot > Ex-Lyons church youth leader accused in sex assault > Murder trial to be held in Fort Collins > $1 .5 million grant to aid expansion > Auditor was cited in '06 bird killing > Officer's gun goes off as fugitive arrested > Most charges dropped in rattlesnakes case > Critics say signs were there in kids' death > EXTRA!, September 27 > For 32 years , fugitive hid in plain sight > Editor's fate in the hands of CSU panel > Churchill's lawyer > Student's woes not a big surpr ise > Campus finds itself at center of nationwid controversy > Englewood mayor not expected to recove > American Indians plan convention > Global warming of more concern in state , poll says > Owner shot, wife clubbed at market; robber sought > Springs base housing boom on tap > Wildlife-sagebrush conflict seen > Cheney to attend GOP fundraiser > Minutemen , splinter group to spend a month at border > Elk picks bottled water > Students plan pledge protest > Canine cuisine > Water parley makes history > Adams commissioners say no to propose nightclub > Lawyer lists wrongs in murder conviction > Denver to add 50 money-raising meters ti help homeless > Former clerk could get another city contract > Colorado corpsman killed in Afghanistan > 2 arrested for shooting out Cherry Creek High windows > Denver water rate hike approved > Teen survivor of Bailey tragedy finds success > Saturday events for Emily Keyes > A letter from the Keyes family > Child welfare agency had early warnings slain girl , starved boy in danger > Group of CSU students rallies around embattled editor > 32 years on the lam -murderer Robert Fargo was 'nice fellow' > Gunman surrenders after standoff > Guilt vs . innocence rests in lone footprint , lawyer says > Jack in the Bo xes to pop up http ://www.rockymountainnews.com/dnnn/local/article/0.1299.DRMN 15 .S70R4RR <io ht Q/?7 /?()()7