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Home My WebLink About2007-04-10 WSB AGENDAWATER & SEWER BOARD AGENDA Tuesday, April 10, 2007 COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE MARCH 13 , 2007 M EETING. (ATT. 1) 2. LETTER FROM ADAMS COUNTY DATED MARCH 5, 2007 REGARDING WATER PLANT RESIDUALS. (ATT. 2) 3. "ENGINEERING REPORT TO SUPPORT THE CITY OF ENGLEWOOD SUBSTITUTE WATER SUPPLY PLANT RENEWAL APPLICATION," DATED FEBRUARY 15, 2007 FROM MARTIN & WOOD. (ATT. 3) 4 . WATER RIGHTS REPORT FROM DAVID HILL. (ATT. 4) 5. OTHER. WATER AND SEWER BOARD MEETING February 13, 2007 ATT. I The meeting was called to order at 5:03 p.m. Members present: Members absent: Also present: A quorum was not present. Clark, Moore, Wiggins, Habenicht Burns, Higday, Cassidy, Wolosyn, Oakley Stewart Fonda, Director of Utilities John Bock, Manager of Administration 1. MINUTES OF THE FEBRUARY 13, 200 7 MEETING. The Englewood Water and Sewer Board approved the minutes of the meeting of February 13, 2007. Mr. Moore moved; Mr. Wolosyn seconded: Ayes: Nays: Members absent: Phone vote: Motion carried. To ap prove the minutes from the January 23, 2007 meeting. Clark, Moore, Wiggins, Habenicht None Burns, Higday, Cassidy, Wolosyn, Oakley Burns, Higday 2. GIFTS TO BOARD MEMBERS. The Board received a copy of Resolution #86, Se ri es of 2006 stating that board and commission members will not solicit or accept any gifts, gratuity, favor , entertainment, loan or any other item of monitory value from any organization, business, firm or person who is seeking to obtain business with the City. A cceptance of nominal gifts in keeping with ordinary course of business which promote good public relations is permitted. 3. LICENSE AGREEMENT FOR SWEDISH HOSPITAL CURB & GUTTER. Swedish Hospital submitted a License Agreement to install curb , gutter and asphalt/concrete driveway at 501 E. Hampden Ave. in the existing drivearound located on the south side of the hospital. Swedish Hosp ital will be enlarging the footprint of the existing overhang addition by extending it southward , while maintaining the required distance from the City Ditch. The existing overhang is approximately 21 ' abo v e the City Ditch easement and does not interfere with City Ditch operations and repairs. The existing encroachment permit is for the supporting column necessary for construction that requires 16 square feet within the City Ditch right-of-way. The proposed curb , gutter and driveway will also encroach in the City Ditch easement ; therefore a license agreement is mandatory. The Utilities Department is requiring that the City Ditch pipe be v ideotaped before and after construction to insure that the integrity of th e pipe is maintained. Mr. Clark moved; Mr. Habenicht seconded: Ayes: Nays : Members absent: Phone vote : Motion carried. To recommend Council approval of the License Agreement for curb, gutter and asphalt/concrete driveway at Swedish Hospi tal , 501 E . Hampden Ave over the City Ditch . Clark, Moore, Wiggins, Habenicht None Bums, Higday, Cassidy, Olga, Oakley Bums, Higday 4. McLELLAN RESERVOIR FENCING. McLellan Reservoir is closed to the public and posted . To deter trespassers and protect water quality, it is proposed that the last section of fence, 1,400 lineal feet of 8-foot chain link fencing , be installed. The fencing will be galvanized-finished steel, color-coated brown to match the existing fence to aesthetically blend in with the surrounding area and existing fencing. The fence installation will involve two sections along County Line road and one section at the bottom of the spillway, equaling 1,400 lineal feet of fence and one gate at the bottom of the spillway. These sections will complete the six-year fencing project. Mr. Wiggins moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Phone vote: Motion carried. To recommend Council approval by motion of the bid from Front Range Fence in the amount of $27,963.00 for the final section of McLellan Reservoir fencing. Clark, Moore, Wiggins, Habenicht None Bums, Higday, Cassidy, Wolosyn, Oakley Bums, Higday 5. BIG DRY CREEK INTERCEPTOR FINANCES Big Dry Creek Basin Interceptor is a major trunk line serving the Southgate, South Arapahoe, South Englewood Sanitation Districts and part of the City of Englewood for sanitary sewer transport. The interceptor begins at Clarkson and Orchard, runs northwesterly along Big Dry Creek to Santa Fe Drive, and then north to the Littleton/Englewood Wastewater Treatment Plant. In 1990 the City of Englewood entered into the Interceptor Basin Agreement (IBA) with Southgate Sanitation District, along with other connecting sanitation districts. At the time of the agreement, eight capital construction projects were anticipated. Line and advanced tap fees for capital construction, along with a small charge for repair and maintenance, were established . After completion of three capital projects, Southgate Sanitation District reassessed the condition of the interceptor and determined that it has capacity adequate to meet the existing and future demands and that no further capital projects are needed. Southgate has proposed terminating the Advanced Tap Fee collection, disbursement of unused tap fee /capital revenues to the participating district and establishing a repair, maintenance and rehabilitation schedule. The per-thousand gallon charge will increase from $0.005434 to $0 .108406. The typical, residential customer will see their bill go from $0.45 per year to approximately $9.00 per year. Mr. Wiggins moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Phone vote: Motion carried. To recommend Council approval, by Ordinance, of the Big Dry Creek Interceptor finance change of $0. l 08406 per thousand gallons for a repair, maintenance and rehabilitation program . Clark, Moore, Wiggins, Habenicht None Bums, Higday, Cassidy, W olosyn, Oakley Bums, Higday 6. AGREEMENTS FOR 3596 S. BANNOCK ST. The Englewood Housing Authority has come to own 3596 S. Bannock St. through a rehab loan foreclosure. The Housing Authority currently has the house for sale. When an 0 & E Report (Owner and Encumbrances) was ordered to prepare for the sale, the issue of various encroachments and license agreements was reviewed by the City Attorney's office. The City Attorney's office recommended that the license agreements, crossing agreement and right-of-way use agreement be completed before the sale to a new owner. The Permanent Encroachment Agreement is needed for the comer of the house and patio that encroaches into the City Ditch easement. Removal of the existing structure would terminate the agreement. The City Ditch Crossing Agreement #1 is for the existing sewer service line to cross the City Ditch . Removal of the sewer service would terminate the agreement. City Ditch Right-of-Way Agreement #2 is for an existing chain link fence. The approved agreement would be executed with the new owner, with the requirement that successive owners apply for a new agreement with the City. Englewood will maintain the use of their easement and the right to install, repair remove or relocate the City Ditch at any time deemed necessary. Mr. Moore moved; Mr. Wiggins seconded: Ayes: Nays: Members absent: Phone vote: Motion carried . Recommend Council approval by Ordinance for two permanent encroachment agreements , a City Ditch crossing agreement and a City Ditch right-of-way use agreement for 3596 S . Bannock St. Clark, Moore, Wiggins , Habenicht None Bums, Higday, Cassidy, Wolosyn, Oakley Bums, Higday 7 . LARGE WATER METER INSTALLATION The large meter replacement program is replacing the larger meters (1-1/2" to 6"). The first two installments were completed in 2005 and 2006 . Badger meters are being used to maintain consistency with existing meters and as meters are pulled , they will be tested for accuracy and to determine loss . By having N ational Metering Service provide labor for replacing these larger meters , installation can be completed in a short amount of time and begin more accurate readings on the larger water users. National Meter & Automation, providing the meters, is located in Centennial and is the only badger water meter distributor in Colorado. National Metering Services successfully completed the 2005 and 2006 large meter replacement programs for Englewood. The proposal is for approximately $5 ,000 for meter valving and $23,850 for meters purchased through National Meter & Automation ($15,175 for meters and $8 ,675 for labor). Mr. Habenicht moved; Mr. Clark seconded: Ayes : Nays: Members absent: Phone vote : Motion carried. To recommend Council approval of the proposal for the 2007 large water meter exchange program in the amount of $5,000 for meter valving and $23,850 for meters purchased and labor through National Meter & Automation. Clark, Moore, Wiggins, Habenicht None Bums, Higday, Cassidy, Wolosyn, Oakley Bums, Higday 8. WATER RIGHTS REVIEW FROM DAVID HILL. The Board received a water rights review from David Hill, Englewood's Water Attorney discussing water rights issues. 9. MARTIN & WOOD ENGINEERING REPORT. Stu Fonda briefly discussed a report from Martin & Wood Engineers titled , "Engineering Report to Support the City of Englewood's Substitute Water Supply Plan Renewal Application (May 2007 -April 2008)," regarding an application for a renewal substitute water supply plan for the City of Englewood's Golf Course wells . The board will receive a copy of the report at a future meeting. 10. MASONIC TEMPLE. EMC Development Company is proposing to demolish the existing Masonic building and has submitted a subdivision application to divide the site into two properties. The Masonic Temple property is located in the 3500 block between Sherman and Grant Streets. To facilitate the project the Community Development Department has requested that the Utilities Department vacate its abandoned sanitary sewer main to accommodate the planned development. The alley was previously vacated because it served no useful purpose since the alley was blocked by the Masonic building that sat over the alley; however, a utility easement was retained. All other pertinent utilities have previously been vacated. Mr. Wiggins moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Phone vote: Motion carried. PHONE VOTE: To recommend Council approval for the Utilities Department to vacate an existing sanitary sewer easement in the vacated alley through the property commonly known as 3500 S. Sherman Street and previously occupied by the Englewood Masonic Lodge No. 166. Clark, Moore, Wiggins, Habenicht None Bums, Higday, Cassidy, Wolosyn, Oakley Burns, Higday In order to expedite ordering the truck and receive the fleet rate before the bid expired, the following phone vote was conducted on March 19, 2007. TEN-YARD DUMP TRUCK PURCHASE The requested ten-yard tandem dump truck will be used for hauling dirt and fill material for main construction and repair. It is also necessary for installing and repairing sections of the City Ditch. The new truck is a replacement for the existing ten-yard truck #1354, according to the CERF replacement schedule . Five bids were received with the recommended, accepted bid being from Transwest Trucks, Inc in the amount of $79,166.00. It has been approved in the 2007 Budget for CERF replacement under Sewer Acct. #411605. Mr. Havenicht moved; Mr. Cassidy seconded: Ayes: Nays: Motion carried. Council approval of the purchase of one, new ten-yard tandem dump truck from Transwest Trucks, Inc. in the amount of $79,166 . Clark, Moore, Wiggins , Habenicht, Bums, Higday, Cassidy, Wolosyn, Oakley None The next Water and Sewer Board will be April 10 , 2007in the Community Development Conference Room at 5:00 p .m . Respectfully submitted , Cathy Burrage Recording Secretary Rob ert D. Coney DI RECTOR March 5, 2007 Alan Scheere Waste Management Conservation Services Inc. 7780 East 96th Ave . Henderson, CO 80640 ADAMS COUNTY Re : City of Englewood Water Treatment Plant Residuals containing NORMITENORM, CSI Case Number 86-88-CD(A) Dear Mr. Scheere : A TT. 2. Planning and Developm en t Departmen t 12 200 Pe co s Stree t Wes tminster, CO 80234 P HO NE 303.453.8800 FA X 30 3.453 .8829 www.co .ad ams.co. u s This Department has completed its review of the City of Englewood 's request to dispose of water treatment residuals containing naturally occurring radioactive materials (NORM) and technologically-enhance naturally occurring radioactive materials (TENORM). We are also in receipt of Waste Management's proposed Generator Waste Profile, Addendum -NORM/TENORM. As you undoubtedly are aware, the Colorado Department of Public Health and Environment has recently issued Interim Policy and Guidance concerning the disposal of TENORM in Colorado . In addition, the Board of County Commissioners is currently involved in several court cases as well as an enforcement action concerning the acceptance and disposal of similar radioactive materials at the Clean Harbors Deer Trail Facility, also located in Adams County. Because of the recent state-level developments and the on-going litigation, the County has determined it will not grant approval or permission for the acceptance and disposal in the County of any materials containing or emitting radioactivity at any facility until such time as the County has had an opportunity to review and consider the state 's recent disposal policy and guidance and until such time as the litigation with Clean Harbors has been resolved . In light of the County's position on radioactive materials we will not, at this time, approve the proposed Generator's Waste Profile. Should you have any questions, please contact me at 303-453-8813. Sincerely, . aig Tessmer Environmental Analyst cc : County Administrator Director, Planning and Development County Attorney Cit y of Englewood W. R. "Skip" Fisch er DI STR ICT 1 B OARD OF CO UNT Y COMM I SS I O N ERS Alice J. Nicho l D IS TRI CT 2 Larr y W. Pace DI STRI CT 3 ATT. 3 ENGINEERING REPORT TO SUPPORT THE CITY OF ENGLEWOOD'S SUBSTITUTE WATER SUPPLY PLAN RENEWAL APPLICATION (MAY 2007-APRIL 2008) Martin and Wood Water Consultants, Inc. 602 Park Point Drive Suite 275 Golden. CO 80401 Pho ne : (303) 526-2600 Fax : (303) 526-2624 www.martinandwood.com WATER DIVISION 1 CASE NO. 02CW280 Centennial Park PREPARED FOR: City of Englewood 1000 Englewood Parkway, Englewood, CO 80110 PROJECT NO. 159.1 02CW280 February 15, 2007 I I Mr. Kevin Rein Office of the State Engineer Division of Water Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Dear Mr. Rein : Martin and Wood Water Consultants, Inc. 602 Park Point Drive, Suite 275, Golden, CO 80401 Phone: (303) 526-2600 . Fax: (303) 526 -2624 www .martinandwood.com February 15, 2007 Re: City of Englewood Park Wells Nos . 1, 2, 3 and 6 07-08 Substitute Water Supply Plan ProjectNo.159.1 · This letter requests your approval of a 2007-2008 renewal substitute water supply plan for the City of Englewood's use of four junior decreed tributary wells. A check in the amount of $300 for the SWSP application fee has been enclosed. All accounting under the previously approved 2006- 2007 renewal substitute water supply plan has been supplied to the water commissioner and Division 1 office in a timely manner and in accordance with the terms and conditions of that plan . An application for plan of augmentation was filed with the Division 1 Water Court in Case No. 2002CW280. A notice of the request for approval of the SWSP as well as the attached engineering report have been sent to all objectors in Case No. 02CW280 as shown on the attached Certificate of Service. In addition, this letter describes the status of the application for a plan for augmentation filed in Case No . 02CW280, per the requirement in Paragraph 1 of the 2006 substitute water supply plan approval letter for the City of Englewood Park Wells. The City of Englewood filed its application for a plan for augmentation in Water Com1 in November 2002 . A proposed decree in support of the application was sent to all objectors in the case on February 24, 2006 and a revised engineering report was sent to all objectors on August 21, 2006. Objectors ' 26(a)(2) disclosures were filed in December 2006. A two-day trial is set for April 16-17, 2007. The City of Englewood relies on the four tributary wells to irrigate four of its municipal parks, including Cushing Park, Jason Park, Miller Fields, and Centennial Park. The City of Englewood has no other means of irrigating the four parks and thus, must rely on the tributary wells for irrigation . If the City of Englewood were unable to continue using its four tributary wells for irrigation, it would cause undue hardship to the City, residents, and others who use these parks. I ' ' ' ' I ' ' I I I I I I Please let me know if you have any questions regarding this matter. Cc : Mr. David Hill/Geoff Williamson Mr. Stewart H . Fonda Mr. Joe Pershin Sincerely, m ·~ ;~CrJff\.-/ Michelle Cunico Johnson, EI Project Engineer/Hydrogeologist u ~,.., ... .,._.., •••--..J •••-··. - l l TABLE OF CONTENTS I. INTRODUCTION ..................................................................................................... 1 A. GENERAL DESCRIPTION OF PARKS AND SUPPLY FROM WELLS ................................ 1 B. SCOPE OF REPORT .................................................................................................... 1 II. IRRIGATION OF THE FOUR PARKS ................................................................. 2 A. CUSHING PARK ........................................................................................................ 2 B. JASON PARK ............................................................................................................. 2 c. MILLER FIELDS ........................................................................................................ 2 c. CENTENNIAL p ARK .................................................................................................. 3 III. ESTIMATED FUTURE IRRIGATION WATER REQUIREMENTS AND STREAM DEPLETIONS·······················-········································································· 3 A. WATER REQUIREMENTS FOR EACH PARK ................................................................ 3 B. STREAM DEPLETIONS ............................................................................................... 3 IV. SUBSTITUTE WATER SUPPLY PLAN ............................................................... 4 A. GENERAL PURPOSE .................................................................................................. 4 B. SOURCES OF AUGMENTATION WATER ..................................................................... 5 C. ACCOUNTING ........................................................................................................... 6 V. CONCLUSION ................................. -....................................................................... 6 Martin and Wood Water Consultants, Inc . ' II II TABLES TABLE 1 -ESTIMATED ANNUAL AVERAGE WATER REQUIREMENT FOR EACH PARK TABLE 2 -INPUTS USED IN THE GLOVER STREAM DEPLETION ANALYSIS TABLE 3 -LAGGING FACTORS FOR WELL DEPLETIONS TABLE 4 -SAMPLE ACCOUNTING FORM FOR THE SUBSTITUTE WATER SUPPLY PLAN FIGURES FIGURE 1 -LOCATION OF ENGLEWOOD MUNICIPAL PARKS AND WELLS Martin and Wood Water Consultants, Inc . II II ll I I I I I I I I. INTRODUCTION This report supports the application for a renewal substitute water supply plan ("SWSP") for the City of Englewood. The City of Englewood has a pending Water , Court application in Division 1 (Case No. 02CW280) for a plan for augmentation for the City of Englewood's use of four junior, decreed tributary wells herein tenned the ''Park Wells". A. General Description of Parks and Supply from Wells The City of Englewood ("City") uses water provided by four junior tributary alluvial wells to irrigate approximately 23 acres at four of the City's municipal parks. The location of each park and well is shown in Figure 1 and is described as follows. Cushing Park is located in Section 34, T4S, R68W, and is supplied by Well No. 6. Jason Park is located in Section 4, TSS, R68W, and is supplied by Well No. 3. Miller Fields is located in Section 3, TSS, R68W, and is supplied by Well No. 2. Centennial Park is located in Section 8, TSS, R68W, and is supplied by Well No. 1. Well No. 1 (Centennial Park) has been metered since 2002. The City has purchased totalizing flow meters for Well Nos. 2, 3, and 6 and will be installing the meters prior to the 2007 irrigation season. B. Scope of Report .This engineering report provides information regarding the irrigation of the four parks, the estimated future irrigation water requirement for each park, the method for detennining lagged depletions from each well, and the augmentation sources to be used to replace out-of-priority depletions. -1- Martin and Wood Water Consultants, Inc. I I I I I I II. IRRIGATIONOFTHEFOURPARKS Water pumped from the four park wells is used for irrigation purposes. A description of the water rights decreed in Case No. W-6588, dated July 3, 1972, for each well, and the decreed amount of water for each well are provided below. The irrigated areas reported below represent the current areas irrigated at each park. The irrigated areas were delineated using 2005 aerial photographs and were also verified in the field. A. Cushing Park Cushing Park is supplied by Well No. 6 with well permit number RF--601, which replaced permit number RF 19745-R. The well has a date of appropriation of August 16, 1968. Well No. 6 is used to irrigate approximately 5.56 acres of land located in the NW~ of SW~ of Section 34, T4S, R68W, with a decreed amount of 110 gal/min. Water from Well No. 6 is pumped into a small pond that discharges into Little Dry Creek. Water used for irrigation purposes on Cushing Park is pumped directly from the pond, which was constructed prior to 1981. B. Jason Park Jason Park is supplied by Well No. 3, permit number 13127-F, with a date of appropriation of June 10, 1964. Well No. 3 is used to irrigate approximately 7.15 acres of land located in the SE ~ of SE ~ of Section 4, TSS, R68W, with a decreed amount of 148 gal/min. C. Miller Fields Miller Fields is supplied by Well No. 2, permit number RF-165, that replaced permit number Rl3324. The well has a date of appropriation of April 25, 1966. -2- Martin and Wood Water Consultants, Inc . [ ~ I I I I III. Well No. 2 is used to irrigate approximately 3.76 acres of land located in the NE ~of NW~ of Section 3, TSS, R68W, with a decreed amount ofl35 gaVmin. C. Centennial Park Centennial Park is supplied by Well No . 1, permit number 013981-F, with a date of appropriation of May 15, 1956. Well No.I is used to irrigate approximately 6.70 acres of land in the SW~ of NE~ of Section 8, T5S, R68W, with a decreed amount of 449 gaVmin. ESTIMATED FUTURE IRRIGATION WATER REQUIREMENTS AND STREAM DEPLETIONS A. Water Requirements for Each Park Based on the estimated and metered (Well No. 1) well use for the period of 1999 through 2005, it was determined that the irrigation application rates on the four parks has been, on average, less than 80% of the irrigation consumptive use requirement for bluegrass in the area. Using an irrigation application rate equal to 80% of the average irrigation consumptive use value (2.30 feet) for a normal year of precipitation and temperature, an estimated future monthly average water requirement for each park was calculated and is shown in Table 1. B. Stream Depletions Depletions to the South Platte River from future pumping of the four park wells will be calculated using the Glover methodology. Input values for the program were derived using a saturated thickness map of the alluvial aquifer published by the USOS (1996), and a published average hydraulic conductivity value (200 ft/day) based on the similar geologic materials reported in each well log. Well No. 3, which is used to irrigate Jason Park, was not shown to lie within the shallow -3- Martin and Wood Water Consultants, Inc . aquifer system according to the USGS map. However, this well is productive, and therefore the saturated thickness was estimated based on the static water level and depth of the well reported in the well log. A specific yield value of 0.2 was used, which is a commonly used value for the South Platte River alluvium. Table 2 presents the parameters used in the Glover analysis, and Table 3 presents the lagging factors for each well. The location of depletions from pumping of the four park wells occurs within the reach of the South Platte River beginning at the confluence of Big Dry Creek and the South Platte River, located in the SE 14 of Section 9, TSS, R68W, 61h P.M., downstream to a point where the South Platte River crosses West Dartmouth Ave., located in the SW 14 of Section 33, T4S, R68W, 6th P.M. Post-pumping depletions will extend for a period of 72 months for Well Nos. 6 and 2, 21 months for Well No. 1, and 33 months for Well No. 3. IV. SUBSTITUTE WATER SUPPLY PLAN A. General Purpose The purpose of this substitute water supply plan is to replace out-of-priority depletions to the South Platte River from the use of the four park wells for irrigation purposes. The City will replace 100% of the amount of water pumped as recorded by each well meter. The City will continue to furnish on a monthly basis the metered use and the lagged depletions from each well and will provide replacement water to the South Platte River when such lagged depletions are out- of-priority based on a well priority date of August 16, 1968, which is the most junior priority of the four wells. The City will report the depletions from these wells and the amounts and sources of replacement water provided along the format of the sample accounting (Table 4). -4- Martin and Wood Water Consultants, Inc. B. Sources of Augmentation Water The water that will be used by the City to augment the out-of-priority depletions to the South Platte River caused by pumping of the park wells will be provided from the following water rights : 1. Englewood's nontributary and not nontributary ground water rights as decreed in Case No. 89CW061, 2. Englewood's nontributary and not nontributary ground water rights as •' decreed in Case No. 89CW062, 3. Englewood's consumptive use water rights in the Nevada Ditch as decreed in Case No. 88CW202, 4. Englewood's conswnptive use water rights in the Brown Ditch as decreed in Case No. 86CW014, 5. Englewood's consumptive use water rights in the McBroom Ditch as decreed in Case No. 88CW203, 6. Englewood's municipal water rights in the McBroom Municipal Intake as described in Case No. 89CW063, 7. Englewood's contractual water rights to delivery of municipally decreed consumptive use water from the City of Westminster and the City of Thornton, 8. Any other water right or contract water which Englewood subsequently acquires which is legally available for use in this augmentation plan. The location for delivery of augmentation water to the South Platte River for sources 1 through 6, as listed above, is within the reach of the South Platte River beginning at the point of discharge from Chatfield Reservoir into the South Platte River, located in the NE ~ of Section 1, T6S, R69W, 6th P.M. and continuing -5- Martin and Wood Water Consultants, Inc. downstream to the confluence of Bear Creek and the South Platte River, located in the NW~ of Section 4, TSS, R68W, 6th P.M. The location for delivery of augmentation water to the South Platte River for source 7, listed above, is within the reach of the South Platte River beginning at the headgate of the Highline Canal, located in the SE ~ of Section 33, T6S, R69W, 6th P.M. and continuing downstream to the confluence of Bear Creek and the South Platte River, located in the NW~ of Section 4, TSS, R68W, 6th P.M. C. Accounting A proposed accounting form is presented in Table 4 that will be used to report the volume of water pumped from each well, the volume of out-of-priority lagged depletions, and the decreed source of water used to augment the out-of-priority depletions. V. CONCLUSION This proposed substitute water supply plan provides the City of Englewood the opportunity to continue to operate its four alluvial wells for irrigation use on the four parks while preventing injury to existing water rights on the South Platte River. -6- Martin and Wood Water Consultants, Inc . ~ _., -• • - TABLEl ESTIMATED ANNUAL AVERAGE WATER REQUIREMENT FOR EACH PARK IN ACRE-FEET Irrigation Consumptive Use Reauirement for a Normal Year of Precipitation and Temperature (Feet) Jan Feb Mar April May June July Aug Sept Oct Nov Dec Total 0 .00 0.00 0.00 0 .20 0.28 0.45 0 .44 0.40 0.34 0 .19 0.00 0 .00 2.30 Calculated Water Requirements at 80% of Normal-Year Irrigation Consumptive Use Requirement (Acre-Feet) Irrigated Park Area (acres) Jan Feb Mar April May Jone Joly Aug Sept Oct Nov Dec Total K;entc:nnial Park (Well No. I) 6 .70 ----. {l.00 0.00 0.00 -l.-07 . ··1:50 . . ·2:41 . ·2:36 . 2:14 . ·I-:82 . ·L62 · 0.00 . ·0.00 . -12.33 . Cushing Park (Well No. 6) 5.56 0.00 0 .00 0.00 0.89 1.25 2.00 1.96 1.78 1.5 1 0 .85 0.00 0 .00 10.23 Jason Park (Well !No. 3) 7 .15 0.00 0 .00 0 .00 1.14 1.60 2.57 2.52 2.29 1.94 1.09 0.00 0.00 13.16 Miller Fields (Well No.2) 3.76 0 .00 0 .00 0.00 0 .60 0 .84 1.35 1.32 1.20 1.02 0.57 0 .00 0.00 6 .92 Totals: 23.17 0.00 0.00 0.00 3.71 5.19 8 .34 8.16 7.41 6.30 3.52 0.00 0.00 42.64 Martin and Wood Water Consultants. Inc. • l •: ., t • .... ··--··---····· -····-... -·-·· .. -·-······-···-···--······ .... $.U!PU! ACCOUNTtNG FORM FOii TffB Cl Well No. J.aagecl DcpletiOI Cushi r ___ , __ _ j --i··----·---------··------! Mtlrlt ---~~~------. --. '- ll.14 IW()OI) PARK WELLS SU8STITUTE WATt.R SUPPLY PLAN McBcooln flOlll Nevlda Municipal Tbomton/Wcstminller Ditch Brown Ditch h11al:• Standley Lal<• Other Decreed or Total Total Out-of-Priority 89CW061 89CW062 88CW202 86CWOl4 89CW063 A reemcnt Contract Sources D lotions acre-feet 12 ..) __ _ --j-----·-··i ······+-· -···-···r----; I , __ ; ___ ··--'.·--···--·=1~~~----~~-- ~-i ---1--i --r--··-- ····-j·--I -·-·+··-··-······ ·--+-----]---·--··----+---, I ·1--···-··-·---, TABLE3 LAGGING FACTORS FOR WEU. DEPLETIONS . ~--lUUAU LIA 1\ 1:<111blo11 em iw1n t:tsi.11 Jnon l!acl! !Wiii t:t11. ;u Milite El1lll1 IW1ll !111, 21 Monthly Monthly Monthly Monthly Monthly Monthly Depletion Depletion Depletion OepleUon Depletion Depletion Tlme Factor Time Factor Tlme Factor Time Factor Time Factor Time Factor Cmonthsl toercentl !months) (l!!!rcent! (months) (l!!!rcent! !months! (eercent! (months) foercenll Cmonlhsl f,_,,.,nt) 1 5.69 1 1.03 59 0.44 1 0.30 1 0.44 59 0.71 2 18.63 2 7.55 60 0.48 2 1.11 2 1.09 60 0.73 3 12.95 3 9 .68 61 0.48 3 3.53 3 3.02 61 0.68 4 8.73 4 7.96 62 0.48 4 5.31 4 4.19 62 0.69 5 6.70 5 6 .33 63 0.45 5 6.03 5 4.43 63 0.68 6 5.60 6 5 .13 64 0.44 6 6.18 6 4.26 64 0.68 7 4.90 7 4.26 65 0.45 7 6.00 7 3 .96 65 0 .68 8 4.39 8 3.62 66 0.44 8 5.70 8 3 .65 66 0.67 9 3.98 9 3.12 67 0.44 9 5.37 9 3.35 67 0.66 10 3.62 10 2 .74 68 0.43 10 5.01 10 3.08 68 0.66 11 3.31 11 2.43 69 0.43 11 4.68 11 2.84 69 0.65 12 3.03 12 2 .18 70 0.43 12 4.35 12 2 .63 70 0.65 13 2.78 13 1.98 71 0 .42 13 4.05 13 2.45 71 0.65 14 2.56 14 1 .81 72 0 .42 14 3.77 14 2.29 72 0.64 15 2.35 15 1.66 Sum: 100.00 15 3.51 15 2.15 Sum : 100.00 16 2.16 16 1.54 16 3.27 16 2.02 17 2.00 17 1.43 17 3.04 17 1.91 18 1.85 18 1.34 18 2.84 18 1.81 19 1.71 19 1.26 19 2.64 19 1.72 20 1.59 20 1.19 20 2.47 20 1.64 21 1.48 21 1.13 21 2.30 21 1.57 Sum : 100.00 22 1.07 22 2.16 22 1.50 23 1.02 23 2.01 23 1.44 24 0 .98 24 1.88 24 1.39 25 0 .94 25 1.77 25 1.34 26 0 .90 26 1.65 26 1.29 27 0 .87 27 1.55 27 1.25 28 0 .84 28 1.46 28 1.21 29 0 .81 29 1.36 29 1.18 30 0 .78 30 1.29 30 1.14 31 0 .76 31 1.21 31 1.11 32 0 .74 32 1.15 32 1.08 33 0 .72 33 1.07 33 1.06 34 0.70 Sum : 100.00 34 1.03 35 0.68 35 1.01 36 0 .66 36 0.99 37 0 .65 37 0.97 38 0 .63 38 0.95 39 0 .62 39 0.93 40 0.61 40 0.91 41 0.60 41 0.90 42 0.58 42 0.88 43 0.57 43 0 .87 44 0.58 44 0.85 45 0 .54 45 0 .84 46 0.54 46 0.83 47 0 .54 47 0.82 48 0.53 48 0.80 49 0.52 49 0.79 50 0.52 50 0.78 61 0.51 51 0.77 52 0.50 52 0.76 53 0.50 53 0.76 54 0 .49 54 0.75 55 0 .48 55 0.74 56 0 .48 56 0.73 57 0 .48 57 0 .72 58 0 .47 58 0.72 Mart//1 and Wood Walu Co11wlra11ts. Inc. I I I I I I I I I I I I I I I I I I I R68W Scale 1 :24,000 s Englewood Municipal Parks and Wells Location Map City of Englewood Figure 1 Job no. 159.1 September 12, 2006 David G. Hill Partner A TT. 'i BERG HILL GREENLEAF & RUSCITTI LLP ATTORNEYS & COUNSELORS AT LAW 1712 Pearl Street • Boulder, Colorado 80302 Tel: 303.402.1600 • Fax: 303.402.1601 bhgrlaw.com 2006 ANNUAL REPORT ON WATER LAW ACTIVITIES dgh@bhgrlaw.com Demand for water from the South Platte River continues to explode, putting pressure on all existing water rights , including those of Englewood. The increased demand comes, in general , from the following sources: Aurora, the largest city in Colorado , is chronically water short and in search of new supplies. Political pressures now prevent Aurora from obtaining more water from the Arkansas, long Aurora's principal area of acquisition. Aurora is now buying farm water rights in the "District 2" area, i.e., the stretch of very senior farm rights in the reach of the river generally from the I-270 crossing to Platteville, and changing them to municipal use . Many of those rights are senior to some of Englewood's core rights. Aurora and Denver (which also faces a shortage in the future) are taking steps to recapture every drop of their reusable return flows from the South Platte River. Much of the return flows of Denver and Aurora "belongs" to them and can be taken out of the river and used again. Those flows historically have gone down the river to senior users , thus reducing calls. That will not be the case for much longer. The water suppliers in Douglas County and the upper Cherry Creek basin get nearly all their supplies from "non-tributary" deep aquifers . The water levels in those aquifers have dropped alarmingly. Those water suppliers are now seeking (and getting) supplies from the South Platte , mostly in the District 2 area, but sometimes from as far away as the Fort Morgan area. Entrepreneurs are seeking to change District 2 rights to supply those areas via pipelines and pumping stations. Commerce City (via its supplier, South Adams Water and Sanitation District), Brighton and Broomfield have purchased District 2 rights and are seeking to change them to municipal use. I A developer plans a community of 10 ,000 at Keenesburg , on I-76, using District 2 water in part. The farmers whose well pumping has been curtailed are purchasing District 2 rights to augment their wells. Finally, Metro Sewer, Brighton, and South Adams plan to build a new wastewater treatment plant well downstream from Brighton. This has serious consequences with respect to many of the District 2 rights. The return flows from the more-upstream senior ditches, when used for farming , Page 2 enter the river above more-downstream senior ditches and help satisfy them . A number of the ditches which have historically been satisfied by those return flows are upstream from the location of the new sewage plant. Municipal return flows delivered at the new wastewater plant will not serve to satisfy the senior ditches that were once filled by the farm return flows. I.. e., the return flow location is to be moved downstream , leaving some senior ditches "high and dry." They will begin to impose calls , and they are senior to a number of Englewood 's core rights, as noted , Englewood must be vigilant to prevent this situation from arising. Of all these pressures , the one which required great effort in 2006 was the application to change a number of District 2 rights which divert at the Burlington headgate to municipal use. FRICO and United Water District, as "entrepreneurs ," s~ek to change the rights so as to enable sale of the water to various customers , who are apparently located largely in Douglas County. A pump and pipeline system would be built to deliver the water. East Cherry Creek Water and Sanitation District is a co-applicant with respect to some of the same water rights , and has already built its pipeline and pumps and is actually delivering the water to its area on upper Cherry Creek, under a temporary Substitute Water Supply Plan approved by the State Engineer. The Burlington rights in question have been vastly over-diverted by the farmers. It is important to Englewood that the over-diversions cease , and not be carried forward into the contemplated municipal use . The change cases have been filed in several segments , the first of which was resolved , after tremendous contention, in late 2006. The 2006 results were very favorable , after the Judge ruled against the Applicants on a number of crucial issues. The decree requires adequate accounting (for the first time in some 86 years) and adherence to the rules which permit a reservoir to be filled only once a year, and require carryover water to be counted against the fill. The historic over-diversions will be substantially reduced by these results . More of these Burlington cases are to follow , and they include some issues which are very important to Englewood. There are two more of the cases set for trial in 2008, which include the most important of the remaining issues. It is to be hoped that these follow-on cases will be settled more easily , given our notable success in overcoming the Applicants' positions in the 2006 case. We are carefully monitoring all of the other District 2 change cases. Most of them are still in a very early posture , without engineering reports or a proposed decree. The Brighton case , however, is nearing a settled decree or a trial. While Brighton's engineering of the amount to be changed is sound , we have not been able to resolve with Brighton's counsel the problems which will be created by discharge of the former farm return flows at the new wastewater treatment plant, instead of at their historic location upstream . Whether those issues can be resolved by negotiations remains to be seen. Similar issues will surface very quickly with respect to the South Adams application. Page 3 On other matters: We have at last reached an agreement with Thornton to the effect that Thornton will cease to interfere with our diligence proceedings and augmentation cases in the stretch of the river from Bear Creek to Chatfield. We withdrew from some rather minor Thornton cases in return. Most importantly, Thornton will cease to oppose diligence proceedings on our McBroom municipal right and cease to challenge our associated augmentation plan. Our application for a small augmentation plan for four park wells progressed to the point where we had a final engineering plan and a proposed decree. It now appears that a stipulated decree is likely. The struggle to complete the shutdown of farm wells which illegally divert is ongoing and bitter. Englewood played a strong role in this effort in 2001 and 2002, which aided in obtaining a very favorable Supreme Court ruling and good legislation (and defeated efforts in the legislature to allow the wells to pump without replacement). Of late , Englewood has played only a monitoring role, because there are many strong players on Englewood's side who are participating heavily, and there is little that Englewood could add . By contrast, there are few serious opponents in the Burlington change cases other than Englewood and Aurora, and it is not clear how many serious opponents there will be to the other District 2 change cases. Englewood's presence is· very much neededin those cases. Respectfully Submitted, David G . Hill Special Water Counsel The four city parks (Cushing, Centennial, Miller and Jason) use 38 af I year. This does not include Rockies Field which uses about 12 af I year . Golf Course irrigation for 2006: April May June July August September October Back Front 9 9 6.38 11.09 13.27 10.34 6.53 5.92 2.85 56.38 14.95 25.01 31.03 25.74 15.62 10.85 5.46 128.66 Total 185.04 Price Structure for Water Delivered to CWSD High Price Water Medium Price Water Low Price Water ('<\ «. )'.M-- -.)u"' '{'<\ _ \2w\s.A iv--. 2 ~3,y> -s.ee-""°""' fJ> \ c Cll..>fS \ ~ per acre-foot $362.49 $188.25 $106.49 :f.f <jervv.~ ~ix) -~o wuj-h> r \SL~ 1b \'~ 60 ~"5 . Bu+-t'Y\611.fl.. ~\ 1- -C.v t- --bve... tt. II. -:,\-a..~(,,. LV :th.!'\ en+v.. pr·. u hi..J. .. Sm~iu~ ~ Ga." Co(\ k\ ---