HomeMy WebLinkAbout2008-11-12 WSB AGENDAWATER & SEWER BOARD
AGENDA
Wednesday, November 12, 2008
5:00 P.M.
CITY COUNCIL CONFERENCE ROOM
(NEXT TO CITY MANAGER'S OFFICE)
1. MINUTES OF THE OCTOBER 14, 2008 MEETING AND PHONE VOTE OF
SEPT. 26, 2008. (ATT. 1)
2. SOUTHGATE SUPPLEMENT #165 . (ATT. 2)
3. MAIN REPLACEMENT RESULTS FROM 4100 & 4200 BLOCKS OF S.
WASHINGTON. (ATT. 3)
4 WATER RIGHTS UPDATE FROM DAVID HILL DATED OCTOBER 9, 2008 .
(ATT. 4)
5. CHRISTMAS DINNER AT NORTHWOODS INN ON DECEMBER 9, 2008 AT
5:00P.M.
DIRECTIONS -8109 BLAKELAND DR. LITTLETON, CO 80125.
SANTA FE SOUTH, CROSS C-470 AND GO 1 BLOCK, TURN RIGHT AT
THE DIAMOND SHAMROCK STATION. GO Yi BLOCK AND TURN
RIGHT AT THE NORTHWOODS INN.
6. OTHER.
WATER AND SEWER BOARD
PHONE VOTE
OCTOBER 20 , 2008
ATT. 1
The Englewood Water and Sewer Board received the minutes of the October 14, 2008
Water and Sewer Board meeting.
Mr. Cassidy moved:
Mr. Woodward seconded:
Ayes :
Members not reached:
Nays:
Abstain:
Motion carried.
To recommend approval of the October 14,
2008 Water and Sewer Board minutes.
Burns, Wiggins , Oakley, Cassidy, Clark,
Woodward
Higday, Habenicht
None
Moore
The next meeting will be held October 14, 2008 at 5:00 p .m .
Respectfully submitted,
Cathy Burrage
Recording Secretary
WATER AND SEWER BOARD
MINUTES
October 14, 2008
The meeting was called to order at 5:03 p.m.
Members present:
Members absent :
Also present:
Bums, Clark, Higday, Cassidy, Wiggins,
Woodward, Oakley, Habenicht
Moore
Stewart Fonda, Director of Utilities
John Bock, Utilities Administration Mgr.
Bill McCormick, Operations Supt. -Util.
Dennis Stowe , Bi-City WWTP Manager
Joe Tom Wood, Martin & Wood
John Gallagher, Red Oak Consultants
David Hill, Englewood Water Attorney
John Banaschek, Englewood Water Attorney
1. MINUTES OF THE SEPT. 23 , 2008 AND PHONE VOTE OF SEPT . 26, 2008 .
The Englewood Water and Sewer Board received a copy of the minutes of the September
23, 2008 meeting and the phone vote of September 26, 2008 approving the minutes.
2 . GUEST: DAVID HILL & JOHN BANASHEK -WATER ATTORNEYS FOR
ENGLEWOOD.
David Hill and John Banashek distributed copies of "Memo to Englewood Water and
Sewer Board RE: Trial Court Ruling in Frico/United/East Cherry Creek Litigation" to the
Water and Sewer Board. Mr. Hill and Mr. Banaschek explained the significance of the
FRICO trial rulings and possible appeals to the Supreme Court and answered questions
from the Board.
3. GAUGING STATIONS AT UNION AVE. &BI-CITY WASTEWATER
TREATMENT PLANT.
The USGS, Urban Drainage and the City of Englewood contribute to the cost of
maintaining the flow gauge at Union A venue and the flow gauge and the water quality
monitor at the Littleton/Englewood Wastewater Treatment Plant. Data from this
equipment is used to make calls for water releases from Chatfield to maintain necessary
levels at the Union A venue Reservoir and determine State water quality permit
requirements for the Littleton/Englewood Wastewater Treatment Plant.
Englewood's share of existing program costs for Englewood's two gauging stations and
one monitoring station is $31,320 and the USGS Federal matching funds are $19,795, for
a combined total from both entities of $51, 115. It is also recommended that the Director
of Utilities be authorized to execute the agreement and further extend the agreement for
five additional one-year periods .
Mr. Higday moved;
Mr. Bums seconded
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval by
Ordinance the renewal of the
Intergovernmental Agreement for Joint
Funding between the City of Englewood and
the USGS Survey in the amount of $19,795
for Englewood 's portion for the time period
of Oc tober 1, 2008 to September 30, 2009,
and to authorize the Director of Utilities to
execute the agreement and further extend the
agreement for five additional one-year
periods.
Bums, Clark, Higday, Cassidy, Wiggins,
Woodward, Oakley, Habenicht
None
Moore
4. WATER RATE INCREASES .
Stewart Fonda discussed proposed water rate increases to cover increasing expenses due
to inflation and capital improvements. Capital items deemed crucial include rebuilding
the Allen Plant roof, modifying the overhead storage reservoirs piping system, City ditch
piping and rebuilding some major transmission mains in the distribution system. The
Utility will also be required to install an ultraviolet disinfection system at the Allen Plant
by 2013 to meet Federal regulations governing cyst removal.
Additional capital projects include rebuilding the 16" W. Union Ave. water transmission
main, rebuilding the 18" water transmission main in front of Swedish Medical Center
from Lincoln to Clarkson Street and painting the Zuni and Sherman elevated storage
tanks. 300' of the 30" McLellan tunnel pipe will also be repainted.
The water rate increases would be 7% in 2009, 7% in 2010 and 6% in 2011 effective
January 1, 2009. The proposed increases would adequately fund the operation and
maintenance of the system, including the capital requirements, while providing bond
coverage and maintaining adequate reserves.
The Board also received two articles, "Denver Water hikes rates 7.5 percent," from the
Sept. 25, 2008 Rocky Mountain News and, "Council poised to support increased water
rate structure," from the October 13, 2008 Aurora Sentinel. In addition, a Water Rate
Comparison chart was distributed showing that even with the proposed rate increase,
Englewood would have one of the least expensive water rate structures in the Denver
metro area.
Mr. Bums moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
Mr. Wiggins excused himself at 6:30 p .m.
To recommend Council approval of the
Resolution for an increase in water service
charges, which will be 7% in 2009, 7% in
2010 and 6% in 2011 effective January 1,
2009.
Bums, Clark, Higday, Cassidy, Wiggins,
Woodward, Oakley, Habenicht
None
Moore
5. SEWER RATE INCREASES.
Mr. Fonda noted that in 2008 the Littleton/Englewood Wastewater Treatment Plant will
be completed after four years of construction. The construction was necessary to
accommodate recent denitrification requirements imposed by the State Health
Department.
The sewer rate increases would be 8% in 2009 , 8% in 2010 and 8% in 2011 . The
proposed series of rate adjustments would provide adequate funds to operate and maintain
the Bi-City Plant as well as the Englewood sewer collection system. The proposed
increase would provide adequate funds to allow completion of several capital projects at
the Bi-City Plant that were determined during the construction period to be necessary.
In addition , a Sewer Rate Comparison chart was distributed showing that even with the
proposed rate increase, Englewood would have one of the least expensive sewer rate
structures in the Denver metro area.
Mr. Bums moved;
Mr. Cassidy seconded :
Ayes:
Nays :
Members absent:
Motion carried.
To recommend Council approval of the
Resolution for increases in sewer service
charges , which will be 8% in 2009, 8% in
2010 and 8% in 2011 effective January 1,
2009 .
Bums, Clark, Higday, Cassidy, Woodward,
Oakley, Habenicht
None
Moore, Wiggins
6. BOARD, COMMISSION AND AUTHORITY INTERVIEW PROCESS .
The Board received a memo from Mayor Woodward and members of City Council
regarding changes for board members requesting reappointment to a board, commission
or authority. Two separate deadlines will be in effect -one for members seeking
reappointment and another for new applicants . Council will continue to request
attendance reports prior to the interviews and comments from the Chairs on members
seeking reappointment.
7. LETTER FROM RANDALL GIFFIN, CHAJR OF THE COLORADO WATER
UTILITIES COUNCIL OF A WW A DATED October 13, 2008
The Board received a letter from Randall Giffin of A WW A regarding the $6.5 billion
economic stimulus legislation recently approved by the House of Representatives (R.R.
7110) for drinking water infrastructure projects.
The Board adjourned at 7 :30 p.m.
The next Englewood Water and Sewer Board will be held Tuesday, November 11, 2008
at 5 :00 p.m. in the Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
ATT. 2
COUNCIL COMMUNICATION
Date Agenda Item Subject
December 22, 2008 Southgate Supplement #165
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their November 11, 2008 meeting, recommended Council
approval of a Bill for an Ordinance approving Southgate Supplement #165.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage treatment to approximately 32,000 accounts outside
the City through contracts with numerous connector districts. The area is defined by the
natural drainage and extends south and east from Broadway to the Valley Highway and from
Hampden to Lincoln Ave. excluding Highlands Ranch. By contract the City of Englewood must
approve any additions of land to be served by the districts . These are usually in-fill situations
that are within what the City considers to be the area it has committed to serve. Adequate
capacity has been provided in the treatment plant to accommodate all such future inclusions.
Annexation of this parcel of land will not increase the tap allocation of the Southgate
Sanitation District.
A request was made by the Southgate Sanitation District representing the owner, 4000 East
Belleview LLC, for inclusion of Supplement #165 consisting of a parcel totaling 15.618 acres
into the Southgate Sanitation District for residential use. The property is currently zoned R 2.5
to be subdivided into 5 residential lots. The legal is attached as Exhibit "A". The property is
located between S. Steele Street and S. Colorado Blvd., south of Belleview.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for Ordinance
Southgate Sanitation District Supplement #165
SGSUPP165
SUPPLEMENT NO. I <P S TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk , hereinafter
called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas
Counties , Colorado, hereinafter called the "District,"
WITNESS ETH:
WHEREAS, on the 20th day of June , 1961, the City and the District entered
into an Agreement in which the City agreed to treat sewage originating from the District's
sanitary sewer system within the area served by the District, which Agreement was most
recently renewed by Connector's Agreement dated November 16 , 1988; and
WHEREAS, said Connector's Agreement provides that the district may not
en large its service area without the written consent of the City;
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings herein set forth , the parties agree as follows :
1. The City hereby consents to the inclusion of certain additional area
located in Arapahoe County, Colorado , owned by 4000 East Belleview LLC and more fully
described on Exhibit A attached hereto and incorporated herein by reference , into
Southgate Sanitation District. The City agrees that said additional area may be served with
the sewer facilities of the District , and that the City will treat the sewage discharged into the
City's trunk line from said additional area , all in accordance with the Connector's
Agreement dated November 16, 1988. Accordingly, Exhibit A referred to in Paragraph 1
of the Connector's Agreement dated November 16 , 1988, is hereby amended to include
such additional area.
2. Each and every other provision of the said Connector's Agreement
dated November 16 , 1988, shall remain unchanged.
IN WITNESS WHEREOF, the parties have set their hands and seals this
__ day of , 200_.
ATIEST:
CITY CLERK
(SEAL)
CITY OF ENGLEWOOD
By : ________ _
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
COLORADO /
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By : 4(/'. . .di#~-,.
\J-(0'£-
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EXHIBIT "A' I
PARCEL DESCRIPTION
THAT PORTION OF TRACTS 214, 217, 218, 219 LYING SOUTH OF THE HIGHLINE CANAL RIGHT-
OF-WAY ANO THAT PORTION OF TRACT 220 LYING EAST OF THE HIGHLINE CANAL RIGHT-OF-WAY
AND THAT PORTION OF VACATED CHAMBERLIN AVENUE LYING SOUTH OF THE HIGHLINE CANAL
AND ADJACENT TO TRACT 219 AND TRACT 220, AND THE NORTH HALF OF VACATED WILLAMETIE
AVENUE ADJACENT TO TRACTS 218, 219, 220, AND THE WEST HALF OF COLORADO BOULEVARD
AS VACATED BY DOCUMENT RECORDED IN BOOK 1620, PAGE 526 LYING SOUTH OF THE HIGHLINE
CANAL RIGHT-OF-WAY AND ADJACENT TO TRACT 218, ALL TRACTS AND STREETS AS PLAITED IN
SOUTH DENVER GARDENS, AS RECORDED IN BOOK 12 AT PAGE 25, RECORDS OF ARAPAHOE
COUNTY, COLORADO, BEING A PORTION OF SECTION 13, TOWNSHIP 5 SOUTH , RANGE 68 WEST
OF THE 6TH PRINCIPAL MERIDIAN, ARAPAHOE COUNTY, COLORADO , BEING DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS:THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP
5 SOUTH , RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN , ARAPAHOE COUNTY, COLORADO ,
BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3" ALUMINUM SURVEYORS CAP
STAMPED "COLO DEPT OF HIGHWAY 1991 PLS 27278" BEING APPROPRIATELY MARKED AND AT
THE EAST QUARTER CORNER BY A 3" ALUMINUM SURVEYORS CAP STAMPED "CHICHESTER PLS
7735" BEING APPROPRIATELY MARKED, BEING ASSUMED TO BEAR S00°15'42"W, A DISTANCE OF
2642.51 FEET. .
COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 68
WEST OF THE 6TH PRINCIPAL MERIDIAN, ARAPAHOE COUNTY, COLORADO;
THENCE ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION .13, S00°15'42"W A
DISTANCE OF 1190.87 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE.
HIGHLINE CANAL, SAID POINT BEING THE POINT OF BEGINNING;
THENCE CONTINUING ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13,
S00°15'42"W, A DISTANCE OF 135.03 FEET;
THENCE N89°34'11"W, A DISTANCE OF 1262.53 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF SAID HIGH LINE CANAL, SAID POINT BEING A POINT OF NON-TANGENT CURVE;
THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE AND ON THE ARC OF A CURVE TO THE LEFT,
WHOSE CENTER BEARS S84°44'51"W, HAVING A RADIUS OF 598 .00 FEET, A CENTRAL ANGLE OF
20°13'58", AN ARC LENGTH OF 211 .17 FEET TO A POINT OF NON-TANGENT;
THENCE N00°32'28"E, A DISTANCE OF 463.81 FEET;
THENCE S89°33'55"E , A DISTANCE OF 328 .16 FEET;
THENCE N00°45'15"E, A DISTANCE OF 45.80 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID HIGHLINE CANAL;
THENCE ON SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES:
1. S67°14'31''E, A DISTANCE OF 463.67 FEET TO A POINT OF CURVE;
2. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 916 .00 FEET, A CENTRAL ANGLE
OF 13°09'09", AN ARC LENGTH OF 210.27 FEET TO A POINT OF TANGENT;
3. S54°05'22"E, A DISTANCE OF 233.22 FEET TO A POINT OF CURVE;
4 . ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 891.00 FEET, A CENTRAL ANGLE
OF 07°19'24", AN ARC LENGTH OF 113.89 FEET TO A POINT OF TANGENT;
5 . S46°45;58"E , A DISTANCE OF 135.28 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 680,331 SQUARE FEET OR 15.6183 ACRES .
15 12 Larimer Street , Suite 325
Denver, Colorado 80202 ETKIN
JOHNSON
ceMr#eiilj August 27, 2008
(via Messenger)
Tel: 303.629.52 12 Fax: 303.629.5451
etkinjohnson. com
Mr. Bill Jennings
District Engineer
Southgate Water and Sanitation Districts
3 722 East Orchard Road
Centennial, Colorado 80121
Dear Mr. Jennings :
f(Ud <t/fl
Re: Harrison Oaks South
·1J V;\~.
Greenwood Village, Colorado \0 '
It is requested that the above referenced property be included within the Southgate
Sanitation District. The property is currently located within the Southgate Water District.
oJ,v'l
We are processing a plat for the property which will create five residential lots in *
conformance with the R 2.5 zoning classification as administered by Greenwood Village.
Attached please find a reduced scale Utility Plan, dated August 20, 2008 prepared by
JR Engineering which depicts the currently proposed lot configuration.
The following information is attached for your use in considering this request:
1. Two (2) copies of referenced reduced scale Utility Plan.
2. Two (2) copies of title commitment issued by Fidelity National Title Insurance
Company, effective date July 11, 2008. Please note this title commitment is for
the property owned by the applicant on both the north and south sides of the
Highline Canal.
3. Two (2) copies of reduced scale parcel map indicating proposed inclusion area.
4. Two (2) original Exhibit B, Inclusion Agreements with attachment. Signed and
notarized by Petitioner.
5. Check No. 1202 ($1,936.83), dated August 26, 2008 for payment of Processing
Fee and Sewer Inclusion Fee (attached August 8, 2008 calculation summary).
Please contact me should you have any questions regarding this request or require
additional information. Thank you.
Sincerely,
tkin Johnson Group
ice President
cc: Jim Fitzmorris at JR Engineering (w/ enclosure)
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Southgate Utilities
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PREPARED f OR
ETK IN JOHNSOO CR OUP
1512 LARIMER STREET
SUITE J25
OENVER . CO 80202
PHONE' (303) 223-2185
FAJt (lOl) 629-5151
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ATT .3
T y 0 F E N G L E W 0 0
MEMORANDUM
TO: Englewood Water and Sewer Board
FROM : Bill McCormick, Operations Supt. -Utilities
DATE: November 4, 2008
RE: Water main replacement in the 4100 and 4200 blocks of S. Washington
Due to deterioration of the pipe and numerous main breaks, two blocks of 4" water main
at the 4100 and 4200 blocks of South Washington Street were in need ofreplacement.
Beginning in August, 2008 the distribution crew began replacing 1,329 feet of 6" unlined
cast iron water main with new 8" PVC pipe.
Included in the project were 48 new 8" x W' water taps, 48 new W' copper service lines
were installed from the main to the stop box and 25 lead service lines were changed to
copper from the main to the stop box. Total cost for this project was $214,404.49. Of
this total cost, parts and aggregate was $30,340.68 and street cut footage was $34,888.
The remaining cost was for the time and equipment of the distribution crew.
These blocks were chosen for replacement to reduce main breaks and improve water
quality in this area.
1000 Englewood Parkwa y Engl ewood , Co lorado 80 110 Phone 303-762-2300
www.e nglewoodgov.org
D
ATT.4
BERG HILL GREENLEAF & RUSCITTI LLP
ATTORNEYS & COUNSELORS AT LAW
David G. Hill
Partner
Daniel L. Brotzman, Esq.
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110-0110
Re: September Invoice
Dear Dan:
1712 Pearl Street • Boulder, Colorado 80302
Tel: 303.402.1600 • Fax: 303.402.1601
bhgrlaw.com
October 9, 2008
dgh@bhgrlaw.com
Enclosed please find our invoices for professional services on water matters for September 1,
2008 , tlu·ough September 30, 2008, in the amount of $31,531. 73, with a total for the year of
$528,126.14.
The amount for this billing cycle on major cases is listed below:
I Name I Amount I No. I
General $ 1,202.50 001
FRI CO (02CW105) Change and Related Cases 7,727.47 504
Aurora (02CW341) Lawn Return Flows 1,400.00 541
Cannon Land, et al. (03CW084) Change 1,560.50 553
Johnson & Edwards Ditch Co. (03CW423) Recharge 1,128.50 598
Pulte Home & Bromfield (05CW290) Brighton Ditch 2,422.66 670
FRICO 02CW403 Aooeal 7,471.78 712
Stu Fonda has asked us to proyide brief descriptions of the reasons for Englewood's
involvement in all cases which appear on our bills each month, as well as a brief summary of the
Daniel L. Brotzman
October 9, 2008
Page 2
work performed by this firm during the month. The following paragraphs contain these descriptions
with respect to th e matters reflected on the enclosed invoices:
Introduction. Please understand that this letter is a confidential attorney-client
communication. Please keep it confidential.
Our time on the FRJCO/United/East Cherry Creek case was spent on the following efforts :
First , we received the ruling on September 5. It consists of 154 pages plus some attachments,
and both Jon Banashek and I spent some time studying it.
Second , the ruling v astl y altered the Applicants ' previous methods for calculating lawful
historic use on their shares . The Judge directed the Applicants to revise their calculations and submit
a decree based on revisions made in accordance with his ruling. The opposers (including
Englewood) were then to submit their calculations (based on his ruling) and any proposed revisions
to Applicants ' draft decree. Opposers were given onl y a short period to respond to Applicants '
proposed calculations and decree . The ruling, in certain respects , altered the previous Martin and
Wood calculations. Although the total alterations of the previous Martin and Wood calculations are
not large, the calculations have to be re-worked.
Unfortunatel y, in some respects the Judge 's ruling is not entirely clear as 'to how the
recalculations are to be made. We have been re-reading the decree and consulting with Martin and
Wood concerning the methods they are to use in recalculating lawful historic consumptive use.
Applicant 's proposed decree and calculations are due October 13. Our revised calculations
are due 15 days after that, and then Applicants have 10 days in which to reply .
Englewood expects to appeal two aspects of the Judge 's ruling. The first is the Judge 's
decision that the Metro pumps may not be used to hasten the filling of the various Burlington Canal
reservoirs. The second is the Judge 's adverse ruling on our claim that Denver and FRJCO were
injuring Englewood through the 1999 Agreement. The Judge's ruling was not clear as to the dates
when the respective notices of appeal must be filed. Therefore we filed a motion for clarification,
asking for a ruling as to the dates which determine when the notices must be filed . There appear to
be no adverse parties , and a ruling is expected on October 18.
AB to the Metro Pumps ruling , Denver and Englewood are on the same side. Assun1ing the
Judge rules that the Metro Pun1ps ruling is not appealable until 4 5 days after a final decree is entered,
Denver intends to file a motion under Rule 54(b) asking for an immediate appeal on the Metro
Pumps ruling. Denver prepared a motion and' submitted it to us for criticisms and suggestions for
Daniel L. Brotzman
October 9, 2008
Page 3
additional materials. We prepared and submitted additional materials with respect to Denver 's
motion . We have not heard back from Denver, but expect to resume contacts as soon as we get the
Judge 's ruling on the motion to clarify the appeal dates.
The next matter of consequence is the application of Broomfield and Pulte Homes to change
Brighton Ditch water rights. The Brighton Ditch rights are senior to many of Englewood 's core
senior rights , and we are watching this case very carefully to be sure there is not an unlawful
expansion. The work to date has consisted primarily of reviewing the expert reports of the
Applicants and conferring with Martin and Wood concerning those reports .
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. Carlson (90CW017) (#209): This case involves the change of water rights
appurtenant to 38 shares of the Fulton Ditch and an augmentation plan for alluvial well water to be
used for lawn irrigation in a subdivision of 100 one-acre lots located just south of Brighton.
Englewood's main interest in this case is ensuring that the applicant's augmentation water is
introduced to the South Platte River upstream of the Brighton Ditch headgate, as the Brighton Ditch
has the ability to call out Englewood. We reviewed an order dismissing this case with prejudice.
3. 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 for replacement of depletions the Chatfield Fish Unit. Englewood
entered this case because of its location and because it relates to the fish hatchery . We prepared for
and participated in a Referee status conference.
4. Town of Castle Rock (92CW144) (#296): This case involves new water rights at
Denver's Strontia Springs Dam upstream from Englewood's Union A venue Intake and extension
of a decreed augmentation plan. Englewood needs to make sure the proper accounting and priority
date are used in the new water rights and to monitor the augmentation plan. We reviewed a notice
of substitution of Bernard Lyons firm as counsel for Applicant.