HomeMy WebLinkAbout2010-05-18 WSB AGENDA..
WATER& SEWER BOARD
AGENDA
Tuesday, May 18, 2010
5:00 P.M.
COMMUNITY DEVELOPMENT CONF. ROOM
ENGLEWOOD CITY HALL
1. MINUTES OF THE APRIL 13, 2010 MEETING. (ATT. 1)
2. SHARED WATERJSEWER LINES AT 3120 & 3126 S. LINCOLN ST.
(ATT . 2)
3. UPDATE OF HOAGENDYKE LITIGATION.
4. 2010 ENGINEERING AW ARD FOR LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT. (ATT 3)
5. WATER RIGHTS UPDATE FROM DAVID HILL DATED APRIL 8, 2010 .
(ATT. 4)
6. OTHER
**NOTE -THE NEXT WATER BOARD MEETING WILL BE
TUESDAY, MAY 18, 2010 AT 5:00 IN THE PUBLIC WORKS
CONFERENCE ROOM, SOUTH OF THE UTILITIES DEPT. **
WATER AND SEWER BOARD
MINUTES
April 13, 2010
A TT. I
The meeting was called to order at 5 :08 p.m.
Members present:
Members absent:
Also present:
Clark, Olson, Cassidy, Wiggins, Woodward,
McCaslin, Habenicht
Bums, Higday
Stewart Fonda, Director of Utilities
Bill McCormick, Operations Supt.
Tom Brennan, Utilities Engineer
Bruce Behrer, Engineer, Muller Engineering
Jason Clark, Water Production Supv.
John Bock, Manager of Admin. -Utilities
1. MINUTES OF THE MARCH 9, 2010 MEETING.
The Englewood Water and Sewer Board received the minutes of the March 9, 2010
meeting.
Mr. Woodward moved;
Mr. Wiggins seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the minutes of the March 9,
2010 meeting as written.
Clark, Olson, Cassidy, Wiggins, Woodward,
Mccaslin, Habenicht
None
Bums, Higday
~
2 . ACF PROPERTY MANAGEMENT RE: 8505 E. ARAPAHOE RD.
The Board received a copy of sewer bills from ACF Property Management about a
property they manage at 8505 E. Arapahoe Rd . They had taken over the management of
the property and neither the owner nor the management company transferred the mailing
address . As a result , the 2 008 and 2009 sewer bill was not paid and late fees were added.
ACF is requesting the $684.89 late fees be waived.
John explained the policy of the bill being premise based, and it being the owner's
responsibility to request the bill be sent to an alternate address . John also reviewed the
billing and delinquent notice process.
Mr. Clark moved;
Mr. Habenicht seconded:
Ayes:
Nays :
Members absent:
Motion carried.
To deny the request to waive the late fees
from ACF Property Management for the
sewer bill at 8505 E. Arapahoe Rd.
Clark, Olson, Cassidy, Wiggins, Woodward,
Mccaslin, Habenicht
None
Burns, Higday
3. CITY DITCH -HURON & OXFORD.
A group of citizens appeared to discuss the issue of piping the City Ditch at Oxford and
Huron Court. Mr. Bruce Behrer of Muller Engineering was present to answer questions
about the March 8, 2010 engineering report that assessed site conditions, evaluated
alternatives and recommended the closed conduit reinforced concrete pipe option. Mr.
Behrer noted that the City Ditch in this area is currently an earth lined channel that is
sloughing along the east bank, which is evidence that the bank is unstable. Muller
Engineering's report also notes that further degradation could include roadway failure and
leaking through the bank on the west side caused by roots and wildlife.
Warren Nedry, Norman Henry, Alisa Osemwengie and Kim Kerchesky appeared before
the Board requesting that the City Ditch remain open. They discussed aesthetic reasons,
property values, wildlife and that their children play in the ditch. The citizens passed
around a photo of a ditch with a waterfall at Sanderson Gulch as a solution and the
proposed bike path along the City Ditch in Littleton. Mr. Fonda noted that tfthe
proposed bike path is constructed in Littleton, a requirement is that the ditch be piped in
the areas adjacent to the City Ditch. Mr. Brennan noted that the Sanderson Gulch project
was for different ditch conditions.
Shannon Faires, Joyce Faires, Larry Faires and Jim Burrage appeared before the Board in
support of piping the City Ditch. They expressed their opinion that the entire City should
not pay an extra $55,000 for the ditch to remain open for three residences. They also
expressed their concerns for the safety of children and the possibility of a drowning,
especially during a storm event. Liability and the danger of downstream users flooding
was also a concern. Mayor Woodward noted that Shane Dottenwhy had called and was
unable to make the Water Board meeting, but wanted to express his opinion that the ditch
should be piped and Englewood residents should not have to pay for the more expensive
option.
Mr. Fonda noted that the ditch can be piped for about $25,000 and this amount would be
approximately half the amount shown in the engineer's report because the distribution
crew could install the pipe. Ms. Kurczewski asked if the crew could do the work where
the options leave the ditch open. Stu noted that our crew does not have the expertise or
equipment for those options.
Gray Clark stated that the open ditch creates safety issues. He noted that the engineer is
approved by Urban Drainage and Flood Control, and he is satisfied with the study and
options that were presented.
Mr. Fonda discussed options for the adjacent homeowners once the ditch is piped. He
noted that, if adjacent homeowners unanimously agree, a license agreement could be
granted for the adjacent owners to install a garden or park area, to be maintained by the
homeowners. Fencing was also discussed. Mr. Henry asked if City funds are available to
landscape the area . Mr. Fonda stated that is not an option.
Ms. Kurczewski requested that a decision be postponed for another month to allow them
to consult with friends that are engineers. Mr. Clark felt that there has been enough time
to explore options and recommended that a vote be taken.
Mr. Clark moved:
Mr. Wiggins seconded: That City Ditch be piped in the Oxford and
S. Huron Court area, per the Muller
Engineering recommendation of March 8,
2010.
Ayes:
Nays:
Members absent:
Motion carried.
4. TAP FEE RATE JNCREASE.
Clark, Olson, Cassidy, Wiggins, Woodward,
Mccaslin, Habenicht
None
Burns, Higday
Mr. Bock appeared before the Board to review the proposed changes in water and sewer
connection fees. The options and methodology that was used to calculate the
recommended development fees for Englewood were reviewed. It appears that the
proposed fees would still be very competitive with other municipalities in the Denver
area.
The proposed rates are based on the proportionate share of capacity in the City's water
treatment plant and distribution system, sewer collection system and wastewater
treatment plant. Optional fees were calculated using standard valuation approaches to
determine original cost, original cost less depreciation, replacement cost and replacement
cost less depreciation.
The Board recommended that staff proceed drafting a council communication and an
ordinance using the replacement cost option for both water and sewer taps. The Board
also directed that the mixed use option be prepared. The Board requested that the drafts
be presented to the Board at a future meeting.
5. LETTER TO DENVER WATER DATED MARCH 30, 2010 RE : CHATFIELD
RELEASES .
The Board received a letter that Joe Tom Wood of Martin and Wood Water Consultants
sent to Denver Water Department, dated April 2, 2010. Englewood is attempting to
revive negotiations concerning the water quality problems that occur when Denver's
diversions reduce the flow of water from Chatfield Reservoir, creating hard water issues
for Englewood. The letter reviews Englewood's history of negotiations with Denver. Stu
discussed negotiation options and softening alternatives. The Board will be apprised of
any developments.
6. MICROSCOPIC PARTICULATE ANALYSES CHART.
Mr. Jason Clark, Water Production Supervisor, appeared to review the Microscopic
Particulate Analysis Chart that shows the results of required State testing. He noted that
the goal of the Allen Filter Plant is to meet and exceed State requirements. Utilizing
existing equipment and reevaluating operational procedures has resulted in a greater than
99.99% particulate removal, above the State requirement. This is a marked improvement
over past years.
7. WATER RIGHTS UPDATE FROM DAVID HILL DATED MARCH 30, 2010.
The Board received from David Hill, Englewood's Water Attorney, a water rights update
dated March 30, 2010. Stu noted developments in water litigation cases in which
Englewood is involved.
8. ARTICLES -"SA YING U.S. WATER AND SEWER SYSTEMS WOULD BE
COSTLY," AND "RECESSION IS SENDING WATER BILLS UP FOR
MANY.''
The Board received an article from the March 14, 2010 New York Times, "Saving U.S.
Water and Sewer Systems Would Be Costly." The article discusses George Hawkins, the
head of the Washington D. C. 's Water and Sewer Authority, and his successful fight to
increase rates to replace all its pipes over the next 100 years.
An article from msnbc.com, "Recession Is Sending Water Bills Up For Many," discusses
that many water utilities are raising rates because water use is down. The decrease in
water sales is attributed to tourism being down, home foreclosures and commercial
businesses going out of business.
The meeting adjourned at 6 :40 p.m.
The next meeting will be Tuesday, May 18, 2010.
Respectfully submitted,
Isl Cathy Burrage
Recording Secretary
TO :
FROM:
DATE:
RE :
MEMORANDUM
Englewood Water and Sewer Board ~
John Bock, Utilities Manager of Admi~
April26,2010
3120 & 3126 S . Lincoln St.
Arr. 2..
The above properties were owned by Don Johnson when they were one parcel. Mr.
Johnson sold both properties to TCS Homes on August 10 , 2009. TCS Homes then sold
them separately -3126 S. Lincoln to David Quinlivan on October 30, 2009, and 3120 S.
Lincoln to Benjamin Barnett on February 19, 2010. The existing water service line goes
to 3120 and branches off to 3126 S. Lincoln. Both properties have separate sewer lines .
According to the Englewood Municipal Code 12-lB-7 more than one premises to a
service connection is prohibited. A Shared Utility Agreement was signed and recorded
by TCS Homes for both properties when they were the sole owners, as a disclosure to
future owners that 3120 will have the contractual obligation for the water and sewer bill ,
but each residence will be responsible for half. The City Attorney's legal opinion is that
the agreement does not relieve the properties from the responsibility of comp ling with the
municipal code requirement for separate water and sewer services.
The Utilities Department became aware of the situation when notified of the sales
through Arapahoe County records . TCS Homes was notified on August 12, 2009 that
3120 must go on meter within 90 days after closing. The property has not been metered.
Both current owners received certified letters notifying them that separate water services
and meters must be installed with 30 days. The owners were given an option to apply to
the Water and Sewer Board for a variance to the Municipal Code to keep the water
service as it exists.
c T y 0 F E N G L EWOO D
April lS, 2010
David C Quinlivan
3185 S Sherman St
Englewood, CO 80113-2612
RE : Water service line serving 3120 S Lincoln St and 3126 S Lincoln St
Dear Mr. Quin livan :
As per City of Englewood and Arapahoe County records, you are listed as the owner of the single family
dwelling at 3126 S Lincoln St.
It has come to the City of Englewood's attention that the above referenced single family houses were
subdivided and are now under separate ownerships but are being served by one common water service
line. This condition is in violation of Englewood Municipal code 12-18-7 : Number of Users on Service
Restricted .
A. More Than One Premises To A S ervice Connection Prohibited: Each premises or property
or building(s) situated on a premises or property in a manner which would allow the premises or
property to be subdivided and the building(s) sold separately shall be served by a separate
service connection directly to the nearest main without crossing other adjoining premises or
properties and with separate curb stops involving only one account when water is turned on or
shut off. Extension of service to another premises or building from an existing service
connection is prohibited and shall be subject to shutoff without the City being liable for any
damage. Exceptions to this requirement may be granted by the City Manager or designee with
the concurrence of the Water and Sewer Board upon a review of a written request of the property
cvvner, in •vr.ich the property own.::r illustrates with both Vi i~tten ai1d graphic descriptions, why
the exception should be granted. Existing premises, properties or buildings which do not
conform to this requirement may maintain their service connection configurations unless and
until such time, in the opinion of the City Manager or designee with the concurrence of the
Water and Sewer Board, the service must be separated.
B. Two Or More Users On Same Service Line: In case two (2) or more users are supplied from
the same service line, if any of the parties fail to pay the water charges when due, or to comply
with any rule of the City, the City reserves the right to shut off the water to the whole service
until such charges are paid, or the rules strictly complied with, and it is expressly stipulated that
no claim for damage or otherwise may be made against the City by any user whose water
charges have been paid or who has complied with the rules of the City, because of such turnoff,
it being expressly stipulated that the necessity for such shut off shall be deemed to be the joint
act of all served through such service.
(Code 1985 , § 12-lB-7; Ord. 00-7; Ord. 02-4)
1000 Englewood Parkway Englewood, Colorado 80110 Phone 303-762-2300
www.e ngle wood gov.o rg
The City of Englewood Utilities Dept. requires this condition to be corrected within 30 days of
the receipt ofthis notification. The alternative to this procedure is to apply for an exception to
this requirement with the Water and Sewer Board. The application must be applied for within 30
days of the receipt of this notification. It will also be necessary to purchase a meter for the
existing water service and have it installed since this dwelling is no longer eligible for the flat
rate system of water billing. Please contact Cathy Burrage in the Utilities dept. at 303-762-2636
to apply for a hearing for this case by the Water and Sewer Board.
If you should have any questions or concerns , you may contact me at 303-762-2643 or email me
at jbock@englewoodgov.org.
Sincerely,
John Bock
Manager of Administration
City of Englewood Utilities Dept.
Xe: Nancy Reid, City attorney's office
Tricia Langdon, Community Development
Randy Piece, Utilities Dept.
SHARED UTILITY AGREMENT
THIS Sl:tARED UTILITY AGREEMENT (the "Agreement") is made and entered into this /~; ll... day of
!
/l/''t ~-111 ?~: <-; 2009, by and between TCS Home~; LLC and TCS Homes LL~.
RECITAL~
A. TCS Homes LLC: is the owner of that certain pa rce l of real property located in the City of
Englewood and County of Arapahoe, State of Colorado, more particularly described as: Lot 5 and the
north 22 ~ feet of lot 6, block 3, Rose Addition to Englewood, County of Arapahoe, State of Colorado.
Also known by street and number as: 3120 south Lincoln Street Englewood, CO 80113. #3120
B. TCS Homes LLC i s the owner of that certain parcel of real property located In the City of
Englewood and County of Arapahoe, State of Colorado, more particularly described as: Lot 7 and the
south 22 Yi feet of lot 6, block 3, Rose Addition to Englewood, County of Arapahoe, State of Colorado.
Also known by street an d number as : 3126 south Lincoln Street Englewood, CO 80113 . #3126
c. #3120 Is currenit ly a single family home and the owner intends to sale #31.20 for use as a single
family home.
D. #3126 is currently a single family home and the owner intends to sale #3126 for use as a single
family home.
E. The parties hereto dei;lre to impose certain reciprocal shared utility agreement rights upon the
property's , for the mutual and reciprocal benefit and com1llement of #3120and11:3126 and the present
and future owners and occupants thereof, on the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the above premises and the covenants herein contained,
TCS Homes LLC hereby covenants and agrees that the Parcels and all present and future owners and
occupants of the Parcels shall be and hereby are subject to the terms and conditions hereinafter set
forth in this Agreement, !iO that said Parcels shall be used in full compliance with and subject to this
Agreement and, in connection therewith, the parties hereto on behalf of themselves and their
respective successors and assigns covenant and agree as follows:
AGREEMENT
Grant of Easements, Subject to any express condition, limitations or reservations contained herein, the
owners hereby grant, estc1blish, covenant and agree that the Parcels, and all Owners and Permittees of
the Parcels, shall be benefited and burdened by the following nonexclusive and perpetual easement
which is hereby Imposed upon the Parcels and all present and future owner's and Permittees of the
Parcels:
1.1 There is only one water line and one sewer line servicing the lots for 3120 and 3126 Lincoln
street, which currently enters into the building of #3120. The owners of the homes agree that the
charges for water and for i;ewer usage to the homes, as mea sured through a meter or for whatever form
•rap1ho1 County Clark l Recorder, Nancy •. Doty
Receot ion •: 69129668
Receipt •: bb203B7 Recording fH: '1.6 .00
P1g11 Recorded: 3
01h Recorded: 12/112009 9:'1B:2l AM
11111111111111111111111111111111111111111111111111
the water and sewer company uses () or its successor will be billed to the owner of 3120 s Lincoln. A
separate in-line water meter will be installed on the wat1?r line from 3120 to 3126. The meter will
measure the total amount of water passing through from 3120 to 3126.
1 .2 The owner of 3120 will therefore have a contractual obligation to the wa&r and sewer company
() for payment of such bills in full, which , if not paid, could cause a lien to be recorded agai~st said
property's.
1.3 Each owner is responsible for payment of the water and sewer utilized by their own homes and
is responsible for one-half of any flat rate fees or charges by water and sewer companies . To effectuate
such agreement, the parties adopt the following procedures:
a. Upon the salt~ of one of the homes (the Effective Date}, a reading of the water meter will be
obtained to establish a bench mark from which to measure the water consumption to 3126 from that
date through the date of the owner of 3120 receipt of the first statement from water and sewer
company following the ·~ffective date.
b. the owner of 3120 within five days of receipt of such statement and each statement received
thereafter, shall provide a copy to the owner of 3126 .
c. Upon receipt of each statement, the owner shall obtain a reading on the water meter to
establish the amount of water consumption to 3126 from the last reading. The total number of gallons
so consumed shall then IJe multiplied by the per gallon rate as reflected on the statement.
d. The owners shall divide equally any charges reflected on the statement which are not
calculated on the basis of water consumption, Including, without limitation, any service charges.
e. Upon receipt of each such payment from the owner of 3126, the owner of3120 shall pay the
full amount then due the water and sewer company, by the due date reflected on the statement.
1.4 In the event that the owner of 3126 fails to make any payment due to the owner of 3120 the
owner of 3120 may make such payment on behalf of the owner of 3126 and shall have Collection Rights
on owner of 3126 s Linco ln.
1.s In the event that the owner of 3126 is in full compliance with the obligation for payment to the
owner of 3120 hereunder, and the owner of 3120 fails or refuses to make payment in full to the water
or sewer company, of their share of the statement by the due date for such payment, the owner of 3126
may make payment on behalf of the owner of 3120 and shall have Collection rights.
1.6 Each owner grant?i the other owner and their agents a perpetual blanket easement upon,
across, over and under tht~ir lot for installing, replacing, repairing, and maintaining of all utilities,
including, but not limited to, water, sewer, gas telephone, electricity, and cable television facilities, If
any, as presently exist or as are reasonably necessary in the future to provide utility service to each of
the homes.
A reciprocal easement for reasonable access, ingress and egress upon, over and across all paved
driveways, roadways ;:ind walkways as presently or hereafter constructed so as 1!o provide for the
passage of motor vehicles and pedestrians to and from the parcels, and to and from abutting streets or
right of ways furnishing access to the Parcels.
Term. The easement, covenants, conditions and restrictions contained in this Agreement shall be
effective commencing on the date of recordation of this agreement in the Office of the Clerk and
Recorders for the city of Englewood and County of Arapahoe, Colorado and shall remain in full force and
effect thereafter in perpetuity, unless this agreement is modified, amended, canceled or tenninated by
the written consent of all then record owners of 3120 and 3126 s. Lincoln, Englewood, Colorado. And is
recorded by the Clerk and Recorder of Arapahoe County.
TCS Homes LLC (as owner of 3120 and 3126 s Lincoln st.)
.~ManagingMember
STATE OF COLORADO
COUNTY OF ARAPAHOE )
The foregoing imtrument was acknowledged before me this n day of ~.ffi ,\QGf'·
2009, by Scott Beasley, Managing Member of TCS Homes u .. c
Littleton/Englewood A -r I. 3
Littleton/Englewood Wastewater Treatment Plant
FOR IMMEDIATE RELEASE
Media Contact:
Bill Peatman
925-210-2216
bpeatman@brwncald .com
ACEC Grand Award Winner
Brown and Caldwell engineers an Oscar
Littleton-Englewood's $114 million WWTP upgrade
wins one of eight 'Academy Awards of Engineering'
April 29, 2010, WALNUT CREEK, Calif. -And the 2010 ACEC Engineering Grand
Award goes to ... environmental engineering firm Brown and Caldwell, for its $114
million expansion and upgrade of the Littleton-Englewood Wastewater Treatment
Plant in Englewood, Colo., considered a model for the future.
The "Oscar" was presented April 27 during the American Council of Engineering
Companies (ACEC) annual gala, dubbed the" Academy Awards of the engineering
industry." Each year, the ACEC reviews the award winning projects from each state
and selects a few for the national Grand Awards. This year, with nearly 170 top
projects in the competition, ACEC selected the Littleton-Englewood project as one
of the top eight Grand Awards.
"It's an honor to receive one of these prestigious awards," says Brown and
Caldwell's Kirk Petrik, who managed the Littleton/Englewood project. "It was truly
a team effort from Brown and Caldwell and the staff at the plant that resulted in a
highly successful and innovative project that benefits both the environment and the
ratepayer."
In December 2008, the company and plant staff wrapped up its eight-year effort to
reduce nitrate levels and expand the facility's capacity to address growth needs for
the next two decades. Petrik led a Brown and Caldwell team that designed and then
managed 4 years of construction with Western Summit Constructors as the general
contractor. The expansion featured a new patented process that reduces nitrate
levels, cost-saving waste-flow recycling and an advanced control system that
analyzes plant performance and diagnoses operational problems .
http://www.bcwatemews.com/le/
Gary Sears
City Manager
City of Englewood
Chong Woo
Project Engineer
Littleton-Englewood WWTP
Kirk Petrik
Project Manager
Brown and caldwell
Dennis Stowe
Manager
Littleton-Englewood WWTP
Gary Wyse
SCADA Administrator
Littleton·Englewood WWTP
Stewart Fonda
Utilities Manager
City of Englewood
4/29/2010
Littleton/Englewood
Throughout the project, Brown and Caldwell assisted in negotiating government
regulations with the goals of protecting the public and the environment, as well as
reducing costs to ratepayers .
"This project positioned the Littleton-Englewood Wastewater Treatment Plant for
all future regulatory requirements," says Stewart Fonda, Englewood's Utilities
Director. "It is one of the most advanced facilities in the state and nation. It does a
great job in preserving our water quality."
Design improvements embody environmental stewardship principles while
optimizing plant performance and ensuring affordable sewage treatment. The
patented, denitrification process simultaneously removes nitrates and performs
tertiary water filtration within the process train; the first of its kind individual
methanol feeds, in turn, reduce chemical use. Combined with effluent recycling, the
process produces a higher quality effluent and will save the plant up to $50,000 in
monthly chemical costs.
A new Supervisory Control and Data Acquisition (SCAD A) system fully automates
all processes, provides real-time alerts and enables operators to monitor the facility
from remote locations , which increases safety. The system accesses more than 2
million pieces of data compared to about 2,500 in the old system.
"We created a superb human-machine interface that could set a new standard for
the industry," says Gary Wyse , the plant's SCADA administrator. "The depth of
information we can get is unbelievable ... Operators can access any piece of data or
diagnostic immediately."
The Littleton/Englewood Wastewater Treatment Plant processes wastewater from
22 sanitation districts and serves more than 300,000 residents covering a 100-
square-mile area.
When construction began in 2004, the project was the largest of its kind in
Colorado. Complex improvements were made to all u treatment processes on the
40-acre site, while the facility remained fully operational. Repairs to the facility's
aging infrastructure took place in conjunction with system upgrades, minimizing
future capital improvement costs.
The project came in $3 million under budget (due to careful design and
construction management, which minimized change orders) and ahead of the
state's compliance schedule. In addition the highly complex project, which required
26 total plant shutdowns, 1100 disruptions to the existing process, and 2678
contractor notifications to construct, was completed without compromising
existing treatment (no permit violations), minimal impact to the community along
with an exceptional safety record.
About Brown and Caldwell
Since 1947, Brown and Caldwell has delivered innovative, enduring environmental
solutions for municipalities, private industry and government agencies throughout the
United States . An employee-owned company, Brown and Caldwell is relentlessly focused
on client needs, and brings decades of engineering and scientific experience to every
project . For more information visit www .b rownandcaldwell .c om .
OTHER NEWS
Ahead of the Curve
April 15, 2009
Brown ,.'f.)Caldwell ilC l/l'ot er New ~ an<l BC Water Jobs ~r~ tradel'r\<11i<s of 61'Qw1l ar q Cold-mil,
'D 2010 Brown Md Caldw•ll All rigl1t~ r~setved
http://www.bcwatemews.com/le/
Page 2 of2
Denltrlfication Facility Dewatering Facility
Littleton -Englewood WWTP Littleton-Englewood WWTP
Primary Clarifier
and Odor Control
Littleton-Englewood WWTP
Video (high res)
Secondary Clarifier
Littleton-Englewood WWTP
Team Logos Qpg)
/0:/7
Ciao/ SS ~ Cft'Jof
Liltferoo ( ~ngk.'WOO<l
Brown ANo
Caldwell
W ( l 1 ( l N
SUMMIT.
4/29/2010
A -r-r., '-f
BERG HILL GREENLEAF & RUSCITTI LLP
ATTORNEYS & COUNSELORS AT LAW
1712 Pearl Street • Boulder, Colorado 80302
David G. Hill
Partner
Daniel L. Brotzman, Esq.
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110-0110
Re: March Invoice
Dear Dan:
Tel: 303.402.1600 • Fax: 303.402.1601
bhgrlaw.com
April 8, 20 IO
~gh@bhgrlaw.com
Enclosed please find our invoices for professional services on water matters for March 1,
2010, through March 31, 2010, in the amount of$32,183.71, with a total for the year of$98,871.3 l.
The amount for this billing cycle on major cases is listed below:
I Name I Amount I No. I
Denver (01CW286) South & North Complex Reservoirs $ 11,596.48 511 &
and Chatfield Reservoir Reallocation Project 1,736.00 720
ECCV/FRICO/United (02CW404 and 03CW442) 1,574.10 504 & 603
Main Burlington Appeal (09SA133) 8,648.13 722
Stu Fonda has asked us to provide 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
work performed by this firm during the month. The following paragraphs contain these descriptions
with respect to the matters reflected on the enclosed invoices:
Introduction. Please understand that this letter is a confidential attorney-client
communication. Please keep it confidential.
The largest bill for March was for our efforts in connection with Denver's attempts to expand
its diversions at Chatfield Reservoir by increasing its exchanges. When Denver diverts at Chatfield
Daniel L. Brotzman
April 8, 2010
Page 2
the reservoir outlet gates are generally closed. When the outlet gates are closed, hardness soars in
the river water which Englewood can divert at Union A venue. Englewood's relief from the hardness
comes from its exchange from Bear Creek to Chatfield, and from valuable McLellan Reservoir water
(which is a drought reserve for Englewood). The Bear Creek exchange enables Englewood to take
· water at Chatfield and run it down City Ditch to the Allen/Fonda treatment plant, for use to dilute
the river water and render the hardness level acceptable. McLellan water is similarly used. Absent
the dilution water, hardness levels in the treated water delivered to Englewood citizens can become
unacceptable. The Bear Creek exchange is also used to sell water to Centennial Water and
Sanitation District, during November and December.
Denver's increased exchanges would render the ]3ear Creek exchange essentially useless,
according to Joe Tom Wood.
The particular Denver actions with which we are presently involved is Denver's effort to use
water released from its new gravel pit reservoirs near Brighton as the replacement water for Denver's
long-ago decreed exchange under which Denver diverts water at Chatfield. More specifically,
Denver wants to be able to release water from the gravel pit reservoirs to satisfy a downstream call,
and divert the released amount at Chatfield under Denver's exchanges decreed in applications filed
in 1968 and 1978, which have a 1977 priority. (Englewood's Bear Creek exchange has a 1990
priority).
Our efforts consisted of gathering information about the facts which existed when Denver
filed for the two exchanges, amending some of our older statements of opposition to object to the
addition of the reservoirs to the exchanges, legal research on whether the notices given in 1968 and
197 8 were adequate to include these new reservoirs, thus-far-fruitless requests to Denver to provide
documents, and discussions with Joe Tom Wood, Stu Fonda and Dan Brotzman.
The second-largest bill was for continuing efforts with respect to the appeals of the Water
Court ruling in the FRI CO/United/East Cherry Creek case. This includes essentially the completion
of the written portion of Englewood's brief appealing the Water Comi ruling about the Metro
Pumps, and preparation of a portion of the brief which will defend the Water Court ruling which
enonnously reduced the available FRI CO diversions. As you will recall from previous letters, the
Metro Pumps were long used to divert Metro effluent into the Burlington Canal, thus speeding the
fill of the reservoirs which are filled by that canal. Englewood's McLellan right essentially cannot
store water until those reservoirs are filled. The Water Court ruled that the Metro Pumps could not
be used to hasten the reservoir fill, and Englewood, Denver and the Applicants are appealing that
ruling.
Daniel L. Brotzman
April 8, 2010
Page 3
The Water Court also cut back the FRI CO diversions , to a very large e xtent. FRlCO and the
other Applicants are appealing that ruling , and Englewood is preparing a brief which supports the
ruling .
The third-largest matter is shown in two bills , which covers the applications ofFRlCO and
others to change the Milton Reservoir right, the Lower Latham Reservoir right, and other water
rights as well (the cases are 02CW404 and 03CW442). The applications in essence seek to increase
the diversions on the Milton right and the Lower Lathrup. Reservoir right, by ignoring the extent to
which the reservoirs have filled from seepage in the past. Increased demand on the river from those
rights would injure Englewood 's McLellan right and other more-junior Englewood 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. McDonald (92CW152 and 98CW34 7) (#297): This case involves an application for
direct flow and storage rights on unnamed tributaries of Plum Creek. Englewood's interest was to
monitor the case to see that administration of very junior r ights is proper. We reviewed order
approving the stipulation for settlement with Englewood.
3. Ready Mixed Concrete Co. (90CW03 9) (#34 3): We have entered this case by motion
to intervene at the request of the Referee of Water Division No . 1 because it is closely related to
90CW017 and 92CW016 (in which Englewood is already an Objector). We reviewed withdrawal
of statement of opposition by H-F Investment Co.
4. 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 entered this case because of the magnitude of the
appropriations and to monitor the augmentation plan. We reviewed order granting motion to amend
case management order and pleadings concerning settlement with Board of County Commissioners
of Eagle County.