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HomeMy WebLinkAbout2011-05-10 WSB AGENDAWATER & SEWER BOARD AGENDA Tuesday, May 10, 2011 5:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM ENGLEWOOD CITY HALL 1. MINUTES OF THE APRIL 12 , 2011 MEETING . (ATT . 1) 2 . EXECUTIVE SESSION AT 5:00 P .M. IN THE CITY COUNCIL CONFREENCE ROOM, WATER BOARD AND CITY COUNCIL WILL CONVENE IN AN EXECUTIVE SESSION PURSUANT TO CRS 24-6-402(b)-REGARDING SETTLEMENT OF WATER CASES . WHEN BOARD RECONVENES AFTER EXECUTIVE SESSION: 3. GUEST: RY AN LAIRD, 3032 S. CORONA ST . RE: SEWER RATE STRUCTURE. (ATT . 2) 4. WATER RIGHTS UPDATE FROM DAVID HILL DATED APRIL 11 , 2011. INFORMATION ONLY. (ATT. 3) 5. OTHER WATER AND SEWER BOARD MINUTES April 12, 2011 The meeting was called to order at 5 :06 p.m. Members present: Members absent: Also present: Bums, Clark, Cassidy, Wiggins, Woodward, Mccaslin, Habenicht Higday Stewart Fonda, Director of Utilities 1. MINUTES OF THE MARCH 8, 2011 MEETING. The Englewood Water and Sewer Board received the minutes of the March 8, 2011 meeting. Mr. Cassidy noted a correction. Mr. Habenicht moved; Mr. Wiggins seconded: Ayes: Nays: Absent: Abstain: Motion carried. To approve the minutes of the February 9, 2011 meeting, as amended. Burns, Clark, Cassidy, Wiggins, Woodward, McCaslin, Habenicht None Higday Olson I -I 2. GUEST: JOHN GALLAGHER, RED OAK CONSULT ANTS WATER & SEWER CONNECTION FEES. John Gallagher of Red Oak Consultants appeared to discuss the reevaluation of the existing water and sewer tap fees . Red Oak calculated water and sewer connection fees using a replacement cost basis. An executive summary was distributed showing the existing and proposed water and sewer connection fees. At a prior meeting, the Board approved connection fees for developments that include a mix of multi-family and commercial uses. Mixed use connection fees incorporate the proposed meter size, number of dwelling units and fixture units served by that meter size. The Board previously reviewed and approved the changes to the connection fees on the replacements cost basis. The proposed changes were reviewed because the original study included connection fees based on a 5/8" tap, which Englewood does not change, and to illustrate to the Board the sewer connection charges based on both existing fees and the new fees as proposed in the study. Discussion ensued regarding the proposed rates. It was noted that single family taps, up to a four unit tap , would increase. The multi-family taps, from the 15 to 20 unit range and up, would decrease. Mr. Gray requested a comparison of tap fees from surrounding municipalities . Mr. Clark moved; Mr. Burns seconded: Ayes: Nays: Absent: Motion carried. To recommend Council approval of the Alternative Fee Schedule rates for water and sewer and commercial mixed use connection fees. The Board also recommended a Council Study Session to study the Board's recommendation. Burns, Clark, Olson, Cassidy, Wiggins, Woodward, Mccaslin, Habenicht None Higday 1-2 3. COUNCILREQUEST#ll-051 & WATER PRESSURE RESULTS FROM LIP AN & QUINCY. Council requested that Utilities staff investigate residents' complaints about pressure problems in their homes near the proposed Englewood Estates PUD at Quincy and S. Lipan St. Staff obtained pressure and flow readings at various locations at W. Quincy Ave. and S. Lipan St. and W. Radcliff Ave. and S. Lipan St. Static pressure was between 72 and 73 psi, which provides good flows to home in this area. Differences detected between static and residual flows indicate problems in individual service lines at 1211 W. Radcliff and 4301 S. Kalamath St. Staffs opinion is that the proposed development would have minimal effect on pressure and flows in this area during the high demand periods in the summer. 4. WATER RIGHTS UPDATE FROM DA YID HILL DATED 3-8-11. The Board received an update from Mr. David Hill dated March 8, 2011 on developments in water litigation cases in which Englewood is involved. 5. WATER RELATED NEWSPAPER ARTICLES . The Board received the following articles discussing water related issues: "Colorado farmland goes dry as suburbs secure water supplies," from the March 13, 2011 Denver Post . "Developers plan reservoir-without water to fill it," from the March 16, 2011 Denver Post. "Arapahoe County paying top dollar for water that isn't yet approved for municipal use ," from the March 20, 2011 Denver Post. "Lines drawn over Sterling Ranch," from the March 20, 2011 Denver Post. "Arapahoe County looks to get Castle Rock in on costly water-flow project," from the March 21, 2011 Denver Post. "Arapahoe County commissioners to review policies in wake of water authority's dealings," from the March 23, 2011 Denver Post. The meeting adjourned at 6:38 p.m. 1-3 The next Englewood Water Board meeting will be May 10 , 2011 in the Community Development Conference Room. Respectfully submitted, Isl Cathy Burrage Recording Secretary J -'-/ Englewood Utilities Concern~ Englewood Utilities Concerns ryan laird [rlclimb@hotmail.com] Sent: Monday, April 25, 2011 4:43 PM To: Jim Woodward; Joe Jefferson Attachments: Englewood Utilities Questi~l.doc (25 KB) Jim and Joe, Pagel of I have typed up severaJ questions that I have regarding the Englewood Utilities' billing practices. Thanks to both of you for talking with me and listening to my concerns. I talked to Stewart Fonda and John Bock this afternoon and still could not get any straight answers from them. Also, it seems the fact that 75% of Englewood residents are being overcharged was not important enough for the city manager to schedule a meeting with me. \ Joe-I contacted Jim since he also serves on the Water and Sewer Board, but I would like to keep you aware of the resolution. Jim-I appreciate your help. Let me know when these questions (or most of them) get answered by the City of Englewood Utilities Department. Also, can we schedule this topic for the May 10 Water and Sewer Board meeting? I am of the opinion that the residents of Englewood would be concerned if they knew there were systematic errors in the billing system and that the sewage charges they pay are based primarily on a minimum charge or flat fee and not on a usage rate for the amount of sewage they produce. Let me know if you have any concerns or questions for me. Thanks, Ryan Laird 2 -I https ://email .englewoodgov .org/owa/?ae=Item&t=IPM.Note&id==RgAAAACXokm 7.rw m LI !'"> t:. '"" 1 1 City of Englewood -Utilities Department Questions 1) Why is the City of Englewood -Utilities Department (COE-UD) providing its customers with a utility bill that is vague and deceptive? The residents of the City of Englewood should know what they are being charged for when they pay their bill. a. Why are units (gallons, cubic feet, etc) not shown for the meter/consumption value (units are not described on the back of bill either)? b. Why is a line item breakdown not provided for the water and sewer cycle billing charges (i.e. rate X consumption + administration fee versus a minimum charge)? c. Why does the bill not show if the water and sewer cycle charges are based on consumption or if it is based on an arbitrarily set minimum charge? d. Why does the bill not coincide with the published rates? 2) Why is an administrative fee being charged on the water cycle billing line when the COE-UD has published metered water charges on the City of Englewood website that clearly indicate that this dollar amount is shown as a "minimum charge" (shown as minimum charge in the title of the graph and the column heading) and that an administrative fee should not be charged on 518 inch and 3/4 inch meters? a . John Bock indicated that there is an error with the published rate table that swapped the "admin. fee" and the "minimum charge" value and that this error has apparently been made since 1996 and this is the first time it has been found. This does not explain the error since the title of the table is "Inside City Minimum Charge". What billing rate did the city council members approve? Please provide the minutes of this meeting and the city council rate approval. 3) Why is the COE-UD charging a different sewer charge than the amount that is shown on the COE-UD published sewer service charges? \; 4) Was there a utilities rate study done in 1970 (John Bock indicated that our current sewer charges are based on this study from 1970, but Stewart Fonda indicated that he was not aware of a rate study done in 1970)? If there was not a rate study done in 1970, what are the minimum charge and rate charge for the sewer based on? 5) Why should an Englewood resident pay the same amount of money to have J ,000 gallons of sewage treated as their neighbor that may pay the same amount and produce up to 19,000 gallons of sewage? 2 -2.. a. (Stewart Fonda indicated the current system is essentially a flat rate system that only charges very high water users a little more and that this system is easier to calculate the sewer charges. John Bock indicated that 75% of Englewood customers pay this minimum charge. Ev en though this system is easier to calculate, it does not provide for an equitable billing system and forces water conserving residents to pay for the water wasting habits of their neighbors, rather than being charged based on usage). Why does the director of the COE-UD , who is not even a resident of Englewood, get to decide to overcharge water-conserving residents to make it easier for his billing department? b . How many gallons of water do the different types of Englewood buildings (s ingle family , multi-family, mobile homes , apartment buildings, commercial use during the winter? 6) Will the COE-UD provide the Englewood Water and Sewer Board with water and sewer statistics (max, min, average, bell curves, etc.) on its customers to determine the quantities that different residents (single family, multi-family, mobile homes, apartment buildings) and commercial buildings are actually using compared to what they are being charged? 7) Why can't the COE-UD staff answer simple billing questions when a customer asks what the water and sewer charges are for on a bill? (Based on my experience, one staff could not answer any questions about the water and sewer charges, a second staff stated that my bill was low and that I shouldn't be concerned since it was not ov~r $200 , and a third staff could not calculate out how the water was charged and had to call back after an hour. These charges should be explained on the bill and if customers have questions, the staff that answers the customer service phone number should be able to help . 2 ... 3 IvfEMORANDUM TO: Englewood Water and Sewer Board and City Council FROM Stewart Fonda, Director of Utilities DATE: May 2, 2011 RE: Response to Ryan Laird's sewer billing rate questions. There are many methods that can be used to establish sewer rates. In general the unit charges are established by dividing the funds that are needed to build, operate and maintain the sewer utility by the capacity units which are chosen to distribute the costs to the customers. Capacity units can take many forms. They could be the number of equivalent residences which results in a "flat rate" system, or they could be measured flow units such as winter quarter water usage. This measuring unit removes most outside yard watering and provides the best approximation available of the in-house contributions to the sewer system. It is not practically possible, however, to provide the flow data on a daily basis throughout the entire year. The sewer system and treatment plant are designed to accept and treat the maximum sewerage contributions provided on any given day. It is believed that the current rate structure was adopted in the early to middle 1970's to meet Environmental Protection Agency requirements as a condition of obtaining a grant for the initial construction of the Littleton-Englewood Wastewater Treatment Plant (Bi- City Plant). At that time the City of Englewood customers were nearly all flat rate accounts, and the customers outside the city were all metered accounts. Staff speculates that the city council created the rate structure that charges based upon winter metered water usage to meet EPA requirements, but created a large minimum charge to approximate the flat rate system that had been in effect so that no outside city customers would pay very much Jess than the inside-city customers on flat rates. It should be noted that this system was judged to be a reasonable solution by the political body at the time. In the early 1980's the City of Englewood began to require that flat rate water accounts convert to meters at the time that a property changed ownership. Over the years the city has seen the flat rate accounts decrease from about 9,000 to about 2 ,000 accounts . There are approximately 10 ,800 accounts in the Englewood water sy stem. The basic problem with establishing capacity units based on flow is that there is no practical or cost effective way to measure the sewerage contribution of a customer all year on a daily basis. Using wintertime water usage eliminates most yard watering and provides reasonable approximation of the sewerage contribution but may not provide a measure of higher contributions during other periods of the year. An example of this would be snow birds who are gone for much of the winter or people who take long vacations during the winter periods . Other problems are created by people who do some wintertime yard watering and want to receive a credit against their measured wintertime usage for sewer billing purposes. Another example would be a couple who live alone during the winter but have guests or relatives come to visit during other times of the year. The problem w ith establishing capacity units on a "flat rate" or "capacity to serve" basis is that a household with a small usage will pay the same as a household with much higher usage. Using a flat rate system recognizes, however, that the capacity to serve any business or household must be provided every day to every household and business whether it is used or not. It can therefore be observed that there is a range of combinations of flat rate and flow based systems that can be devised to address the problems with either system that have been presented above. The current system is such a "hybrid" and appears to attempt to find a middle ground to the problems associated with the two systems. Either a true flat rate system or a true usage system can be approached by increasing or decreasing the minimum charge. If the minimum charge is zero a flow based system is achieved. Likewise , a flat rate system is one in which the minimum is the entire bill. The choice ofrate structure which is to be adopted by any city is a policy choice appropriately made by the governing authority. It must be a policy choice because a practical metering system has not yet been devised that can resolve the problems inherent with either the flat rate or the flow based systems. The City of Englewood could decide to do a rate study to analyze what rate structure would be most appropriate at this time. It should be noted, however, that there will not be any one system that is totally fair to all individual customers. The end result of the study would be to provide the city with as much information as possible to establish as fair a compromise as possible. If a study is to be done this year by a consultant, funding should be appropriated when proceeding with the study is approved since no funds were budgeted to do a rate study in 2011. Alternatively, funds could be included in the 2012 budget. The city council could then authorize the utilities department to proceed in 2012 if they determined it was necessary. Additionally, all of the outside-city districts should be included in such a study since nearly 75% of our sewer customers reside outside the city in these districts . Any changes z ... 5 to the rate structure could affect the districts , and it would therefore be appropriate to include them in the process. One final observation results from the fact that the revenue system must produce the same amount of money regardless of the rate system that distributes the cost. This means that the lowering of rates for some customers will result in raising the rates of other customers . QUESTIONS FROM RY AN LAIRD FROM MEMO TO MAYOR WOODWARD DATED APRIL 25, 2011 1. Why is the City of Englewood Utilities Department providing its customers with a utility bill that is vague and deceptive? a. The bill format used by Englewood is fairly standard across the industry. 2. Why are units (gallons, cubic feet, etc) not shown for the meter/consumption value? a. This is something that can be provided if needed. 3. Why is a line item breakdown not provided for the water and sewer cycle billing charges? a. The level of detail provided by Englewootf, is fairly standard across the industry. Line items are provided, and t/ie detail is available upon request. We get complaints if there is too much detail. 4. Why does the bill not show if the water and sewer cycle charges are based on consumption or if it is based on an arbitrarily set minimum charge? a. We use a standard hil.ling template that does not include that type of information, hut it is available upon 1·equest. That information is available at the city's web site. 5. Why does the bill not coincide with the published rates? a. Tit.is customer's charges fully conform to the water and sewer rates approved by the city council. · 6. Why is an administrative fee being charged on the water cycle billing line when the utilities department has published metered water charges on the City of Englewood website that clearly indicate that this dollar amount is shown as a minimum charge and that an administrative fee should not be charged on 5/8" and %"meters? a. For accounts with 518" or%" meters, the administrative fee is the minimum, and tfte minimum is the administrative fee. The two fees are one and the same. The total charge is correct. 7. What billing rate did the city council approve? The meeting minutes showing council approval are requested. b. The 1·esolutions are being provided. 8. Why is the utilities department charging a different sewer charge than the amount that is shown on the utilities published sewer service charges? 2-7 c. The sewer charge is correct as approved by the city cou1tcil. 9. Was there a utilities rate study done in 1970? If there was not a rate study done in 1970, what are the minimum charges and rate charges for the sewer based on? d. The form of this rate schedule predates this staff. If a study exists we .aren't aware ofit. All charges are based on the cost of providing a wastewater utility. 10 . Why should an Englewood resident pay the same amount to have 1,000 gallons of sewage treated as their neighbor that may pay the same amount and produce up to 19,000 gallons of sewage? e. The utility must cltarge the fees approved by the Englewood City Council by ordinance. 11 . Why does the Director of the Utilities Department, who is not a resident of Englewood, get to decide to overcharge water-conserving residents to make it easier for this billing department? f. Tlie sewer charges a1·e adopted by the Englewood Water .and Sewer Board and the E1tglewood City Council whose members are all Englewood residents. 12. How many gallons of water do the different types of Englewood buildings (single family, multi-family, mobile homes, apartment buildings, commercial), use during the winter? g. Due to the wide ra1tge of usages seen in eve1y customer class, there is no simple answer to this question,. i.e. use /01· a single family home cart vary from zero to 25,000 gallons per month. . 13. Will the utilities department provide the Englewood Water and Sewer Board with water and sewer statistics (max, min, average, bell curves, etc.), on its customers to detennine the quantities that different residents (single family, multi- family, mobile homes, apartment building), and commercial buildings are actually using compared to what they are being charged? h. This information would require the services of a consultant and a rate study if the board decides it is necessary. 14. Why can't the utilities staff answer simple billing questions when a customer asks what the water and sewer charges are on a bill? l. The administration staff has a well established history of providing our customers with clear, succinct and accurate billing information. Tlte questions conceming rate structure are m01·e appropriately answered by a professumal 1·ate analyst. Sample Water and Sewer Bill Calculations House Number One. Winter Water Consumption= 15,000 Gallons for a Three Month Period Per 1,000 Gallon Charge for Sewer Service Inside City= $2.8605 15,000 Gallons times $2.8605 per 1,000 gallons : 15 X $ 2.86 = $ 42.91 Minimum Charge for Sewer Service with metered water= $54.75 The charge the customer will receive is $54.75 Water charge for a home with a 3/4" meter is $3.29 per thousand gallons. $ 3.29 x 15 = $ 49.35 Administrative Fee for an account with a 3/4" meter is $9.71 Total water bill: $ 49.35 Plus $ 9. 71 = $59.06 House Number Two Winter Water Consumption= 24,000 Gallons for .a Three Month Period Per 1,000 Gallon Charge for Sewer Service Inside City= $2.8605 24,000 Gallons times $2.8605 per 1,000 gallons: 24 x 2.8605 = $ 68.65 Minimum Charge for Sewer Service with metered water =$54.75 The charge the customer will receive is $68.65 Water charge for a home with a 3/4" meter is $3.29 per thousand gallons. $ 3.29 x 24 = $ 78.96 Administrative Fee for an account with a 3/4" meter is $9.71 Total water bill: $ 78.96 Plus $ 9.71 = $ 88.67 City of Englewood : 2011 Sewer Ser vice Charges Page 1 of 2 2011 Sewer Service Charges Please do not hesitate to call 303-762-2635 for help with rate questions 2011 Sewer Treatment Charges: Sewer Treatment Charge $2.5243 per 1,000 gallons Collection System Maintenance Charge $0 .3362 per i,ooo gallons Total (where applicable) $2.8605 per 1,000 gallons Inside City Sewer Customers Billed Quarterly and in the City's Collection System Maintenance Area Customer Class Flat Rate Metered Minimum Single Family $6.0 .19 $54.75 Multifamily $37.28 $33 .94 Mobile Home Unit $22.95 $20.85 Commercial Customers Meter Size Flat Rate Metered Minimum 5/8" $82 .91 $75 .53 3/4" $125.90 $114.56 1" $208.76 $189.91 1 -1/2" $417.46 $379.94 2 " $669.15 $609 .02 3 " $1,335.57 $1,215 .31 4 " $2,087.56 $1,899 .80 6 " $4,175.23 $3,799.53 8 " $6,634.22 $6,037.16 10" $9,536.74 $8,678 .52 Inside City Sewer Customers Billed Quarterly and Not in the City's Collection System Maintenance Area Customer Class Flat Rate Metered Minimum Single Family $53 .10 $48 .26 Multifamily $32.89 $29.90 Mobile Home Unit $20.23 $18.43 Commercial Customers Meter Size Flat Rate Metered Minimum 5/8" $73.29 $66.65 3/4" $111 .12 $101.15 1" $184 .35 $167 .76 1 -1/2" $368 .50 $335.35 2" $590 .65 $537.44 3" $1,178.83 $1,072.61 4 " $1,842.53 H,676.75 6" $3,685.00 $3 ,353.30 8" $5,838.08 $5,312.57 10" $8,392.49 $7,637 .00 2 -JO City of Englewood: 2011 Metered Water Charges 2011 Metered Water Charges Please do not hesitate to call 303-762-2635 for help with rate questions. 2011 Metered Water Rates Inside City: Englewood charges for metered water on a per thousand gallon basis , Bills are sent out quarterly and are due within thirty days of the billlng date . Quarterly Consumption First 400,000 Gallons $3.29 All Consumption Over 400,000 Gallons $2.04 Note: In the table below, the minimum charge plus the administrative fee equals the Total Quarterly Charge. Inside City Minimum Charge Meter Total Quarterly Ad min. Minimum Consumption included in Size Charge Fee Charge minimum 5/8" $8.51 n/a $8.51 Ncine 3/4" $9.71 n/a $9.71 None 1" $83.10 $10.74 $72.36 22,000 Gallons 1 -1/4" $104.25 $12.16 $92.09 28,000 Gallons 1 -1/2" $158.81 $10.81 $148.01 45,000 Gallons 2" $249.66 $12.85 $236.81 72,000 Gallons 3" $451.65 $17.64 $444.02 135,000 Gallons 4" $754.50 $24.48 $740.03 225,000 Gallons 6" $1,457.92 $40.41 $1,417.50 450,000 Gallons 2011 Metered Water Rates Outside City: Quarterly Consumption First 400,000 Gallons $4.61 All Consumption Over 400,000 Gallons $3.29 Note: In the table below, the minimum charge plus the administrative fee equals the Total Quarterly Charge Outside City Minimum Charge Meter Total Quarterly Ad min. Minimum Consumption included in Size Charge Fee Charge minimum 5/8" $8.58 n/a $8.58 None 3/4" $9.22 n/a $9.22 None 1" $112.80 $11.36 $101.44 22,000 Gallons 1 -1/4" $142.25 $13 .15 $129.11 28,000 Gallons 1 -1/2" $218.12 $10.62 $207.50 45,000 Gallons 2" $344.59 $12.60 $331.99 72,000 Gallons 3" $639.62 $17.14 $622.49 135,000 Gallons 4" $1,057.04 $19.57 $1,037.48 225,000 Gallons 2. -II Page 1 of 2 City of Englewood : 2010 Metered Water Charges 2010 Metered Water Charges Please do not hesitate to call 303-762-2635 for help with rate questions 2010 Metered Water Rates Inside City: Englewood charges for metered water on a per thousand gallon basis . Bills are sent out quarterly and are due within thirty days of the billing date . Quarterly Consumption First 400,000 Gallons $3.11 All Consumption Over 400,000 Gallons $1.93 Note: In the table below, the minimum charge plus the administrative fee equals the Total Quarterly Charge . Inside City Minimum Charge Meter Total Quarterly Ad min. Minimum Consumption Included in Size Charge Fee Charge minimum 5/B," $8.03 n/a . $8.03 None 3/4" $9.16 n/a $9.16 None 1" $78.40 $9 .97 $68.42 22,000 Gal.Ions 1 -1/4" $98.35 $11 .27 $87.08 28,000 Gallons 1 -1/2 ' $149.82 $9.87 $139.95 45,000 Gallons 2" $235.53 $11.61 $223.92 72,000 Gallons 3" $435.52 $15.67 $419 .85 135,000 Gallons 4' $721.23 $21.48 $699.75 225,000 Gallons 6" $1,375.39 $34.89 $1,340.50 450,000 Gallons 2010 Metered Water Rates Outside City: Quarterly Consumption First 400,000 Gallons $4.35 All Consumption Over 4001000 Gallons $3 .11 Note: In the table below, the minimum charge plus the administrative fee equals the Total Quarterly Charge Outside City Minimum Charge Meter Total Quarterly Adm in. Minimum Consumption included in Size Charge Fee Charge minimum 5/8" $8.10 n/a $8.10 None 3/4" $8.69 n/a $8.69 None 1" $106.42 $10.70 $95.72 22,000 Gallons 1 -1/4" .$134.21 $12.38 $121.83 28,000 Gallons 1 -1/2" $205.77 $9.98 $195.80 45,000 Gallons 2" $325.08 $11.81 $313.27 72,000 Gallons 2 .. 12 Page 1of2 BILL NUMBER 10087 CITY OF ENGLEWOOD ENGLEWOOD CIVIC CENTER* 1000 Enalewood Pkwv. *Enalewood CO 8 0110 MAKE CHECK OR MONEY ORDER PAYABLE ro1 CITY OF ENGLEWOOD. THERE WILL BE A $25.0C CHARGE ON ALL RETURNED CHECKS. ACCOUNT NUMBER BILLING DATE DUE DATE 04/01/2011 05/01/2011 $89.90 SERVICE LOCATION lll~mll~llllll/11111 1 11!111111 1111111 ~~1111 111111111~11~11~11~111~11111~ I~ 0 0 0 5 1 9 3 4 0 1 0 1 1 0 3 0 3 2 9 0 0 0 0 0 8 9 WHEN PA YING BY MAIL INCLUDE TOP PORTION OF BILL WITH FULL PAYMENT. ACCOUNT NUMBER SERVICE LOCATION BILLING DATE DUE DATE 04/01/2011 05/01/2011 TYPE OF SERVICE PAYMENT-THANKYOU PREVIOUS BILLING PAYMENT-THANKYOU PAYMENT -THANKYOU WATER CYCLE BILLING SEWER CYCLE BILLING CONCRETE CYCLE BILLING STORM WATER CYCLE BILLING PREVIOUS READING PRESENT 123 128 FROM SERVICE DATES TO 12/01/2010 . 04/01/2011 04/01/2011 04/01/2011 03/01/2011 06/30/2011 06/30/2011 06/30/2011 TOTAL.A'MOUNT!DUE -~ ' CONSUMPTION 5 AMOUNTS $-39.13 $104.54 $-54 .76 $-10 .65 $24.49 $54.76 $6.49 $4.16 $89.90 COMMENTS WATER CONSUMPTION HISTORY PLEASE WRITE THE ACCOUNT NUMBER ON THE PAYMENT CHEC . PLEASE ENCLOSE THE TOP PORTION OF THE BILL WITH THE FUL PAYMENT. DATE DAYS USAGE 03/01/2011 90 5 PAYMErns DU E u~ FULL IF PAYMEHT ARRAHGEMENTS ARE NECESSARY, PLEASE CALL (303) 762~2635 PLEASE SEND PAYMENTS AND ANY INQUIRIES TO: ENGLEWOOD UTI LITIES DEPT., 1000 Englewood Parkway, Englewood, CO 80110. UTILITIES DEPARTMENT CONCRETE QUESTIONS BILL NUMBER ? -J~ 303-762-2635 303-762-2360 1008747 Water 2010 Portion 2010 Admin Fee 2011 Portion 2011 Admin Fee Sewer S,000 gallons/90 days = SS.SS Gallons/day 31 days X SS .SS gallons/day= 1,722 gallons X $3 .11per1,000 gallons= $5.3S $8 .03/90 days= $0.089/day X 31 days= $2.77 $5.35 + $2.77 = $8.12 S9 days X SS .SS/day= 3,277 gallons X $3.29per1,000 gallons= $10.79 $8.Sl/90 days= $0.094S/day X 59 days= $5.S8 $10.79 + $5.58 = $16.37 $8.12 + $16.37 = $24.49 Single Family Metered Minimum $ 54.76 Concrete Flat Rate Storm Water Flat Rate Total. 2 -1 '1 $ 6.49 $ 4.16 $ 89.90 RESOLUTION NO . .!Ii: SERIES OF 2008 A RESOLUTION ESTABLISHING FEE SCHEDULES FOR WATER SERVICE FOR THE CUSTOMERS OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Home Rule Charter, Section 123, requires City Council to set water rates by Resolution; and WHEREAS, with the passage of Resolution No . 93, Series of 2004 the Englewood City Council established fee schedules for Water Service for customers .ofthe City of Englewood; and WHEREAS, the increases are necessary in order to adequately fund the operation and maintenance of the system as well as the capital requirements of the system while providing required bond coverage and maintaining adequate reserves; and WHEREAS, the Water and Sewer Board recommended the proposed rate increases at their October 14, 2008 meeting. NOW, THEREFORE, BE IT RESOL VBD BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, THAT: Section 1. The current water rates and fees established by Resolution No. 93, Series of 2004, shall be subject to cumulative increases for the next three-year-period (2009-2011). Section 2. Water rates and fees for the City of Englewood shall be subject to cilmulative increases for the next three-year-period (2009-2011 ), as follows: On January l, 2009, the current water rates and fees shall be increased by 7%. On January 1, 2010, the water rates and fees existing on and after January 1, 2009 shall be increased by 7%. On January 1, 2011, the water rates and fees existing on and after January 1, 2010 shall be increased by 6%. ADOPTED AND APPROVED· this 3rd day ofNo~ember, 2008 . 2-'" RESOLUTION NO. 22_ SERJES OF 2004 A RESOLUTION ESTABLISHING FEE SCHEDULES FOR WATER SERVICE FOR THE CUSTOMERS OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Home Rule Charter, Section 123, requires City Council to set water rates by Resolution; and WHEREAS, with the passage of Resolution No. 71, Series of 2003 the Englewood City Council authorized a water rate increase; and WHEREAS, the passage of Resolution No. 40, Series ofl 996 authorized a water rate increase; and · WHEREAS, the proposed water rate increase is deemed necessary to cover the depleting Water Utilities' Fund reserves; and WHEREAS, the 2004 audit revealed a decrease in water sales revenue from the 2002 level of approximately 10%; and WHEREAS, the current bond covenants govern the amount of revenue required, revenues must be 110% of the debt service after paying operation and maintenance expenses and must also maintain a debt reserve fund; and ,. WHEREAS, should the .coverage requirement not be met, an independent rate analyst must determine the increases in revenues needed to meet the coverage requirement in the following year; and WHEREAS, the proposed increase was reviewed by Black and Veatch Consulti.Iig Engineers who detennined that an increase was appropriate; and WHEREAS, the Water and Sewer Board recommended the proposed increases at their October 12, 2004 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, THAT: Section I. The current water rates and fees established by Resolution No. 71, Series of 2003, which is an increase of 6% scheduled for January 1, 2005 is hereby repealed. Section 2. Water rates for the City of Englewood shall be subject to cumulative increases for the next four~year-period (2005 -2008), as follows: On January 1, 2005, the current water rates and fees shall be increased by i5%. On January 1, 2006, the water rates and fees existing on and after January 1, 2005 shall be increased by 8%. 2 -17 On January 1, 2007, the water rates and fees existing on and after January 1, 2006 shall be increased by 8%. On January 1, 2008, the water rates and fees existing on and after January 1, 2007 shall be increased by 7%. ADOPTED AND APPROVED this 18th day of October, 2004. I, Loucrishia A. Ellis, City Cle~f9r the l;ity of Engle above is a true copy of Resolution No. ::'.) , Series of 2004. 2 -18 RESOLUTION NO. ;/() SERlES OF 1996 A RESOLUTION ESTABLISIDNG FEE SCHEDULES FOR WATER SERVICE. WHEREAS, Resolution No. 66, Series of 1989 was the last water rate increase; and WHEREAS, the proposed increase provides revenues to build facilities needed to meet future federal requirements and provide additional treatment plant improvements for the removal of certain pathogens; and WHEREAS, changes in federal regulations and the increasing threat of giardia and cryptosporidium contamination have made it necessary for the City to add additional treatment processes to its water treatment plant; and WHEREAS, the Allen Plant is currently operating at its optimal efficiency, but it may not meet the new requirements; and WHEREAS, along with increasing the safety of the treated water, the upgrades may also improve the taste and odor of the water; and WHEREAS, the City also would like to start a program to clean and improve the water mains in the streets of Englewood and to increase it's raw water supply; and WHEREAS, a rate increase is necessary to fund these improvements; and WHEREAS, the proposed increase in water services charges are 9.0% on July 1, 1996, 9.0% on January 1, 1997, 8.0% on January 1, 1998 and 8 .0% on January 1, 1999; and WHEREAS, the Englewood Water and Sewer Boar4 recommended, at their March 12, 1996 meeting, approval of the proposed resolution which increases water rates to fund a major capital improvement program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T;HE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Rates No .I and 2 -(Flat Rate and Metered Service) Inside City; and Rate No. 3 (Metered Service) Outside City, are established for the period beginning July 1, 1996 as follows: RATE NO. 1 INSIDE CITY FLAT RA.TE SERVICE Julyl.1996 ·RESIDENCE RATES: QUARTERLY RATE Facility 1-3 · Rooms ....................................................................................... . 4-5 Rooms ....................................................................................... . 6-7 Rooms ........................................................................................ . 8 -9 Rooms ····························.···························································· Each Additional 2 Rooms Over 9 ............................................................. . Bath .............................................................................................. . Bath and Shower ................................................................................ . Separate Shower ................................................................................ . Water Closet .................................................................................... . 2 -19 $7.68 $9.61 $11.17 $12.38 $ 1.40 $ 7.70 $ 7.70 $ 7.70 $ 7.S4 Automatic Washer ............................................................................. . Dishwasher ..................................................................... · · ... ·. · · ··. · ·. ·. Garbage Disposal .............................................................................. . 1 or More Automobiles Pet Family .......................................................... . IRRIGATION RATES: $ 3.68 $ 4.20 $ 2.81 $ 3.68 Per front foot of property ... ... . . . .. ................ ... ..... ... ................ .. .. . ... . . . . $ 0.3415 (normal depth tracts -125 to 133 feet) Per square foot of property . . . . . . . ...... ... .. .. .. . .. ... . . . . .. . .. .. ... . .. . .. . . . . . . .. . . . . . . . . $ 0.0027 (odd, irregular, over or undersized tracts) BATENQ.2 (Metered SerVi.ce) INSIDE CITY Effective July 1, 1996 AVAILABILITY: Available to consumers on meters taking service inside the corporate limits of the City of Englewood, Colorado, as of Jtily 1, 1996 . APPLICABILITY: Applicable for residential, commercial and industrial service as set forth under the Rules and Regulations adopted by the City Council and as amended from time to time. First Over QUARTERLY QUARTERLY USAGE (GALLONS) 400,000 400,000 RATE PER 1000 GALLONS $1.27 $0.79 MINIMUM CH.ARGES METER SIZE QUARTERLY USAGE INCLUDED IN MINIMUM BILL (1.000 Gallons) None 5/8" $ 3.30 3/4" $ 3.52 1" $32.34 1-1/4" $4Q.57 1-1/2" $61.81 2" $97.18 3 " $179.70 4" $297.60 6" $567.53 .None 22 28 45 72 135 225 450 RATEN0.3 (Metered Service) OUTSIDE CITY Effective July 1, 1996 AVAILABILITY: Available to consumers on meters taking service outside the corporate limits of the City of Englewood, Colorado , as of July 1, 1996. APPLICABILITY: Applicable for residential, commercial and industrial service as set forth under the Rules and Regulations adopted by the City Council and as amended from time to time. First QUARTERLY QUARTERLY USAGE (GALLONS) 400,000 2 RATE PER 1000 GALLONS $1.78 2-20 Over 400,000 METER SIZE QUARTERLY 5/8" $ 3.33 3/4" $ 3.57 l" $43.90 1-1/4" $ 55.38 1-1/2" $84.90 2" $134.13 3" $248.99 4" $413.08 6" $ 797.80 $1.27 MINIMUM CHARGES USAGE INCLUDED IN MINIMUM BILL (1.000 Gallons) None None 22 28 45 72 135 225 450 PAYMENT: All bills are due and payable upon receipt of same and become delinquent 30 (thirty) days after date of bill. All requirements relative to meters shall be in accordance with the Rules and Regulations of the Water Department. No bill will be rendered for water while service is shut off at the curb box. CHARGES FOR MATERIALS: Corporation Stops Meters: 5/8"x3/4" 3/4" 1" 1-1/2" 2" and over All other materials FIRE PROTECTION SER.VICE: (a) Hydrants (private) each. (b) Hydrants (pq.blic) each. First 100 Next 100 All over 200 Invoice cost plus 20% Invoice cost plus 20% Invoice cost plus 20% Invoice cost plus 10% Invoice cost plus 10% Invoice cost plus 5% Invoice cost plus 10% MONTHLY CHARGE INSIDE CITY OUTSIDE CITY 14.63 17.07 7.32 9.75 4.89 7.32 2.43 4.89 3 2 -2. / Section 2. Rates No.1 and 2 -(Flat Rate and Metered Service) Inside City; and Rate No. 3 (Metered Service) Outside City, are established for the period beginning January 1, 1997 as follows: RA.TENO. 1 . INSIDE CITY FLAT RATE SER.VICE Januacy 1, 1997 RESIDENCE RATES: QUARTERLY RATE Facility 1-3 Rooms .................................................................................... . 4-5 Rooms .................................................................................... . 6-7 Rooms .................................................................................... . 8-9 Rooms .................................................................................... . Each Additional 2 Rooms Over 9 .......................................................... . Bath ........................................................................................... . Bath and Shower ............................................................................ . Separate Shower ............................................................................ . Water Closet .................................................................. ········~·····•· Automatic Washer ......................................................................... . Dishwasher ................................................................................. . Garbage Disposal .......................................................................... . 1 or More Automobiles Per Family ....................................................... . IRRIGATION RATES: Per front foot of property .................................................................. . (normal depth tracts -125 to 133 feet) Per square foot of property ................................................................ . (odd, irregular, over or undersized tracts) RAfEN0.2 (Metered Service) INSIDE Cl'IY · Effective January 1, 1997 $8.37 $10.47 $12.17 $13.49 $ 1.52 $ 8.39 $ 8.39 $ 8.39 $ 8.55 $ 4.01 $ 4.58 $ S.06 $ 4.01 $ 0.3723 $0.0029 AVAILABILITY: Available to consumers on meters taking service inside the corporate limits of the City of Englewood, Colorado, as of January 1, 1997. APPLICABILITY: Applicable for residential, commercial and iridustrial service as set forth under the Rules and Regulations adopted by the City Council and as amended from time to time. First Over QUARTERLY QUARTERLY USAGE (GALLONS) RATE PER 1000 GALLONS 400,000 400,000 $1.38 $0.86 MINIMUM CHARGES METER SIZE QUARTERLY USAGE INCL!JDED IN MINIMUM BILL U.000 Gallons) None 5/8" 3/4" $ 3.59 $ 3.84 None 4 2. -2 z 1" 1-1/4" 1-1/2" 2" 3" 4" 6 " $ 35.25 $44.23 $67.37 $105.92 $195.87 $324.38 $618.61 Z>. 28 45 72 135 2Zli 450 RA.TEN0.3 (Metered Service) OUTSIDE CITY Effective January 1, 1997 AVAILABILITY: Available to consumers on meters taking service outside the corporate limits of the City of Englewood, Colorado, as of January 1, 1997 . · APPLICABILITY: Applicable for residential, commercial and industrial service as set forth under the Rules and Regulations adopted by the City Council and as amended from time to time. First Over QUARTERLY QUARTERLY USAGE (GALLONS) 400,000 400,000 RATE PER 1000 GALLONS $1.94 $1.38 MINIMUM CHARGES METER SIZE QUARTERLY USAGE INCLUDED IN MINIMUM BILL U.000 Gallons) 5/8" 3/4" 1" 1-1/4" 1-112" 2" 3" 4" 6" $ 3.63 $ 3.89 $47.85 $60.36 $ 92 .55 $146.20 $271.40 $450.26 $869.60 None None Z>. 28 45 72 135 2Zli 450 PAYMENT: All bills are due and payable upon receipt of same and become delinquent 30 (thirty) days after date of bill. All requirements relative to meters shall be in accordance with the Rules and Regulations of the Water Department. No bill will be rendered for water while service is shut off at the curb box . CHARGES FOR MATERIALS: Corporation Stops Meters: 5/8"x3/4" 3/4" 1" 1-1/2 " · 2" and over All other materials 5 Invoice cost plus 20% Invoice cost plus 20% Invoice cost plus 20% Invoice cost plus 10% Invoice cost plus 10% Invoice cost plus 5% Invoice cost plus 10% FIRE PROTECTION SERVICE: MONTHLY CHARGE INSIDE CITY OUTSIDE CITY (a) Hydrants (private) each. 15.95 18.61 (b) Hydrants (public) each. First 100 7.98 10.63 Next 100 5.33 7.98 All over 200 2.65 5.33 Section 3. Rates No .land 2 -(Flat Rate and Metered Service) Inside City; and Rate No. 3 (Metered Service) Outside City, are established for the period beginning January 1, 1998 as follows: RESIDENCE RATES : Facility RATE NO. I INSIDE CITY FLAT RATE SERVICE Janwuyl. 1998 QUARTERLY RATE 1-3 Rooms .................................................................................... . 4-5 Rooms .................................................................................... . 6-7 Rooms .................................................................................... . 8-9 Rooms .................................................................................... . Each Additional 2 Rooms Over 9 .......................................... ; ............. , .. Bath ........................................................................................... . Bath and Shower ................. , .......................................................... . Separate Shower .............................................................................. . Water Closet ................................................................................. . Automatic Washer .......................................................................... . Dishwasher ..................................................................... ·· ........... . Garbage Disposal ........................................................................... . 1 or More Automobiles Per Family ....................................................... . IRRIGATION RATES : Per front foot of property .............................................................. . (normal depth tracts -125 to 133 feet) Per square foot of property ............................................................ . (odd, irregular, over or undersized tracts) BATEN0.2 (Metered Service) INSIDE CITY Effective January I, 1998 $9.04 $11.31 $13.14 $14.57 $ 1.65 $ 9.06 $ 9.06 $ 9.06 $ 9.23 $ 4 .33 $ 4.94 $ 3.30 $ 4.33 $ 0 .4021 $ 0.0031 AVAILABILITY: Available to consumers on meters taking service inside the corporate limits of the City of Englewood, Colorado, as of January 1, 1998. APPLICABILITY: Applicable for residential, commercial and industrial service as set forth under the Rules and Regulations adopted by the City Council and as amended from time to ti.Die. QUARTERLY QUARTERLY USAGE RATE PER 1000 GALLONS 6 2-'Z'i (GALLONS) First 400,000 Over 400,000 METER SIZE QUARTERLY 5/8" $ 3.88 3/4" $ 4.15 l" $38.08 1-1/4" $47.76 1-1/2" $72.76 2" $114.40 3" $211.54 4" $350.33 6" $ 668 .10 $1.49 $0.93 MINIMUM CHARGES USAGE INQLUOED IN MINIMUM BILL (l,QQQ Gru)Qns) None None 22 28 45 72 135 22.5 450 BATEN0.3 (Metered Service) OUTSIDE CITY . Effective January 1, 1998 AVAILABILITY: Available to consumers on meters talting service outside the corporate limits of the City of Englewood, Colorado, as of January 1, 1998 . APPLICABILITY: Applicable for residential, commercial and industrial service as set forth under the Rules and Regulations adopted by the City Council and as amended from time to time. First Over QUARTERLY QUARTERLY USAGE (GALLONS) 400,000 400,000 RATE PER 1000 GALLONS $2.10 $1.49 MINIMUM CliARGES METER SIZE QUARTERLY USAGE INCLUDED IN MINIMUM BILL (l.QOO Gallons) 5/8" 3/4" l" 1-1/4" 1-1/2" 2" 3" 4 " 6" $ 3.92 $ 4.20 $51.68 $65.19 $99:95 $157.90 $293 .11 . $486.28 $939.17 None None 22 28 45 72 135 225 450 PAYMENT: All bills are due and payable upon receipt of same and become delinquent 30 (thirty) days after date of bill . All requirements relative to meters shall be in accordance with the Rules and Regulations 7 2-zs of the Water Department. No bill will be rendered for water while service is shut off at the curb box. CHARGES FOR MATERIALS: Corporation Stops Meters: 5/8"x3/4" 3/4" 1" 1-1/2" 2" and over All other materials FIRE PROTECTION SERVICE: (a) Hydrants (private) each. (b) Hydrants (public) each. First 100 NextlOO All over 200 Invoice cost plus 20% Invoice cost plus 20% Invoice cost plus 20% Invoice cost plus 10% Invoice cost plus 10% Invoice cost plus 5% Invoice cost plus 10% MONTHLY CHARGE INSIDE CITY OUTSIDE CITY 17.22 20.10 8.61 11.48 5.75 8.61 2.87 5.75 Section 4. Rates No.1 and 2 -(Flat Rate and Metered Service) Inside City; and Rate No. 3 (Metered Service) Outside City, are established for the period beginning January 1, 1999 as follows: RATENQ.1 INSIDE CITY FLAT RATE SERVICE January 1. 1999 RESIDENCE RATES: QUARTERLY RATE Facility 1-3 Rooms ...................................................................................... . 4-5 Rooms ...................................................................................... . 6-7 Rooms ...................................................................................... . 8-9 Rooms ...................................................................................... . Each Additional 2 Rooms Over 9 ........................................................... .. Bath ............................................................................................. . Bath and Shower ............................... ". .............................................. . Separate Shower .............................................................................. . Water Closet .................................................................................. . Automatic Washer ........................................................................... . Dishwasher ................................................................................... . Garbage Disposal ......................................................................... · ... . 1 or More Automobiles Per Family ........................................................ . 8 2 .. 2(o $9.76 $12.21 $14.19 $15.73 $ 1.78 $ 9.79 $ 9.79 $ 9.79 $ 9.97 $ 4.67 $ 5.34 $ 3.57 $ 4.67 IRRIGATION RATES: Per front foot of property .................................................................. $ 0.4342 (normal depth tracts -125 to 133 feet) Per square foot . of property .. . ... ... . .. . .... ...... .. . .. ... . .. . . . ... ... . . . .... .. . ... . .. . .. . . $ 0.00~4 (odd, irregular, over or undersized tracts) BATENQ.2 (Metered Service). INSIDE CITY · Effective January 1, 1999 AVAILABILITY: Available to consumers on meters taking service inside the corporate limits of the City of Englewood, Colorado, as of January 1, 1999. APPLICABILITY: Applicable for residential, commercial and industrial service as set forth under the Rules and Regulations adopted by the City Council and as amended from time to time. First Over QUARTERLY QUARTERLY USAGE (GALLONS) 400,000 . 400,000 RATE PER 1000 GALLONS $1.61 $LOO MINIMUM CHARGES METER SIZE QUARTERLY USAGE INCLUPED IN MINIMUM BILL (1,000 Gallons) None 5/8" 3/4" 1 " 1 -1/4" 1-112" 2" 3" 4" 6" $ 4.19 $ 4.78 $41.12 $ 51.58 $ 78.58 $123.55 $228.47 $378.36 $ 721.55 None Z2 28 45 72 135 22.5 450 RA.TEN0.3 (Metered Service) OUTSIDE CITY Effective January 1, 1999 AVAILABILITY: Available to consumers on meters taking service outside the corporate limits of the City of Englewood, Colorado , as of January 1, 1999. APPLICABILITY: Applicable for residential, commercial and industrial service as set forth under the Rules and Regulations adopted by the City Council and as amended from time to time. · First Over QUARTERLY QUARTERLY USAGE (GALLONS) 400,000 400 ,000 9 RATE PER 1000 GALLONS $2.26 $1.61 2 ... 2 7 METER SI~E QUARTERLY 5/8" 3/4" l" 1-1/4" 1-1/2" 2" 3" 4 " 6" $ 4.23 $ 4.54 $55.81 $70.40 $107.94 $170.53 $316.56 $525.18 $1014.30 MINIMUM CHARGES USAGE INCLUDED IN MINIMUM BILL (1.000 Gallons) None None zz 28 45 'i"2 135 225 450 PAYMENT: All bills are due and payable upon receipt of same and become delinquent 30 (thirty) days after date of bill . All requirements relative to meters shall be in accordance with the Rules and Regulations of the Water Department. No bill will be rendered for water while service is shut off at the curb box . CHARGES FOR MATEipALS: Corporation Stops Meters: 5/8"x3/4" 3/4 " 1 " 1-1/2" 2" and over All other materials 10 Invoice cost plus 20% Invoice cost plus 20% Invoice cost plus 20% Invoice cost plus 10% Invoice cost plus 10% Invoice cost plus 5% Invoice cost plus 10% 2 .. 28 FIRE PROTECTION SERVlCE: MONTHLY CHARGE INSIDE CITY OUTSIDE CiTY (a) Hydrants (private) each. 18.60 21.71 (b) Hydrants (public) each. First 100 9.30 12.39 Next 100 6.21 9.30 All over 200 3.09 6.21 ADOPTED AND APPROVED this 18th day of March, 1996. ~tf.t!L Loucrishia A. Ellis, City Clerk . ~iAL omasJ:B :Mayor w I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No4d, Series of 1996. ~ d ~ Loucrishia A. Ellis . 11 Daniel L. Brotzman April 11, 2011 . Page 2 The largest bill is for the last of the FRICO/United/East Cherry Creek applications, which appears to be essentially settled at the time this letter is being written. There remain only a few wording issues, which will probably be resolved in a day or so. The matter was originally set for a six-week trial , which would have been horrendously expensive. Trial was to start April 11. There were three very troubling aspects of this case. The first was an expansion of diversions from the river by Milton Reservoir; the second was the attempt to divert 100,000 acre feet from the river to be stored in aquifers and pumped out for municipal use; and the third was bizarrely erroneous computer modeling of the stored water and well depletions. Milton Reservoir calls out Englewood's McLellan Reservoir right while Milton is filling. It is important to keep the Milton calls from increasing. Milton fills from two sources. The first is a canal from the river called the Platte Valley Canal. The second is a drainage canal called the Beebe Canal. The Beebe Canal collects seepage water from Beebe Draw and delivers a steady flow into Milton. Reductions in the Beebe Canal flow into Milton result in greater. draws on the river, and more calls , to fill Milton through the Platte Valley Canal. The Applicants proposed to take water from the Beebe Canal by means of wells along the Canal. There is a dispute as to whether the Beebe Canal flows are indeed a lawful source for Milton. If they are not, the wells could take a great deal of the Canal flows; but if the Milton decree includes the Canal flows, the wells cannot lawfully reduce the flows. Our position was that the flows "belonged" to Milton. We settled this issue on a vety favorable basis, whereby the well pumping will have only a minimal effect on the Canal flows. Unfortunately, the State Engineer's position on the issue required that the settlement decree contain some illogical and sometimes conflicting provisions(The State Engineer now takes the position that the flows do not belong to Milton, despite the fact that the State Engineer took the contrary position for nearly 100 years.) So it is possible that at some point the question of whether the Canal flows "belong" to Milton could be reopened and litigated. It would not t3ke a long trial, and there is a very significant argument that the flows "belong" to Milton. The next problem was that the Applicants proposed ·to take I 00,000 acre feet from the river and store the water in underground aquifers, by first putting the water into recharge ponds from whence the water would seep into the aquifers. The stored water was then to be pumped out, by wells, for municipal use. Without going into detail, while the Applicants initially claimed 100,000 acre feet, the settlement gives Applicants only somewhere around 3,600 acre feet which they can so use. That water would come from the river in times of high flow, and from changes of ditch rights south and east of Greeley. 3-1 Daniel L. Brotzman April 11 , 2011 - Page 3 The third problem was Applicants' proposed computer modeling of the "storage" and of the effects of the well pumping. The model was wildly incorrect. For example, at some points it showed water stored in the aquifers to be eight feet above the surface of the ground. We were able to resolve upon sensible models to determine the effect of storage and the wells. The settlement process was exceptionally arduous. There were some eight to twelve serious players in the case, often at odds with one another, and the settlement decree is ninety-five pages plus many more pages of attached exhibits. The initial positions of the Applicants were far from reality, and it took enormous effort to push them into a serious settlement posture; and the opponents, including the State Engineer, often did not agree among themselves, especially as to the. Milton Reservoir/Beebe Canal issue. Every party's representatives, unfortunately, had their own ideas as to grammar and phraseology, as well as substance. But we got it done! The other billing of magnitude is for Denver's gravel pit exchanges. As I have noted before, Denver is constructing gravel pit reservoirs near Brighton, in which Denver will capture its reusable effluent from Metro Sewer and other sources. Denver then plans to exchange the stored effluent to Chatfield and other upstream locations. (The term "exchange" means that Denver will release water from the gravel pits to the stream, to satisfy a call which is downstream of the gravel pits, arid take the released amount from the river upstream.) The gravel pits will greatly expand the amounts which Denver exchanges, particularly to Chatfield Reservoir. The increased exchanges to Chatfield will adversely impact Englewood in tWo ways. First, since the exchanges close the Chatfield outlet gates , hardness in the river at Englewood's diversion point goes way up. Second, Englewood itself exchanges on annual average about 800 acre feet from Bear Creek to Chatfield. Denver claims that its new exchanges will have priority dates senior to that of the Englewood exchange. If Denver prevails on that point, Englewood's exchange is likely to be grossly reduced or perhaps eliminated. The water which Englewood exchanges to Chatfield is typically sold to Centennial, although it can be used at the Allen/Fonda plant to reduce hardness (by taking the water from Chatfield down City Ditch). The price of water sold to Centennial will jump substantially on January 1, 2013, if · present deliveries continue. The new price for the average 800 acre feet exchanged would be around $250 .00 per acre foot , or a total per annum of $205,000 or so. So we are struggling with Denver for two reasons; the hardness problem and the loss of revenue from reduction of Englewood's exchange from Bear Creek to Chatfield. J-2 Daniel L. Brotzman April 11,2011 Page4 We have a strong case that Denver's exchange from the gravel pits is not senior to the Englewood exchange. · Unfortunately, the hardness issue cannot be raised in Water Court. The hardness issue could be raised in a federal district court suit, because Denver lacks proper permits for its activities which close the Chatfield gates. The permits involved are those required under Section 404 of the federal Clean Water Act. We are engaged in serious settlement negotiations with Denver. It is too early in the process to give an estimate of the likelihood of success. It does appear that Denver is genuinely interested in settlement, but at this point our positions are rather far apart. 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. City Ditch Municipal Use (#166): This matter will encompass the research being made into the proof of Englewood's entitlement to divert on the 1860 City Ditch decree, which was originally decreed for irrigation. We analyzed Denver's proposal regarding municipal use. 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 reviewed a settlement stipulation with Public Service. 4. 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 rights is proper. We reviewed pleadings regarding entry of Referee's ruling. 5. Buffalo Park, et al. (94CW290) (#341 ): Applicants seek ground water rights, surface water rights, change of water rights and an augmentatiOn plan, including exchange for the purpose of providing augmentation water to four subdivisions located in the Bear Creek/Turkey Creek water shed in the Evergreen area. Englewood entered this case to preserve return flows from Warrior