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HomeMy WebLinkAbout2011-10-11 WSB AGENDAWATER & SEWER BOARD AGENDA Tuesday, October 11, 2011 5:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM ENGLEWOOD CITY HALL 1. MINUTES OF THE SEPTEMBER 13, 2011 MEETING. (ATT. 1) 2. GUEST : NICOLE HASKINS OF TELEWORDS. (ATT. 2 -ENCLOSED IN PACKET) 3. PURCHASEOFTVVAN. (ATT .3) 4. INFORMATIONAL ITEMS: "DENVER WATER BOARD TO VOTE ON 5.5 PERCENT RATE HIKE," FROM THE DENVER POST. (ATT. 4) "EAST-WEST PEACE PACT," FROM THE COLORADO FOUNDATION FOR WATER EDUCATION. (ATT. 5) 5. OTHER. WATER & SEWER BOARD AGENDA Tuesday, October 11, 2011 5:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM ENGLEWOOD CITY HALL 1. MINUTES OF THE SEPTEMBER 13, 2011 MEETING . (ATT. 1) 2. GUEST: NICOLE HASKINS OF TELEWORDS. (ATT. 2 IS ENCLOSED IN PACKET) 3. PURCHASE OF TV VAN. (ATT. 3) 4. TOTAL TRIHALOMETHANE CHART. (ATT. 4) 5. LETTER SENT TO SANITATION DISTRICTS REGARDING TAP FEE ADJUSTMENTS. (ATT. 5) 6. INFORMATIONAL ITEMS: "DENVER WATER BOARD TO VOTE ON 5.5 PERCENT RATE HIKE," FROM THE DENVER POST. (ATT. 6) "EAST=WEST PEACE PACT," FROM THE COLORADO FOUNDATION FOR WATER EDUCATION. (ATT . 7) 7. OTHER. WATER AND SEWER BOARD MINUTES September 13, 2011 The meeting was called to order at 5 :03 p .m. Members present: Clark, Wiggins, Olson, Woodward Members absent: Higday, Bums, Habenicht, McCaslin Mr. Cassidy had resigned from the Water and Sewer Board on July 11, 2011. Also present: A quorum was not present. Stewart Fonda, Director of Utilities John Bock, Admin. Manager of Utilities Police Officer Mander Deputy City Clerk Bush Chairman Clark stated that since a quorum is not present, no formal business will be conducted. The meeting adjourned at 5:37 p.m. The next Englewood Water Board meeting will be October 11, 2011 in the Community Development Conference Room. Respectfully submitted, Is l Cathy Burrage Recording Secretary Date December 5, 2011 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject Purchase of a TV Van STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their October 11, 2011 meeting recommended Council approval by motion of the purchase of a TV van and power control unit. Staff recommends awarding the bid t o Boyle Equipment Company in the amount of $123,275 .00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The TV van allows the wastewater collection crew to inspect the sanitary and storm water systems from the inside of the pipe. This will provide an inline view for inspecting pipe quality, root infiltration, protruding taps, offset joints and manhole invert connections, blockages and debris in mains. Staff requested an upgrade to a steerable camera transporter. The steerable transporter will enable the unit to navigate around offset joints and obstacles greatly enhancing the ability to inspect lines, allowing a more accuate view to look into tap connections, buried manholes and collapsed pipe severity. Three bids were received from vendors for a TV van. Boyle Equipment Company DW Inspection Systems Hydro Physics Pipe Inspection $118,775.00 $129,467.00 $132,144.00 Boyle Equipment Company was the acceptable low bidder in the amount of $118,775.00, plus $4,500.00 for the steerable camera transporter upgrade, for a total of $123,275.00. FINANCIAL IMPACT Boyle Equipment Company is the recommended bidder at $123,275.00. The Utilities Department budgeted $125,000.00 for this piece of equipment in the 2011 Budget under #411605 61401 and 61301 . LIST OF ATTACHMENTS Bid Proposal Tabulation MEMORANDUM TO: Stu Fonda, Director of Utilities FROM : Tom Brennan, Utilities Engineer @ DATE: September 26, 2011 RE: IFB-11-025, Utility Van with T.V. Mounted Inspection System The Utilities Department staff has reviewed the above mentioned Invitation for Bid and has determined that Boyle Equipment Company's bid is the lowest, technically acceptable bidder. The City received three bids for IFB-11-025 and they were as follows: Boyle Equipment Company: $118, 775.00 OW Inspection Systems: $129,467 .00 Hydro Physics Pipe Inspection: $132,144.40 The approved budgeted amount for the TV System is $125,000.00. The Utility Department staff has requested an upgrade from the specified non-steerable camera transporter to a steerable camera transporter. The price for the upgrade is $4500.00 bringing the bid price to $123,275 .00. A steerable transporter will enable the unit to navigate around offset joints and obstacles greatly enhancing the ability to inspect lines. Therefore, the award will be made to Boyle Equipment Company for $123,275.00. Results in ug/I PWSID#-CO 0103045 Total Trihalomethanes Sheet 11 Date Sample Site Chloroform Bromodichloro-Dibromochloro-Bromoform THM4 RAA LRAA methane methane Concentration 4811 S. Broadway 3.78 8.43 11.20 3.46 26.87 28.38 "'<:>; 1000 Englewood Prky 3.29 8.55 11 .80 3.90 27 .54 31.78 't.~ 3380 S. Lincoln 3.60 9.16 11.80 4.47 29.03 32.55 ,'I: 2323 W. Baker 3.46 9.48 12 .90 5.06 30.90 34.28 Averaae 3.53 8.91 11 .93 4.22 28 .59 31 .75 4811 S. Broadway 8.98 9.36 7.68 1.26 27.28 31.97 ')jO; 1000 Englewood Prky 12 .00 12.90 9.91 1.69 36.50 36.32 ~~ 3380 S. Lincoln 11.30 10 .30 7.59 1.36 30.55 35.90 '\,~ 2323 W. Baker 8.16 8.20 6.42 1.26 24.04 35.46 Averaae 10 .11 10.19 7.90 1.39 29.59 34 .91 4811 S. Broadway 13 .80 13 .80 12.70 3.35 43 .65 35.61 "'<:>; 1000 Englewood Prky 11.80 13.00 12 .30 3.25 40.35 37.01 ';?-.JS; 3380 S. Lincoln 12.80 14 .00 12.80 3.46 43.06 36.96 ~ 2323 W. Baker 11 .80 12.60 11.40 3.06 38 .86 35.00 Averaae 12 .55 13.35 12.30 3.28 41.48 36 .14 4811 S. Broadway 7.90 7.89 4.35 0.74 20.88 29 .67 "'<;;:,<:>; 1000 Englewood Prky 8.30 8.55 4.96 0.90 22 .71 31.78 ~~o 3380 S. Lincoln 8.42 8.88 5.35 1.01 23 .66 31 .58 '\) 2323 W. Baker 8.48 11.40 10 .50 3.24 33.62 31.86 Averaae 8.28 9.18 6.29 1.47 25 .22 31 .22 4811 S. Broadway 5.30 10.30 11.40 3.90 30 .90 30 .68 ~ 1000 Englewood Prky 5.10 10 .80 12.30 4.40 32.60 33.04 't.~ 3380 S. Lincoln 5.40 11 .20 12 .60 4.30 33 .50 32.69 ~ 2323 W. Baker 5.30 11.10 12 .50 4.30 33.20 32.43 Averaqe 5.28 10.85 12.20 4.23 32.55 32 .21 4811 S. Broadway 7.70 10 .70 9.40 2.10 29.90 31.33 ~ 1000 Englewood Prky 9.40 12.30 9.80 2.10 33.60 32.32 ~'1>~ 3380 S. Lincoln 9.70 12.30 9.40 2.00 33.40 33.41 C'<f 2323 W. Baker 9.50 12.60 10.40 2.50 35 .00 35.17 Averaqe 9.08 11.98 9.75 2.18 32.98 33.06 4811 S. Broadway 14.60 12.00 7.60 1.30 35.50 29 .30 '<;;:, 1000 Englewood Prky 15 .90 12 .10 7.80 1.40 37 .20 31 .53 'ff>~ 3380 S. Lincoln 16 .60 12.30 7.60 1.30 37 .80 32 .09 ,o; 2323 W. Baker 16.30 12 .60 8.10 1.50 38.50 35 .08 Averaoe 15 .85 12 .25 7.78 1.38 37 .25 32 .00 4811 S. Broadway 7.00 14.30 16 .20 4.70 42.20 34 .63 ,<;;:, 1000 Englewood Prky 7.30 13.70 12 .60 3.50 37 .10 35 .13 "" 3380 S. Lincoln 7.80 13.60 11 .90 3.30 36 .60 35 .33 .,,~~o 2323 W. Baker 7.20 13 .80 13.30 3.60 37.90 36 .15 Averaae 7.33 13 .85 13.50 3.78 38.45 35.31 4811 S. Broadway 8.30 12 .90 13.00 4.40 38.60 36.55 ,, 1000 Englewood Prky 8.20 12.80 12.40 4.60 38.00 36.48 ~'1>" 3380 S. Lincoln 8.80 13.70 12 .90 4.60 40 .00 36 .95 'I: 2323 W. Baker 10 .10 14 .00 12 .00 3.90 40.00 37.85 Averaae 8.85 13.35 12 .58 4.38 39.15 36.96 4811 S. Broadway 4.10 5.80 8.60 5.00 23 .50 34.95 ,, 1000 Englewood Prky 3.70 5.80 9.40 7.40 26.30 34 .65 ~'1>~ 3380 S. Lincoln 3.80 5.50 8.30 6.00 23 .60 34.50 "i 2323 W. Baker 4.90 6.50 8.50 5.10 25.00 35.35 Averaqe 4.13 5.90 8.70 5.88 24 .60 34 .86 4811 S. Broadway 11.70 8.60 5.10 0.80 26.20 32.63 ,, 1000 Englewood Prky 12.30 8.90 5.00 0.86 27.06 32 .12 ':?-"~ 3380 S. Lincoln 12.30 8.80 5.10 0.86 27 .06 31 .82 ~ 2323 W. Baker 12 .30 8.70 5.10 0.90 27.00 32.48 Averaae 12 .15 8.75 5.08 0.86 26.83 32.26 Averages include compliance data only .... Results in ug/I Date Sample Site Dibromoacetic acid 4811 S. Broa dway 4.6 ~ 1000 Englewood Pky 1.7 ~ 3380 S. Lin co ln 1.1 ~~o "3 2323 W. Bake r 3.0 Average 2.6 4811 S. Broad way 3.5 "" 1000 Englewood Pky 4.1 ~~ 3380 S. Lincoln 4.0 "\; 23 23 W. Baker 4.0 Avera ge 3.9 4811 S. Bro adway 4.3 , .... 1000 Eng le wood Pky 3.5 ~'If. 3380 S. Lin co ln 3.0 '-$ 2323 W. Ba ker 3.0 Average 3.5 4811 S. Broadway 1.30 , .... 1000 Eng lewood Pky 1.40 '5?-~~ 3380 S. Li ncoln 1.20 ,<tr 2323 W. Baker 1.30 Ave rag e 1.30 4811 S. Bro adway 1000 Englewood Pky 3380 S. Lincoln 2323 W. Baker Average 4811 S. Bro adwa y 1000 Englewood Pky 3380 S. Li ncoln 2323 W. Ba ke r Avera ge 4811 S. Broadwa y 1000 Englewood Pky 3380 S. Lin col n 2323 W. Baker Average 481 1 S. Broa dway 1000 Englewood Pky 3380 S. Lincoln 2323 W. Bak er Averag e 4811 S. Broadway 1000 Englewood Pky 3380 S. Li ncol n 2323 W. Baker Ave rag e 4811 S. Broadw ay 1000 Englewood Pky 3380 S. Lincol n 2323 W. Baker Averag e Haloacetic Acid (HAAS) Analyses PWSID -103045 Dichloroacetic Monobromoacetic Monochloroacetic Trichloroacetic ac id ac id acid acid 5.1 1.9 5.1 2.2 1.2 4.2 1.7 1.2 4.6 4.3 5.1 4.4 3.3 2.4 4.6 4.6 3.7 3.8 4.0 2.1 3.8 5.9 2.3 4.1 6.1 2.5 4.4 5.2 2.7 4.0 3.4 3.1 2.1 1.8 2.2 1.7 3.0 2.4 2.7 2.3 3.30 3.50 4.10 3.50 3.30 3.30 3.00 3.10 3.43 3.35 Averages include compliance data only. Sheet6 Total HAAS RAA LRAA Concentration 16.7 14.3 9.3 11.8 8.6 11.8 16.8 14.0 12.9 13 .0 15 .6 14.6 14 .0 12.9 16 .3 13.7 17 .0 13.6 15.7 14 .1 10.8 14.0 7.4 10.7 6.9 12.5 8.4 14.4 8.4 13 .2 8.1 12.80 9.0 9.93 7.8 9.90 7.4 12.40 8.1 11 .26 (Date) (Sanitation District) Re: Revisions to the City of Englewood 's Sanitary Sewer Connection Fees (Salutation): This letter will serve as notice that, at its October 17, 2011 meeting, the City of Englewood's City Council passed on second reading revised sanitary sewer connection fees that affect new sewer connections in (sanitation district). Those revised connection fees will take effect thirty days after the second reading date, or November 18, 2011. The revised fees do not affect "single use" connections, that is, one meter serving a single residence or single commercial property. The revised fees pertain to multi-family and mixed use multi-family and commercial properties. The new fee schedules are included with this letter. If you have any questions or need assistance, please feel free to contact me. Sincerely John Bock Utilities Manager of Administration 303-762-2643 Fax 303-783-6894 jbock@englewoodgov.org CITY OF ENGLEWOOD Utilities Department Effective 11-3-2011 Table Two Mixed Use Residential and Commercial Sanitary Sewer System Connection Charges Mixed use Residential and Commercial Sewer Connection fees are a combination of the per residential dwelling unit charge plus a per commercial fixture unit fee based on the number of fixture units. Multi Family Sewer Connection Fees Collection Treatment Plant Base Fee $720 .00 $845.00 Dwelling Unit Fee (per dwelling unit) First 12 units $160 .00 $185 .00 Next 22 units $125 .00 $150.00 Over 34 units $75.00 $85.00 Commercial Mixed Use Sewer Connection Fees Sewer Collection Treatment First 125 fixture units $23.00 $27.00 Next 250 fixture units $10.00 $11.00 over 375 fixture units $7.00 $9 .00 Note: The mixed use connection fees shall be the greater of the following: 1) The sum of calculated mixed use multifamily and commercial connection fees or 2) Meter size based connection fee. H:\JBock\General Spread Sheets\ Water and mixed use sewer Tap Fees New 2011 .xls CITY OF ENGLEWOOD Utilities Department Effective 11-3-2011 Table One Multi Family Sewer Connection Fees Collection (Surcharge) Treatment Plant Base Fee $720 .00 $845 .00 Dwelling Unit Fee (per dwelling unit) First 12 units $160 .00 $185.00 Next 22 units $125.00 $150.00 Over 34 units $75.00 $85 .00 Note: For multi family sewer connections, fees shall be the greater of the following: 1) The sum of the multifamily connection fees or 2) Meter size based connection fee. H:\JBock\General Spread Sheets\ Water and mixed use sewer Tap Fees New 2011.xls denverpost .c om denver and the west D enver Water board to v o te on 5 .5 percent r ate hike By The Denver Post Denver Water's board will vote on a 5.5 percent rate hike next month to pay for improvements and repairs to its system. If approved, the rates would increase for the 21st year in a row. Last year, the board raised rates by 5 percent. The increase would take effect in January, costing the average residential Denver customer another $19.43 a year, about $1.62 a month, according to Denver Water. Suburban customers pay more: The average bill there would rise about $2 .84 a month, or $34.11 a year. The five-member utility board will vote on the increase at its Sept. 28 meeting. Public comments can be sent to dbwc @ denverwater.org or phoned in to 303 -628-6320 . The board also will take comments at the Sept. 28 meeting, which begins at 9 a.m. at its headquarters at 1600 W. 12th Ave . in Denver. The increase will help pay for a watershed protection initiative, expanding the utility's recycled water system and a pipe rehabilitation and replacement program. "We are keenly aware of our need to spend our customers' dollars wisely," Angela Bricmont, Denver Water's finance director, said in a news release. "That 's why we've reduced our budget for 2012 and have launched an organization-wide efficiency initiative to keep us as lean as possible." Denver Water serves about 1.3 million customers in Denver and many of its suburbs. Customers who use more would pay more, the utility noted. The 5.5 percent increase also would apply to commercial and government customers. The utility, which is funded solely through rates and customer fees, owns and maintains more than 3 , 000 miles of pipes, 12 reservoirs, 22 pump stations and four treatment plants. Denver Water cited the system's upkeep and improvements for its increase last year. Rates rose 1 7 percent between 2007 and 2009. I I I :,[ ii it I I . ~u!des say that relea si ng water from the res ervoi r in August -~ creates an artificial flow-and a danger. "The Fryingpan itself would never have that much water in August were it not for the dam," says Will Sands of Taylor Creek Flyfishing. At 150 to 250 cfs, the natural flows of August, clients can stand in the water. Flows of 400 and 600 cfs hurt fishing quality and chall enge even sturdy young anglers. "A t 800," h e says, "it's kind of a whitewa- ter tunnel." Clients go elsewhere , impacting restaurants, lodges and o ther businesses in Basalt. Kremmling and Glenwood Springs, a few of them in the stee p chasm of Gore Canyon. ln the 1970s , only a few brave kayakers ventured into the canyon. Then, rafters arrived, soon accompa- nied by paying customers. ln the Grand Valley, such notions are sure to ruffle feathers . Technological upgrades and moxie combined to produce the ch ange . Se lf-bailing boa ts allow greater maneuverability, and hand grips offer more stability for paddlers . Another factor, says Darryl Bangert , one of the canyon 's pion ee ring rafters, was simple brazenness . Af ter a trip in 1985 in which h e saw boaters in New Zea land and elsewhere, he returned with new ambitions . "I sai d , 'What wussie boys we were in Colorado."' "So metimes fishing becomes more important than releasing water for senior water rights," Richard "Dick" Proctor, manager of the Grand Valley Water Users Association, notes dryly. The evolving, more complicated nature of Colorado River water can also be found among whitewa ter boaters. Some 50,000 boater days were record ed in 2010 in the area between In Gore Canyon, it's still not a big business . Timberline Tours , an Eagle-based company, has about 100 customers per year for the $175 adventure-provided the water levels are right. They raft only when the river is running between 750 cfs and 1,250 cfs. And they take what they can get. But members on the Phone Call have been In what has been heralded as an historic peace accord , Denver Water and 34 West Slope entities have proposed a Colorado River Cooperative Agreement to settle long- time water disputes . What was previously referred to as "the global negotiations " lasted five years, required the help of a professional mediator, and was "painful all around ," according to David Little , Denver Water's planning director. And yet, despite the expectation that they would not find common ground, as noted by Gov. John Hickenlooper at the April 28 , 2011 press conference where the agreement was made public, the parties have reached what he called "more than a truce ." "For too long people who had so many interests in common saw each other almost as enemies . The relationships built here will have an enduring impact ," the governor said . Indeed, the proposed agreement rep- resents a new way of doing business , says attorney David Taussig , who represents the Grand County Board of Commissioners . "lt cements or changes a culture that future development on the Colorado River will be accomplished through cooperation rather than confrontation ," said Colorado River District general manager Eric Kuhn at the press conference. The agreement was spurred in part by Denver Water's proposed Moffat Firming Project , a plan to add storage on the East Slope that would give the utility opera- tional flexibility and enable it to add 18,000 acre feet to the annual yield of its Moffat Collection System, which diverts from the Fraser and Williams Fork rivers as well as South Boulder Creek This supply would buffer Denver Water's northern service area , which it says is critically water-short in dry By )ayla Poppl eton years. In the give-and-take of the agreement, West Slope signatories pledge not to oppose the proposed project , which wouldn't be completed until 2017 and is still awaiting a federal permit to proceed . ln exchange , Denver Water will work to improve the health of headwaters streams . This goes beyond any actions required to mitigate the Moffat Firming Project's impacts by the federal permitting process . Because of the added flexibility the project will give the utility, Denver Water agrees to contribute up to 2,000 acre feet of water annually for release during low flow periods or for other environmental benefits in the Fraser and Colorado rivers . "It's water that they could have otherwise diverted," says Taussig . "We can put 5 or 6 cubic feet per second in the upper Fraser Basin. Up in those streams , 1 or 2 cfs can make a huge difference ." Denver Water will also give the county $4 million for improvement of aquatic habitat and other environmental enhancements . And Denver Water is committed to partnering with the Colorado River Basin entities in a process called Leaming by Doing , or adap- tive management , says Taussig . "We will all watch what happens and adapt to make the river better." The agreement also resolves a decades- old disagreement in Summit County over how Denver Water is legally entitled to use water diverted through the Roberts Tunnel per the 1955 Blue River Decree . The Blue River Decree requires Denver Water to use its Blue River water, stored in Dillon Reservoir , within the utility's combined service area . From the West Slope's point of view, that stipulation referenced the service area as it was defined in 1955 when the decree was issued, effectively setting an upper limit on how much water the utility could ultimately divert. Denver Water has countered that the decree allowed its ser- vice area to grow, and as the utility annexed new areas , expanding, as Little put it , "like an amoeba on steroids," it has served an ever-growing customer base . Now, Denver Water agrees it will not expand its service again after receiving West Slope support in its effort to share water with South Metro communities through its WISE project. Those communities face a looming crisis if they don't move beyond non-renewable groundwater as their primary water source. For water received through the WISE project-where re-useable water would be re-routed via Aurora's Prairie Waters recy- cling project to the Rueter-Hess Reservoir in Parker-the South Metro communities will incur a 12.5 percent surcharge . The money will go into a fund , to be adminis- tered by the Colorado River District , with 20 percent stipulated for forest health and restoration projects in Grand and Summit counties and the rest for environmental and water supply projects along the Colorado River from the headwaters to the state line . In exchange, South Metro beneficiaries will agree not to go to the Colorado River main- stem basin upstream of its confluence with the Gunnison River for a transbasin diver- sion project. And Denver Water will only develop additional Colorado Basin water in cooperation with West Slope entities. Denver Water has also agreed to pursue more aggres- sive conservation measures and to use more of its re-useable water itself. In Colorado , diverted water can generally be used only once before it is allowed to return to the stream . In the case of water transported from another bas in, however, water can legall y be l 6 COLORADO FOUNDATION FOR WATER EDUCATION reminded of an annual boating festival , the Gore Canyon Race, and hnVr-releases from Green Mountain might adversely affect it. "If they are going to do something funky, they work around our races ," says Lisa Reeder , a part-owner of Timberline . laws for admini stration of water were institutionalized. It 's still first in time , first in right-but now there may be asterisks . Eric Kuhn , manager of the Colorado River Water Conservation District, sees the weekly teleconference as reflective of the changes he has observed since the late 1970s . "In 1977 , Denver's demands were not what they are today, because they were serv- ing 700,000 to 800 ,000 people , not 1.4 million . Things were not as tight." Another new twist is a recommendation by a group of fed- eral, state and local agencies , along with environmental and recreational interests, that would affect 54 .4 miles of the river, from Gore Canyon through Glenwood Canyon. The group pro- poses this segment be managed to protect and perhaps enh ance the existing "outstandingly remarkable values " as defined by the federal Wild and Scenic River Act, but without formal designa- tion . Instead , they 're suggest in g something similar to the model used to ensure wa ter for endangered fish while retaining flex- ibility for water users and yields for water projects . True, these are far more complex times for the Colorado River than in the 1860s and 1870s, when Co lorado 's original The future , as Kuhn points out, will be on e of greater finesse yet. "It is continually evolving , but those [phone] calls have been very, very helpful in having the various parties understand the limitatio n s and the problems they face-and really lead ing to a lot of cooperative effort on an annual basis, not in the sense of agreements and decrees, but in the operational sense . I actu- ally see them becoming more valuab le as things get a little more complicated and a little tighter in the future." D Eric Kuhn heads the Glenwood Springs-based Colorado River Water Conservation District, comprising 15 West Slope counties . used again and again "to extinction ." In addition to water offered to Summit and Grand counties for environmental , municipal and snowmaking purpos- es , Denver Water will provide use of its vast collection system, including Dillon Reservoir, as a means of storing and mov- ing water for headwater communities . "This makes it possible to have water for future growth here ," says attorney Barney White, who represented Summit County in the negotiations . "Without this agreement , it's difficult [for Summit County] to get any firm yield above Dillon ." With Denvers help , the yield in Clinton Reservoir on Freemont pass will be enhanced, providing additional snowmaking water for the major ski resorts in the area. And in Eagle County, Denver agrees not to pursue any water supply project without the express support of the county and the various water entities operating there. Another $8 million will go into a pot to subsidize projects for West Slope water users . And there will be another $10 mil- lion for wastewater treatment improve- ments to address nutrient-loading in water bodies throughout the river basin. For both the middle river near Glenwood Springs and the lower rivers Grand Valley, the most important element of the agreement revolves around protect- ing the Shoshone hydroelectric plant's his- toric call for water. The Xcel Energy-owned plant, which has a senior right for 1,250 cubic feet per second, pulls relatively clean water steadily down from the headwaters, says Mark Hermundstad , who represented several Grand Valley entities in the negotia- tions . Shoshone outages have temporarily affected the river-when the plant is out, it can't call for water-with greater fre - quency, and those who rely on it fear the possibility that it could go out of business or that Denver could ultimately buy the water right, though Xcel has said it is not for presently for sale. In the agreement, all parties consent to mimic the Shoshone call as though it is always on except under extreme drought circumstances-if Denver were forced to ban outdoor watering. An additional operational agreement is being developed for Green Mountain Reservoir that would ensure water that is supposed to be stored there for West Slope users is actually accounted for and available through the reservoirs releases. In some years, under certain conditions, Denver Water stores water in Dillon Reservoir, which sits upstream of but has a junior water right to Green Mountain, that should have been released to fill Green Mountain , says Hermundstad . "We want to make sure [Green Mountain] gets its legal fill every year." In September 2010 , the proposed agree- ment was filed with the federal court where the case is pending . The agreement has yet to pass review by the U.S. Bureau of Reclamation and the Colorado State Engineers Office , two organizations critical to its implementa- tion . According to Little, as it is currently structured , the agreement will either be 100 percent successful or 100 percent failure . As those sitting outside the confidential negotiating room, including the Colorado Basin Roundtable, worried from the side- lines , they were assured that their concerns were being represented . Those of the "not one more drop " camp may, however, be disappointed by the outcome, says Jim Pokrandt , who chairs the Colorado Basin Roundtable and works as the Colorado River District 's communication and edu- cation specialist. But failing to negotiate a settlement could have cost the West Slope much more than agreeing to support Denver's plan to take more water from the headwaters of the Colorado River and to expand its service area one last time . Little believes the long-term relationship that has been fostered through more peaceful negotiations--as well as the environmental improvements that are part of the deal- would have lost out if litigation ensued . At the end of the April press confer- ence, Grand County Commissioner James Newberry said, "We talked about trying to get peace in our time . This is a great step toward that." D HEADWATERS I SUMMER 2011 1 7