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TC Council Packet 02-24-2015 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 24, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET Page 1 PRESIDING OFFICERS MAYOR JENNIE FANCHER MAYOR PRO TEM JAKE WOLF COUNCILORS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) REGULAR MEETING BEGINS AT 5:05 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA 4. CELEBRATION OF 2015 ALPINE WORLD SKI CHAMPIONSHIPS AND APRÈS AVON (MAYOR JENNIE FANCHER) 5. CONSENT AGENDA 5.1. APPROVAL OF 2015 INTERGOVERNMENTAL AGREEMENT FOR GEOGRAPHICAL INFORMATION SERVICES WITH EAGLE COUNTY (PLANNING MANAGER MATT PIELSTICKER) 5.2. APPROVAL OF AVON TOWN COUNCIL POLICY REGARDING REMOTE TELEPHONE/VIDEO MEETING ATTENDANCE (TOWN ATTORNEY ERIC HEIL) 5.3. APPROVAL OF MINUTES FROM JANUARY 27, 2015 MEETING (TOWN CLERK DEBBIE HOPPE) 5.4. APPROVAL OF MINUTES FROM JANUARY 29, 2015 RETREAT (TOWN CLERK DEBBIE HOPPE) 6. WORK SESSION 6.1. COMPREHENSIVE REVIEW OF TOWN OF AVON WATER RIGHTS PORTFOLIO, WATER SYSTEM INFRASTRUCTURE, RELATIONSHIP WITH THE UPPER EAGLE RIVER WATER AUTHORITY, COLORADO STATE WATER PLAN, AND COLORADO RIVER COMPACT – PART 1 (COUNCILOR BUZ REYNOLDS) 7. ACTION ITEMS 7.1. INTERVIEWS AND APPOINTMENT OF TRAILS ADVISORY GROUP (PLANNING MANAGER MATT PIELSTICKER) 7.2. FIRST READING OF ORDINANCE NO. 15-01, SERIES OF 2015, AN ORDINANCE REGARDING RETIREMENT BOARD COMPOSITION AND EMPLOYEE RETIREMENT PLANS (SCOTT WRIGHT, ASST. TOWN MANAGER; ERIC HEIL, TOWN ATTORNEY) 8. WORK SESSION 8.1. REVIEW OF 2015-18 STREETS IMPROVEMENT P ROGRAM – 2015 BOND PROCEEDS (TOWN ENGINEER JUSTIN HILDRETH) 8.2. REVIEW OF AVON ROAD LANDSCAPE IMPROVEMENTS (TOWN ENGINEER JUSTIN HILDRETH) 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 10. MAYOR & COUNCIL COMMENTS 11. WRITTEN REPORTS 11.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT) 11.2. GIFT REPORTING – WINTERWONDERGRASS (EXECUTIVE A SSISTANT TO THE TOWN MANAGER PRESTON NEILL) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 24, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET Page 2 12. EXECUTIVE SESSION, IF CALLED (THIS MEETING IS NOT OPEN TO THE PUBLIC) 13. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 24, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS CHAIRMAN JENNIE FANCHER VICE CHAIRMAN JAKE WOLF BOARD MEMBERS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT - COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA 4. RENEWAL OF LIQUOR LICENSES 4.1. APPLICANT: FIESTA JALISCO NUMBERO TRES, LLC D/B/A FIESTA JALISCO LOCATION: 240 CHAPEL PLACE, B129 TYPE: HOTEL AND RESTAURANT MANAGER: RICARDO ARAGON 5. MINUTES FROM JANUARY 27, 2015 6. ADJOURNMENT Page 2 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 27, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER AND ROLL CALL Chairman Fancher called the meeting to order at 5:03 p.m. A roll call was taken and Board members present were Sarah Smith Hymes, Scott Prince, Jake Wolf, Matt Gennett, Buz Reynolds and Megan Burch. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Director of Economic Initiatives Susan Fairweather, Planning Manager Matt Pielsticker, Executive Assistant Preston Neill and Town Clerk Debbie Hoppe, as well as members from the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT No public comments made. 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE SCHOOL EVENT NAME: WINTERWONDERGRASS MUSIC AND BREW FESTIVAL (3ND ANNUAL) EVENT ADDRESS: HARRY A. NOTTINGHAM PARK, ONE LAKE STREET EVENT MANAGER: MICHAEL WELLE EVENT DATES / TIMES: FEBRUARY 20, 2015, 2:00 P.M. UNTIL 10:30 P.M. FEBRUARY 21, 2015, 2:00 P.M. UNTIL 10:30 P.M. FEBRUARY 22, 2015, 2:00 P.M. UNTIL 10:00 P.M. The application was presented by Michael Welle. Chairman Fancher opened the Public Hearing no comments were made. Board member Wolf moved to approve the Walking Mountains Science Center Special Events Permit; and Board member Gennett seconded the motion and it passed unanimously with those present. 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: SVO COLORADO MANAGEMENT INC. D/B/A SHERATON MOUNTAIN VISTA LOCATION: 160 BEAVER CREEK WEST TYPE: HOTEL AND RESTAURANT MANAGER: DAVID WEISS The application was presented with no concerns for the renewal application. Board member Gennett moved to approve the Hotel and Resturant Liquor License for SVO Colorado Management Inc. d/b/a Sheraton Mountian Vista; and Board member Smith Hymes seconded the motion and it passed unanimously with those present. 5.2. APPLICANT: BOB’S PLACE, LLC D/B/A BOB’S PLACE LOCATION: 100 W. BEAVER CREEK BLVD. TYPE: HOTEL AND RESTAURANT MANAGER: BOB DOYLE The application was presented with no concerns for the renewal application. Board member Burch moved 2. FINAL - LA 01-27-2015 Minutes Page 1 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 27, 2015 AVON TOWN HALL, ONE LAKE STREET to approve the Hotel and Resturant Liquor License for Bob’s Place, LLC d/b/a Bob’s Place; and Board member Smith Hymes seconded the motion and it passed unanimously with those present. 5.3. APPLICANT: 7-ELEVEN, INC. D/B/A 7-ELEVEN STORE 34209 LOCATION: 008 NOTTINGHAM ROAD TYPE: 3.2% BEER OFF PREMISES MANAGER: MARIA PORTARESCU The application was presented, Chairman Fancher noted that 7-Eleven did have one violation. Board member Wolf moved to approve the 3.2% Beer Off Premises Liquor License for 7-Eleven, Inc. d/b/a 7-Eleven Store 34209; and Board member Burch seconded the motion and it passed unanimously with those present. 6. MINUTES FROM JANUARY 13, 2015 Board member Reynolds moved to approve the Minutes from January 13, 2015; Board member Gennett seconded the motion and it passed unanimously with those present. 7. Adjournment There being no further business to come before the Board, the meeting adjourned at 5:16 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ______________________________________ Jake Wolf ______________________________________ Matt Gennett ______________________________________ Megan Burch ______________________________________ Albert “Buz” Reynolds ______________________________________ Scott Prince ______________________________________ Sarah Smith Hymes ______________________________________ 2. FINAL - LA 01-27-2015 Minutes Page 2 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Matt Pielsticker, Planning Manager Date: February 24, 2015 Meeting Re: Intergovernmental Agreement with Eagle County for GIS Services Summary For action is an Intergovernmental Agreement (IGA) for Geographic Information Systems (GIS) services to be performed by Eagle County GIS employees. The 2014 IGA expired on December 31, 2014; the intent with the new agreement is to continue services without the need for respective boards to approve the agreement each year. Attached to this Memorandum is the . Recommendation Staff recommends approval of the 2015 Intergovernmental Agreement for GIS Services between the Town of Avon and the County of Eagle, Colorado. Approval of the Agreement requires the concurring vote of four (4) Council members because the IGA is less than 10 years, per Avon Charter 5.5(b). Attachments 2015 IGA for GIS Services 2015 INTERGOVERNMENTAL AGREEMENT FOR GEOGRAPHIC INFORMATION SERVICES (GIS) BETWEEN THE TOWN OF AVON AND THE COUNTY OF EAGLE, COLORADO This Intergovernmental Agreement (“Agreement”) by and between EAGLE COUNTY, a body politic and corporate of the State of Colorado (“County”) and the TOWN OFAVON, a Colorado municipal corporation (“Town”) (collectively the “Parties”) is made to be effective on January 1, 2015. WHEREAS, §29-20-101 et seq., C.R.S enables the Parties to enter into Intergovernmental Agreements and authorizes each of the Parties to perform the functions described herein, as provided in §29-20-105 CRS; and WHEREAS, The Town has identified that continued Geographic Information Systems (GIS) and services are important and necessary tools in public administration; and WHEREAS, the Avon Town Council has determined that it is in the best interest of the Town and its inhabitants to contract with Eagle County to provide GIS Services specified under the terms of this Agreement; and WHEREAS, Eagle County has determined that the County GIS Department has the resources to provide GIS services (“GIS Services”) to the Town of Avon in exchange for compensation to be provided by the Town of Avon under this Agreement, and upon the further terms and conditions contained herein; and WHEREAS, the Parties desire to enter into this Intergovernmental Agreement to provide GIS S ervices for the Town and to define the manner in which each of the Parties will participate in the provision of such services. NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the Parties agree to the following: A. SCOPE OF WORK. County shall make reasonably available to the Avon Community Development Department, personnel with the qualifications and certifications necessary to perform GIS Services requested by the Town (“County GIS Staff”). The County will make best efforts to cause said personnel to be available on those dates and at those times as are mutually agreed upon between the Town of Avon Community Development Staff and County GIS Staff. The GIS Services are described as follows: 1. GIS Data Maintenance: The County GIS Staff will support the Town by creating and maintaining Town GIS data. Maintenance services will be provided as follows: a) County GIS Staff will process field data collected by Town Staff with mobile GPS equipment. The County uses Trimble GPS units, Trimble TerraSync, and Avon-Eagle County IGA re GIS Services January 1, 2015 Page 1 of 5 Trimble Pathfinder Office. All GPS data from Town must be delivered in a format usable within the parameters of County GIS Staff’s existing software. b) County GIS Staff will maintain GIS related data layers including but not limited to parcel boundaries, streets, zoning, building footprints, and addresses. c) County GIS Staff will diagnose data and database technical problems develop solutions and safeguard the integrity of the Town GIS data layers and database. This diagnosis is limited to the Town data and database and does not include diagnosis of the Town GIS software and programs that run internally within their network. d) There is a minimum guarantee that the County GIS Staff will provide at least 0-2 hours of work per week for regular GIS data maintenance duties. The 0-2 hours of work for data maintenance includes processing the Town GPS data, maintaining the Town GIS related data layers, and safeguarding the integrity of the Town GIS data (not Special Projects), all of which are outlined in items a), b), and c) within this section. 2. Special Projects. The County GIS Staff may provide approximately 5-20 hours of work per week for complex spatial analysis work and for project maps to support Town staff with special projects (“Special Projects”). To allow County GIS Staff adequate time to prepare, the Town will provide not less than three (3) weeks’ notice for any/all Special Projects via email. 3. Data Updates. The County GIS Staff will provide the Town with updated Data not less than every three (3) months, to keep the Town’s online GIS Viewer information up to date. The Data will be sent by the County on CD via USPS and the Town will be responsible for loading the data onto their local network. 4. GIS Disclaimer. All maps created at the County will include the following disclaimer: “This map was created by the Eagle County GIS Department. Use of this map should be for general purpose only. Eagle County does not warrant the accuracy of the data contained herein.” B. TOWN RESPONSIBILITIES 1. Map Reproduction. The Town will reproduce all maps with Town equipment. The County GIS Staff will deliver all maps to the Town in a digital file format. 2. Data Sharing. The Town will share all GIS data available as of the date of this agreement with the County, and the County will safeguard the integrity of the GIS data layers and database. Upon termination of this Agreement, the County will promptly (not more than 30 days) deliver all data and projects created during the life of this Agreement to the Town. Avon-Eagle County IGA re GIS Services January 1, 2015 Page 2 of 5 C. AUTHORIZED REPRESENTATIVES. The County designates Amy Szczesny, GIS Department Manager as its Representative for the Agreement. The County’s Representative is its liaison officer to the Town for all purposes in carrying out the Agreement. The Town designates Matt Pielsticker as its Representative for the Agreement. The Town’s Representative is its liaison officer to the County for all purposes in carrying out the Agreement. D. MEETINGS. All necessary meetings between the County and the Town will be at the County Building (500 Broadway, Eagle, CO). The County will not be expected to travel to the Town, unless mutually agreed upon between the Town of Avon Community Development Staff and County GIS Staff. E. COMPENSATION. For GIS Services provided hereunder, the Town shall pay the County at the rate of $60 per hour, in addition to any direct costs that may be incurred by Eagle County. County shall provide the Town with quarterly invoices identified the work performed during the current quarter. County shall include any additional supporting documentation that the Town may request. The Town shall make payment to the County within thirty (30) days of receipt of the County invoice. Without further modification or amendment to this Agreement, County may increase or decrease the hourly rate for GIS Services in accordance with County’s published rates by providing the Town sixty (60) days written notice, as further set forth in Paragraph J herein. F. PERSONNEL. Every County officer and employee engaged in performing GIS Services under the terms of this Agreement shall remain an officer or employee of Eagle County while performing the same and the relationship of the County GIS Staff to the Town of Avon under this Agreement is that of an independent contractor. In this capacity, and for the sole purpose of providing the services contracted for hereunder, the County GIS Staff shall be considered to be the agents of the Town of Avon. This Agreement does not change the status of any employee, contractor or officer of the Town or County. G. LIABILITY. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. H. INSURANCE. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. The County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. The Parties further agree, without waiving any governmental immunity protection to which they and their officials and employees are entitled under CRS 24-10-101 et seq., to procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. Avon-Eagle County IGA re GIS Services January 1, 2015 Page 3 of 5 I. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. J. TERM AND TERMINATIONS. This Agreement will be effective as of the effective date stated above and will continue from year to year on the same terms and conditions stated herein. In its sole discretion, without further modification or amendment to this Agreement, County may increase or decrease the hourly rate set forth in Paragraph E by providing the Town sixty (60) days written notice. Any such rate change shall be effective at the expiration of the 60 day notice period. If either party fails to substantially perform the duties and obligations in accordance herewith, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon thirty (30) days written notice to the other party. K. NOTICES AND PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, payments sent by mail should be address as follows: Town of Avon Eagle County Attn: Matt Pielsticker Attn: Amy Sczcesny Address: P.O. Box 975 Address: P.O. Box 850 One Lake Street 500 Broadway Avon, CO 81620 Eagle, CO 81631 Phone: 970-748-4011 Phone: 970-328-3552 Email: mpielsticker@avon.org Email: amy.sczcesny@eaglecounty.us L. MODIFICATION. This Agreement contains the entire agreement between the Parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. M. NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of Town or County. Absolutely no third party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // Avon-Eagle County IGA re GIS Services January 1, 2015 Page 4 of 5 IN WITNESS WHEREOF, Each party, by signature below of its authorized representative, herby acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. EAGLE COUNTY, by and through its Board of County Commissioners By:_____________________ Date:________ Attest:_________________________ Kathy Chandler-Henry, Chair Teak Simonton, Clerk to the Board TOWN OF AVON By: _____________________ Date:_______ Attest:_________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Avon-Eagle County IGA re GIS Services January 1, 2015 Page 5 of 5 Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Remote Attendance Policies DATE: February 17. 2015 Summary: Attached is a draft of Remote Attendance Policies concerning the remote attendance and participation of Council members and non-Council members at a Council meeting. These policies are similar to policies on this topic that have been adopted in other communities. Essentially, it is not disallowed but is subject to approval by a majority of Council members present and is discouraged. Voting by Remote Attendance is not permitted for quasi-judicial public hearings or adoption of an ordinance on final reading. Also, Remote Attendance is not permitted for executive sessions. These policies are presented for your consideration and may be adopted by motion and a simple majority vote of the Council members present at a meeting. This policy may be modified or rescinded at any time by a majority vote of Council. Thank you, Eric M EMORANDUM & PLANNING, LLC Avon Town Council Remote Meeting Attendance Policy Adopted February 24, 2015 AVON TOWN COUNCIL POLICY REGARDING: REMOTE TELEPHONE/VIDEO MEETING ATTENDANCE 1. Purpose. The purpose of this Avon Town Council Policy (“Policy”) is to specify the circumstances under which a member of the Avon Town Council may participate in regular and special meetings and executive sessions by telephone and/or video conferencing (“Remote Attendance”). Although advancements in communication equipment have enhanced the capability of Remote Attendance for board meetings in general, Remote Attendance has inherent challenges that lessens the effectiveness and efficiency of meeting participation compared to physical attendance. Such limitations include but are not limited to difficultly in viewing documentary information presented during meetings, evaluating a speaker’s non-verbal language in assessing veracity or credibility, observing non-verbal explanations (e.g., pointing at graphs and charts) during a speaker’s presentation or testimony, and participating efficiently in the procedural flow of a meeting. In addition, Remote Attendance of executive sessions prevents the Town from ensuring compliance with state law. 2. Statement of Policy. A member of the Town Council may participate in a Council meeting by Remote Attendance only in accordance with this Policy. Remote Attendance shall be made available and shall be limited as follows: A. A Town Council member may participate by Remote Attendance only when such member’s absence would otherwise constitute an excused absence. An excused absence shall include but not be limited to the inability to physically attend due to unavoidable travel schedule conflicts which are communicated to the Town Manager in advance of a meeting and unanticipated emergencies or accidents which render physical attendance not possible. B. Town Council must approve by a majority vote of the Council members physically present to allow a Council member to participate by Remote Attendance. C. The communication equipment and connections must be sufficient to allow clear, uninterrupted two way communication between the Remote Attendee and all participants physically present at a Council meeting. D. Multiple Council members may participate by Remote Attendance if the communication equipment is sufficient to allow clear, uninterrupted two way communication. E. A Remote Attendee shall neither participate nor vote on any matter that is subject to a quasi-judicial public hearing or the adoption of an ordinance on final reading. A Remote Attendee may maintain the connection and passively listen and/or watch the public hearing proceedings. F. A Remote Attendee may not attend an executive session. G. The Town Council may discontinue Remote Attendance at a meeting when a majority of the Council members physically present find that communication equipment or connection is inadequate and results in noise, poor sound quality, delay or lost connections. Avon Town Council Remote Meeting Attendance Policy Adopted February 24, 2015 3. Effect of Remote Attendance. Remote Attendance shall constitute physical attendance for purposes of establishing a quorum. Meeting minutes shall acknowledge any Remote Attendance. Motions, votes and other actions of a remote attendee shall be the same as if Council member physically attended the meeting except that the restriction on participation in quasi-judicial public hearings and attendance in executive sessions set forth in Paragraph 2. State of Policy shall apply. 4. Applicability. This Policy shall apply to all meetings of the Avon Town Council. 5. Remote Attendance by Non-Council Members. Non-Council members may participate by Remote Attendance when the majority of the Council members determine that Remote Attendance is necessary for the consideration of business presented to the Town, such Remote Attendance would not violate the policies set forth in Section 2. above, the public interest would be harmed, threatened or diminished by continuation of the business item, and good cause exists for the inability of the non- Council member Remote Attendee to physically attend. 6. Reasonable Accommodation. The Town shall provide reasonable accommodation and shall waive or modify this Policy to provide handicapped Town Council members full and equal access to Council meetings. ADOPTED AS AN AVON TOWN COUNCIL MEETING PROCEDURE POLICY in accordance with the Avon Town Council Simplified Rules of Order on February 24, 2015 BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, JANUARY 27, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:17 p.m. A roll call was taken and Council members present were Megan Burch, Buz Reynolds, Matt Gennett, Jake Wolf, Scott Prince, and Sarah Smith Hymes. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT 4. ACTION ITEMS 4.1. ACTION ON THE PURCHASE AND SALE AGREEMENT WITH POINTS OF COLORADO FOR LOT 4, MOUNTAIN VISTA RESORT SUBDIVISION AKA THE SKIER BUILDING (MAYOR JENNIE FANCHER) Mayor Fancher moved to terminate the purchase and sale agreement with Points of Colorado for Lot 4, Mountain Vista Resort Subdivision aka The Skier Building; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. Comments were made by Michael Cacioppo, Kathy Ryan (spoke twice), Margaret Frederickson, Chuck Glendenning, Laurie Adler, Mark Kogan, Joe Walker, Betty Todd, Peter Buckley, and Angelo Loria. 4.2. ACTION ON REQUEST FOR CALENDAR DATES AND FUNDING FOR THE FLAVORS OF COLORADO FESTIVAL ON JULY 24TH-26TH IN NOTTINGHAM PARK AND ON THE PERFORMANCE PAVILION (DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) Peter Buckley, Phil Struve and Michael Cacioppo commented. Mayor Fancher moved to approve the event dates of July 24th -26th, 2015, that $128,122 in production support to be appropriated from the General Fund Special Event Reserve and appropriated to the Special Events budget, leaving a remaining balance of $171,878; with the caveat that the producers try to find sponsors to reduce that cost for the Town, and approve the Town Manager to sign an agreement for production; Councilor Gennett seconded the motion and it passed 6 to 1 vote. Councilor Prince voted no. 4.3. ACTION ON REQUEST FOR CALENDAR DATES AND FUNDING FOR A LATIN JAM FESTIVAL ON SEPTEMBER 18TH AND 19TH AT THE PERFORMANCE PAVILION (DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) Councilor Burch moved to approve the event dates of September 18th and 19th, 2015, in-kind up to $10,000, ticket sales not to exceed 3,000 per day, $50,000 in production support to be appropriated from the General Fund Special Event Reserve, leaving a remaining balance of $121,878, and approve the Town Manager to sign an agreement for production; Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Reynolds left the meeting at 8:40 p.m. FINAL - Avon Council Meeting 1-27-2015 Minutes Page 1 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, JANUARY 27, 2015 AVON TOWN HALL, ONE LAKE STREET 4.4. RESOLUTION NO. 15-01, SERIES OF 2015, PRATER LANE DAYCARE LICENSE AGREEMENT (TOWN ENGINEER JUSTIN HILDRETH) Councilor Prince moved to approve Resolution No. 15-01, Series of 2015, Prater Lane Daycare License Agreement; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. Councilor Reynolds was absent. 4.5. PUBLIC HEARING RESOLUTION NO. 15-03, SERIES OF 2015, A RESOLUTION AMENDING THE WILDRIDGE PUD FOR LOT 10, BLOCK 3, WILDRIDGE SUBDIVISION (TOWN PLANNER BRIAN GARNER) Greta Blamire commented. Councilor Prince moved to approve Resolution No. 15-03, Series of 2015, a resolution amending the Wildridge PUD for Lot 10, Block 3, Wildridge Subdivision; Mayor Pro Tem Wolf seconded the motion and it passed 5 to 1. Councilor Gennett voted no. Councilor Reynolds was absent. 4.6. PUBLIC HEARING AMPLIFIED SOUND PERMIT APPLICATION FOR WINTERWONDERGRASS (TOWN CLERK DEBBIE HOPPE) Mayor Fancher opened the Public Hearing, no comments were made. Mayor Pro Tem Wolf moved to approve the amplified sound permit application for WinterWonderGrass; Councilor Burch seconded the motion and it passed unanimously by those present. Councilor Reynolds was absent. 4.7. MINUTES FROM JANUARY 13, 2015 MEETING (TOWN CLERK DEBBIE HOPPE) Mayor Pro Tem Wolf moved to approve the Minutes from January 13, 2015; Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Reynolds was absent. 5. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 5.1. COLORADO ASSOCIATION OF SKI TOWNS (MAYOR JENNIE FANCHER) 5.2. VAIL VALLEY PARTNERSHIP ECONOMIC DEVELOPMENT ADVISORY COUNCIL (MAYOR JENNIE FANCHER) 6. MAYOR & COUNCIL COMMENTS 7. WRITTEN REPORTS 7.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT) 7.2. GIFT REPORTING – 2015 AWSC SILVER-LEVEL VIP PASSES AND BEAVER CREEK PARKING MEDALLIONS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 7.3. WILDRIDGE SHUTTLE REQUEST (TRANSIT SUPERINTENDENT JANE BURDEN) 8. EXECUTIVE SESSION (THIS SESSION IS NOT OPEN TO THE PUBLIC) 8.1 MEET PURSUANT TO COLORADO REVISED STATUTE §24-6-402(4) (F) F OR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATED TO THE ANNUAL PERFORMANCE GOALS OF THE TOWN MANAGER Councilor Smith Hymes moved to meet in Executive Session pursuant to Colorado Revised Statute §24- 6-402(4) (f) for the Purpose of Discussing Personnel Matters Related to the Annual Performance Goals of the Town Manager; Mayor Fancher seconded the motion and it passed unanimously by those FINAL - Avon Council Meeting 1-27-2015 Minutes Page 2 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, JANUARY 27, 2015 AVON TOWN HALL, ONE LAKE STREET present. Councilor Reynolds was absent. The time was 9:39 p.m. Mayor Fancher made a motion to end the Executive Session; Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Reynolds was absent. The time was 10:35 p.m. Mayor Fancher made a motion to approve the Memorandum of Understanding for the Town Manager’s Goals and Performance Evaluation Criteria and Process with date changes to reflect changing the annual review to June 1st of each year, with any change to compensation effective on the Manager’s anniversary date of December 1st; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. 9. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 10:37 p.m. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ FINAL - Avon Council Meeting 1-27-2015 Minutes Page 3 TOWN OF AVON, COLORADO TOWN COUNCIL RETREAT MEETING MINUTES FOR THURSDAY, JANUARY 29, 2015 REGIONAL TRANSPORTATION OPERATIONS FACILITY, 500 SWIFT GULCH ROAD 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 11:05 a.m. A roll call was taken and Council members present were Megan Burch, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Buz Reynolds was not present. Also present were Town Manager Virginia Egger and Town Attorney Eric Heil. Mayor Fancher moved to go into Executive Session Pursuant to Colorado Revised Statute §24-6-402(4) (F) for the Purpose of Discussing Personnel Matters Related to the Town Manager; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. Councilor Reynolds was absent. Councilor Reynolds joined the meeting at 11:15 a.m. Mayor Fancher moved to end Executive Session; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. The time was 12:25 p.m. 2. WORK SESSION 2.1. BUILDING AND MAINTAINING EFFECTIVE WORKING RELATIONSHIPS DISCUSSION 2.2. AVON’S A DOPTED PLANS – IS THE CURRENT COUNCIL BOUND BY ADOPTED PLANS OF THE PREVIOUS COUNCILS 2.3. TOWN OF AVON 2015-16 STRATEGIC PLAN • PRIORITIZATION OF WORK • DELETION AND/OR ELIMINATION OF STRATEGIES • WHAT DOES THE COUNCIL WISH TO ACCOMPLISH THE NEXT TWO YEARS Councilor Reynolds left the work session at 12:40 p.m. 3. ADJOURNMENT There being no further business to come before the Council, the retreat adjourned at 4:30 p.m. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ Avon Retreat Minutes 1/29/15 Page 1 00099303-4 MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. M E M O R A N D U M TO: Avon Town Council cc: Virginia Egger, Town Manager Eric Heil, Esq. Town Attorney FROM: James R. Montgomery, Esq. Richard J. Mehren, Esq. Anne D. Bensard, Esq. DATE: February 19, 2015 RE: Overview of Water Rights Briefing Presentation We have prepared a Water Briefing to present to the Avon Town Council (“Council”) at its regular meeting on February 24, 2015. The briefing is intended to provide Council with a broad overview of water matters affecting the Town of Avon. The purpose of this presentation is to provide both new and returning Council members with relevant background information and the framework necessary to understand current and future water rights issues as they relate to the Town. Our discussion will address the following topics: (1) Avon’s water rights portfolio, with specific focus on Avon’s potable and raw water supplies that are derived from various direct flow and storage water rights and historical consumptive use credits from changed senior water rights; (2) Avon’s water system infrastructure and responsibility for operation of such infrastructure; (3) Avon’s relationship with the Upper Eagle Regional Water Authority (“Authority”), including a discussion of the various agreements between Avon and the Authority under which the Authority has committed to provide water service to a fixed number of single family residential equivalent units (“SFEs”); and (4) Various regional water issues, such as the Colorado State Water Plan, the Colorado River Compact, and the water rights associated with the Shoshone Generating Station. The Water Briefing Workbook included in the Council meeting packet contains a written discussion of these matters as well as additional materials for future reference. The February 00099303-4 24th presentation is intended to be an open discussion and provide Council with the opportunity to ask questions of Avon’s water counsel. Please note that only a brief overview of the proposed Amended and Restated Agreement Establishing the Upper Eagle Regional Water Authority (“Authority Agreement”) will be presented on February 24th. The Authority Agreement will be addressed in more detail at the March 10, 2015 Council meeting. We understand that Council will go into executive session at that meeting to receive advice from counsel on the proposed amendment and restatement of the Authority Agreement. At that meeting, Council will learn more about the specific provisions of the Authority Agreement and its implications in an effort to educate Council before Council considers whether to approve the Authority Agreement at its March 24, 2015 meeting. 00099155-1 Water Briefing Workbook – Town of Avon Table of Contents Executive Summary of Materials Contained in Water Briefing Workbook. Tab 1: Water Rights Portfolio a. Discussion of Avon’s Water Rights Portfolio, prepared by Moses, Wittemyer, Harrison and Woodruff, PC (February 16, 2015). i. Appendix A: Town of Avon: Analysis of Water Rights, Future Water Use, and Related Water Rights Issues, prepared by Porzak, Browning & Bushong, LLP and Helton & Williamsen, PC for the Upper Eagle Regional Water Authority (August 2014). ii. Appendix B: A Primer on Colorado Water Law, prepared by Moses, Wittemyer, Harrison and Woodruff, PC. (February 10, 2015). Tab 2: Infrastructure a. Memorandum regarding Water System Infrastructure, from Justin Hildreth, Town Engineer (February 19, 2015). Tab 3: The Upper Eagle Regional Water Authority a. Discussion of Avon’s Relationship with the Upper Eagle Regional Water Authority, prepared by Moses, Wittemyer, Harrison and Woodruff, PC (February 16, 2015). i. Appendix A: Map of Upper Eagle Regional Water Authority Service Area. ii. Appendix B: Master Chart of HCU Water Rights. iii. Appendix C: Table of Water Rights of the Upper Eagle Regional Water Authority. iv. Appendix D: Regional Map of Upper Eagle Regional Water Authority Water Sources. Tab 4: State and Regional Water Issues a. Colorado State Water Plan i. Colorado’s Water Plan: Overview and Timeline, prepared by Colorado Water Conservation Board (September 2014). 00099155-1 ii. Excerpt of Colorado Basin Implementation Plan: Eagle River Region, prepared by Colorado River Basin Roundtable (July 31, 2014). iii. Letter regarding Comments on the Draft Colorado Water Plan, to the Colorado Water Conservation Board from the Eagle River Water & Sanitation District and Upper Eagle Regional Water Authority (December 18, 2014). b. Shoshone Generating Station Purchase i. Article: Xcel: Shoshone hydro plant not for sale, by Brent Gardner-Smith, Aspen Journalism (March 26, 2014). ii. Attorney Report regarding effort to acquire Shoshone Power Plant water right, prepared by Peter Fleming, General Counsel of Colorado River Water Conservation District (September 18, 2014). c. Colorado River Compact i. Memorandum regarding Colorado River Compact, prepared by Moses, Wittemyer, Harrison and Woodruff, PC (February 16, 2015). ii. Memorandum regarding Colorado River Compact Call, prepared by Porzak, Browning & Bushong, LLP (June 16, 2014). iii. Discussion of Colorado River Compact “Water Bank” Proposal, prepared by Moses, Wittemyer, Harrison and Woodruff, PC (February 16, 2015). iv. Memorandum regarding Contingency Planning in the Colorado River Basin, prepared by John McClow and James Eklund (February 4, 2014). 00099207-1 Executive Summary of Materials Contained in the Water Briefing Workbook Prepared by Jay Montgomery, Richard Mehren and Anne Bensard for Avon Town Council Water Briefing February 24, 2015 Section 1: Water Rights Portfolio of the Town of Avon Section 1 of the Town of Avon’s (“Avon”) Water Briefing Workbook discusses Avon’s water rights portfolio, specifically its potable and non-potable (raw water) water supply. It provides background on the development of Avon and its water supply system by Benchmark at Beaver Creek and the Avon Metropolitan District. It then addresses the Village (at Avon) development by EMD, LLC and Traer Creek Metropolitan District. As a result of these developments, Avon owns a variety of water rights that are used to satisfy its potable and non- potable (raw water) needs throughout its service area. The core of Avon’s water rights consists of 325 acre feet per year of historical consumptive use credit under relatively high priority irrigation water rights that were changed to municipal use in plans for augmentation that replace out-of-priority depletions associated with Avon’s potable water system. Avon has leased those water rights to the Upper Eagle Regional Water Authority (“Authority”) in exchange for potable water service. Additionally Avon has rights through agreements with the Authority to 184.6 acre feet of water storage (123 acre feet in Eagle Park Reservoir and 61.6 acre feet in Green Mountain Reservoir, not to exceed a combined use of 123 acre feet in one year) and smaller portions of “system-wide” water rights owned by the Authority. The combination of the rights allocated to Avon’s use has been deemed sufficient by the Authority to serve up to 5,276.75 Single Family Equivalent residential units (“SFEs”). Avon acquired other water rights from the Traer Creek Metropolitan District, which Avon has conveyed to the Authority in exchange for a commitment to supply potable water to the Village (at Avon) development in an amount of up to 106.3 acre feet per year. Avon has retained certain water rights for non-potable irrigation of its parks and public spaces, including water rights acquired from Traer Creek Metropolitan District to be used for raw water irrigation of some public areas in the Village development. Finally, Avon owns a recreational in-channel diversion water right, which is used to provide flows for boating and kayaking at the Avon Whitewater Course. Section 2: Water System Infrastructure Section 2 of the Water Briefing Workbook contains a brief description of Avon’s water supply infrastructure prepared by Town Engineer Justin Hildreth. Section 3: Relationship of the Town of Avon to the Upper Eagle Regional Water Authority Section 3 of the Water Briefing Workbook addresses the Upper Eagle Regional Water Authority (“Authority”) and a network of agreements among the Authority, Avon and other Authority members. The Authority is an entity created by an intergovernmental agreement among the six members of the Authority: Avon, Beaver Creek Metropolitan District, Eagle Vail 00099207-1 Metropolitan District, Berry Creek Metropolitan District, Arrowhead Metropolitan District, and Edwards Metropolitan District. In essence, Avon has delegated certain of its powers as a home rule municipality to the Authority and contracted with the Authority to operate the municipal water supply system that serves Avon. Under the agreements that are described in this section of the Water Briefing Workbook, the Authority has leased water rights from Avon and has allocated certain amounts of Authority-owned water rights to be used for supplying potable water to Avon’s water users. In turn, the Authority has committed to provide potable water service to residential and commercial development within Avon’s service area in an amount equivalent to the water requirements of 5,276.75 single family residential units (“SFEs”). That commitment is sufficient to cover the municipal water tap requirements of development within Avon at full build-out under existing zoning. At such build-out, a small “cushion” of about 100 SFEs may be available for assignment by Avon to additional development that benefits the community such as affordable housing. The Authority has appropriated, or otherwise acquired, a significant portfolio of water rights (mostly in-basin water storage rights), in addition to the water that has been “allocated” by the Authority to individual member entities to supply development that is considered to be already approved under current zoning. Under the Authority’s current policy, that “unallocated” portion of the Authority’s system-wide water rights is available for allocation to a member to supply new development or re-development or to meet a shortage in the member’s individual water rights on a first come, first served basis. Additionally, Avon and the Authority are parties to a settlement agreement involving the Village (at Avon) development. Under that settlement, Avon acquired water rights and assumed the responsibility to operate a raw water irrigation system serving certain public areas within the Village development. The Authority acquired certain other water rights and assumed the responsibility to provide potable water to the Village development in an amount not to exceed 106.3 acre feet of consumptive water use annually, which is deemed sufficient to serve between 1,155 and 1,246 SFEs. Section 4.a.: Colorado State Water Plan As a result of on-going concerns with the growing gap between water demand and water supply, Governor Hickenlooper issued an executive order in 2013 requiring the creation of the Colorado State Water Plan (“Plan”). The Plan seeks to provide a framework to balance water resource management strategies and address the challenges of a growing water supply gap, increased agricultural dry-up, environmental concerns, variable climatic conditions, inefficient regulatory processes, and increased funding needs for water-related projects. The stated goals of the Plan are to defend Colorado’s compact entitlements, improve the regulatory processes, and explore financial incentives while honoring Colorado’s water values and ensuring protection of water resources. Specifically, the Plan establishes “action steps” to help Colorado respond to future challenges, discusses the role of transmountain diversions in providing water supply to the Front Range, and the need for increased funding opportunities, more efficient and effective permitting, and 00099207-1 enhanced education for citizens. The Plan concludes with a discussion of how it will be updated in the future. A draft of the Plan was published in December 2014, and it will be finalized in December 2015. Interested parties may provide comments on the Plan until May 1, 2015. In fact, the Authority has submitted comments opposing future transmountain diversions and raising concerns about Colorado River Compact curtailment. A brief description of the Water Plan process, an excerpt from the draft “implementation plan” as it relates to the Eagle River basin, and a copy of the Authority’s comment letter are reproduced in Section 4.a. Section 4.b: Shoshone Generating Station Purchase The Shoshone Generating Station on the Colorado River in Glenwood Canyon operates by diverting water for non-consumptive hydropower generation under a relatively senior water right dating to the early 1900s. Xcel Energy, the owner of that water right typically places a “call” for water in the amount of 1,250 cubic feet per second (“cfs”), which limits the amount of water that can be diverted from the Upper Colorado River basin, including diversions out-of- basin to the Eastern Slope. Such operation has been viewed as a substantial benefit to the Western Slope of Colorado by maintaining stream flows in the Colorado River down to the intake and below the return of the power plant. Interest has been expressed from time to time by Western Slope water users in exploring alternatives to assure the continued operation of the power plant and exercise of the water rights to the benefit of the Western Slope. One such alternative would be the acquisition of the power plant and associated water rights by a coalition of Western Slope interests. Section 4.b of the Workbook contains: (1) a news article from last year reporting that Xcel Energy has no plan to sell or otherwise to dispose of the plant or its associated water rights and (2) a report presented to the Colorado River Water Conservation District in September 2014 by that District’s general counsel discussing a possible effort by the District and other Western Slope entities to explore possible acquisition of the Shoshone Generating Station and water rights. Section 4.c: Colorado River Compact The Colorado River Compact (“Compact”) is an interstate agreement that was executed in 1922 to establish an interstate apportionment of the water of the Colorado River between the upper basin states of Colorado, Wyoming, Utah and New Mexico on the one hand and the lower basin states of Arizona, Nevada and California on the other hand. The Compact requires the Upper Basin States as a group to deliver 7.5 million acre feet of flow in the Colorado River at Lee Ferry in Northern Arizona as a ten-year moving aggregate. A combination of growth in water demand in the Lower Basin States, extremely low stored water levels in Lake Powell just upstream of Lee Ferry, and unprecedented, sustained drought conditions in the Colorado River basin has prompted serious concern that the Upper Basin States could be subject to a “call” by the Lower Basin to curtail water use in order to meet the Compact-required deliveries. Section 4.c contains materials that discuss the current state of discussions around the Colorado River 00099207-1 Compact and planning efforts that are underway to address the possibility of such a “Compact call.” The majority of Avon’s water rights have priorities that pre-date the Compact, which would insulate Avon somewhat from the negative impacts of a call if Avon were operating its own system with only its own water rights. Nevertheless, because Avon’s water operations are tied in with the Authority and its other members, Avon continues to follow and support the Authority’s involvement in statewide and regional efforts to address Compact issues. 00099147-1 Water Rights Portfolio of the Town of Avon Prepared by Jay Montgomery, Richard Mehren and Anne Bensard for Avon Town Council Water Briefing February 24, 2015 Prior to its incorporation as a town in 1978, the area comprising the Town of Avon (“Avon”) was primarily ranchland owned by the Nottingham family. Around this time, one branch of the family conveyed what is now central and western Avon, including Nottingham Park, to a developer, Benchmark at Beaver Creek. The Avon Metropolitan District was created to provide municipal water service to the new town. The Avon Metropolitan District was the originally signatory to the Agreement Establishing the Upper Eagle Regional Water Authority (“Authority”), which is discussed in more detail in Section 3 (Relationship of the Town of Avon to the Upper Eagle Regional Water Authority) of Avon’s Water Briefing Workbook. In the 1970s and early 1980s, Benchmark at Beaver Creek and the Avon Metropolitan District filed applications in Case No. W-3664 and Case No. 84CW225 for adjudication of new water rights, changes of senior irrigation water rights, and approval of a plan for augmentation to supply water within the Avon Metropolitan District’s municipal water system. These two decrees and the water rights adjudicated therein serve as the backbone of Avon’s current potable water supply system. In 1989, Benchmark at Beaver Creek conveyed its entire interest in the water rights that were the subject of these and other decrees to the Avon Metropolitan District. In 1996, the Avon Metropolitan District in turn conveyed all of these water rights and its water supply along with its distribution equipment and facilities to Avon. Another branch of the Nottingham family conveyed the land comprising what is now eastern Avon and the northern hillside to EMD, LLC. This developer, along with another developer, Catellus, later formed Traer Creek, LLC, and various associated companies, to develop this property, now known as the Village (at Avon). Water service was to be provided by the Traer Creek Metropolitan District. The Traer Creek entities and Avon became involved in litigation over this development, which was finally settled in 2014. As a requirement of the settlement, Traer Creek Metropolitan District conveyed all of its potable and non-potable (raw water) water rights to Avon. Water service to the Village (at Avon) is addressed and accounted for separately from water service to other areas within Avon, as discussed in more detail in Section 3 of Avon’s Water Briefing Workbook. As a result of these conveyances as well as additional water right appropriations and agreements, Avon now owns a portfolio of water rights that are used to supply its potable and raw water needs throughout its service area. This portfolio consists of senior irrigation ditch rights, storage rights and junior direct flow water rights that are decreed for municipal purposes, and plans for augmentation to replace out-of-priority depletions associated with its municipal water system. Avon has leased most of its water rights to the Authority for use as potable water supply, but it has retained some water rights to provide raw water irrigation of parks and other public places within Avon’s boundaries. In addition, Avon owns a recreational in-channel diversion water right for recreational use by boaters at the Avon Whitewater Course on the Eagle River on either side of “Bob the Bridge.” 00099147-1 A separate portfolio of water rights is owned by the Authority and is available for use throughout the Authority’s service area, including Avon. The Authority primarily uses these direct flow water rights, historical consumptive use credits, and storage water rights to replace out-of-priority depletions associated with municipal water use in each member entity’s services area. As of 2014, Avon has been allocated 35.3 acre-feet of historical consumptive use credits from the Authority for this purpose. While most of Avon’s potable water rights are absolute (confirmed as fully developed and placed to beneficial use), a few of the water rights leased to the Authority remain conditional (meaning the water right has not yet been fully developed and placed to beneficial use). The Authority is responsible for maintaining the leased water rights in full force and effect. For example, the Authority recently obtained findings of reasonable diligence for 3.0 cfs of the H.A. Nottingham & Sons, Inc. Water Treatment & Storage Project, 1.0 cfs of the Avon Metropolitan Municipal Water System, and 5.0 cfs of the Avon Metropolitan Municipal Water System, First Enlargement in Case No. 11CW142. The Authority will need to file an application for finding of reasonable diligence for these water rights by the last day of June, 2020. For those water rights retained by Avon for use in its raw water system, Avon is responsible for filing applications for findings of reasonable diligence. Such applications must be filed for the Village (at Avon) Lake Nos. 1 and 2 by the last day of August, 2016 and Nottingham Reservoir by the last day of January, 2021. Avon’s potable water rights are described in detail in the report in Appendix A entitled, “Town of Avon: Analysis of Water Rights, Future Water Use, and Related Water Rights Issues” (referred to as the “Water Rights Report”). In addition, please note that the reader of this discussion will find a simplified description of the key principals of water law in the document entitled, “A Primer on Colorado Water Law” in Appendix B. 1. Potable Water System. Avon obtains its potable water supplies from the Authority under water rights leased to or directly owned by the Authority. Avon has leased the following water rights to the Authority: Nottingham Domestic Pipeline, H.A. Nottingham and Sons, Inc. Water Treatment and Storage Project, Avon Metropolitan Municipal Water System, and Avon Metropolitan Municipal Water System, First Enlargement. These water rights are all decreed for municipal and domestic uses, and some are decreed for additional related uses, such as lawn watering, fire protection, and sewage treatment. In addition, Avon has leased interests in fifteen priorities in four irrigation ditches (Metcalf Ditch, Nottingham and Puder Ditch, Hurd Ditch, and Johnson and Howard Ditch), as changed in Case Nos. W-3664 and 84CW225, to the Authority. In total, Avon has leased to the Authority 448 acre-feet of historical consumptive use credits associated with the above water rights. In 2012, as a result of the settlement of litigation involving the Village (at Avon) development, Avon acquired from the developer and the Traer Creek Metropolitan District interests in the Nottingham and Puder Ditch, Puder Ditch, Nottingham Ditch, Traer No. 1 Ditch, Traer No. 2 Ditch, Metcalf Ditch Headgate, and Raw Water Booster Pump. These interests have since been conveyed to the Authority in exchange for a commitment by the Authority to supply potable water to the Village (at Avon) development in an amount of no more than 106.3 acre-feet per year of consumptive use. 00099147-1 In addition to these direct flow water rights, Avon owns a water right for Benchmark Lake for storage of up to 168.3486 acre-feet per year of water for municipal, domestic, and other related purposes. Up to 103.52 acre-feet of Avon’s 448 acre-feet of historical consumptive use credits may also be stored in Benchmark Lake. 2. Raw Water System. Avon’s raw water system is comprised of Benchmark Lake, described above, Nottingham Reservoir, and the Village (at Avon) Lake Nos. 1 and 2 (not yet constructed). Nottingham Reservoir is decreed for 22 acre-feet for irrigation, stock watering, domestic, and related-municipal purposes. Of this amount, 20.1 acre-feet was made absolute in Case No. 14CW3022, with 1.9 acre-feet remaining conditional. The Village (at Avon) Lake Nos. 1 and 2 are decreed for a combined total of 27 acre-feet, conditional, for irrigation and domestic, municipal, and related uses. Avon also uses some of its senior irrigation water rights in the Nottingham and Puder Ditch to supply raw water. Of Avon’s 448 acre-feet of historical consumptive use, Avon may use up to 19.58 acre-feet of water per year for non-potable irrigation within Avon. In addition, Avon obtained direct flow water rights for use as raw water supply from the settlement with EMD, LLC, including water rights associated with the Nottingham and Puder Ditch. 3. Plans for Augmentation. Avon and its predecessors, Benchmark at Beaver Creek and the Avon Metropolitan District, have adjudicated a number of augmentation plans to replace out-of-priority depletions associated with Avon’s municipal water supply. Initial augmentation plans for the original area comprising Avon were decreed in Case Nos. W-3664 and 84CW225. Among other things, the decree in W-3664 quantified 448 acre- feet per year of historical consumptive use credits associated with the senior irrigation water rights described in paragraph 1, granted the right to store these credits in Benchmark Lake, and adjudicated a plan for augmentation to use these historical consumptive use credits to replace out-of-priority depletions associated with Avon’s municipal uses during the irrigation season and to allow releases from Benchmark Lake to replace out-of-priority depletions during the non- irrigation season. The decree in Case No. 84CW225 amended the original plan for augmentation to allow for augmentation of additional depletions and consumptive use. Of the initial 448 acre- feet of historical consumptive use credits, 123 acre-feet is committed to filling Eagle Park Reservoir. In return, Avon has the right to the annual release of 123 acre-feet from Eagle Park Reservoir. Additional decrees change, supplement, and enhance Avon’s water supply. The decree in Case No. 92CW291 adjudicated a plan for augmentation for the Authority using Green Mountain Reservoir contract water for replacement of out-of-priority depletions during the non-irrigation season. Avon has been allocated 61.6 acre-feet of this water. Other cases adjudicated by the Authority on behalf of its member entities augment Avon’s out-of-priority depletions during the non-irrigation season with water from Eagle Park Reservoir, Wolford Mountain Reservoir, and/or Homestake Reservoir. The Water Rights Report discusses these specific cases in more detail. In total, under its augmentation plan decrees and various agreements, Avon has 509.6 acre-feet of consumptive use water available to meet its municipal (potable) water supply 00099147-1 requirements, of which 448 acre-feet can be used in one year. This is comprised of: (a) 325 acre- feet of historical consumptive use water right credits associated with changes of its senior irrigation water rights, (b) 61.6 acre-feet of Green Mountain Reservoir water, and (c) 123 acre- feet of Eagle Park Reservoir water. However, use of the Green Mountain Reservoir water and Eagle Park Reservoir water is not additive; Avon’s use of water from these two sources, in any combination, is capped at 123 acre-feet per year. In addition, the Authority has allocated 35.3 acre-feet of historical consumptive use credits from its portfolio to Avon. The combination of the rights allocated to Avon’s use has been deemed sufficient by the Authority to serve up to 5,276.75 Single Family Equivalent residential units (“SFEs”). An in-depth discussion of the Authority's commitment to serve Avon is contained in Section 3 of Avon's Water Briefing Workbook. 4. Recreational In-Channel Diversion. Avon also owns a Recreational In-Channel Diversion (“RICD”) for the Avon Whitewater Course (“Course”). The Course is designed to have three control structures, known as “Bob, Sr.”, “Bob, Jr.”, and “Baby Bob.” The is approximately 348 feet in length from the Baby Bob invert, the upstream control structure, to Bob, Sr., the downstream control structure. The three control structures are designed to divert, capture, control, and concentrate the flow of water in the Course between specific points to create water features that allow for three distinct recreational experiences for different skill levels in and on the water. Baby Bob, the beginner feature, is a pour-over hole. Bob, Jr., the intermediate feature and middle structure in the Course, is a wave hole located 75 feet upstream of the upstream face of the Bridge, while Bob, Sr., the advanced feature, creates a constriction wave 20 feet downstream of the Bridge. There are three different flow levels associated with the RICD, which operate at various times of the year: Level One Flows, for beginner freestyle kayaking Calendar Period Flow (cfs) April 20 - August 7 200 cfs Level Two Flows, for intermediate freestyle kayaking Calendar Period Flow (cfs) May 1 - July 20 350 cfs Level Three Flows, for advanced freestyle and competitive kayaking Calendar Period Flow (cfs) Eight Specified 12-hour 1,400 cfs Days between May 25-July 7 (“High Flow Dates”) In addition to the seasonal and flow rate restrictions above, there are certain limitations on Avon’s ability to place a call for the RICD. For example, Avon may only call for the RICD between the hours of 8:00 am and 8:00 pm and exercise of the RICD is limited during dry year conditions. It is important to note that the RICD may operate at any time there is sufficient 00099147-1 natural flow in the Eagle River. Avon is simply limited in its ability to call for additional water above this naturally occurring amount. An application requesting to make the RICD water right absolute is currently pending in water court. 00023982-5 Revised February 10, 2015 MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. A PRIMER ON COLORADO WATER LAW Historically, two different legal doctrines defining the rights to the use of water in rivers and streams developed in the United States. The choice between the two has been dictated in large part by climate and the needs of the local populace. The riparian doctrine developed in wetter, humid areas, like the East Coast where there was little concern with diminution of existing flows, contemplated the use of water only on lands bordering the streams. However, the pioneers of the arid West needed water for mining operations and to irrigate lands located away from the streams. A new allocation system evolved based upon the principle of “first in time, first in right.” This system, known as the prior appropriation doctrine, originated and has reached its fullest development in Colorado, and, as a result, is sometimes also referred to as the “Colorado Doctrine.” Appropriation Doctrine Under the Colorado Constitution, the waters of the streams of the state belong to the people of Colorado. Water is “appropriated” by diverting it from the stream and applying it to a beneficial use. The “appropriator” becomes the owner, not of the water itself, but of the right to use water. Beneficial uses of water include, but are not limited to, irrigation, domestic, municipal, industrial, commercial, manufacturing and recreational purposes. The place on the stream at which water is diverted from the stream is called the point of diversion (which is sometimes also referred to as the “headgate”), and is generally used to describe the legal location of the water right. The priority given to an appropriator’s right to use of water is determined by the date of the first overt act to divert water. Typically this is the date on which a survey of the ditch or reservoir was commenced. The priority date of a water right determines its value – the oldest right can divert up to its decreed rate of flow from the stream before the next right can divert any water. If the flow in the stream is less than the rate of flow to which the older priority is entitled, the younger or junior priority gets nothing. In other words, there is no apportionment of water between Colorado water rights during times of drought. Under the appropriation doctrine the senior water right owner is entitled to “call” for his or her water as against junior water rights holders. Adjudication of a Water Right A water right is created simply by diversion of water and its application to beneficial use with the intent to appropriate a water right. To obtain legal recognition of the water right, an appropriator historically must have appeared in the appropriate District Court general 00023982-5 2 adjudication proceeding where the Court, after taking the testimony of the appropriators who appeared, determined the basic elements of each water right: the priority date, the beneficial use or uses, and the rate of flow. The Court then entered a decree setting forth the water rights and describing these elements for each water right that was adjudicated. The decree is the legal document by which an appropriator’s right to beneficial use of water is evidenced, and is utilized by the state water officials to regulate and administer the diversion of water from the stream. If an appropriator failed to appear in the original, general adjudication proceeding, the priority of the appropriator’s water right was lost until the next general adjudication proceeding (known as a “supplemental, general adjudication”). The best priority that can be obtained in such a supplemental adjudication is junior to all of the rights determined in the original adjudication. Today, adjudications are handled on an on-going basis by the Water Courts, one of which is located in each of the seven major drainage basins in Colorado. Claims are now adjudicated one by one, rather than in the mass original adjudication proceedings that occurred early in Colorado history. A designated judge serves as the Water Judge in each division. Conditional Water Rights In some instances, especially where the project is large, an appropriator may go into court and get a “conditional” decree. The prospective appropriator is granted a conditional water right upon a demonstration that the appropriator intends to construct the project and has taken a “first step” evidencing that intent. If work on the project is carried forward with “due diligence,” the appropriator, upon completion of the project and application of the water to a beneficial use, is entitled to an “absolute” decree with a priority assigned to the right that relates back to the date on which the project was first initiated. In order to keep a conditional water right alive, the appropriator must file an application for finding of reasonable “due diligence” every six years, and demonstrate that he or she has been diligent in trying to place the water right to beneficial use. If the appropriator fails to show such diligence, the court may cancel the conditional water right. Once water is actually placed to beneficial use under a conditional direct flow water right or stored for later beneficial use under a conditional storage water right, the appropriator may then request that the court decree the water right “absolute,” which means that the water right becomes vested and no further diligence filings are required by the appropriator. Direct Flow and Storage Water Rights There are two basic kinds of surface water rights: (1) direct flow rights and (2) storage rights. Under a direct flow right, the water is diverted from the stream and applied directly to beneficial use; an example is the diversion of water through a ditch for the irrigation of a hay meadow. A direct flow right decree prescribes the rate of flow in cubic feet per second of time (cfs) that may be diverted at the point of diversion when water is available “in priority” from the stream under the decreed priority date. A storage right permits the appropriator to store water from the stream in a reservoir or pond. Once the water is stored, it becomes the personal property of the appropriator. While the storage water must subsequently be placed to beneficial use, the time of application is 00023982-5 3 discretionary with the appropriator; water may be stored in one year, for example, and then used in the next. Instream Flows In 1973, the Colorado Legislature recognized the “need to correlate the activities of mankind with some reasonable preservation of the natural environment.” It created the Instream Flow Program as part of the Colorado Water Conservation Board’s responsibilities. Instream flows, according to the legislative definition, are the flows or lake levels needed to preserve the natural environment to a reasonable degree. Proposed instream flows must go through an extensive administrative process and then are submitted to the Water Court for adjudication. The Colorado Water Conservation Board is the only entity that is permitted to own instream flow water rights. The State Legislature has also provided for the establishment and adjudication of “recreational, in-channel diversions,” a type of instream flow right that may be appropriated by municipal or other local governmental entities for recreational boating use. Local governments are the only entities permitted to own recreational in-channel diversion water rights. Change of Water Rights Colorado water laws provide a procedure to modify water rights. An application can be filed with the Water Court to seek a change in the point of diversion up or down the stream, the means of diversion or storage, or the type or location of use. The Water Court conducts a hearing to determine whether injury to other water rights will result. If injury would result from the changes, the Court can impose limitations that will keep water in the stream for the use of other appropriators (so that there is the same amount of water after the change as there was in the stream before the change). The general measure of the amount of a decreed water right that can be changed without injury to other water rights is the amount of water historically consumed by the use of such right, which is referred to as the “historical consumptive use” of the water right. This historical calculation can be a rather complicated engineering question. Only the consumptive use portion of a water right may be changed; historical return flows that occurred under the use of the water right must be left in the stream to prevent injury to other water rights. Water Rights Exchanges Recently, an old Colorado practice, exchanging water, has taken on a new level of importance as competition for scarce water resources has increased (particularly for municipal use). An exchange of water occurs whenever water is taken at a time and place when such use would otherwise be out-of-priority as to other senior water rights, but for replacement of water from another source and delivery of this replacement water to the senior water right. A typical example would be a municipality diverting water at an upstream location, and then releasing an equal amount of water from a downstream reservoir to supply the senior right calling for water. The opportunity to carry out any particular exchange is limited based on the physical supply available to be taken by exchange. Since it is so limited, the right to make an exchange is itself subject to appropriation, and an exchange can be granted a priority date just like other Colorado 00023982-5 4 water rights. The most senior exchange right is entitled to operate in full before the next junior exchange right may operate. Of course, neither exchange would be allowed to operate if the exchange potential is not present (i.e., if adequate water is not available for the exchange), or if the operation of the exchange would otherwise injure senior water rights. An additional limitation is imposed on the operations of exchange by Colorado statutes. The quality of water being supplied to the downstream senior in exchange for upstream diversions must “meet the requirements of use to which the senior appropriation has normally been put.” This guarantee of water quality in exchanges has been the subject of complex and bitter litigation in recent years. Augmentation Plans Colorado water users also have a method to obtain approval of a complex water use plan through what is called a “plan for augmentation.” At its most basic, an augmentation plan allows junior water users to continue diverting water at times when there is no unappropriated water available and their diversions would otherwise be curtailed through the provision of a replacement source of water to the stream. An augmentation plan may take many forms, including combinations of changes of water rights, exchanges of water rights, and computer model management of pumping of tributary wells to avoid injury to senior surface water rights. Users without existing senior water rights are therefore able to “augment” their proposed new junior uses by means of such a complex plan. Under such a plan, the user’s junior water rights are allowed to continue diverting out-of-priority with respect to other senior water rights, so long as replacement or augmentation water is provided to supply the demands of, and prevent any injury to, such senior rights. Administration of Surface and Groundwater Rights Colorado has acted to integrate the administration of groundwater with surface water rights. Initially, Colorado settlers thought that water underneath the ground was remotely connected, if at all, to the water in streams and rivers. They soon realized that groundwater diversions affect, in some cases severely, surface water supply. Legislation was enacted in 1965 and 1969 to incorporate wells into the same system of regulation as surface rights. The main consequence of these acts (and Colorado Supreme Court rulings) is that in almost all cases, wells now need to be “augmented” so that they may continue to pump water without injury to other senior water rights. Measurement of Water Rights A cubic foot per second of time (cfs) is a rate of flow, whereas an acre-foot is a measurement of volume. A cubic foot of water per second of time produces 450 gallons a minute (gpm), and, if permitted to flow for 24 hours at that rate, equals 1.983 acre-feet. An “acre-foot” of water is the amount of water required to cover one acre of land a foot deep with water, and equals 325,900 gallons. Direct flow water rights are generally expressed in a rate of flow (cfs), whereas wells and reservoir rights generally are described by volume (acre-feet). 00023982-5 5 Special Problems of the Municipal or Domestic User When water rights that have historically been used for irrigation are transferred to a new use for supplying water to a city or to a private development, certain special problems are encountered. These problems basically derive from the water law concept that when a water right is changed, there must be no injury to other water users. Specifically, a user may not enlarge the extent of the use of a water right, either by consuming more water than historically was consumed, or by diverting at different times than when water historically was diverted. One of the more significant limitations on the transfer of an irrigation water right to new development or municipal use is that the irrigation right is limited to its historical time of use, namely the summer irrigation season. The right of a city or a developer to divert water in the winter must come from some other water right, or from the storage of an irrigation water right during the summer for subsequent use during the winter season. One such source for “winter water” is storage water rights. Reservoirs typically divert water for filling during the non-irrigation season for use later during the dry part of the irrigation season. Frequently, private developers who acquire irrigation water rights with their raw land purchase must acquire some storage rights in order to provide for winter water or, as discussed below, change their irrigation water rights so that they may be stored for winter use. Another means of providing “winter water” is the construction of new storage facilities that can store an amount of water equal to that historically consumed under the use of the summer water rights. If sufficient summer water rights are controlled, enough can be carried over to cover winter depletions and increased losses due to reservoir surface evaporations, both of which must be replaced to the stream system to prevent injury to other water rights. There is essentially no place left in Colorado (perhaps outside the Yampa River basin) where a new appropriation, even in winter, can find unappropriated water available in any meaningful quantity to support new users or development. As a result, any new uses of water in Colorado generally require a change of senior water rights and/or an augmentation plan. One requirement of municipal and private developments makes the winter supply problem more difficult. Municipal or domestic supplies must be very dependable. Whereas other types of use could and might have to tolerate occasional shortages, the municipal or domestic supplier must be able to guarantee that it will meet its demand for water to provide what is often referred to as a “firm supply.” The amount of historical depletion is the other major limitation on the allowable extent of a change of water right. The historical depletion is the amount of water historically diverted, less the amount of water historically returned to the stream after use. In other words, the historical depletion is the reduction in flows attributable to the historical consumptive use of the water right. In the case of winter supply, the amount of consumption is usually very low if the supply is gathered in sanitary sewers, treated, and returned to the stream. In such a situation, a relatively small amount of consumptive use will often support a large use. However, in the summer, when a large amount of water is used for lawn and garden irrigation by municipal customers, the municipal use may be nearly as consumptive as the historical irrigation practice. Also, where 00023982-5 6 domestic supply development uses individual treatment or septic systems, the consumption will be greater than where there is a direct return to the stream from a sewage treatment facility. These matters are all important engineering questions, and the importance of proper water engineering planning and analyses in connection with such water rights changes cannot be overestimated. Conclusion Colorado water rights and the laws that apply to them are considered by many to be “arcane” and overly complicated. While it is true that certain water plans can be complex, the basic principle – “first in time, first in right” – continues to be the basis of the administration of water in this State. This simple principle has historically proven to be quite effective as a means of determining the right to divert water when there is scarcity of water due to drought. Please let us know of any questions you may have about this Primer or specific issues regarding your water rights matter. If you would like to read more about Colorado water rights and laws, we highly recommend the Citizen’s Guide to Colorado Water Law, available for a small fee from: Colorado Foundation for Water Education PO Box 300158 Denver, CO 80203 303.377.4433 www.cfwe.org TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Date: February 19, 2015 Agenda Topic: Water System Infrastructure Discussion Most of Avon’s potable water comes from the Avon Water Treatment Plant (Plant), which is located south of Avon Elementary school. The water entering the Plant is diverted from the Eagle River at several locations in Avon, including Metcalf Ditch in the Eaglebend Subdivision and the Avon Wastewater Treatment Facility. In addition to the Avon Water Treatment Plant, the Edwards Water Treatment Plant, located adjacent to the CDOT rest area, provides potable water to the far west side of Avon. The systems are connected to each other as well as to the system operated by the Eagle River Water and Sanitation District (ERWSD) in Vail, which allows water to move back and forth as needed based on water quality, river flows, and plant maintenance. Wastewater from Minturn, West Vail, Eagle-Vail, Avon, Beaver Creek, Mountain Star, and portions of Wildridge is treated at the Avon Wastewater Treatment Facility, which is also operated by ERWSD. The Plant and the Wastewater Treatment Facility are located next to each other to maintain the water flows in the Eagle River. The potable water system includes water mains, which vary from 8” to 16” in diameter, valves, storage tanks, and pumps. Typically, the Authority owns the infrastructure up to the water meter and the customer owns the service line from the meter to the building. The water system is divided by pressure zones that correlate with elevation. Each zone has at least one water tank to maintain the pressure. The mountainous terrain requires numerous pressure zones, making the system very complex to operate relative to non-mountain communities. System security is important to prevent tampering or terrorism; facilities are kept secure, and they are not promoted or advertised. Benchmark Lake When Avon was originally developed in the late 1970s, it had its own water system. Water was stored in Benchmark Lake and treated at the old water treatment plant, which is now the fire station. After the construction of Eagle Park Reservoir above Camp Hale, Benchmark Lake became primarily a recreational amenity and is no longer used to supply water to the potable water system. The Town currently uses Benchmark Lake as a source of raw water for irrigation of Nottingham Park, Avon Pedestrian Mall, and Avon Road. The Town maintains Benchmark Lake and its associated infrastructure, including outlet works and irrigation ditches. The water for Benchmark Lake comes from Buck Creek and the Eagle River through the Nottingham Puder Ditch and Metcalf Ditch. Nottingham Puder Ditch starts at the Eagle River near the Eagle-Vail interchange and runs through the Village (at Avon) and discharges into Buck Creek near Northside Café. The Metcalf Ditch starts at the Eagle River in the Eaglebend Subdivision and runs through East Avon and the Main Street Mall and discharges into Benchmark Lake. The east segment from Eaglebend Subdivision is maintained by the UERWA and the remainder is operated and maintained by the Town. 00099175-7 Village (at Avon) One of the components of the settlement with the Traer Creek parties is that the Town now owns and maintains a raw water irrigation system in the Village (at Avon). The raw water irrigation system is used for the Post Boulevard landscaping, and the park between Wal-Mart and Home Depot. The irrigation system includes the Nottingham Reservoir (located north of the Post Boulevard and I-70 interchange), the Nottingham-Puder Ditch, irrigation mainlines and fixtures, and a pump station. Nottingham Reservoir (located on Nottingham Gulch) is a 21 feet deep, 20 acre-foot reservoir that supplies water for the irrigation system and two proposed ponds located on the west side of the development near the old gravel pit. A second source of water for the system comes from the Nottingham Puder Ditch. It is planned that the system will be used for landscaping in the future right-of-way as the project develops as well as at the school site and future parks. 00099175-7  Page 2 00099144-4 Relationship of the Town of Avon to the Upper Eagle Regional Water Authority Prepared by Jay Montgomery, Richard Mehren and Anne Bensard for Avon Town Council Water Briefing February 24, 2015 The Town of Avon (“Avon”) obtains its potable water supplies from the Upper Eagle Regional Water Authority (“Authority”) under water rights leased to or owed by the Authority. Wastewater collection and treatment in the Town of Avon is provided by the Eagle River Water and Sanitation District. The Authority is an entity that exists by reason of an intergovernmental agreement among the six members of the Authority: Avon, Beaver Creek Metropolitan District, Eagle Vail Metropolitan District, Berry Creek Metropolitan District, Arrowhead Metropolitan District, and Edwards Metropolitan District. The Authority possesses only the governmental powers that are delegated to it by the member entities. The original Agreement Establishing the Upper Eagle Regional Water Authority (the “Authority Agreement”) was executed in 1984, before the adoption of Avon’s Home Rule Charter. Avon’s predecessor, the Avon Metropolitan District, was a party to the original Authority Agreement. The current service area of the Authority is depicted on the map in Appendix A following this discussion. The Authority is responsible for operating and maintaining the potable water treatment and delivery system that serves municipal water users within Avon’s service area. Avon retains all of its powers under its Charter and under state law to regulate development and land use within its jurisdiction. Before a property owner or developer may obtain a water tap from the Authority, it must have secured all necessary and appropriate development approval(s), building permit(s), and related approvals from Avon. Avon’s water rights, which include direct flow and storage rights decreed for municipal and other purposes, relatively senior irrigation ditch rights, and plans for augmentation, are described in Section 1 of the Avon Water Briefing Workbook. Most of the water rights that secure the potable water supply to the Avon’s service area were adjudicated by Avon’s predecessors Benchmark at Beaver Creek and the Avon Metropolitan District. Avon also maintains water levels in Benchmark Lake and owns and operates other water rights for raw water irrigation of Town Park and other public areas. A brief summary of the key agreements between Avon and the Authority related to the creation of the Authority and to Avon’s water usage follows below. In addition to the original Authority Agreement executed in 1984 and amended in 1985, the Authority entered into individual “Service Contracts” with each of the member entities. The Service Contracts were amended several times over the years until they were replaced by the Amended and Restated Master Service Contract in 1998. The proposed Amended and Restated Agreement Establishing the Upper Eagle Regional Water Authority would replace both the Master Service Contract and the Authority Agreement if it is approved by all the member entities. The single most significant provision of the water right leases and other agreements described below is the commitment by the Authority to provide municipal water service to 00099144-4 customers within Avon’s service area up to a total of 5,276.75 single family equivalent residential units (“SFEs”)1 , in exchange for the lease of Avon’s water rights. Avon’s agreement with the Authority is unique in this regard because it requires the Authority to provide service based on the SFE formula and not strictly on the assumptions of consumptive water use contained in the decrees for the water rights leased by Avon to the Authority. Consequently, in addition to the decreed water rights that Avon has leased to the Authority, the Authority has “allocated” to Avon a portion of water rights that the Authority has appropriated or otherwise acquired for system-wide use. This “Allocated Water,” as quantified and described in the Avon Water Rights Report (Tab 1 of the Workbook) is deemed sufficient by the Authority and by Avon to supply the potable water requirements of the 5,276.75 SFEs that the Authority is currently committed to serve in the Town service area. An analysis of current zoning and development approvals conducted by Avon’s Town Engineer Justin Hildreth concluded that the 5,276.75 SFE commitment is sufficient to cover the municipal water tap requirements of development within the Town at full build-out under existing zoning, with perhaps up to 100 SFE “cushion,” which may be available for assignment by Avon to additional development that benefits the community such as affordable housing. Any new development that requires new approval or amendment of existing PUD or other zoning is analyzed to determine the consumptive water uses of the proposed new development. If the water use for the new or changed development would be greater than the amount assumed for the previously approved zoning for a property, the developer is then required to dedicate additional water rights or pay a cash-in-lieu (of water rights dedication) fee to secure the Authority’s commitment to serve that additional development. When such additional water is dedicated or cash-in-lieu fee is accepted by the Authority, a supplemental agreement is executed between the Authority and Avon to increase the overall amount of SFEs which the Authority is committed to serve. The other five members of the Authority have also leased water rights to the Authority. A table summarizing the amounts of water rights owned by the Authority members and the portion of those leased to the Authority is found in Appendix B following this discussion. The table also shows which portion of the water rights have priority date(s) senior to the date of the Colorado River Compact (“Compact”). The priority date vis-à-vis the date of the 1922 compact is significant because, in the event of enforcement of Colorado’s water delivery obligations under the Compact, individual water rights that pre-date the Compact generally would be insulated from curtailment. Significantly, of the 448 acre feet per year of consumptive use credits under the water rights that Avon has leased to the Authority, all but 25 acre feet pre-date the Compact. The Authority has appropriated, or otherwise acquired, a significant portfolio of water rights (mostly in-basin water storage rights), which can be used to supplement the Authority’s system-wide water supply and to make up for potential shortages in the members’ individual 1 SFEs are defined in the UERWA Rules and Regulations based on square footage of the residential building. One SFE is equivalent to a 3,000 square foot residential housing unit. As an example, a proposed 7,500 square foot dwelling unit would require the assignment of 2.5 SFEs to cover water service to that unit, including outdoor uses as reasonably allowed and as limited by zoning, PUD limits, or restrictive covenant(s) that are applicable to the particular development. 00099144-4 water rights. Water made available under some of those system-wide water rights has been “allocated” by the Authority in the member Water Rights Reports. Under the Authority’s current policy, the unallocated portion of those system-wide rights is available for allocation to a member to supply new development or re-development or to meet a shortage in the member’s individual water rights on a first come, first served basis. Appendix C following this discussion is a table of the water rights owned or leased by the Authority, with quantities identified in units of consumptive acre feet annually. The “In-Basin Consumptive Use Credits” in the Appendix C table are mostly derived from direct flow water rights that have been changed from historical irrigation use to municipal use and are leased by Authority members to the Authority. The water rights associated with the reservoirs listed in the table can provide water for release from storage reservoirs as needed for drought protection and as a “back-up” supply throughout the Authority’s service area. The Authority continues to pursue development of additional in-basin storage on behalf of its members. A general map showing the respective locations of the water storage facilities in which the Authority has an interest is found in Appendix D following this discussion. Some of the water available under the Authority’s storage rights has been “allocated” to Authority members as documented in member Water Rights Reports. For example, Avon has the right to 61.6 acre feet annually from Green Mountain Reservoir and 123 acre feet from Eagle Park Reservoir (although those amounts are not additive and the total use from both reservoirs by Avon is limited to 123 acre feet per year) as well as an additional 35.3 acre feet of water annually from unspecified sources of the Authority’s system-wide water rights. However, the majority of the Authority-owned water storage rights are “unallocated.” Avon has asked the Authority for an opportunity for a full briefing by the Authority’s water engineers and attorneys as to the projections of future water requirements under various scenarios of future development and assumptions of future hydrologic conditions. That discussion has effectively been tabled until after the member entities and the Authority complete the amendment and restatement of the Agreement Establishing the Authority. The Village (at Avon) development by EMD, LLC has recently been included within Avon’s service area as a result of the settlement of litigation involving that development. The decreed water rights and interests in a decreed plan for augmentation have been conveyed to the Authority to provide potable water service to the Village development up to a fixed amount of annual consumptive use of water. Thus, the potable water needs of the Village development will be addressed and accounted for separately from the SFE commitment stemming from the Avon- Authority water right leases. As part of the settlement, Avon agreed to be responsible for raw water irrigation of some public areas in the Village development and acquired additional water rights from the developer and the Traer Creek Metropolitan District to be used for that purpose. The Authority is responsible for supplying potable water to the Village development and has committed to supply such water up to an amount of 106.3 acre-feet of consumptive use. Using the two demand scenarios per SFE from Avon’s Water Rights Report (2010 highest year and 2009-2013 average), the 106.3 acre-feet of consumptive use can be expected to supply between 1,155 and 1,246 SFEs. 00099144-4 The key agreements between Avon and the Authority, as well as Avon’s water right leases to the Authority, are briefly described as follows: • September 18, 1984 Agreement Establishing the Upper Eagle Regional Water Authority (amended April 1, 1985) This is the “organic” agreement by which the six member entities created and delegated certain functions to the Authority, primary of which are to provide water service to properties within the service areas of the member entities, to impose reasonable fees and charges for such service, to adopt rules and regulations governing the provision of such water service and to appropriate or otherwise to acquire water rights. The Authority owes its existence to this agreement and the only powers the Authority possesses are those delegated to it by the individual members through this agreement. • October 24, 1996 Agreement between the Authority and Avon This Agreement adopted the following allocation of the uses of Avon’s 448 acre-feet per year of consumptive use credit decreed in Case No. 84CW225, including use in the Eagle Park Reservoir Project: • 211.13 acre-feet per year to augment Avon’s out-of-priority depletions during the irrigation season. • 61.6 acre-feet per year stored in Benchmark Lake to augment out-of-priority depletions during the non-irrigation season. • 10.1 acre-feet per year stored in Benchmark Lake to replace evaporation from Benchmark Lake. • 165.17 acre-feet per year stored in Benchmark Lake for uses as decreed in Case No. 84CW225. Of the water that can be stored in Benchmark Lake, Avon pledged 123 acre-feet per year to Eagle Park Reservoir. In exchange, when the Eagle Park Reservoir yield is at least 370 acre- feet, Avon receives an allotment of 123 acre-feet per year. Avon’s allocation first goes to augment out-of-priority depletions during the non-irrigation season (61.6 AF), then to replace evaporation from Benchmark Lake (10.1 AF), and then to other Avon uses under Case No. 84CW225. In the event that the yield of Eagle Park Reservoir is less than 370 acre-feet, Avon’s 123 acre-feet allotment is reduced proportionately. • January 1, 1998 Amended and Restated Master Service Agreement This agreement replaced an earlier Service Agreement between Avon and the Authority. It revised the basic terms on which the Authority provides potable water service to properties within the member entities’ service areas and contains provisions for the assessment and collection of fees and charges by the Authority. 00099144-4 • January 1, 1998 Amended and Restated Water Lease between the Authority and Avon As the January 1, 1998 Master Service Agreement replaced all prior leases of water rights from Avon to the Authority, this lease recognizes the continued lease of 77.7% of Avon’s rights that represent senior historical consumptive use credits and most of its junior municipal water rights to the Authority in exchange for potable water service to Avon. • July 14, 2005 Supplemental Water Lease between the Authority and Avon This lease supplements the January 1, 1998 Amended and Restated Lease between the Authority and Avon. By this agreement, Avon leases the remaining portion of its 84CW225 historical consumptive use credits to the authority, bringing the total amount leased to 448 acre- feet of historical consumptive use. The lease recognizes that 448 AF of consumptive use is adequate on average to replace lake evaporation of 42.39 AF, to provide up to 19.58 AF of consumptive use for non-potable irrigation, and to provide water service to up to 4,984 SFEs within Avon. The leased water that is not in use for these purposes can be used by Avon to refill Benchmark Lake as needed. • June 25, 2009 Supplemental Water Service Agreement between the Authority and Avon This agreement increases the number of SFEs served by the Authority by 255.55 to 5,239.55 in order to serve the Confluence Project. It references and is based on the May 9, 2006 Agreement for Dedication of Augmentation Water and Related Water Rights for the Confluence Project, under which the developer dedicated additional water rights or cash-in-lieu to the Authority. • September 24, 2009 Second Supplemental Water Service Agreement This agreement increases the number of SFEs served by the Authority by 15 to 5,254.55 in order to serve the Red House development. It references and is based on the September 24, 2009 Water Service Agreement between the Authority and the Vail Corporation and the June 23, 2009 Annexation and Development Agreement between Avon and the Vail Corporation. By those agreements, the Vail Corporation dedicated 2.5 shares of Class B Series 2 stock in Eagle Park Reservoir Company, which is the equivalent of 2.5 acre-feet of water in Homestake Reservoir. 00099144-4 • February 28, 2013 Third Supplemental Water Service Agreement This agreement increases the number of SFEs served by the Authority by 22.2 to 5,276.75 in order to serve the Wyndham development. It references and is based on the April 8, 2013 Water Service Agreement between the Authority and Wyndham Worldwide Vacation Ownership by which the developer agreed to pay a cash-in-lieu fee in consideration for the commitment by the Authority to serve the additional 22.2 SFEs. • 2013 Traer Creek Settlement Both Avon and the Authority are parties to agreements that settled a multi-party lawsuit involving the Village (at Avon) development. Under the settlement, Avon acquired water rights and assumed the responsibility to operate a raw water irrigation system serving certain public areas within the Village development. The Authority acquired certain other water rights and assumed the responsibility to provide potable water to the Village development in an amount not to exceed 106.3 acre feet of consumptive water use annually. • Proposed Amended and Restated Agreement Establishing the Upper Eagle Regional Water Authority This agreement, if approved, will replace the Master Service Agreement and the original Agreement Establishing the Authority. The details of this agreement will be explained to Town Council when it is presented for consideration of approval at the Council’s regular meeting on __________, 2015. Wa t e r R i g h t Qu a n t i t y ( a c r e - f e e t ) Ea g l e P a r k R e s e r v o i r 57 9 Ho m e s t a k e R e s e r v o i r 25 6 . 5 0 Bl a c k L a k e s L e a s e 20 0 Gr e e n M o u n t a i n R e s e r v o i r c o n t r a c t 54 8 Wo l f o r d M o u n t a i n R e s e r v o i r c o n t r a c t 71 0 . 8 0 In - b a s i n c o n s u m p t i v e u s e c r e d i t s 2, 3 8 6 . 0 8 4 Be a v e r C r e e k r i g h t s ( s u m m e r ) 21 5 Be a v e r C r e e k r i g h t s ( w i n t e r ) 17 Wa t e r R i g h t s o f t h e Up p e r E a g l e R e g i o n a l W a t e r A u t h o r i t y Ap p e n d i x C Re v i s e d 20 1 3 Number Three / September 2014 OVERVIEW Governor Hickenlooper issued an Executive Order in May 2013 directing the Colorado Water Conservation Board (CWCB) to develop Colorado’s Water Plan. Creation of this plan is a grassroots effort drawing upon eight years of unprecedented work, dialogue, and consensus building that water leaders from across the state have engaged in through the Interbasin Compact Committee (IBCC) and Basin Roundtable process. Colorado’s Water Plan will be aligned with our state’s water values: vibrant and sustainable cities, viable and productive agriculture, a robust skiing, recreation and tourism industry, and a thriving environment that includes healthy watersheds, rivers, and wildlife. 5 Things Colorado’s Water Plan Will Do . . . 1Foster collaborative solutions to responsibly address the looming gap between supply and demand (effect of this is to fortify Prior Appropriation Doctrine, not undermine it) 2Identify and test cost-effective alternatives to the permanent “buy & dry” of irrigated lands $IÀUPWKDW&RORUDGRZLOOSURWHFWLWVFRPSDFW HQWLWOHPHQWVDFWDIÀUPDWLYHO\WRDYRLG compact curtailments where possible, and demonstrate effective state-based policy to prevent federal erosion of state water authority 4Push federal regulatory processes to move “quicker” by front-loading state activity 5Align state policies and dollars to support &RORUDGR·VZDWHUYDOXHVDQGSROLF\ objectives 5 Things Colorado’s Water Plan Will NOT Do . . . (URGHRULQDQ\ZD\FHGH&RORUDGR·V compact entitlements 2Advocate alternatives to the Prior Appropriation Doctrine ,QIULQJHXSRQZDWHUULJKWV·VWDWXVDVSULYDWH property rights 4Ban the “permanent buy & dry” of irrigated lands 5Allow the status quo to drive increased uncertainty and undesired results Since the 2002-2003 drought, the Colorado Water Conservation Board (CWCB) has been leading the most comprehensive analysis of Colorado water ever undertaken through the Statewide Water Supply Initiative (SWSI 2010). As a result, we know more today than we have ever known about our future water demand: what supplies are available, how much water we need for consumptive and non-consumptive needs, and much more. SWSI is currently being updated. We know that the gap between water supply and demand is growing. Within the next few decades, even assuming aggressive conservation and the completion of dozens of water projects FXUUHQWO\EHLQJFRQVLGHUHGWKHVWDWHFRXOGIDFHDVLJQL¿FDQWVKRUWIDOO,QDVLQJOH\HDUZH KDYHH[SHULHQFHGVHYHUHGURXJKWIROORZHGE\VHYHUHÀRRGLQJ7KLVFOLPDFWLFYDULDELOLW\LQ our water supply emphasizes the need to strategically plan for the future, now more than ever. Without a thoughtful, educated, and measured response to this problem we run the risk of compromising Colorado’s future of being one of the best places in the nation to live and work. 7KHZRUNRIWKH,QWHUEDVLQ&RPSDFW&RPPLWWHH,%&&DQG%DVLQ5RXQGWDEOHVKDVPDGHWKH GHYHORSPHQWRI&RORUDGR¶V:DWHU3ODQSRVVLEOH7KHPHPEHUVRIWKH,%&&UHSUHVHQWLQJ every water basin and water interest in Colorado, have agreed that unless action is taken, we ZLOOIDFHDQXQGHVLUDEOHIXWXUHIRU&RORUDGRZLWKXQDFFHSWDEOHFRQVHTXHQFHV7KH,%&&KDV reached consensus on a number of actions that Colorado must take in the near term to secure RXUZDWHUIXWXUH7KHVHLQFOXGHFRQVHUYDWLRQDOWHUQDWLYHPHWKRGVRIXWLOL]LQJDJULFXOWXUDO water that doesn’t result in the permanent dry-up of farmland, and support for water projects that meet certain factors. 7KH%DVLQ5RXQGWDEOHVKDYHEURXJKWWRJHWKHUOHDGHUVIURPHDFKRI&RORUDGR¶VPDMRUULYHU basins and the metro area to map out their own basin’s needs and water future, to engage in facilitated discussions on water issues, and to develop locally-driven, collaborative solutions. WHY NOW ? &RPPXQLFDWLRQVDQG3XEOLF$IIDLUV8SGDWH$WWDFKPHQW WATER PLAN UUPDDDATTESS &2//$%25$7,1*21&2/25$'2·6:$7(5)8785( QUESTIONS? Contact us at cowaterplan@state.co.us and visit us online at www.coloradowaterplan.com. Find Colorado’s Water Plan on Facebook DQGIROORZXVRQ7ZLWWHU² @COWaterPlan JOIN THE DISCUSSION &RPPXQLFDWLQJZLWKLQWHUHVWHGVWDNHKROGHUV and keeping them informed throughout the GHYHORSPHQWRI&RORUDGR·V:DWHU3ODQLVRXU SULRULW\7KHPRVWHIIHFWLYHZD\WRJHWLQYROYHG LVWREHHQJDJHGLQ\RXU%DVLQ5RXQGWDEOH7R OHDUQPRUHDERXWZKHQ\RXU5RXQGWDEOHPHHWV DQGZKRUHSUHVHQWV\RXUEDVLQRQWKH5RXQG- table visit www.coloradowaterplan.com. Executive Order to CWCB Draft CWP Delivered to Governor Draft BIPs submitted to CWCB Additional Draft Sections of CWP Released First Draft Sections of CWP Released Additional Draft Sections of CWP Released Final BIPs submitted to CWCB Second Draft CWP Released for Public Review Public Comment Deadline for Draft CWP Sections Public Comment Deadline for Draft BIPs Public Comment Deadline for Draft CWP Public Comment Deadline for Second Draft CWP Final 2015 CWP Submitted to Governor DRAFT 05/20/14 Co l o r a d o B a s i n I m p l e m e n t a t i o n P l a n CO L L A B O R A T I N G O N C O L O R A D O ’ S W A T E R P L A N 84 Colorado Basin Roundtable Se c t i o n 6 . 4 - E a g l e R i v e r R e g i o n Th e E a g l e R i v e r R e g i o n i s l o c a t e d i n E a g l e C o u n t y a n d e n c o m p a s s e s t h e E a g l e R i v e r w a t e r s h e d w h i c h i n c l u d e s t h e E a g l e R i v e r , Go r e C r e e k , H o m e s t a k e C r e e k , B r u s h C r e e k a n d G y p s u m C r e e k , t o n a m e a f e w o f t h e m a i n t r i b u t a r i e s . L i k e m a n y h e a d w a t e r re g i o n s , r e s i d e n t s a n d c o m m u n i t i e s i n t h i s r e g i o n p l a c e a h i g h p r i o r i t y o n t h e e c o n o m i c , r e c r e a t i o n a l , a n d n a t u r a l v a l u e s as s o c i a t e d w i t h t h e i t s s t r e a m s a n d r i v e r s . H e a l t h y , f u n c t i o n i n g s t r e a m s b e s t s u p p o r t t h e s e c o m m o n v a l u e s a n d c o n t i n u i n g t h e wo r k t o s u p p o r t a n d p r o m o t e t h e e n v i r o n m e n t a l a n d r e c r e a t i o n a l n e e d s w i l l b e s t m a i n t a i n h e a l t h y , f u n c t i o n i n g s t r e a m s ( E R W C , 20 1 4 ) . T h e e c o n o m y o f t h i s r e g i o n , a s t h e h o m e o f t h e V a i l , B e a v e r C r e e k a n d A r r o w h e a d S k i a r e a s , i s v e r y m u c h d e p e n d e n t up o n t h e h e a l t h o f t h e e n v i r o n m e n t a s a r e o t h e r t o u r i s m a n d r e c r e a t i o n i n d u s t r i e s . W h i l e r a p i d u r b a n i z a t i o n i n u p p e r v a l l e y r e s or t co m m u n i t i e s h a s s l o w e d , d e v e l o p m e n t f o c u s h a s s h i f t e d i n e a r n e s t t o l o w e r v a l l e y t o w n s . E i g h t h u n d r e d h o m e s i n t h e p r o p o s e d +D \ P H D G R Z D U H D R I ( D J O H V T X D U H I H H W R I U H W D L O D Q G K R P H V L Q W K H S U R S R V H G ( D J O H 5 L Y H U 6 W D W L R Q D Q G D O P R V W ne w r e s i d e n t i a l u n i t s a t V i l l a g e o f W o l c o t t o f f e r c h a l l e n g e s f o r w a t e r p r o v i d e r s i n m a n a g i n g w a t e r r e s o u r c e s a n d p r o v i d i n g f o r he a l t h y s t r e a m c o m m u n i t i e s ( E R W C , 2 0 1 4 ) . Th e W o l c o t t R e s e r v o i r , a c o n t e s t e d p r o j e c t a m o n g B a s i n r e g i o n s , w i l l a l l o w D e n v e r t o i n c r e a s e d i v e r s i o n s o u t o f D i l l o n R e s e r v o i r by p r o v i d i n g a u g m e n t a t i o n r e l e a s e s t o s a t i s f y t h e S h o s h o n e a n d C a m e o c a l l s . E a g l e R i v e r W a t e r a n d S a n i t a t i o n D i s t r i c t (E R W S D ) a n d U p p e r E a g l e R i v e r W a t e r A u t h o r i t y ( U E R W A ) a r e i n f a v o r o f t h e r e s e r v o i r b u t i m p l e m e n t a t i o n p l a n s b y D e n v e r Wa t e r f o r t h e R e s e r v o i r h a s y e t t o b e s e e n a n d o p p o s i t i o n b y o t h e r C o l o r a d o r e g i o n s n e e d s t o b e o v e r c o m e . Th e C o l u m b i n e , E w i n g & W u r t z D i t c h e s a n d t h e H o m e s t a k e T u n n e l d i v e r t w a t e r o u t o f t h e E a g l e R i v e r w a t e r s h e d t o t h e Ar k a n s a s R i v e r B a s i n . T h e E R W S D h a s a n d c o n t i n u e s t o c o l l a b o r a t e w i t h w a t e r p r o v i d e r s o n t h e F r o n t R a n g e a s p a r t i c i p a n t s i n th e E a g l e R i v e r M e m o r a n d u m o f U n d e r s t a n d i n g ( M O U ) a n d t h e C R C A a g r e e m e n t s . T h e o b j e c t i v e o f t h e M O U w a s t o d e v e l o p a MR L Q W X V H Z D W H U S U R M H F W W K D W P H H W V W K H Z D W H U U H T X L U H P H Q W V R I W K H S D U W L F L S D Q W V P L Q L P L ] H V W K H H Q Y L U R Q P H Q W D O L P S D F W L V W H F K Q L F D OO \ IH D V L E O H D Q G F R V W H I I H F W L Y H 7 K H ( 5 0 2 8 Z D V ¿ U V W H V W D E O L V K H G L Q W R G H Y H O R S $ ) R I V W R U D J H L Q W K H X S S H U ( D J O H 5 L Y H U th a t w o u l d b e s h a r e d ; 2 0 , 0 0 0 A F f o r C o l o r a d o S p r i n g s a n d A u r o r a , 1 0 , 0 0 0 A F f o r t h e V a i l C o n s o r t i u m w h i c h i n c l u d e s E R W S D , UR W A a n d t h e V a i l A s s o c i a t e s . ER W S D i s t h e s e c o n d l a r g e s t w a t e r p r o v i d e r i n t h e C o l o r a d o B a s i n a n d i n W e s t e r n C o l o r a d o . T h e E R W S D o p e r a t e s t h e U p p e r Ea g l e R e g i o n a l W a t e r A u t h o r i t y t h r o u g h c o n t r a c t a n d h a s s i n c e t h e A u t h o r i t y w a s c r e a t e d i n 1 9 8 4 . T h e s e r v i c e a r e a e x t e n d s f r o m ea s t V a i l t o W o l c o t t a n d i n c l u d e s V a i l , M i n t u r n , E a g l e - V a i l , A v o n , A r r o w h e a d , B e a v e r C r e e k , E d w a r d s , C o r d i l l e r a , a n d m a n y o t h e r ou t l y i n g d e v e l o p e d a r e a s . T h e E R W S D a n d U E R W A s e r v e a p p r o x i m a t e l y 6 0 , 0 0 0 p e o p l e d u r i n g t h e p e a k s e a s o n a n d h a v e t h e mo s t c o m p l e x w a t e r s y s t e m i n C o l o r a d o c o n s i s t i n g o f : 3 w a t e r p l a n t s , 1 7 w e l l s , 7 3 p r e s s u r e z o n e s , a n d 2 7 0 m i l e s o f w a t e r m a i n s ZL W K R Y H U I H H W R I H O H Y D W L R Q F K D Q J H 7 K H ( 5 : 6 ' X V H V W K H ( D J O H 5 L Y H U * R U H & U H H N D Q G W K H L U D T X L I H U V D V G L U H F W V X S S O L H V su p p o r t e d b y m i n i m a l s t o r a g e i n B l a c k L a k e s , E a g l e P a r k R e s e r v o i r a n d H o m e s t a k e R e s e r v o i r . T h e E R W S D i s a g o o d e x a m p l e RI W K H S R V L W L Y H E H Q H ¿ W V R I F R Q V R O L G D W L R Q R I P X O W L S O H Z D W H U V \ V W HP V L Q W R R Q H U H J L R Q D O V \ V W H P 7 K H F R Q V R O L G D W H G P D Q D J H P H Q W R I W K H ER W S D h a s a l l o w e d f o r c o o p e r a t i o n a n d s t r o n g c o a l i t i o n s w i t h m u n i c i p a l i t i e s a n d t h e s k i i n d u s t r y t h r o u g h V a i l R e s o r t s a n d E a g l e &R X Q W \ 7 K L V F R R S H U D W L R Q K D V U H V X O W H G L Q D Z H O O P D Q D J H G H I ¿ F L H Q W X P E U H O O D D J H Q F \ W K D W F R X O G V H U Y H D V D P R G H O I R U P D Q \ R W K H U FR P S H W L Q J Z D W H U V \ V W H P V W K U R X J K R X W W K H & R O R U D G R % D V L Q W K D W Q R W RQ O \ V X S S O L H V G U L Q N L Q J Z D W H U E X W S U R Y L G H V H Q Y L U R Q P H Q W D O À R Z V Se v e r a l m u n i c i p a l g o v e r n m e n t s i n c l u d i n g t h e T o w n o f V a i l , T o w n o f A v o n , a n d T o w n o f E a g l e c o n t i n u e t o i n i t i a t e p r o a c t i v e SU R J U D P V W R D G G U H V V W K H H [ L V W L Q J Z D W H U T X D O L W \ L P S D L U P H Q W L V V X H V D O O R F D W L Q J V L J Q L ¿ F D Q W ¿ Q D Q F L D O U H V R X U F H V D Q G S H U V R Q Q H O W L P H R Q re s e a r c h , s t o r m w a t e r i m p r o v e m e n t s , l a n d p l a n n i n g , a n d c o m m u n i t y o u t r e a c h . E a g l e C o u n t y g o v e r n m e n t s u p p o r t s p r o g r e s s i v e la n d u s e c o d e s a n d c o n t i n u e s t o i n v e s t h e a v i l y i n r e c r e a t i o n a l a c c e s s a n d s t r e a m - r e l a t e d am e n i t i e s t h a t s u p p o r t t h e r e c r e a t i o n - b a s e d e c o n o m y . I n G y p s u m ’ s p l a n n i n g d o c u m e n t s , WK H 7 R Z Q ¶ V J R D O V L Q F O X G H F R Q W L Q X R X V O \ S U R Y L G L Q J D G H T X D W H K L J K T XD O L W \ Z D W H U I R U V H U Y L F H to i t s c i t i z e n s f o r p o t a b l e a n d b u s i n e s s n e e d s . O t h e r T o w n g o a l s i n c l u d e e n s u r i n g t h a t PL Q L P X P L Q V W U H D P À R Z V D U H P H W D Q G O R F D O U L Y H U K D E L W D W L V S U R W H FW H G D Q G L P S U R Y H G $ V SD U W R I D O O G H Y H O R S P H Q W D S S U R Y D O W K H 7 R Z Q U H T X L U H V Q H Z G H Y H O R S PH Q W V W R G H G L F D W H Z D W H U to t h e T o w n t o c o v e r n e w u s e s ( K r o p f , 2 0 1 4 ) . T h e T o w n o f E a g l e ’ s w a t e r p l a n n i n g e f f o r t s ar e a n e x c e l l e n t e x a m p l e o f c o l l a b o r a t i o n a n d l o n g r a n g e p l a n n i n g . W i t h t h e c o n s t r u c t i o n of t h e L o w e r B a s i n W a t e r T r e a t m e n t P l a n t , t h e T o w n o f E a g l e w i l l h a v e r e d u n d a n t s u p p l y an d t r e a t m e n t f r o m t h r e e d i f f e r e n t s o u r c e s , U p p e r B r u s h C r e e k , L o w e r B r u s h C r e e k a n d th e E a g l e R i v e r . T h e T o w n o f E a g l e h a s s t r a t e g i c a l l y p l a n n e d w a t e r m a n a g e m e n t i n B r u s h Cr e e k b y c o o p e r a t i n g w i t h n e w d e v e l o p m e n t s a n d a g r i c u l t u r a l c o m m u n i t i e s . Ex a m p l e s o f o t h e r e f f o r t s t o s u p p o r t t h e e n v i r o n m e n t a l a n d r e c r e a t i o n a l n e e d s w i t h i n t h i s re g i o n i n c l u d e t h e G o r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t P l a n , t h e C a m p H a l e - E a g l e Ri v e r H e a d w a t e r s C o l l a b o r a t i v e R e s t o r a t i o n I m p l e m e n t a t i o n P l a n a n d t h e N W C C O G 2 0 8 WQ M a n a g e m e n t P l a n s . A d d i t i o n a l l y t h e E a g l e R i v e r W a t e r s h e d P l a n o u t l i n e s s e v e r a l ne e d s a n d p r o j e c t s t h a t w i l l r e s t o r e a n d m a i n t a i n h e a l t h y r i v e r s , s t r e a m s a n d e c o s y s t e m s in t h e E a g l e R i v e r R e g i o n . T h e E a g l e R i v e r W a t e r s h e d P l a n , u p d a t e d i n 2 0 1 3 , p r o v i d e s co n s e n s u s - b a s e d , s t a k e h o l d e r d e v e l o p e d g u i d a n c e f o r t h e e n t i r e E a g l e R i v e r B a s i n . T h e pu r p o s e o f t h i s p l a n i s t o e n s u r e w a t e r r e l a t e d v a l u e s a r e p r o t e c t e d a n d e n h a n c e d n o t o n l y in t h e f a c e o f o u t - o f - b a s i n p r e s s u r e s , b u t e s p e c i a l l y i n r e l a t i o n t o i n - b a s i n g r o w t h ( E R W C , 20 1 4 ) . O v e r a l l , t h e w a t e r p r o v i d e r s a n d c o m m u n i t y w i t h i n t h e E a g l e R i v e r R e g i o n s u p p o r t st o r a g e o n t h e E a g l e R i v e r f o r E a g l e R i v e r u s e r s a n d p u r p o s e s , m o r e l i k e l y o n a s m a l l e r sc a l e . L o c a l c o n t r o l f o r l a n d u s e p l a n n i n g a n d w a t e r u s e i s a n i m p o r t a n t w a t e r m a n a g e m e n t to o l f o r m o s t m u n i c i p a l i t i e s a n d w a t e r p r o v i d e r s . 3U R M H F W V L G H Q W L ¿ H G L Q W K H & 5 & $ W K H ( D J O H 5 L Y H U 0 2 8 D Q G W K H ( D J OH 5 L Y H U : D W H U V K H G 3O D Q L V L Q F O X G H G L Q W K H I R O O R Z L Q J W D E O H V 7 D E O H K L J K O L J K W V W K H W R S V S H F L ¿ F W K H P H V D Q G vu l n e r a b i l i t i e s , m e t h o d s a n d p r o j e c t s f o r t h e E a g l e R i v e r R e g i o n . T a b l e 1 7 i n c l u d e s a f u l l li s t o f p r o j e c t s i n a l l p h a s e s f r o m c o n c e p t u a l t o j u s t b e f o r e c o n s t r u c t i o n i n t h e E a g l e R i v e r Re g i o n . F i g u r e s 2 0 - 2 2 d e p i c t t h e c o n s u m p t i v e u s e s , e n v i r o n m e n t a l a n d r e c r e a t i o n a l FR Q G L W L R Q V D Q G W K H W R S S U R M H F W V L G H Q W L ¿ H G I R U W K L V U H J L R Q Re g i o n a l B r e a k d o w n ( c o n t ) Se c t i o n 6 Figure 20.85 Figure 21. 86 Figure 22.87 Co l o r a d o B a s i n I m p l e m e n t a t i o n P l a n CO L L A B O R A T I N G O N C O L O R A D O ’ S W A T E R P L A N 88 Colorado Basin Roundtable Ta b l e 1 6 . E a g l e R i v e r R e g i o n T h e m e s a n d S u p p o r t i n g V u l n e r a b i l i t i e s . Th e m e s a n d S u p p o r t i n g V u l n e r a b i l i t i e s Me t h o d s Identified Projects Pr o t e c t a n d R e s t o r e H e a l t h y S t r e a m s , R i v e r s , L a k e s a n d R i p a r i a n A r e a s - A u a t i c e n v i r o n m e n t a l h a b i t a t d e g r a d a t i o n 8 Q P H W L Q V W U H D P QR Q F R Q V X P S W L Y H ÀRZ V - I m p a c t s t o t o u r i s m a n d r e c r e a t i o n e c o n o m i e s 1 - I m p a c t s b y e x i s t i n g a n d p o t e n t i a l a d d i t i o n a l t r a n s m o u n t a i n a n d i n - b a s i n d i v e r s i o n s - E a g l e R i v e r M O U - C R C A - U t i l i z e l o c a l g o v e r n m e n t l a n d u s e a u t h o r i t y t o p r o t e c t s t r e a m h e a l t h ( Y D O X D W H D Q G X S K R O G L Q V W U H D P ÀRZ O H Y H O V - 2 0 1 3 E a g l e R i v e r W a t e r s h e d P l a n - T o u r i s m a n d r e c r e a t i o n e c o n o m y 1 n e e d s a n d f u n d i n g o p p o r t u n i t i e s - R e g i o n a l S e c t i o n 2 0 8 W a t e r Q u a l i t y M a n a g e m e n t P l a n - E a g l e R i v e r M O U l i s t e d p r o j e c t s - G o r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t P l a n - A b r a m s C r e e k C u t t h r o a t T r o u t I m p r o v e m e n t s &5&$ L G H Q W L ¿HG S U R MHF W V - W a t e r p r o v i d e r c o n s e r v a t i o n p r o j e c t s - E a g l e M i n e R e c l a m a t i o n - C a m p H a l e R e s t o r a t i o n - R e - e v a l u a t i n g e x i s t i n g I S F s 4XD Q W L I\ LQ JU H F U H D W L R Q D O Q H H G V L Q O R Z H U Y D O O H \FRPPXQLWLHV 7 K R U R X JK H [ D P L Q D W L R Q R ID O O Q H Z P D MRUGLYHUVLRQVDQGVWRUDJHSURMHFWVIRULPSDFWVWRZDWHUTXDOLW\DQG ua n t i t y Su s t a i n A g r i c u l t u r e - R e d u c e d a g r i c u l t u r e i r r i g a t e d a c r e s - U s e s u g g e s t i o n s p r e s e n t e d i n t h e A g r i c u l t u r e T o o l b o x 2, 3 , 4 & R Q W L Q X H G X V H D Q G S R O L F L H V W R S U R W H F W V H Q L R U Z D W H U U L JKW V L Q D 3 U L R U $S S U R S U L D W L R Q V \VW H P S D U W L F X O D U O \W K R V H U L JKW V se n i o r t o 1 9 2 2 C o l o r a d o R i v e r C o m p a c t 7 R Z Q S O D Q Q L Q JG R F X P H Q W V V X S S R U W F R Q W L Q X H G D JUL F X O W X U D O O D Q G X V H - G y p s u m ’ s L . E . D . E . R e s e r v o i r Se c u r e S a f e D r i n k i n g W a t e r 6RX U F H Z D W H U V K H G G H JUD G D W L R Q - E x t e n d e d d r o u g h t & R R U G L Q D W H Z L W K F R Q V H U Y D W L R Q G L V W U L F W V D Q G 8 S S H U & R O R U D G R W R L G H Q W L I \V R X U F H Z D W H U V K H G S U R W H F W L R Q S U R MHF W V - E a g l e R i v e r M O U - I m p l e m e n t E R W & S D F i r e p r e p a r e d n e s s p l a n , P S O H P H Q W &RP P X Q L W \: L O G ¿UH 3 U R W H F W L R Q 3 O D Q - E a g l e R i v e r M O U l i s t e d p r o j e c t s - E a g l e P a r k R e s e r v o i r E n l a r g e m e n t - R e d C l i f f P r o j e c t ( I r o n M o u n t a i n ) - E a g l e M i n e R e c l a m a t i o n De v e l o p L o c a l W a t e r C o n s c i o u s L a n d U s e S t r a t e g i e s *UR Z W K G H Y H O R S P H Q W L P S D F W L Q JZ D W H U V X S S O L H V D Q G H Q Y L U R Q P H Q W D O Q H H G V - E a g l e R i v e r M O U / L P L W L Q JG H Y H O R S P H Q W W R Z L W K L Q X U E D Q E R X Q G D U L H V 3 U R P R W H Z D W H U F R Q V F L R X V JUR Z W K G H Y H O R S P H Q W W K U R X JK L P S U R Y H G O D Q G X V H S R O L F L H V 5 H Y L H Z ( D JOH &RX Q W \O D Q G X V H S R O L F L H V ( Q V X U H Q H Z G H Y H O R S P H Q W D S S U R S U L D W H O \LQFRUSRUDWHVZDWHUUHODWHGYDOXHV - W a t e r p r o v i d e r c o n s e r v a t i o n p r o j e c t s , P S O H P H Q W Q H Z W H F K Q R O R JLH V D Q G % 0 3 V W R P L W L JDWHXUEDQUXQRIIRQQHZGHYHORSPHQWV En c o u r a g e a H i g h L e v e l o f B a s i n w i d e C o n s e r v a t i o n 0 X Q L F L S D O D Q G D JUL F X O W X U D O Z D V W H G X H W R V W D W H O D Z V S U R P R W L Q J³XV H L W R U O R V H L W ´ ( Y D O X D W H V W D W H Z D W H U S R O L F \ D Q G O D Z I R U R S S R U W X Q L W L H V W R L P S O HP H Q W H I IH F W L Y H F R Q V H U Y D W L R Q II 5 H F R JQL ] H W K H G L V F U H S D Q F L H V D Q G F R Q W U D G L F W L R Q V E H W Z H H Q W K H F X U U H Q W Z DW H U U L JKW V V \VW H P D Q G F R Q V H U Y D W L R Q no n c o n s u m p t i v e g o a l s - W o r k l o c a l l y t o r e d u c e c a l l s o n G y p s u m C r e e k t h a t d r y t h e c r e e k 7 R Z Q F R G H D G R S W L R Q R IG U R X JKW V W D JHV IRU U H G X F H G Z D W H U X V H 7 R Z Q F R G H O D Q G X V H S U R Y L V L R Q V L Q F O X G H V O L P L W V R Q L U U L JDW L R Q R Q D S H U O R W E D V L V $ JUH H P H Q W V H [ L V W E H W Z H H Q *\ SV X P D Q G W K H &RO R U D G R 5 L Y H U : D W H U &RQ V H U Y D W L R Q ' L V W U L F W W R X S K R O G L Q V W U H D P ÀRZ V 0 H W H U L Q JD Q G L Q F U H D V L Q JU D W H V W U X F W X U H I R U K L JKH U Z D W H U X V H H Q F R X U D JHV F R Q V H U Y D W L R Q - W a t e r p r o v i d e r c o n s e r v a t i o n p r o j e c t s Se c t i o n 6 . 4 - E a g l e R i v e r R e g i o n Re g i o n a l B r e a k d o w n ( c o n t ) Se c t i o n 6 Co l o r a d o B a s i n I m p l e m e n t a t i o n P l a n CO L L A B O R A T I N G O N C O L O R A D O ’ S W A T E R P L A N 89 Co l o r a d o B a s i n R o u n d t a b l e Ta b l e 1 7 . E a g l e R i v e r R e g i o n C o m p r e h e n s i v e L i s t o f P r o j e c t s . Re g i o n a l B r e a k d o w n ( c o n t ) Pr o j e c t s , P o l i c i e s a n d P r o c e s s Be n e f i c i a r y Pr o j e c t Sp o n s o r Da t a So u r c e s Pr o p o s e d (A F , C F S , ot h e r ) Ex i s t i n g (A F , C F S , ot h e r ) P r o g r e s s Comments (O p p o r t u n i t i e s a n d / o r C o n s t r a i n t s ) ER M O U P r o j e c t Th e E R M O U J o i n t U s e W a t e r P r o j e c t ( E R M O U P r o j e c t ) d e r i v e s f r o m t h e 1 9 9 8 E a g l e R i v e r M O U a m o n g Ea s t a n d W e s t S l o p e w a t e r u s e r s f o r d e v e l o p m e n t o f a j o i n t u s e w a t e r p r o j e c t i n t h e E a g l e R i v e r b a s i n t h a t mi n i m i z e s e n v i r o n m e n t a l i m p a c t , i s c o s t e f f e c t i v e , t e c h n i c a l l y f e a s i b l e , c a n b e p e r m i t t e d b y l o c a l , s t a t e a n d fe d e r a l a u t h o r i t i e s , a n d p r o v i d e s 2 0 , 0 0 0 a c r e f e e t p e r y e a r ( A F Y ) a v e r a g e a n n u a l y i e l d f o r E a s t S l o p e u s e , $ ) < ¿ U P G U \ \ H D U \ L H O G I R U : H V W 6 O R S H X V H D Q G $ ) RI U H V H U Y R L U F D S D F L W \ I R U & O L P D [ 0 R O \ E G H Q X P Co . T h e E R M O U P r o j e c t i s p r o p o s e d a s a c o o p e r a t i v e a l t e r n a t i v e t o c o n s t r u c t i o n o f t h e H o m e s t a k e I I P r o j e c t in t h e H o l y C r o s s W i l d e r n e s s . T h e E R M O U P r o j e c t w i l l u t i l i z e c o n d i t i o n a l w a t e r r i g h t s h e l d b y t h e E R M O U Pa r t i e s a n d a y e t - t o - b e d e t e r m i n e d c o m b i n a t i o n o f g r a v i t y d i v e r s i o n , s t o r a g e , p u m p i n g , a n d / o r g r o u n d w a t e r in f r a s t r u c t u r e t o d e v e l o p t h e c o n t e m p l a t e d p r o j e c t y i e l d . ER M O U P a r t i e s i n c l u d e : Ci t i e s o f A u r o r a a n d C o l o r a d o S p r i n g s ; E a g l e P a r k R e s e r v o i r C o m p a n y ( c o n s i s t i n g o f t h e C o l o r a d o R i v e r W a t e r Co n s e r v a t i o n D i s t r i c t , E a g l e R i v e r W a t e r & S a n i t a t i o n D i s t r i c t , U p p e r E a g l e R e g i o n a l W a t e r A u t h o r i t y a n d V a i l As s o c i a t e s , I n c . ) ; a n d C l i m a x M o l y b d e n u m C o m p a n y ER M O U P a r t i e s E R M O U P a r t i e s ER M O U Pa r t i e s 20 , 0 0 0 A F Y a v e r a g e an n u a l y i e l d f o r Ci t i e s , 1 0 , 0 0 0 A F Y ¿U P G U \ \ H D U \ L H O G fo r t h e R e s e r v o i r Co . , 3 , 0 0 0 A F st o r a g e s p a c e f o r Cl i m a x 25 0 0 A F O n g o i n g Pr o g r e s s o n t h e E R M O U P r o j e c t h a s b e e n c o n t i n u o u s s i n c e 1 9 9 8 , w i t h d e v e l o p m e n t a n d u s e o f WK H ( D J O H 3 D U N 5 H V H U Y R L U D V D S K D V H F R P S R Q H Q W R I W K H 3 U R M H F W L QYHVWLJDWLRQRIVSHFL¿FSURMHFW FR Q ¿ J X U D W L R Q V G H V F U L E H G L Q W K H ( 5 0 2 8 L Q Y H V W L J D W L R Q R I D O W H U Q D W L Y H S U R M H F W F R Q ¿ J X U D W L R Q V D Q G DF T X L V L W L R Q D Q G D G M X G L F D W L R Q R I Z D W H U U L J K W V W R E H X V H G I R U W K H (50283URMHFW&XUUHQWO\WKH Pr o j e c t S p o n s o r s a r e c o n t i n u i n g i n v e s t i g a t i o n s t o e v a l u a t e t h e “ W h i t n e y C r e e k ” a l t e r n a t i v e , co n s i s t i n g o f a s u r f a c e d i v e r s i o n f r o m t h e E a g l e R i v e r i n t h e a r e a o f C a m p H a l e w i t h a d u a l pu r p o s e s t o r a g e r e s e r v o i r / p u m p i n g f o r e b a y o n H o m e s t a k e C r e e k t o s t o r e W e s t S l o p e y i e l d , an d r e g u l a t e a n d f e e d E a s t S l o p e y i e l d u p t o H o m e s t a k e R e s e r v o i r . T h e P r o j e c t S p o n s o r s h o p e WR F R Q G X F W ¿ H O G U H V H U Y R L U V L W L Q J V W X G L H V I R U W K L V S R V V L E O H S U R M HFWFRPSRQHQWGXULQJWKHVXPPHU of 2 0 1 4 . T h e y w i l l c o n t i n u e t o e x a m i n e a d d i t i o n a l p r o j e c t v a r i a t i o n s a n d c o m p o n e n t s t h a t w i l l b e ne e d e d t o d e v e l o p t h e f u l l y i e l d c o n t e m p l a t e d f o r t h e E R M O U P r o j e c t . Re d C l i f f P r o j e c t ( I r o n M o u n t a i n ) CR W C D ER M O U Pr o j e c t 60 , 0 0 0 A F Fr y i n g p a n P r o j e c t ER M O U Pr o j e c t Ea g l e P a r k R e s e r v o i r E n l a r g e m e n t Mu n i c i p a l , en v i r o n m e n t a l ER W S D , UR W A 5, 0 0 0 A F De c r e e d T h i s i s a l r e a d y d e c r e e d , h a s f e w i f a n y e n v i r o n m e n t a l i s s u e s , a n d i s l i k e l y t o b e u p t o 5 , 0 0 0 ± A F . 6: 6 , V X P P H U E D V H À R Z S U R M H F W R Q ( D J O H 5 L Y H U 3 U R E O H P L G H Q W L ¿ H G Q R V R O X W L R Q V L G H Q W L ¿ H G no n c o n s u m p t i v e C P W NC N e e d s As s m t 7K L V S U R M H F W L V V S H F L ¿ F D O O \ L Q W H Q G H G W R D G G U H V V F K D Q J H V W R O D W H VXPPHUDQGIDOOUHWXUQÀRZV du e t o c h a n g e s i n l a n d u s e w i t h i n t h e E a g l e R i v e r c o r r i d o r ( p r i m a r i l y a g c o n v e r s i o n ) . M u l t i p l e SU R M H F W V L G H Q W L ¿ H G Z L W K L Q W K L V P D W U L [ 0 $ < S U R Y L G H W K L V U H O L H I L ISURSHUFRRUGLQDWLRQDQGRSHUDWLRQV in t e g r a t e d i n t o p r o j e c t . Ab r a m s C r e e k c u t t h r o a t t r o u t h a b i t a t i m p r o v e m e n t s - P r o j e c t i n v o l v e s w o r k i n g w i t h p r i v a t e e n t i t y t o i m p r o v e ÀR Z F R Q G L W L R Q V E H O R Z K H D G J D W H W R S U R W H F W D Q G H [ S D Q G Q D W L Y H F X W W K U R D W W U R X W S R S X O D W L R Q no n c o n s u m p t i v e C P W NC N e e d s As s m t 'H W D L O V R I S U R M H F W \ H W W R E H G H W H U P L Q H G & R Q F H S W V L Q F O X G H G L W F K HI¿FLHQFLHVDQGKDELWDW im p r o v e m e n t s ; d i s c u s s i o n s o n g o i n g . Wo l c o t t R e s e r v o i r - 1 0 5 , 0 0 0 A F r e s e r v o i r o n A l k a l i C r e e k · T r i b u t a r y t o E a g l e R i v e r n e a r W o l c o t t , C o l o r a d o · L o c a t e d p r i m a r i l y o n p r i v a t e l a n d o w n e d b y D e n v e r W a t e r · 1 5 0 c f s p u m p s t a t i o n f r o m C o l o r a d o a n d E a g l e R i v e r s · 3 7 0 f t p u m p i n g l i f t · F i r m y i e l d o f a b o u t 4 7 , 0 0 0 A F · M u l t i - p u r p o s e p r o j e c t w i t h m a n y s t a g i n g o p p o r t u n i t i e s De n v e r W a t e r , ER W S D , C R W C D 10 , 8 2 5 S t u d y / CR C A 10 5 , 0 0 0 A F - M u l t i - p u r p o s e a s p e c t o f t h i s a l t e r n a t i v e r a i s e s s u b s t a n t i a l E a s t S l o p e / W e s t S l o p e i s s u e s ( i . e . Gr e e n M o u n t a i n P u m p b a c k ) - T h e l a r g e s i z e a n d t h e m u l t i - p u r p o s e a s p e c t o f t h i s a l t e r n a t i v e w i l l p r o l o n g i m p l e m e n t a t i o n t i m e * U D Q G 9 D O O H \ Z D W H U S U R Y L G H U V D U H F R Q F H U Q H G W K D W U H V H U Y R L U U H O HDVHVZLOOGHJUDGHZDWHUTXDOLW\RI lo w e r C o l o r a d o R i v e r - S u m m i t C o u n t y w i l l n o t s u p p o r t t h i s - i t w a s n o t i n c l u d e d i n C R C A p u r p o s e f u l l y . ( G r e e n 0R X Q W D L Q 3 X P S E D F N F D X V H V Z D W H U T X D O L W \ O D Q G G L V W X U E D Q F H L P S D F W VWKDWDUHQRWDFFHSWDEOHWR Su m m i t C o u n t y o r S i l v e r t h o r n e . ) - H u g e p o w e r c o n s u m p t i o n . 7 K L V S U R M H F W Z L O O U H G X F H À R Z V I U R P % O X H 5 L Y H U E H O R Z * U H H Q 0 R XQWDLQ5HVDOOWKHZD\GRZQ st r e a m t o D o t s e r o o n t h e C o l o r a d o R i v e r , t h r u W i l d & S c e n i c r e a c h e s 1 H J D W L Y H Z D W H U T X D O L W \ L P S D F W V R Q ( D J O H 5 L Y H U E H O R Z G L Y H U V L R Q S R L Q W U H G X F L Q J S H D N À R Z V U L J K W DE R Y H 0 L O N & U H H N F R Q À X H Q F H Z K L F K L V K L J K H V W V H G L P H Q W L P S D F W R Q W K H ( D J O H 5 L Y H U Re g i o n a l B r e a k d o w n ( c o n t ) Se c t i o n 6 . 4 - E a g l e R i v e r R e g i o n Section 6 Co l o r a d o B a s i n I m p l e m e n t a t i o n P l a n CO L L A B O R A T I N G O N C O L O R A D O ’ S W A T E R P L A N 90 Colorado Basin Roundtable Pr o j e c t s , P o l i c i e s a n d P r o c e s s Be n e f i c i a r y Pr o j e c t Sp o n s o r Da t a So u r c e s Pr o p o s e d (A F , C F S , ot h e r ) Ex i s t i n g (A F , C F S , ot h e r ) P r o g r e s s Comments (O p p o r t u n i t i e s a n d / o r C o n s t r a i n t s ) Wo l c o t t R e s e r v o i r A g r e e m e n t - A n y d e v e l o p m e n t a n d u s e o f W o l c o t t R e s e r v o i r s h a l l b e i n c o m p l i a n c e w i t h th e t e r m s o f t h e s e t t l e m e n t a g r e e m e n t b e t w e e n D e n v e r W a t e r a n d t h e E a g l e R i v e r W a t e r & S a n i t a t i o n D i s t r i c t DQ G 8 S S H U ( D J O H 5 H J L R Q D O : D W H U $ X W K R U L W \ D Q G W K H V X E V H T X H Q W G H F UH H V L Q : D W H U ' L Y L V L R Q 1 R & D V H 1 R V 02 C W 1 2 5 a n d 0 7 C W 1 2 6 . De n v e r W a t e r , ER W S D , U E R W A CR C A Wo l c o t t R e s e r v o i r . T h e C o l o r a d o R i v e r W a t e r C o n s e r v a t i o n D i s t r i c t c o n v e y e d 6 0 0 A F o f i t s w a t e r r i g h t i n t h e Wo l c o t t R e s e r v o i r t o G y p s u m f o r i t s u s e . G y p s u m h a s d e c r e e d a l t e r n a t e p o i n t s o f d i v e r s i o n f o r t h i s r i g h t , a n d co n t i n u e d t o k e e p u p d i l i g e n c e o n t h i s c o n d i t i o n a l w a t e r r i g h t . To w n o f G y p s u m To w n o f Gy p s u m 'H Q Y H U : D W H U ( D J O H 5 L Y H U $ F T X L V L W L R Q V ' H Q Y H U : D W H U Z L O O Q R W V HH N D Q \ Q H Z D S S U R S U L D W L R Q R I Z D W H U L Q W K H (D J O H 5 L Y H U E D V L Q R U S X U V X H R U S D U W L F L S D W H L Q D Q \ D F T X L V L W L R Q R I Z D W H U U L J K W V R U D Q \ S U R M H F W W K D W Z R X O G U H V X O W L Q an y n e w d e p l e t i o n f r o m t h e E a g l e R i v e r b a s i n w i t h o u t t h e p r i o r a p p r o v a l o f t h e E a g l e C o u n t y C o m m i s s i o n e r s , th e C o l o r a d o R i v e r D i s t r i c t , t h e E a g l e P a r k R e s e r v o i r C o m p a n y , t h e E a g l e R i v e r W a t e r & S a n i t a t i o n D i s t r i c t , an d t h e U p p e r E a g l e R e g i o n a l W a t e r A u t h o r i t y . I n a d d i t i o n , t h e A b s t e n t i o n P r o v i s i o n s a p p l i e d i n A r t i c l e I o f th i s A g r e e m e n t p r o v i d e t h a t a n y e n t i t y r e c e i v i n g w a t e r f r o m D e n v e r W a t e r u n d e r a n y F u t u r e C o n t r a c t o r a n y co n t r a c t f o r R e u s a b l e R e t u r n F l o w s w i l l n o t s e e k a n y n e w a p p r o p r i a t i o n o f w a t e r , o r p u r s u e o r p a r t i c i p a t e i n a n y pr o j e c t . De n v e r W a t e r , ER W S D , U E R W A CR C A Ma c k i n n a w L a k e , B u r n s co n s u m p t i v e C B R T 5 0 0 A F Go r e C r e e k , W a t e r Q u a l i t y I m p r o v e m e n t P l a n n o n c o n s u m p t i v e ER W S D , V a i l Sk i , E a g l e C n t y , CR W C D CB R T Mi l k C r e e k , s e d i m e n t m i t i g a t i o n no n c o n s u m p t i v e C B R T W o u l d b e e x a c e r b a t e d b y W o l c o t t R e s e r v o i r d i v e r s i o n s f r o m t h e E a g l e R i v e r . Hi g h w a y 2 4 D i v e r s i o n : T h e H i g h w a y 2 4 d i v e r s i o n p r o j e c t i s l o c a t e d i n E a g l e C o u n t y n e a r t h e h i s t o r i c t o w n of G i l m a n a p p r o x i m a t e l y t w o ( 2 ) m i l e s n o r t h w e s t o f R e d c l i f f , C o l o r a d o . T h e m i n e s , s i t u a t e d o n t h e w e s t ÀD Q N R I % D W W O H 0 R X Q W D L Q Z H U H G H Y H O R S H G L Q W K H O D W H Q L Q H W H H Q W K FH Q W X U \ G X U L Q J W K H & R O R U D G R 6 L O Y H U % R R P an d w e r e m i n e d i n t e r m i t t e n t l y t h r o u g h t h e 1 9 3 0 ’ s w i t h o p e r a t i o n s a t t h e E a g l e M i n e c o n t i n u i n g u n t i l 1 9 8 4 . In e a r l y 2 0 1 3 , t h e D R M S w a s c o n t a c t e d b y t h e C o l o r a d o D e p a r t m e n t o f P u b l i c H e a l t h a n d E n v i r o n m e n t t o in v e s t i g a t e e l e v a t e d m e t a l s l o a d i n g t h e y w e r e s e e i n g i n t h e E a g l e R i v e r d u r i n g r u n o f f c o n d i t i o n s . F u n d i n g f o r th i s i n v e s t i g a t i o n w a s p r o v i d e d b y t h e F r e e p o r t M c M o R a n / D R M S C o o p e r a t i v e A g r e e m e n t u n d e r t h e “ R e d C l i f f Du m p s ” p r o j e c t . T h e H i g h w a y 2 4 D i v e r s i o n P r o j e c t i s a c o n t i n u a t i o n o f t h a t i n i t i a l i n v e s t i g a t i o n e f f o r t . no n c o n s u m p t i v e D R M S D R M S Ea g l e M i n e R e c l a m a t i o n no n c o n s u m p t i v e U S F S , C D P H E E R W C Cl i m a x M i n e R e c l a m a t i o n no n c o n s u m p t i v e ER W S D Ca m p H a l e R e s t o r a t i o n no n c o n s u m p t i v e U S F S , C D P H E E R W C En s u r i n g n e w d e v e l o p m e n t a n d l a n d u s e c h a n g e s a p p r o p r i a t e l y m a i n t a i n w a t e r - r e l a t e d v a l u e s s u c h a s r i p a r i a n IX Q F W L R Q Q R Q F R Q V X P S W L Y H À R Z V D Q G S K \ V L F D O V W U H D P L Q W H J U L W \ no n c o n s u m p t i v e E R W C ER W C Re - e v a l u a t i n g e x i s t i n g I S F s w i t h e n h a n c e d m e t h o d o l o g i e s a n d i n v e n t o r y i n g n e w s t r e a m s e g m e n t s t h a t cu r r e n t l y l a c k n e e d e d p r o t e c t i o n s no n c o n s u m p t i v e E R W C ER W C Ta b l e 1 7 . E a g l e R i v e r R e g i o n C o m p r e h e n s i v e L i s t o f P r o j e c t s . ( c o n t ) Se c t i o n 6 . 4 - E a g l e R i v e r R e g i o n Re g i o n a l B r e a k d o w n ( c o n t ) Se c t i o n 6 Co l o r a d o B a s i n I m p l e m e n t a t i o n P l a n CO L L A B O R A T I N G O N C O L O R A D O ’ S W A T E R P L A N 91 Co l o r a d o B a s i n R o u n d t a b l e Pr o j e c t s , P o l i c i e s a n d P r o c e s s Be n e f i c i a r y Pr o j e c t Sp o n s o r Da t a So u r c e s Pr o p o s e d (A F , C F S , ot h e r ) Ex i s t i n g (A F , C F S , ot h e r ) P r o g r e s s Comments (O p p o r t u n i t i e s a n d / o r C o n s t r a i n t s ) Qu a n t i f y i n g r e c r e a t i o n a l n e e d s m o r e c l e a r l y , a n d p o t e n t i a l l y p u r s u i n g a d d i t i o n a l R I C D s a s l o w e r - v a l l e y t o w n s re v i s i t e n g i n e e r e d s t r e a m r e c r e a t i o n f e a t u r e s no n c o n s u m p t i v e E R W C E R W C Im p l e m e n t i n g s t a t e - o f t h e - a r t t e c h n o l o g i e s a n d B M P s t o m i t i g a t e u r b a n r u n o f f o n n e w d e v e l o p m e n t s , a n d SH U K D S V H Y H Q W X D O O \ U H W U R ¿ W W L Q J W K H Y D O O H \ ¶ V H [ L V W L Q J G H Y H O R S P H Q WV no n c o n s u m p t i v e E R W C E R W C Th o r o u g h e x a m i n a t i o n o f a l l m a j o r d i v e r s i o n a n d s t o r a g e p r o j e c t s f o r t h e e f f e c t s t h e y w i l l h a v e o n e x i s t i n g w a t e r TX D O L W \ D Q G T X D Q W L W \ no n c o n s u m p t i v e E R W C E R W C L. E . D . E . R e s e r v o i r . G y p s u m o w n s t h e w a t e r r i g h t s . mu n i c i p a l , d o m e s t i c , co n s u m p t i v e , no n c o n s u m p t i v e , UH F U H D W L R Q D O ¿ U H pr o t e c t i o n a n d o t h e r de c r e e d u s e s . To w n o f G y p s u m To w n o f Gy p s u m 19 4 7 A F 94 7 A F Th e t o t a l v o l u m e o f d e c r e e d c a p a c i t y i s u p t o 1 , 9 4 7 A F ; t h e T o w n i s c o n s t r u c t i n g t h e r e s e r v o i r t o 94 7 A F i n 2 0 1 4 . Ey e L a k e R e s e r v o i r . T h i s i s a c o n d i t i o n a l w a t e r r i g h t , l o c a t e d o n R e d C r e e k , a t r i b u t a r y t o G y p s u m C r e e k . To w n o f G y p s u m To w n o f Gy p s u m Th e t o t a l p r o j e c t ’ s d e c r e e d v o l u m e i s f o r 6 0 0 A F , c o n d i t i o n a l . Sm a l l e r s t o r a g e d e d i c a t i o n s a r e e x p e c t e d t o o c c u r w i t h o t h e r d e v e l o p m e n t i n t h e T o w n b o u n d a r i e s . To w n o f G y p s u m To w n o f Gy p s u m Ta b l e 1 7 . E a g l e R i v e r R e g i o n C o m p r e h e n s i v e L i s t o f P r o j e c t s . ( c o n t ) Re g i o n a l B r e a k d o w n ( c o n t ) Se c t i o n 6 . 4 - E a g l e R i v e r R e g i o n Section 6 Aspen Journalism (https://aspenjournalism.org/2014/03/26/xcel-shoshone-hydro-plant-not-for-sale/) Xcel: Shoshone hydro plant not for sale By:BRENT GARDNER-SMITH | March 26, 2014 Library of Congress / Historical American Buildings Survey A historic photo of the Shoshone hydro plant, with U.S. 6 instead of I-70 in front of it. The plant, which opened in 1909, carries senior water rights from 1902 for 1,250 cfs. The water right now dominates the flow regime in the Colorado River. GLENWOOD SPRINGS — The Shoshone hydropower plant on the Colorado River is not for sale, according to Fred Eggleston, West Slope area manager for Xcel Energy, which owns the plant. “Shoshone is not for sale,” Eggleston told the Colorado River Basin Roundtable, which met Monday in Glenwood Springs, nine miles downstream from the Shoshone plant. “Don’t plan to sell it. Nothing in the future about selling it.” That may be good news to those on the West Slope who fear a Front Range utility will buy the plant, shut it down, and extinguish the plant’s senior water rights — resulting in less water in the lower Colorado River. Page 1of 6Xcel: Shoshone hydro plant not for sale | Aspen Journalism 2/16/2015http://aspenjournalism.org/2014/03/26/xcel-shoshone-hydro-plant-not-for-sale/ But it also means the plant’s fate is left in the portfolio of Xcel Energy (http://www.xcelenergy.com/About_Us/Our_Company/Company_Profile/Operations_at_a_Glance) , a regional utility based in Minneapolis that operates 25 other hydro plants, serves 3.4 million electricity customers in eight states, and sees $10.1 billion a year in revenue. Library of Congress / Historic American Buildings Survey A view, circa 1935, of the Shoshone hydro plant on the Colorado River east of Glenwood Springs. The plant went into operation in 1909. Setting the record straight Eggleston’s comments to the members of the Colorado roundtable were in response to an article (http://www.gjsentinel.com/S=09badb6979b18b3a78c0ceb0beab970f677ec402/news/articles/the-power-of-water-rights/) in The Daily Sentinel of Grand Junction on March 17 about the prospect of the plant being bought by West Slope interests. The Sentinel story quoted Louis Meyer of SGM Engineering, a consultant developing the Colorado roundtable’s “basin implement plan,” that buying the plant would be “one of the seminal things going forward in our plan.” The article included several references to the plant not being for sale, and stated there was “no indication for now that the Shoshone Generation Station is even for sale.” But an Xcel spokesman quoted in the story, Mark Stutz, said he couldn’t comment on whether the plant was for sale, or not. Page 2of 6Xcel: Shoshone hydro plant not for sale | Aspen Journalism 2/16/2015http://aspenjournalism.org/2014/03/26/xcel-shoshone-hydro-plant-not-for-sale/ That left the prospect lingering. And Eggleston told the roundtable meeting he wanted to clarify any “mis-information.” “Again, Xcel is not interested in selling,” Eggleston said. “They would not consider any first-right-of-refusals, or anything else that’s not within the interests of Xcel at this time.” Eggleston said the article in the Sentinel caught the attention of Ben Fowke, the company’s chairman, president and CEO. “It would be a good idea to do that every two or three years so that the executive management is reminded how important Shoshone is, and that Xcel Energy is making a commitment to everybody on the Western Slope to protect those water rights and operate that plant,” Eggleston said. Brent Gardner-Smith / Aspen Journalism The amount of water in the Colorado River below Loma depends in part upon the Shoshone hydro plant. Water for the West The real value of the Shoshone plant to the West Slope is its senior water rights from 1902, which keep up to 1,250 cubic feet per second of water flowing down the Colorado River. “The whole reason the West Slope, lead by the River District, would be interested in gaining the plant is because we want that water right held intact,” said Jim Pokrandt, a communications and education specialist with the Colorado River District. And he noted when the River District discusses the purchase of the plant, it is in the context of “if it were for sale, the River District would be interested in making sure that offer was explored.” Page 3of 6Xcel: Shoshone hydro plant not for sale | Aspen Journalism 2/16/2015http://aspenjournalism.org/2014/03/26/xcel-shoshone-hydro-plant-not-for-sale/ Pokrandt said he couldn’t specify an asking price, or a value for the hydro plant, which was built in 1909, other than in the “tens of millions of dollars.” And, he noted, the River District, or another entity, couldn’t buy it without additional tax revenue. Xcel spent $12 million to repair the plant after a penstock was blown out in 2007. The plant has two 7.5 megawatt generators, which Eggleston said together produce an average of 6.5 to 7 megawatts. He said while the generators have been recently refurbished, the plant’s turbine is over 100 years old and that limits production. The plant opened in 1909. Eggleston said the Shoshone plant is still important to Xcel as a generation plant, not so much for the revenue, but for its useful role in managing regional power distribution, especially now that the Cameo plant has been dismantled. Brent Gardner-Smith / Aspen Journalism This gateway in the Colorado River is just above the Utah state line. For much of the year, how much water is left in the river can depend on Shoshone's senior water right. It also depends on flows from the Gunnison River. Does Denver want it? Denver Water has long chafed at the restrictions imposed by Shoshone’s water rights, but Travis Thompson, media coordinator for the utility, said via email that “Denver Water has not made an offer to purchase the Shoshone plant over the last few decades, and there are no standing offers.” Page 4of 6Xcel: Shoshone hydro plant not for sale | Aspen Journalism 2/16/2015http://aspenjournalism.org/2014/03/26/xcel-shoshone-hydro-plant-not-for-sale/ Denver Water also drove the framing and adoption of the Colorado River Cooperative Agreement (CRCA (http://www.denverwater.org/SupplyPlanning/Planning/ColoradoRiverCooperativeAgreement/) ), signed in 2012 by a list of regional entities. “Under the CRCA, if Xcel decides to sell the Shoshone assets, they agree to do so in an open bidding arrangement,” Thompson, said. He added that if the West Slope wanted to buy the plant, Denver Water also agreed it would support the idea and “assist the West Slope in acquiring Shoshone assets.” But fear of Front Range water interests is still discernable in the Colorado River basin. On Monday, Chuck Ogilby, a member of the Colorado roundtable, read a passage from the group’s vision statement: “The Shoshone call shall be preserved and protected for the benefit of the West Slope. This is non-negotiable.” “Obviously, the group feels really, really strongly about that plant,” Ogilby said. In 2007 Xcel and Denver Water reached an agreement (http://www.crwcd.org/media/uploads/Shoshone_Agreement.pdf) that in future drought conditions, Xcel would run just one of the plant’s turbines and “relax” the plant’s call on the river down to 704 cfs for either a month in the spring, or longer, if conditions warranted. This "relaxation" has only been invoked only once, early in 2013, after two dry winters, according to Thompson. The deal allows Denver Water to fill its reservoirs earlier in some years, but it made people on the West Slope nervous. “For some of us anyway, we felt that we were compromised, that we weren’t able to be at the table,” Ogilby said of the deal (http://www.crwcd.org/media/uploads/Shoshone_agreement_06_facts.pdf) between Xcel and Denver Water. Eggleston responded by asking if it would be a good idea “to bring some of our folks from Denver over here” to talk with the roundtable’s members. “We can go as high up the food chain as we possibly can based on schedules,” he said about reaching out to Xcel executives. “That’s a great idea,” Pokrandt said. “As high up as you can go,” said another person from the back of the room. Meyer, the consultant for the roundtable, noted after Eggleston spoke that progress may have been just been made. “That is something that we have already accomplished in this process, to get his superiors to come to one of our upcoming meetings,” Meyer said. “The reason there is misinformation out there is that the Shoshone power plant is shrouded in mystery.” Editor’s note: Aspen Journalism’s Water Desk and the Aspen Daily News are collaborating on coverage of rivers and water. The Daily News published a version of the story (http://www.aspendailynews.com/section/home/161726) on Wednesday, March 26, 2014. STORIES FROM OTHER INN MEMBERS Highway Agency Takes a Hit Over Safety Report on Electronic Billboards (<a href="http://www.fairwarning.org/writer/myron-levin/" rel="tag">Myron Levin</a>, FairWarning| February 9, 2015) Page 5of 6Xcel: Shoshone hydro plant not for sale | Aspen Journalism 2/16/2015http://aspenjournalism.org/2014/03/26/xcel-shoshone-hydro-plant-not-for-sale/ Ashley Furniture, Fined For Workplace Safety Violations, Gets State Tax Credits (Madeleine Behr, Wisconsin Center for Investigative Journalism| February 6, 2015) Terrorism Fears Cut A Critical Lifeline To Somalia (Sarah Stuteville, The Seattle Globalist| February 6, 2015) More Stories From INN Members » Page 6of 6Xcel: Shoshone hydro plant not for sale | Aspen Journalism 2/16/2015http://aspenjournalism.org/2014/03/26/xcel-shoshone-hydro-plant-not-for-sale/ SPECIAL JOINT MEETINGS ATTORNEY REPORT September 18, 2014 ______________________________________________________________________________ TO: CRWCD BOARD OF DIRECTORS FROM: PETER C. FLEMING, GENERAL COUNSEL RE: BOARD ACTION AND DISCUSSION ITEMS FOR SEPTEMBER 18, 2014 SPECIAL JOINT MEETING, AND SPECIAL MEETING WITH SOUTHWESTERN WATER CONSERVATION DISTRICT ______________________________________________________________________________ A. Retention of Special Counsel. (River District Agenda Item 1.a). Board action requested to approve the retention of special counsel. At the July 2014 quarterly meeting, we discussed with the Board the topic of a West Slope effort to acquire the Shoshone Power Plant or undertake some other action to make the “Shoshone Call Flows” permanent. Interested West Slope parties have met three times to discuss those matters. As we anticipated, the group wishes to retain a financial consultant and special counsel with substantial experience in regulatory and transactional matters related to power generation facilities. As we also anticipated, the consensus of the West Slope group is that the River District is the appropriate entity to contract for those services on behalf of the West Slope. With respect to special counsel, the strong recommendation of the West Slope entities is that the River District retain Karl Kumli of Dietze and Davis, P.C., located in Boulder. Dan Birch, Eric Kuhn, and I fully agree and support that recommendation. I have met with Mr. Kumli several times to discuss the general concept of either acquiring the Shoshone Power Plant, its water right, and/or otherwise making the Shoshone Call Flows permanent. I am confident that Mr. Kumli will provide excellent advice to the West Slope group. I therefore recommend that the River District authorize staff and counsel to retain Mr. Kumli as special counsel to the River District to provide advice on the potential acquisition of the Shoshone Power Plant, its water rights, and/or to otherwise make the Shoshone Call Flows permanent. Mr. Kumli’s current rate for the work is $310 per hour, which is a discount from his standard billing rate. We currently are developing a short scope of work with the other West Slope SPECIAL JOINT MEETING – ATTORNEY REPORT – SEPTEMBER 18, 2014 PAGE 2 OF 3 entities to more specifically guide the project. We anticipate that the River District will enter into a cost-share and common-interest agreement with the other West Slope entities so that we can share the work-product with that group and so the costs are not borne solely by the River District. The specific cost-share has not been determined yet, but we suggest that the River District anticipate that it will cover 50% of the West Slope’s costs. Recall that, pursuant to the Colorado River Cooperative Agreement, Denver Water will reimburse the West Slope up to one-third of the costs of this effort, up to $100,000. The West Slope group still is in the process of interviewing potential financial consultants, so we do not yet have a recommendation to retain a specific consultant. B. Ad Hoc Group Discussion of Legislation regarding Changes of Water Rights. (Joint River District/Southwestern Agenda Item 5.b.v.). No action requested. Jason Turner and I have been participating in a group of water attorneys that has been discussing potential legislation related to changes of water rights. We have kept Chris Treese apprised of the group’s discussions. Currently, it is not clear whether any of the concepts discussed by the group will lead to any proposed legislation, but some members of the group are pushing to do so. The four primary topics discussed by the group are: 1. To specify that the quantification of historical consumptive use in a change of water right case is based on a representative period including wet, dry, and average water years and to further state that such representative period shall not include periods of non-use or periods of undecreed use. We have informed the group that the latter part of this proposal is not consistent with the River District’s position in the Busk-Ivanhoe case, and that we therefore likely would recommend that the River District oppose the latter provision of this proposal. 2. To provide that the historical consumptive use of a specifically-quantified and judicially approved water right shall not be subject to re-quantification in a subsequent proceeding. We believe that there are sound policy reasons to support this concept and anticipate working with the group further on this issue. 3. To provide that undecreed changes that occurred prior to June 7, 1969, in the type, place, or time of use, or means of a diversion of a water right, which do not involve changes in points of diversion or place of storage are not subject to challenge solely because they have not been adjudicated. We are still trying to understand the primary reasons for this proposal and any unintended adverse consequences. 4. To provide that a historical consumptive use analysis for a portion of a water right shall not be considered as evidence in a subsequent change of use for a different portion of the same water right. Similar to the issue above, we have been struggling to determine the precise intention of the group’s work on this proposal. SPECIAL JOINT MEETING – ATTORNEY REPORT – SEPTEMBER 18, 2014 PAGE 3 OF 3 We have not committed the River District to support (or oppose) any of these proposals but wanted to inform the Board that we have been participating in some, but not all, of the group’s discussions. We (and/or Chris) will report back to the Board further if the concepts develop into proposed legislation. In the meantime, please let me or Jason know if you have any questions or concerns. 00099151-1 MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. M E M O R A N D U M ATTORNEY-CLIENT COMMUNICATION PRIVILEGED AND CONFIDENTIAL TO: Virginia Egger and Eric Heil FROM: Jay Montgomery DATE: February 16, 2015 RE: Colorado River Compact Issues The purpose of this memorandum is to provide a brief update of my January 30, 2014 memorandum regarding the summary of some work done by Eric Kuhn, general manager of the Colorado River Water Conservation District (the “River District”), regarding the potential for a deficit in the upper basin states’ delivery obligations at Lee Ferry under the 1922 Colorado River Compact (“Compact”). That summary is included in its entirety here with updates as appropriate. In addition, this memorandum also provides an update on planning for Compact curtailment in the Colorado State Water Plan. Mr. Kuhn’s memorandum provides significant factual research and legal analyses relating to the possibility of curtailment of diversions and use under Colorado water rights in response to a deficit in the Upper Basin States’ delivery obligation. • In December 2012, the Bureau of Reclamation and the Colorado River basin states published a study entitled the “Colorado River Basin Water Supply and Demand Study.” The purpose of the study was informational, with specific attention paid to quantifying the present and predicted gaps between supply and demand. While the present demands of the Lower Basin states are outstripping their allotted supply, the situation in the Upper Basin is more complicated. Currently, through use of administration and storage, the Upper Basin states have been able to balance supply and demand. However, the study used modeling to predict changes to the hydrologic regime under two climate scenarios – 20th Century Observed (relatively wet) and Climate Change (drying) – and concluded that under a climate change hydrology regime, the risk of curtailment stemming from the Upper Basins’ inability to deliver adequate supplies of water at Lee Ferry, as required under the Compact, approaches 20% by 2040 and 25% by 2060. Based on this information, Reclamation has facilitated a number of meetings to discuss possible system-wide activities moving forward. • Within Colorado itself, HB-1177 (passed eight years ago) initiated a roundtable process designed to result in intra-state agreements/compacts pertaining to Colorado-specific curtailment scenarios. The roundtables have made progress on local issues – largely within their own basins – but have had difficulty when confronted with the so-called MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. MEMO TO: Virginia Egger and Eric Heil February 17, 2015 Page 2 00099151-1 “Front Range water supply gap.” This water supply gap is estimated to range between 500,000 to 1,000,000 acre-feet. While some roundtables have proposed new transmountain diversions to satisfy this gap, the Colorado Water Conservation Board (“CWCB”), in conjunction with the roundtables, has been unable to adequately answer the question of how much Colorado River water is actually available for new projects in Colorado. A CWCB draft report estimated the amount of available water to be between 0 and 1,000,000 acre-feet, depending on the assumptions made. • The Colorado roundtables have also been active in providing support to water users’ “scenario planning” processes. The goal of scenario planning is to encourage major utilities and businesses to consider a range of plausible water supply futures and make decisions that would work if any of the future scenarios occur. A particularly hot-button issue has been whether new Front Range diversions out of the Colorado River basin can be accomplished without increasing (or only minimally increasing) the risk of future curtailment on existing users. • The “water bank” concept was studied by the River District, and a draft report was issued in May 2013. The study concluded that water banking is a feasible concept on paper, but there remain a number of on-the-ground questions, including the practicalities of banking (i.e., delivering the water to where it needs to be), the political ramifications, and the legal feasibility of the program under existing water law. These questions must be answered before the River District or anyone else can provide a reasonably accurate estimate of how much water could be stored by a Colorado water bank. • When considering the amount of water available to Colorado – which in turn impacts the likelihood of curtailment and/or application of the 10-year penalty provision – the memo identifies the following three factors as determinative: o Delivery Obligation: Under the Compact, Mexico is entitled, in a normal year, to delivery of 1.5 maf/year. When a deficiency exists, the Upper and Lower Basins must each make up for half of the deficiency. However, calculating that deficiency is controversial. Depending on the method of calculation adopted for Mexico’s deficiency, the Upper Basin’s delivery obligation at Lee Ferry could be as high as 8.25 maf/year or as low as 7.25 maf/year. Because the issue is tied to Compact interpretation, it will only be resolved by a settlement between the Colorado River states or through a decision of the Supreme Court. o Hydrology: The availability of water will be impacted by the course of any climate change. Generally, if modeling relies on the historical records (20th Century Observed), the risk of future curtailment remains low. If modeling relies on climate change predictions (based on records from recent decades), the risk of future curtailment increases substantially. MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. MEMO TO: Virginia Egger and Eric Heil February 17, 2015 Page 3 00099151-1 o Demand: Demand will also impact the delivery of the Upper Basin’s 7.5 maf/year average annual water requirement at Lee Ferry (with no Mexico addition). Obviously, any upsurge in demand will increase the risk that there will be insufficient water delivered to Lee Ferry. The question is, however, “incrementally, how much additional risk is assumed when new development comes on-line?” New demands on the system have the potential to be the “tipping point,” triggering curtailment that would impact not only the new uses, but also all existing-post Compact uses. • Based on the above three factors, Mr. Kuhn used an available model to quantify the likelihood of Compact curtailment: o In the “worst-case scenario,” where a climate change hydrology regime is used, demand increases moderately, and the delivery obligation is found to be 8.25 maf/year, the risk of curtailment is between 25 and 30%. o In the “best-case scenario,” where the 20th Century Observed hydrology is used, current demand remains the same, and the delivery obligation is set at 7.5 maf/year with no Mexico deficiency, the risk of curtailment is less than 1%. o Mr. Kuhn states that, under current conditions over the course of the next decade, the less-than-1% risk of curtailment will probably remain true, but he believes that we are likely rapidly approaching a time of changed conditions, in which levels at risk will escalate. The level of that risk rises as the unprecedented drought in the West persists. Additional Storage Alone Not a Likely Antidote. As a postscript to the River District’s memorandum, we would note that obtaining additional storage alone would likely not ward off Compact curtailment as applied against Avon’s or the Authority’s water rights that are junior to the 1922 Compact. Storage is beneficial to the intra-state administration of water rights in Colorado. In a drought cycle, water can be released from storage to supplement the reduced natural flows, allowing locally calling senior water rights to be satisfied. While storage is useful for addressing short-term deficiencies in water supply within Colorado, it may be less effective to address long-term, basin-wide deficiencies. In contrast to intra-state administration, the Upper Basin States’ delivery requirement under the Compact is based on a ten- year moving average. Thus, releases from storage that satisfy in-state uses over a period of a few years will ultimately be inadequate to stave off long-term deficiencies arising from a prolonged dry period, increased Upper Basin demand, and/or a decision/agreement requiring the Upper Basin to deliver additional water at Lee Ferry to satisfy Mexico. MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. MEMO TO: Virginia Egger and Eric Heil February 17, 2015 Page 4 00099151-1 Once the Upper Basin States are running a deficit under the ten-year average as to their Lee Ferry delivery requirements and Compact curtailment has been triggered, storage reservoirs in the Upper Basin will be subject to Compact administration and not allowed to refill their vessels with their post-1922 water rights while the Compact deficit is being made up. This scenario greatly reduces the value of storage during Compact curtailment, and places a premium on water rights that are senior to the Compact (pre-1922), like most of Avon’s water rights. As Glenn Porzak pointed out in a 2004 analysis of the water rights of the Upper Eagle Authority members, the yield of Green Mountain Reservoir would be reduced in the event of a Compact call, with the result that water rights that are senior to the Compact (1922) but junior to the Shoshone Power Right in Glenwood Canyon (1902) might also be curtailed. Update on Colorado State Water Plan – Planning for Compact Curtailment. The State of Colorado is currently in the process of creating a State Water Plan to examine Colorado’s future water needs and plan for how these needs should be addressed. The first draft of the Colorado State Water Plan (“Plan”) was delivered to the Governor in December, 2014. One component of the Plan is planning for involuntary curtailment of water rights under the Compact. While the draft Plan does not provide many details on how water rights would be administered under such a scenario, it does generally discuss the need for an “insurance policy” to protect against involuntary curtailment for existing uses and to allow some reasonable increment of future development. In addition, the Plan specifically describes two programs that are currently evaluating Compact curtailment. The first is the Colorado River System Conservation Program, wherein four of the largest water providers in the basin, including Denver Water, and the Bureau of Reclamation have joined together to explore long-term, cooperative solutions to manage water demand. Examples from the program include temporary fallowing, upgrades to more efficient irrigation practices, and reuse and recycling of industrial and municipal supplies. The second program is the contingency planning effort among the Upper Basin States. This effort is focused on developing a strategy to keep Lake Powell and other reservoirs above critically low levels, protect power generation, and ensure the continued use and development of existing Upper Basin water supplies. As part of this planning effort, the parties are also evaluating ways to manage demand. During the development of the Plan, the Colorado River Basin roundtable has continued to emphasize that continued development from the mainstem of the Colorado River towards the Compact entitlement is not sustainable and that future water demands on the Front Range must be first met through reuse, conservation, and development of in-basin water supply projects instead of additional transmountain diversions. The Upper Eagle Regional Water Authority has submitted comments on the Plan and specifically requested that any State policies for meeting future water demands avoid new transmountain diversions that would adversely impact the State’s compliance with the Compact’s delivery requirements. MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. MEMO TO: Virginia Egger and Eric Heil February 17, 2015 Page 5 00099151-1 Interested parties can submit comments on the draft Plan until May 1, 2015. The final Plan is due to the Colorado Water Conservation Board in November, 2015 and the Governor in December, 2015. Conclusion. There are many variables and (as yet) unknowns in how a future Compact call would be responded to and administered by Colorado state water officials. Continued monitoring of the State Water Plan activities is recommended. I’ll be happy to discuss these issues in more detail at your convenience. :eV^!&RZZZP4`]`cRU`CZgVc4`^aRTed>V^` R_UAcVdV_eReZ`_ 00099150-4 Colorado River Compact “Water Bank” Proposal Prepared by Jay Montgomery, Richard Mehren and Anne Bensard for Avon Town Counsel Water Briefing, February 24, 2015 In the context of contingency planning for the possibility of a “call” for reduction or curtailment of diversions or storage of water in western Colorado to comply with Colorado River Compact obligations, the Colorado Water Conservation Board is considering a proposal to create a “water bank” for the benefit of western Colorado water users. The water bank would use Wolford Mountain Reservoir to store water under water rights that pre-date the Interstate Compact and to carry over the stored water from year-to-year as an emergency supply to lessen the impact of a Compact call on the entities that have contributed water to the bank. This proposal is in its infancy, but interest has been expressed by the Upper Eagle Regional Water Authority (“Authority”), the Eagle River Water and Sanitation District, and the Colorado River Water Conservation District. The text of a recent email from Authority water counsel Glenn Porzak discussing the proposal is reprinted at the end of this discussion. Mr. Porzak noted the potential benefit to western Colorado water users such as the Town of Avon (“Avon”), who might allow water in excess of their immediate needs to be used for that purpose. He also pointed out the need to get State water officials on board with any such proposal, because of the inherent risk to water rights when an application is filed in water court to adjudicate a change of the right. In order for excess water under the water rights of an entity such as Avon to be stored in Wolford Mountain Reservoir and used for the purposes of the proposed water bank, such a change of water right would be required. Whenever a water right is subject to such a change, there is a significant risk of re-quantification of the right and the State Engineer’s office is often the party to assert that such re-quantification is necessary. Generally, Colorado law requires that any decree approving a change of water right must assure that the new use does not expand the consumptive use of water under the right beyond the historical consumptive use. In an opinion just released on February 9, 2015, the Colorado Supreme Court clarified how such consumptive use limits are to be applied by the Court in cases where the rights at issue had been previously changed (as, for example, the senior agricultural rights of Avon that were changed and quantified for municipal use in decrees entered some 30 years ago). Wolfe v. Sedalia Water and Sanitation District, Colo. Sup. Ct. Case No. 14SA12 (Feb. 9, 2015). There, Justice Hobbs, writing for a unanimous court, said that “prolonged unjustified nonuse of a water right between entry of a prior change decree and application for a successive change decree may constitute a changed circumstance” that would open the door to re-quantification and reduction of the allowable consumptive use of the subject water right. For that reason, Mr. Porzak correctly urges caution when considering whether to seek a decree further changing the water rights of Authority members. The referenced email is re-printed on the following page. 00099150-4 Memorandum: To Board of Directors of the Upper Eagle Regional Water Authority From: Glenn Porzak, Water Counsel Subject: Colorado River Compact water bank The District and Authority have a combined total of approximately 3300 acre feet of historic consumptive use credits. The vast majority of these consumptive use credits are senior to the Colorado River Compact. Tom Williamsen estimates that approximately 2/3rds of these consumptive use credits are currently unused in the driest of years and provide no benefit to the District and Authority. Even a greater percentage are unused in an average water year. The Colorado River Water Conservation District recently approached the District and Authority to see if some of these unused consumptive use credits could be used prior to the time needed by the District and Authority to assist in creating a Colorado River Compact water bank. The River District’s initial idea was to store these consumptive use credits by exchange in Wolford Mountain Reservoir which is owned by the River District. As these consumptive use credits could be built up over time, a water bank could be established that could insulate the District and Authority and other west slope water users from a Compact call. A fee would be charged to the other west slope entities for using this bank which could generate revenue for the operation and maintenance of Wolford Mountain Reservoir. It could also reduce or eliminate the fee for the Wolford Mountain Reservoir water leased by the District and Authority. This is a way to place to an immediate use the consumptive use credits of the District and Authority that may not be needed for augmentation purposes for a number of years. The only potential risk to this plan is if the State and Division Engineers were to seek to requantify and reduce the consumptive use credits to account for the periods of nonuse. They might seek to do this in connection with the necessary Water Court application to store these credits by exchange in Wolford Mountain Reservoir. To prevent this from occurring, we indicated the need to get the State to support this proposal and to actually make the Compact water bank an element of the State Water Plan. In addition, we suggested even expanding this proposal where the foregoing Wolford Mountain Reservoir plan would be the initial step in developing a larger water bank where consumptive use credits owned by west and east slope water users would be stored in a future Wolcott Reservoir. If one could get a consortium of entities to make 10,000 acre feet of consumptive use credits available to store in Wolcott Reservoir, there would be a 100,000 acre feet Wolcott Reservoir in 10 years that was completely filled with pre-Compact water. This could go a long way in insulating east and west slope water users from a Compact call and would be an extremely valuable State resource that should attract State funding to pay for the cost of building Wolcott Reservoir. Thereafter, a smaller amount of consumptive use credits could be used to cover the reservoir evaporation losses to keep the reservoir full. This is exactly the type of creative solution to solving one of Colorado’s major future water issues that should be featured in the State Water Plan. Linn, Kristin, Bob Weaver and I recently met with John Currier and Hunter Causey from the River District to discuss this matter and there was great interest in pursuing these proposals. We will discuss these in greater detail with you at the February board Glenn E. Porzak STATE OF COLORADO Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, Colorado 80203 Phone: (303) 866-3441 Fax: (303) 866-4474 www.cwcb.state.co.us M E M O R A N D U M February 4, 2014 To: State of Colorado’s Colorado River Water Users From: John McClow Governor’s Representative on Colorado River Matters James Eklund Director, Colorado Water Conservation Board Re: Contingency Planning in the Colorado River Basin This memorandum is intended to inform Colorado stakeholders about the State of Colorado’s contingency planning efforts given the possibility of critically low Colorado River reservoir levels in the next several years. The Colorado River supplies water to most of Colorado’s 5 million people. Basin wide, it supplies 40 million people and irrigates over 6 million acres of agriculture in the Upper Basin (Colorado, New Mexico, Utah, Wyoming), the Lower Basin (Arizona, California, Nevada), and Mexico. According to the United States Conference of Mayors, the combined metropolitan areas served by the Colorado River represent the world's 12th largest economy, generating more than $1.7 trillion in Gross Metropolitan Product per year. The Colorado River system relies on two large regulating reservoirs: Lake Powell in the Upper Basin and Lake Mead in the Lower Basin. Lake Powell is the main storage unit of the Colorado River Storage Project (CRSP), the “bank account” that allows Colorado and the Upper Basin to meet our Colorado River Compact obligations. Electric power generation from Glen Canyon Dam at Lake Powell helps supply the electrical needs of 5.8 million people, including a significant number of people in Colorado. Revenue from hydropower generation is applied to several beneficial purposes, including salinity control projects and important environmental programs (such as the Upper Colorado River and San Juan Endangered Fish Recovery Programs and the Glen Canyon Dam Adaptive Management Program), repayment of the cost of constructing the CRSP facilities, and paying project operating costs. John Hickenlooper. Governor Mike King DNR Executive Director L. James Eklund CWCB Director Water Supply Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • Water Supply Planning & Finance Water Conservation & Drought Planning • Intrastate Water Management & Development Severe drought since 2000 and a supply-demand imbalance in the Lower Basin (i.e. more uses than inflow), have caused both reservoirs to approach critically low levels. The attached graph illustrates the impact on Lake Powell storage elevation if we experience continued drought conditions during the next few years that are similar to the hydrology witnessed during the 2000-2012 period. Unless something is done in response to these conditions, Lake Powell elevation could drop below the level at which the reservoir can generate hydroelectric power (minimum power pool). Allowing Lake Powell to fall below minimum power pool would lead to the following consequences: • Dramatically higher electric costs (potentially, current rates could increase two to four times) for customers in cities and towns, farms and ranches throughout much of Colorado and the elimination of funding for the important programs noted above that protect current and future water use in Colorado. • Reduced capacity to make releases from Glen Canyon Dam, resulting in releases that are insufficient to keep the Upper Basin on course to comply with the Colorado River Compact obligations that increases the risk of a Compact violation. A Compact violation could result in protracted litigation with the threat of curtailment of water uses throughout Colorado and the Upper Basin. • Risk imposition of federal management of Upper Basin reservoirs with diminished Colorado primacy on the management of the River and water rights. Should extreme drought conditions persist, proactive steps are necessary to protect the Upper Basin. In addition, Lower Basin actions to address shortages at Lake Mead should be accompanied by Upper Basin actions. This basin-wide approach is in the best interest of Colorado for several reasons: 1) Colorado needs to protect its use of Colorado River water; 2) Colorado must vigorously guard state primacy over Upper Basin water management; 3) Colorado stands to benefit from synergistic benefits arising from Lower Basin efforts; and, 4) Colorado must strategically position itself for future negotiations with the Lower Basin—we are better positioned to do this if we can actively manage proper water elevations in Lake Powell. In light of these real and immediate threats, the Governor’s Colorado River representative directed a group of Colorado water advisors to engage with the other six Colorado River Basin States in confidential brainstorming and system modeling for the purpose of developing an emergency response plan. The Upper Basin group members evaluated options that could be deployed in the near term to address Lake Powell elevations, and concluded that the Upper Basin can respond to this emergency by taking two actions: 1) releasing increased amounts of water to Lake Powell from other CRSP reservoirs in the Upper Basin; and, 2) implementing demand- management programs to bolster Lake Powell (e.g. voluntary lease-fallowing or deficit irrigation). Continuation of existing efforts, such as weather modification and phreatophyte 2 removal can also contribute, but these actions are less reliable. The additional water delivered to Lake Powell would be “system water” and would be carefully managed so that critical storage levels are maintained without triggering greater releases to the Lower Basin. The Upper Basin Commissioners have created two work groups to analyze the technical and legal challenges to accomplishing extended operation of CRSP reservoirs in the near future should the need arise, and to suggest ways to overcome these challenges within the Law of the River. The legal and technical work groups will also begin exploring the potential for implementing demand management programs in the Upper Basin. The Commissioners will review the work groups’ progress in early March and direct their continued efforts toward implementation of a response to critical decline in Lake Powell storage. Then, once a framework for these analyses is approved by the Commissioners, interested stakeholders will be invited to participate. We will be closely monitoring this winter’s hydrology to determine whether any of these options must be exercised to keep Lake Powell from reaching a critically low storage level. Moving forward, we will continue to update Colorado River stakeholders within Colorado as circumstances warrant. 3 Colorado River Storage Project Electricity Customers TOWN COUNCIL REPORT To: Honorable Mayor and Avon Town Council From: Matt Pielsticker, AICP, Planning Manager Date: February 19, 2015 Agenda Topic: Trails Advisory Group - Interviews & Appointments Summary At the February 24, 2015 meeting, Council will interview and appoint members of a Trails Advisory Group. The Trail Advisory Group will help direct recreational trail planning including the design, construction, and maintenance of existing and new trails. Appointees will serve as volunteers with a strong interest in supporting and enhancing the recreational trails program. Seven (7) applications were received for the seven (7) open seats. The letters of interest are attached to this Memorandum. Background During Open Houses held in May for trails planning on the West Avon Preserve, a formal Trails Advisory Group was discussed. This Trails Advisory Group is found in the Town of Avon Recreational Trails Master Plan (2009). The Town of Avon Recreational Trails Master Plan is an advisory document that is a sub-plan of the Avon Comprehensive Plan. It recommends the formation of a Trails Advisory Group to act as an advisory board to make recommendations on policy and construction/maintenance of trails and related projects. The appointment process for this group was discussed at the July 15th and October 14th Council meetings. It was agreed to move forward with advertisements in the Vail Daily and the solicitation of a seven (7) person group. The composition and the desire to include representation from the following general groups were discussed: • One (1) member to represent Beaver Creek Resort Company • One (1) full-time resident of Singletree Community • One (1) full-time resident of the Wildridge or Mountain Star Community • One (1) representative from Village (at Avon) • One (1) member representing the Vail Valley Mountain Bike Association (VVMBA) • One (1) member to represent hiking community • One (1) member to represent the motorized community (i.e. Rocky Mtn Sport Riders) Staff Recommendation 1. Allow for a 3 minute Introduction and explanation of interest from each applicant, in the order that letters of interest were received: Applicant Notes a. Kat Sedillo Wildridge-Trail Volunteer-VVMBA-IMBA b. Michelle Wolffe Wildridge-VVMBA-Trail Volunteer c. Peter Suneson Hiker-Walking Mountains-Public Policy d. Charles Sherwood Rocky Mtn Sport Riders-Cyclist-Grant Writing-Planning RECREATIONAL TRAILS ADVISORY GROUP FORMATION – INTERVIEW AND APPOINTMENTS PAGE 1 OF 2 e. Michael Beach USFS-Trails Planning/Construction-VVMBA-Planning f. Melissa Macdonald Nelson Singletree-ECO Trails-Watershed Planning-USFS g. Matthew Anderson Wildridge-Cycling Service-Renewables 2. Town Council questions, if any; 3. Council appointment of the top four (4) applicants to two-year terms; and three (3) applicants to one-year terms. Thereafter, all Recreational Trails Advisory Group members will be appointed to a two-year term. What is Next? The Trails Advisory Group, assisted by Community Development staff, begin meeting and developing a work plan to carry out duties in spring, 2015. Work will begin with the review and recommendations for amendments to the Town of Avon Recreational Trails Master Plan. Other potential work to be included in the work plan: • Develop and manage a volunteer program for trail construction and maintenance; • Work with Town Staff toward implementation activities; and • Represent the Trail Advisory Group at Planning Commission, Town Council, and other regional trails planning meetings. Attachments Letters of Interest RECREATIONAL TRAILS ADVISORY GROUP FORMATION – INTERVIEW AND APPOINTMENTS PAGE 2 OF 2 KATHLEEN E. SEDILLO POST OFFICE BOX 5803 VAIL, CO 81658 • (970) 390-1445 • katsedillo@gmail.com November 4, 2014 Avon Town Council Members Town of Avon PO Box 975 Avon, Colorado 81620 RE: Avon Recreational Trails Advisory Group/Letter of Intent Dear Avon Town Council Members: With utmost enthusiasm, I am pleased to introduce myself as Kathleen Sedillo, a 20 year, full-time, year- round resident of Eagle County. I am hereby submitting this letter of interest to participate as a member of the Town of Avon Recreational Trails Advisory Group. My means of background, I am a homeowner in Avon, having resided here since 2007. As an avid mountain biker my participation in the Vail Valley/Eagle County mountain bike community and trail advocacy has expanded considerably over the past several years. In 2012, I completed the United States Forest Service Trail Steward Training program. With this stewardship training, I participated in the maintenance of and improvements to existing multi-use trails on USFS land throughout Eagle County. I also completed the 2-day Outdoor Stewardship Institute (OSI) Trail Crew Leadership Certification. This training granted me the privilege to participate as a trail crew leader in the Volunteers for Outdoor Colorado (VOC) trail build day in 2013, where our teams made significant progress on building the new Saddle Ridge multi-use trail in the West Avon Preserve. I am also an elected Board Member of the Vail Valley Mountain Bike Association (VVMBA), where I attend monthly meetings as well as participate in valley-wide community functions on behalf of the association. I manage VVMBA’s social media accounts, recruit volunteers for trail building events, and liaise with Eagle’s Hardscrabble Trials Coalition on community events. As a long-standing member of the International Mountain Bike Association (IMBA), I completed the 2-day IMBA Trail Care Crew program, which included their extensive Land Managers Training Class. With this reinforced knowledge, I learned how to collaborate with various land stakeholders in the building, maintenance and improvement to multi-use, soft surface recreational trails. Beyond my participation in these above organizations and formal training courses, I have solid and collaborative relationships with several former and current community leaders. For example, I worked closely on behalf of the VVMBA with the staff of the Eagle Valley Land Trust, the Town of Avon and Vail Resorts to successfully provide a 30-person Trail Crew Leader pre-training course, thus enabling the VVMBA to provide qualified tail crew leaders for Vail Resort’s Epic Promise Day. The event attracted over 350 volunteers and resulted in one of the most successful large-scale volunteer days since the event’s inception. Over 4,000 feet of new multi-use trail was constructed and in the process children, young adults, and families, many of whom never experienced sustainable trail building had a fun, safe and educational experience. This event furthermore poised the VVMBA Board and it’s supporters in a strong and positive light for future partnership projects within the community. Lastly, I have a tremendous amount of pride for the idyllic mountain resort community in which I reside, work, and play. I would be proud to share my skills, my enthusiasm and my expertise to ensure continued and future solid trail stewardship, protection of the environment and enhance the quality of our backyard playgrounds for future generations to enjoy, alongside other members of the Town of Avon Trails Advisory Group. Thank you in advance for your time and consideration. I look forward to hearing from you. Sincerely, Kathleen E. Sedillo Dear AvonTown Council, January 9, 2015 My name is Michelle Wolffe and I would like to be considered for a seat on the new TOA trail committee. I moved to Avon in 1998 and have been a full time resident ever since. My professional background involves medical imaging and I have worked with Vail Valley Medical Center, Vail Summit Orthopaedics and Seadman Hawkins in their x -ray and MRI departments. I understand that I am a possible candidate because of my residency in Wildridge and my involvement with Vail Valley Mountain Bike Association. It would be a pleasure to represent either opening. Living in Wildridge has been everything I wanted out of living in Colorado. Having such a beautiful community to play in with people who want to be involved is something I am thankful for everyday. With the new trail system in the West Avon Preserve, I feel like a slice of heaven has found its way into my backyard. All thanks to the Town of Avon! Because of these trails, I know Wildridge will be a destination for outdoor enthusiasts from Eagle County and beyond. Volunteering my timeto sit on a committee tosupport, strengthen and expand this kind of trail access would be a pleasure for me. My involvement with Vail Valley Mountain Bike Association has givenme the opportunity to get down and dirty with makingthese trails a reality for our community. For the last few years, I have been working on what was previously known as Saddleridge and Masher trail. Watching these trails go from deer tracks to strong and established trails has been very rewarding. Digging in the dirt is one of my many outdoor therapies, but I feel a sense of pride working on the trail crew as well. Last year I was thrilled to discover that I was the woman with the most logged volunteer trail time for Eagle County. Now that I sit on the board at VVMBA, I look forward to bringingmore attention and support to our trails. I believe people wantto help our local trail systems and VVMBA will help give the public more opportunities to contribute. Together, I know VVMBA and the TOA, will make Avon and Eagle County an amazing destination for people looking for that great biking get away. Our current trail system is fantastic, but needs commitment to keep it that way. I amglad to hear that the Town of Avon is gatheringsupport to give the local trails the attention they deserve. I would be honored to be considered as one of the voices on this new committee! Sincerely, Michelle S. Wolffe RT (R) (MR) 970 - 376 -4193 michellemri @live.com 1/12/2015 To Whom It May Concern, I am writing to express my interest in becoming a Trail Advisory Group Committee Member with the Town of Avon. As a full time employee of Walking Mountains Science Center in Avon, I spent the past summer and winter seasons guiding full-day and half-day back country hikes and snowshoe excursions. During the summer of 2014 I hiked over 400 miles on trails in the Eagle Valley. I moved to Avon in May, 2014 after completing my M.S. in Environmental Studies at the University of Montana in Missoula where I also interned with the U.S. Forest Service as a recreation intern monitoring trail use on the Flathead National Forest. Previously I spent the summer of 2006 living in Avon and interning for the Science Center when it was named the Gore Range Natural Science School. Prior to my return to student life, I worked as a naturalist for the Forest Preserve District of Cook County outside Chicago, Illinois maintaining a 1,200 acre restored tallgrass prairie nature preserve. While pursuing my graduate degree in Missoula, I worked closely with the Conservation Committee and Energy and Climate Team to produce a white paper on reducing emissions from city owned buildings. This introduced me to civic policy and procedure and added to my knowledge and abilities of maintaining and fostering relationships with different stakeholder groups. I regularly appear on TV8 promoting the natural sciences and recreation on our surrounding public lands and have presented a variety of environmental programs and issues to public, private, and government groups. This winter I developed a partnership adult Environmental Education and Snowshoe Excursion program with the Ritz-Carlton in Vail and the Westin in Avon and have been regularly snowshoeing with their guests and visitors to our valley. I am also the current coordinator and guide of the Vail Nature Center Hiking Club which we would like to see developed into a valley-wide hiking hub. I believe my personal and professional background and experiences are adeptly suited to ensuring residents and visitors alike are able to enjoy access to the beautiful area surrounding our town. As a naturalist, environmentalist, and educator I have worked hard to balance the duality of ecological integrity and recreational opportunity by staying up to date with the latest issues on sustainability and ecology while communicating with all types of trail users on a daily basis. I believe that including a member with my background and from my specific demographic will bring a new, creative, and professional voice and attitude to the working group. Thank you for your time and consideration. Sincerely, Peter J. Suneson Adult Programs Instructor Walking Mountains Science Center psuneson@gmail.com 405-822-5976 I am interested in being a member of the Avon Trail Advisory group. I am an officer of the Rocky Mountain Sport Riders, an OHV oriented motorcycle club. I have been the treasurer / membership chairman since June of 2012. Personal Background: I have lived in the Valley for 10 years. Prior to moving here, I lived in the Washington DC area. In 2004 I retired from working for the US Navy as a Senior Research Scientist working in acoustics. Throughout my professional career I earned numerous awards and recognition. At retirement I was at the highest pay grade for a US government employee not in the Senior Executive Service; my pay was equivalent to a GS‐15 employee. During my 30 year career I held both management and research positions. At one time I was the direct supervisor of 45 government employees. I enjoy multiple trail related sports. Not only am I a motorcyclist (both street and OHV), I am also an avid mountain bike, road bike and hiking enthusiast (as well as skier – duh!). I am a member of the Colorado Mountain Club, Gore Range Group. A majority of my vacations are for the sole purpose of or include significant amounts of outdoor activities. Through my membership in RMSR, I have met and worked with the other motorized use clubs in the area (such as the Powder Hounds & Eco Riders) as well as the local mountain bike community, including Lee Rimel, Peter Geyer (past president of VVMBA ‐ now out of the valley) & the Hardscrabble Trails Coalition. As an officer of RMSR I made myself familiar with the grant writing process for OHV funds in Colorado; however I have never written a grant; we have not generated one since I joined the club in 2012. As a member of RMSR I have participated in numerous trail restoration and elimination efforts. However, I have not yet taken a sustainable trial building course. I do anticipate doing this in the future. Previous experience in an advisory group: The Camp Hall Collaborative. As a member of RMSR I represented (along with another RMSR member) the motorized community in the Camp Hale Collaborative. We were the only members representing the motorized use community. The CHC was facilitated by the National Forest Foundation, and consisted of a broad spectrum of stake holders, including representatives from the USFS, Colorado Parks and Recreation, local conservation groups (such as Walking Mountains), The 10th Mountain Division, permit holders for the Camp Hale valley, a private land owner in the valley, local governments, water conservation & use groups, water rights holders and Vail Resorts. The CHC over about 16 months developed a proposed management plan for the Camp Hale valley that maintains its historical context and recreational uses while recovering some of the wetlands that were in the valley prior to the establishment of Camp Hale. The proposed plan was turned over to the Forrest Service for action this past summer. D. Neely, the USFS Eagle Holy Cross District Ranger, said that this Collaborative was one of the best he had ever been involved with; the participants worked effectively towards a common goal in a reasoned fashion. All participants behaved in a civil manor, respectful of the opinions of others. I feel I can utilize this experience and gained expertise to achieve a similar outcome if I am accepted as a member of the Avon Trails Advisory Group. Residency I am a full time resident of the Wildridge subdivision of Avon, Colorado. I live at 4211S Wildridge Rd. W. Charles B Sherwood Michael Beach Address: 4311 Eaglebend Drive, Avon, CO 81620 Phone: (215) 820-3093 E-mail: mbeach527@yahoo.com January 19, 2015 Ms. Peggy Hatley Town of Avon 1 Lake Street Avon, CO 81620 Dear Ms. Hatley: I am writing to express my interest in serving on the Trail Advisory Group for the Town of Avon. Since moving to Eagle County in 2008, I have been involved in numerous trail projects, from planning through implementation to maintenance. My technical skills, eye for design, and planning background will each contribute to the continued success of the trail network in Avon. I have worked for the U.S. Forest Service for the past seven summer seasons, and served as trail crew supervisor for the past two summers. I am technically sound in trail building and maintenance techniques, as well as in crew and volunteer leadership and organization. I helped to construct the Knob Hill Trail in Singletree, the EagleVail Trail, and the original Avon-Singletree Connector when it was still on Forest Service land. I also helped with construction of the Saddleridge Trail, as well as the planning and layout of the Wyse Way trail, both in the West Avon Preserve. I also have constructed reroutes on several local favorites, including Berry Creek and Whiskey Creek trails. In addition to my experience planning and building trails, for the past two years I led the crew charged with maintaining the over 500 miles of trails that exist on the Eagle-Holy Cross Ranger District of the White River National Forest. I have experience in developing technical trail solutions and planning sustainable trails that are low maintenance and exciting for users. Along with having a master’s degree in Urban and Regional Planning, I gained experience in developing parks and open space master plans, community plans, and trails plans while working for a consulting firm in Madison, Wisconsin. In this position, I also completed successful grant applications totaling $260,000 awarded by the Wisconsin DNR to four communities across the state for trails and open space improvements. I currently work for a consulting firm in Frisco and complete environmental analyses for major recreation projects. These positions have given me experience in technical writing, recreation planning, and in understanding implementation feasibility. In addition, I have developed connections with many local municipalities, agencies, and groups, including the U.S. Forest Service, the Town of Vail, the Community of EagleVail, Trail Action Group, and the Vail Valley Mountain Bike Association. While the technical aspects of trails planning, design, and construction are a passion of mine, my greatest enjoyment comes from being able to use well-designed trails systems on my feet or bike, and seeing others enjoy them as well. I have been excited to see what Avon has done in the West Avon Preserve, as well as with the Eagle Valley Trail and other recreation paths throughout the town. The trail opportunities available to multiple user groups within the town are tremendous. However, I believe that the potential for further paved and unpaved multi-use trail development continues to be great within Avon, and see vast potential to continue connecting to nearby communities to create a trails network county-wide that will draw visitors, delight residents, and enhance the quality of life that we all enjoy. Serving on the Trail Advisory Group will provide me with a tremendous opportunity to contribute to the future successes of Avon’s trails network. Thank you for your consideration and please let me know if you have any questions. Sincerely, Michael Beach 1 Matt Pielsticker Subject:FW: Trail Advisory Group Committee Member Application From: Melissa Macdonald [mailto:nonprofitplan@gmail.com] Sent: Thursday, February 12, 2015 10:11 PM To: Peggy Hatley Cc: ralph merritt Subject: Trail Advisory Group Committee Member Application Hello, Peggy, I am applying to become a member of your Trail Advisory Committee on behalf of the Singletree Community. I am Vice President of the Singletree Property Owners Board and head of our Trails and Recreation Committee. Our Board supported Avon's request for funding for the Avon Singletree connector trail. We also put together volunteer work groups to maintain and improve trails in Singletree. I am also on Eagle County's ECO Trails Committee. I am the former Executive Director of the Eagle River Watershed Council and have spent seven years caring for, improving and funding the "blue trails" throughout Eagle County. In my E.D. capacity I have written and received millions of dollars of grant funds to protect and improve Eagle County's rivers and streams. I have worked with the US Forest Service on many environmental projects which offer recreational uses and activity while protecting local ecology. I have also fostered positive working relationships with stakeholders across Eagle County as well as other state and federal stakeholders to achieve the objectives of the Eagle River Watershed Council. As a hiker and biker I have a strong interest in supporting and enhancing Avon's and the County's the recreational trails program. Please let me know if there is a formal application which you might need to apply for this volunteer position. Best regards, Melissa Macdonald Nelson P. O. Box 4353 1040 Winslow Road Edwards, CO 81632 970-393-2727 MATTHEW ANDERSON 3050 Wildridge Rd, Avon, Colorado 81620 | C: 970.376.5468 | manderson33@gmail.com February 13, 2015 Town Council Town of Avon 1 Lake Street Avon, Colorado 81620 970.748.4000 RE: Trail Advisory Group Committee Member Posted January 2, 2015 7:00 AM Dear Councilmen and Councilwomen, I'm contacting you because of my strong interest in becoming a member of the Trail Advisory Group Committee. As a full time resident of the Wildridge Community and my extensive experience in the cycling industry I feel that I would be a great fit for this position. Over the years I have worked as a full or part time mechanic at bicycle shops from Eagle to EagleVail. Before moving to Avon in 2000-2001 Winter season, I owned and operated two bicycle shops outside Atlanta Georgia. Our enthusiastic team was heavily involved with trail building and race promotions in the area and saw the joy and benefits those trails and events brought to the community. Perhaps just as important we also saw, understood and worked with those who opposed these projects. I think it's important for our town to utilize our open spaces while simultaneously protecting the rights of the environment and all community members who live within it. This can be a delicate balance sometimes and I look forward to making myself available in order to ensure the success of our recreational trail development projects. Some of my relevant qualifications include my over 15 years working in the cycling service industry and 12 years at executive level project development and management in the wind/renewable energy industry. Also of note is my most recent involvement for the future procurement and installation of Avon’s first public bicycle repair station where we intend to make simple bicycle repairs accessible to all Avon’s guests and residences alike. I’m proud of our town and grateful for the home it provides me and my family. I look forward to seeing it continue to be successful and believe I am a valuable asset to the Trail Advisory Group Committee. Should you have any questions or would like to learn more about me, I can be reached for an interview at your convenience. All the best, Matthew Anderson manderson33@gmail.com 970.376.5468 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: February 19, 2015 Agenda Topic: Ordinance No. 15-01 Regarding Retirement Board Composition and Employee Retirement Plans Summary This is first reading of an ordinance that confirms the authority of the Police Retirement Board and the Public Employees Retirement Board and ratifies recent actions and decisions made by those respective Boards. This is a ratification ordinance that confirms and formally adopts the respective Board’s composition, structure, election process and authority which have all been established by resolution, in years past. There are no changes being proposed to any of the structures or processes which have been in place and operating effectively for thirty years. Staff Recommendation Staff recommends that Council approve Ordinance No. 15-01 on first reading. Recommended Motion Move to approve Ordinance No. 15-01, An Ordinance Regarding Retirement Board Composition and Employee Retirement Plans. Exhibits and Attachments: Ordinance No. 15-01 ORDINANCE NO. 15-01 SERIES OF 2015 AN ORDINANCE REGARDING RETIRMENT BOARD COMPOSITION AND EMPLOYEE RETIREMENT PLANS WHEREAS, the Town established three retirement plans for its employees in 1985, including the Town of Avon Deferred Compensation Plan under Section 457 of the Internal Revenue Code (the “457 Plan”), the Town of Avon Police Officers Money Purchase Pension Plan (“Police Plan”) and the Town of Avon Public Employees Money Purchase Pension Plan (“Public Employees Plan”) (collectively, the “Plans”); and WHEREAS, the Plans were established by certain resolutions, including Resolution 1985-02, 1985- 04 and 1985-21, and the Plans and their service providers have been modified from time to time pursuant to Resolution, including Resolutions 1987-22, 2008-38 and 2008-39; and WHEREAS, the Town has authority pursuant to Article XX of the Colorado Constitution and its Home Rule Charter to adopt retirement programs for its employees and to provide for the governance of those programs as it determines is appropriate; and WHEREAS, the Town has established two governing boards to act as fiduciaries for, to make decisions regarding and to otherwise administer the Police Plan and the Employees Plan, which boards are selected and composed as follows: The Police Plan Retirement Board is composed of the Town’s Finance Director or designee, an appointee of the Town Manager (who is currently the Town’s Finance Manager), and three sworn officers elected by the sworn officers of the Town’s Police Department, which elected positions serve staggered three (3) year terms; and The Public Employees Plan Retirement Board is composed of the Town’s Finance Director or designee, an appointee of the Town Manager (who is currently the Town’s Finance Manager), and three full time employees who are eligible to participate in the Employees Plan who are elected by the Town’s non-sworn employees, which elected positions serve staggered three (3) year terms; and WHEREAS, the Town has delegated authority to its Finance Director to act as fiduciary of and to oversee and administer the 457 Plan; and WHEREAS, due to changes in services that were announced by the former administrator of the Police Plan and the Public Employees Plan, and because the Police Plan and the Public Employees Plan needed to be updated to comply with existing statutes and regulations, the Police Plan Retirement Board and the Public Employees Plan Retirement Board issued requests for proposals and selected new service providers for the Police Plan and the Public Employees Plan in 2014; and Ordinance 15-01 [SHORT TITLE] [add date of draft – replace with FINAL once adopted] Page 1 of 3 WHEREAS, the Town Council finds that it is appropriate to confirm the authority of the Police Retirement Plan Board and the Public Employees Retirement Plan Board to act for the benefit of the Town’s employees in providing and overseeing the Police Plan and the Public Employees Plan, and to ratify the most recent decisions of the Police Plan Retirement Board and Public Employees Plan Retirement Board, which the Town Council finds will promote the health, safety and general welfare of the Avon community and the employees of the Town; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Actions Approved. The current composition, structure, election process and authority of the Public Employees Plan Retirement Board and Police Plan Retirement Board, as more fully set forth above, are hereby formally adopted by this Ordinance. The prior decisions of the Public Employees Plan Retirement Board and Police Plan Retirement Board, including their 2014 decisions to retain service providers and fiduciary advisors pursuant to a competitive bidding process as more fully reflected in the minutes of the meetings of the Public Employees Plan Retirement Board and Police Plan Retirement Board, and the adoption of new plan documents and related agreements effective January 1, 2014 as more fully reflected in the minutes of the meetings of the Public Employees Plan Retirement Board and Police Plan Retirement Board, are hereby ratified. The Finance Director shall continue to act as fiduciary of and administrator for the Town’s 457 Plan. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and Ordinance 15-01 [SHORT TITLE] [add date of draft – replace with FINAL once adopted] Page 2 of 3 includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title only at the Avon Town Hall, Avon Recreation Center and Avon Library, which notice shall contain a statement that a copy of the Ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours and is available on the Town of Avon website. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for _____________________, 2015 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on ____________, 2015. ____________________________ Jennie Fancher, Mayor Published by posting at the Avon Town Hall, Avon Recreation Center and Avon Library at least six days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on ____________________, 2015. ____________________________ Jennie Fancher, Mayor Published by posting at the Avon Town Hall, Avon Recreation Center and Avon Library. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney Ordinance 15-01 [SHORT TITLE] [add date of draft – replace with FINAL once adopted] Page 3 of 3 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Date: February 19, 2015 Agenda Topic: 2015 Street Improvements Program Summary: The proposed 2015 Street Improvements Program is based on assessment of the condition of all of the Town’s roads, bridges, bicycle and pedestrian facilities. For 2015, the Street Improvements Program will include asphalt overlay, slurry seal, construction of a bicycle climbing lane on Metcalf Road, extension of concrete sidewalk on East Beaver Creek Boulevard, repair of the approach to the lower Buck Creek Road bridge, and installation of pedestrian warning signs at the crosswalk adjacent to Avon Elementary School. Discussion: The Asphalt Overlay Project consists of milling, crack repair, asphalt overlay and striping of East Beaver Creek Boulevard, Chapel Ally, and Swift Gulch Road. Allowances have been made for Swift Gulch Road subgrade repair and extension of concrete sidewalk on East Beaver Creek Boulevard adjacent to Beaver Liquors. The Slurry Seal Project consists of crack repair, application of an asphalt sealer containing fine aggregate, and striping. Roads included in the Slurry Seal Project are Buck Creek Road and Eaglebend Drive. Slurry seal and new striping will also be applied to Metcalf Road after construction of the bike climbing lane. The durability of a 2013 test area at the first switchback on Metcalf Road, a steep aggressively plowed location, has proven that slurry seal can be a cost effective means of extanding the life of asphalt pavements. The Metcalf Road Bike Climbing Lane consists of widening the existing road platform to accommodate a dedicated 5’ wide bike climbing lane on the uphill side between Nottingham Road and Wildwood Road. The project includes grading, drainage work, retaining walls and asphalt paving. This year’s work can be considered Phase 1 of 2 to complete the connection at Old Trail Road in Wildridge. Phase 2 also requires roadway widening and Staff recommends that this be constructed in 2016. The Buck Creek Bridge Approach Repair Project will mitigate settlement in this area long term. The work consists of removal and replacement of the footer at the lower bridge and will be performed prior to the Buck Creek Road Slurry Seal Project. Construction Schedule: Staff is currently developing Construction Plans for the various projects that make up the 2015 Street Improvements Program. We plan to have contractors mobilize in early June to begin work on the Asphalt Overlay, Metcalf Bike Climbing Lane, and Buck Creek Bridge Approach Repair Projects. The Slurry Seal Project is scheduled to take place in July and August when weather conditions are most favorable for application of this product. Budget: The contracts for the Projects comprising the 2015 Street Improvements Program will be funded via the 2015 Street Improvements Capital Budget of $2,081,679. The Buck Creek Bridge Repair is currently budgeted in 2016 but Staff recommends this be moved to 2015. The 2015 Street Improvements Program budget estimate is shown in Table 1 below. This budget includes a 15% contingency. Table 1: 2015 Street Improvements Preliminary Budget Estimate Line Item Amount Asphalt Overlay Construction $ 640,000 Slurry Seal Construction Metcalf Road Bike Lane Construction Buck Creek Bridge Repair Construction West Beaver Creek Pedestrian Crossing $ 399,000 $ 518,000 $ 100,000 $ 60,000 Civil and Geotechnical Engineering $ 90,000 Subtotal $ 1,807,000 Contingency 15% $ 274,679 Total Estimated Project Costs $ 2,081,679 Available Funds Budget $2,081,679 Staff Recommendation Staff requests Council authorization to proceed with implementation of the 2015 Street Improvements Program as outlined provided the projects fall within approved budgets as defined in the Town of Avon 2015 Capital Projects Fund. The project scopes will be adjusted if required after evaluating bids per the available funds. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Date: February 19, 2015 Agenda Topic: Avon Road Landscape Project In 2014, the Avon Road streetscape project included a comprehensive update of Avon Road comprising replacement of the landscaping that has been in place since the construction of the roundabouts in 1998, and is need of attention; a variable message sign, monuments sign in Roundabout 3; flashing pedestrian beacons; and removal of some unused alcoves. The streetscape improvments were approved Avon’s Planning and Zoning Commisison, and while not requiring Council approval, because of change of planting types and removal of dying trees, the plan also was presented to the Council. The Council was unified in its support for the streetscape components and design. When bid, only one contractor bid was received, and the bid exceeded the budget allocation, so the scope was adjusted to only include the variable message sign by Walgreens, updating the monument sign in Roundabout 3, and installing three pedestrian crossing beacons. The landscaping portion of the project was delayed for funding and construction in 2015. The proposed 2015 scope for the Avon Road Landscape Project includes replacing the median landscaping with native bushes and flowers, landscaping Roundabouts 1 and 2 to present a new vision at Avon’s front door, and improving the irrigation system with newer, more efficient fixtures. Exhibit A includes the plan with photo simulations of what the new landscaping will look like. One of the main goals of the project in addition to beautification is to reduce the water requirements by installing native, drought tolerant plants and water efficient irrigation fixtures. Town staff is bringing the project back to a work session at Tuesday’s meeting ensure your current board supports the approved streetscape design and to alert you to the potential that costs may exceed the current 2015 budget allocation. Schedule The project is schedled to be advertised for bid in March, a bid opening in early April and construction to occur in May and June. Budget The 2015 Capital Projects Fund has $300,000 budgeted for the Avon Road Landscaping project. The cost estimate for the project is $690,107, based on the 2014 bid results, and an additional $25,000 will be required for consultant fees and other expenses for a total of $715,107. This pricing is considered high because of the difficult bidding environment last year and that only one bid was submitted for the project. Staff believes earlier distribution of bid documents should result in better pricing, as well as the change to the bid landscaping as a stand along project, omitting the need for a general contactor and the associated fees and mark-ups. Recommendation Staff recommends moving forward with bidding the Avon Road Landscape project, as designed, for early summer construction with the acknowledgement that the bids may exceed the budgeted $300,000. If bids exceed budget, staff will return to Council to gain direction on reducing the scope of the project and/or amending the Capital Projects Fund to cover the increase. po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com To w n o f A v o n Zehren and Associates, Inc. Pedestrian Mall and Avon Road Improvements 040’20’100’160’February 18, 2014 Av o n R o a d C o n c e p t u a l P l a n f o r 2 0 1 4 I m p r o v e m e n t s Re l o c a t e d f l a g p o l e s a n d s u r r o u n d i n g en h a n c e d l a n d s c a p e . Im p r o v e d l i g h t i n g f e a t u r e s a t c r o s s w a l k . Sh a r r o w s y m b o l p a v e m e n t m a r k i n g ( t y p . ) Im p r o v e d a n d e n l a r g e d A v o n w e l c o m e s i g n . Ex i s t i n g l a n d s c a p e a n d b r o n z e s t a t u e s t o r e m a i n . En h a n c e d l a n d s c a p i n g i n r o u n d a b o u t a n d la n d s c a p e i s l a n d s . En h a n c e d l a n d s c a p i n g i n r o u n d a b o u t a n d la n d s c a p e i s l a n d s . Re p l a c e a s p e n t r e e s w i t h w i n t e r ha r d y o r n a m e n t a l t r e e s . En h a n c e d c r o s s w a l k t o b e m a i n Av o n R o a d c r o s s i n g . Re l o c a t e ‘ A v o n C i t i z e n s ’ b r o n z e s t a t u e s t o pe d e s t r i a n m a l l a n d r e p l a c e w i t h e n h a n c e d la n d s c a p e a n d v a r i a b l e m e s s a g e s i g n . En h a n c e d l a n d s c a p i n g i n r o u n d a b o u t an d l a n d s c a p e i s l a n d s . Sh a r r o w s y m b o l p a v e m e n t m a r k i n g ( t y p . ) Re m o v e s e a t i n g a l c o v e s t o n e w a l l s a n d b r i c k p a v i n g an d r e p l a c e w i t h e n h a n c e d l a n d s c a p e a n d s t o n e p i l l a r s . En h a n c e d m e d i a n l a n d s c a p e w i t h n a t i v e sh r u b s , p e r e n n i a l s , o r n a m e n t a l g r a s s e s a n d an g u l a r b o u l d e r s . En h a n c e d m e d i a n l a n d s c a p e w i t h n a t i v e pe r e n n i a l s , o r n a m e n t a l g r a s s e s a n d a n g u l a r bo u l d e r s . En h a n c e d m e d i a n l a n d s c a p e w i t h n a t i v e sh r u b s , p e r e n n i a l s , o r n a m e n t a l g r a s s e s a n d an g u l a r b o u l d e r s . Ne w T o w n C e n t e r i d e n t i t y m o n u m e n t a n d w a y f i n d i n g . En h a n c e d l a n d s c a p i n g a r o u n d n e w r e c pa t h b r i d g e . En h a n c e d l a n d s c a p i n g i n r o u n d a b o u t an d l a n d s c a p e i s l a n d s . ‘P l e d g e ’ b r o n z e s t a t u e t o b e re l o c a t e d t o P e d e s t r i a n M a l l . New bridge and rec path to be completed by Eagle County Rec Trails in 2014. po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com Town of Avon Zehren and Associates, Inc. Pe d e s t r i a n M a l l a n d A v o n R o a d I m p r o v e m e n t s February 18, 2014 Roundabout #1 ‘I-70 North’ Photo Simulation 2014 Improvements po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po b o x 1 9 7 6 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 9 4 9 0 2 5 7 . w w w . z e h r e n . c o m To w n o f A v o n Ze h r e n a n d A s s o c i a t e s , I n c . Pedestrian Mall and Avon Road Improvements Oc t o b e r 2 4 , 2 0 1 3 Existing Conditions: • Spruce trees in roundabout and on hot south facing slope are unhealthy. • Two flag poles are susceptible to winter traffic accidents. • Roundabout and landscape islands have large sod areas. • Furnishings and light poles are outdated green color. Proposed Improvements: • Roundabout will have a new patriotic flag theme. • Flag poles from both I-70 roundabouts will be relocated to the south facing slope above the stone wall north of the roundabout. • Unhealthy trees will be removed and replaced with trees suited to growing on hot, dry south facing slopes. • Roundabout, landscape islands, and south facing slope north of the roundabout will be planted with native, dry climate shrubs and perennials. • Planter pots added for accent color. po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com Town of Avon Zehren and Associates, Inc. Pe d e s t r i a n M a l l a n d A v o n R o a d I m p r o v e m e n t s February 18, 2014 Median #1 Photo Simulation 2014 Improvements po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po b o x 1 9 7 6 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 9 4 9 0 2 5 7 . w w w . z e h r e n . c o m To w n o f A v o n Ze h r e n a n d A s s o c i a t e s , I n c . Pedestrian Mall and Avon Road Improvements Oc t o b e r 2 4 , 2 0 1 3 Existing Conditions: • Aspen trees in median are crowded and unhealthy. • No accent plantings or plant variety in median. • Raised median planting area has brick border. • ‘Avon Citizens’ Bronze statues clustered together and located near busy street. • Furnishings and street lights are outdated green color. Proposed Improvements: • Aspen trees in median have been removed. • New ornamental trees planted in raised planting area of median. • Ends of median are planted with colorful native plants and grasses that are suited to dryer south facing slopes within the Vail Valley. • Angular Colorado Buff Sandstone boulders placed throughout enhanced median. • ‘Avon Citizens’ bronze statues have been relo- cated and replaced with enhanced landscaping and a variable message sign. • Sharrow bike symbol pavement marker placed in right lane throughout Avon Road. po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com Town of Avon Zehren and Associates, Inc. Pe d e s t r i a n M a l l a n d A v o n R o a d I m p r o v e m e n t s February 18, 2014 Roundabout #3 ‘Avon Welcome’ Photo Simulation 2014 Improvements po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po b o x 1 9 7 6 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 9 4 9 0 2 5 7 . w w w . z e h r e n . c o m To w n o f A v o n Ze h r e n a n d A s s o c i a t e s , I n c . Pedestrian Mall and Avon Road Improvements Oc t o b e r 2 4 , 2 0 1 3 Existing Conditions: • Welcome sign is too small and too low to the ground causing it to be covered with snow in the winter. • Perennial and annual planting area is too small and area of sod is too large. • Roundabout has brick boarder • Lighting is misused and outdated. Proposed Improvements: • Welcome sign stone wall is double height stepping down to the existing wall height and triple width. • Area for the welcome sign size is doubled, actual welcome sign to be determined from multiple options. • Ski Championship lettering is moved higher on the wall to be more visible. • Planting area in front of welcome sign is larger and planted with a profusion of colorful perennial plants, grasses, and annuals. • Angular Colorado Buff Sandstone boulders placed throughout enhanced landscape. • Lighting is updated and hidden within the landscape. po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com Town of Avon Zehren and Associates, Inc. Pe d e s t r i a n M a l l a n d A v o n R o a d I m p r o v e m e n t s February 18, 2014 Median #2 Photo Simulation 2014 Improvements po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po b o x 1 9 7 6 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 9 4 9 0 2 5 7 . w w w . z e h r e n . c o m To w n o f A v o n Ze h r e n a n d A s s o c i a t e s , I n c . Pedestrian Mall and Avon Road Improvements Oc t o b e r 2 4 , 2 0 1 3 Existing Conditions: • Aspen trees in median are crowded and unhealthy. • No accent plantings or plant variety in median. • Street sign is small and difficult to see. • Furnishings and street lights are outdated green color. Proposed Improvements: • Aspen trees in median have been removed. • Median is planted with colorful native plants and grasses with profusion of colorful accent plants on each median end. • Angular Colorado Buff Sandstone boulders placed throughout enhanced median. • Street sign with back lighting and event banner added to light pole. • Sharrow bike symbol pavement marker placed in right lane throughout Avon Road. FISCAL YEAR 2014/2015 FINANCIAL REPORT February 24, 2015 ______________________________________________________________________________________ 1. Fiscal Year 2015 Financial Report Cover Memo 2. Sales and Accommodations Tax Reports - December 2014 3. Real Estate Transfer Tax Report and Monthly Detail - January 2015 4. General Fund Year-To-Date Expenditures - January 2015 5. Fleet Maintenance Fund Year-To Date Expenditures - January 2015 6. Transit Fund Year-To Date Expenditures - January 2015 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Kelly Huitt, Budget Analyst Date: February 18, 2015 Re: Fiscal Year 2014/2015 Financial Report – December 2014 / January 2015 Revenues: SALES TAX • Sales tax revenue for the month of December is up $225,601.70 or 22.98% compared to December 2013, and up 15.62% compared to the revised budget. This increase includes $60,057 from new businesses, and after adjusting for new business growth, 16.86% is the gain in revenue from existing business for the month. Year- to-date sales tax from new businesses makes up 40.22% of total year over year growth. December 2014 sales tax revenue is the highest ever for the month of December. Annual totals came in $288,119.97 over the final revised budget and $692,947.10 over 2013 sales tax receipts. • December collections are up compared to 2013 for all industries except for Miscellaneous Retail, which is down -15.00% for December. Due to an overpayment in December 2013 the year over year difference in Miscellaneous Retail is skewed and the actual difference is a 1.71% increase in revenue for the month. The negative year over year gap in this category will diminish as we move into 2015 because the closure of Office Depot occurred in December 2013. • Sporting Goods Rental/Retail is up 21.81% due to a general sales increase coupled with the opening of a few new businesses and the reopening of the newly renovated Christy Sports. • Sales tax from Accommodations is up 28.69% over 2013 due to an overall increase from existing business. Destimetrics reported an 18.7% increase in occupancy and a 6.4% increase in the average daily rate for Avon lodging in December. • Service Related businesses are up a whopping 283.26% due to the wide variance that occurs in the tax returns of interior and architectural design firms. • The Other business category had a total annual increase of $217,266.24 or 31.4% of total 2014 sales tax growth. New specialty trade contractors and building finishing contractors are what is driving this increase. ACCOMMODATIONS TAX • Accommodations tax revenue for December is up $37,583.42, or 28.61% compared to December 2013, and up 20.10% compared to the revised monthly budget. Year-to-date accommodations tax is up 12.00% or $106,673.64 compared to 2013 and 4.59% or $43,650.41 compared to the budget. • December accommodations tax collections are up for all accommodation types. Hotels are up 24.15%, Vacation rentals 48.76%, and Timeshares are up 26.23% for the month. Total 2014 increases came in at 8.66% for Hotels, 9.60% for Vacation Rentals, and 25.53% for Timeshares. REAL ESTATE TRANSFER TAX • 2015 real estate transfer tax collections for January equal $48,640.40. This is a -42.86% decrease from January 2014 and ($111,486.52) under the estimated monthly budget. Expenditures: • General Fund expenditures for January 2015 total 13.73% of the budgeted amounts. These expenditures include the annual Cirsa insurance payment as well as encumbrances for several of the community grants. • Fleet expenditures to date are at 14.07% of the total budget. These costs stock parts and several blanket purchase orders, which encumber funds for the year for ongoing expenditures such as regularly purchased shop supplies and monthly copier charges. • Transit funds are 6.41% expended compared to the annual budget. 2013/2014 Growth Growth Variance Existing Business New Business Home/Garden 5,246.01 2.35%5.76% Grocery, Specialty, Health 21,131.54 7.10%0.18% Liquor Stores 1,479.56 3.08%0.32% Sporting Goods Retail/Rental 30,254.00 19.64%2.17% Miscellaneous Retail 814.83 -15.40%17.11% Accommodations 38,275.63 28.21%0.47% Restaurants/Bars 16,622.58 10.92%4.79% Other 34,807.88 -1.06%30.57% Service Related 86,322.07 274.17%9.09% Total $234,954.1017.98%6.18% Category Sales Tax Monthly Totals Category New Business Growth Total Growth Home/Garden 24,880.14103,742.01128,622.15 Grocery, Specialty, Health 5,405.9279,943.0485,348.96 Liquor Stores 224.54 18,235.1618,459.70 Sporting Goods Retail/Rental 10,158.7958,236.3868,395.17 Miscellaneous Retail 38,935.02(150,768.70)(111,833.68) Accommodations 2,885.86103,879.29106,765.15 Restaurants/Bars 47,994.53103,329.07151,323.60 Other 136,437.7880,828.46217,266.24 Service Related 11,760.0316,839.7828,599.81 - - Total $278,682.61$414,264.49$692,947.10 Sales Tax Annual Totals TOWN OF AVON SALES TAX 2014 Actual vs. Budget Budget YTD Collections Budget % of change 2009 2010 2011 2012 2013 2014 2014 Variance from 2013 January 552,648.47$ 515,009.18$ 511,040.76$ 519,784.89$ 677,943.78$ 721,089$ 638,863.27$ (82,225.79)$ -5.76% February 516,349.68 504,752.59 532,903.25 533,546.48 636,702.27 677,223 673,722.03 (3,500.85) 5.81% March 536,913.42 620,937.20 665,532.70 643,910.29 720,267.31 766,106 793,301.96 27,195.85 10.14% April 319,833.51 309,937.09 305,269.73 304,220.84 307,407.13 326,971 381,839.56 54,868.62 24.21% May 267,960.76 242,830.16 236,424.93 270,082.79 309,938.72 329,664 340,332.28 10,668.63 9.81% June 396,066.29 377,920.42 406,828.27 430,588.57 490,329.18 521,534 538,517.31 16,982.90 9.83% July 409,956.20 421,975.98 452,873.44 472,215.40 537,479.66 571,686 570,959.86 (725.75) 6.23% August 374,965.99 361,702.25 419,977.29 455,439.86 504,332.25 536,429 547,085.80 10,657.15 8.48% September 350,585.25 359,139.22 391,546.49 424,793.75 475,362.88 505,616 546,016.59 40,400.96 14.86% October 286,412.11 288,859.84 299,193.35 341,711.43 356,925.96 379,641 417,921.46 38,280.24 17.09% November 281,696.02 284,528.70 301,407.41 336,060.63 362,460.94 385,528 397,935.36 12,406.91 9.79% December 786,701.84 818,360.74 921,815.61 852,868.64 981,917.79 1,044,408 1,207,519.49 163,111.10 22.98% Total 5,080,089.54$ 5,105,953.37$ 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 6,765,895$ 7,054,014.97$ 288,119.97$ 10.89% Actual Collections $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 $1,100,000 $1,200,000 $1,300,000 2010 2011 2012 2013 2014 Year Sales Tax Collections for December TOWN OF AVON SALES TAX 2014 Actual vs. Budget $1,100,000 $1,700,000 $2,300,000 $2,900,000 $3,500,000 $4,100,000 $4,700,000 $5,300,000 $5,900,000 $6,500,000 $7,100,000 2010 2011 2012 2013 2014 YTD Sales Tax Collections $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 $1,100,000 $1,200,000 $1,300,000 Sales Tax Monthly Comparison 2012-2014 2012 2013 2014 TOWN OF AVON ACCOMMODATIONS TAX 2014 Actual vs. Budget Budget YTD Collections Budget % of change 2009 2010 2011 2012 2013 2014 2014 Variance 2013 January 84,919.00$ 87,938.84$ 85,233.73$ 90,118.88$ 108,508.43$ 116,202$ 129,851.78$ 13,649.79$ 19.67% February 83,502.22 99,336.34 114,035.90 106,016.32 137,503.61 147,253 150,317.06 3,064.05 9.32% March 84,909.85 105,518.15 122,145.16 115,043.42 153,208.80 164,072 168,597.39 4,525.64 10.04% April 26,821.29 26,496.88 26,214.58 20,786.24 26,494.49 28,373 31,626.02 3,252.99 19.37% May 19,090.36 12,425.51 15,152.82 16,664.44 24,527.17 26,266 21,961.97 (4,304.25) -10.46% June 34,439.33 32,857.68 49,999.66 56,012.17 66,578.91 71,300 54,232.23 (17,067.32) -18.54% July 47,864.32 51,170.82 62,928.07 66,726.73 73,008.92 78,185 81,083.01 2,897.55 11.06% August 39,155.19 42,188.56 52,037.55 58,358.93 67,688.07 72,487 71,044.33 (1,443.02) 4.96% September 21,134.69 30,090.34 35,521.81 42,245.24 44,661.37 47,828 50,840.16 3,012.17 13.83% October 17,043.78 20,614.06 21,801.56 25,879.51 27,154.53 29,080 34,977.59 5,897.73 28.81% November 15,268.58 20,582.47 24,971.33 22,786.42 28,171.04 30,168 32,064.02 1,895.57 13.82% December 96,847.30 98,561.90 135,984.00 112,759.02 131,361.43 140,675 168,944.85 28,269.51 28.61% Total 570,995.91$ 627,781.55$ 746,026.17$ 733,397.32$ 888,866.77$ 951,890$ 995,540.41$ 43,650.41$ 12.00% Actual Collections - 25,000.00 50,000.00 75,000.00 100,000.00 125,000.00 150,000.00 175,000.00 2010 2011 2012 2013 2014 Accommodations Tax Collections for December Town of Avon Real Estate Transfer Tax 2015 Actual vs. Budget Budget YTD Collections $ change % of change 2010 2011 2012 2013 2014 2015 2015 2014 2014 January 237,133.00$ 57,540.00$ 50,204.00$ 22,535.00$ 85,126.74$ 160,127$ 48,640.40$ (36,486.34)$ -42.86% February 362,719.22 230,705.50 41,750.07 55,872.69 562,219.70 443,458 March 284,243.65 187,099.47 84,760.49 125,927.64 50,375.06 259,156 April 210,185.30 249,482.30 219,195.80 144,437.80 197,656.36 361,257 May 112,431.30 187,668.62 270,170.12 121,784.12 183,745.60 309,894 June 66,271.14 49,606.58 169,040.47 90,309.74 220,009.15 210,619 July 63,509.36 46,707.37 71,057.40 386,434.78 141,051.52 250,789 August 88,823.40 106,785.21 232,505.93 97,579.70 154,032.32 240,515 September 159,861.96 140,876.56 96,389.34 157,010.67 267,886.92 290,867 October 222,575.20 64,005.33 176,889.62 169,839.80 178,044.24 287,091 November 115,654.16 98,057.44 150,549.86 112,491.82 122,582.66 212,070 December 236,117.45 198,448.03 145,134.57 83,382.60 1,596,319.22 799,470 Total 2,159,525.14$ 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 3,759,049.49$ 3,825,312$ 48,640.40$ (36,486.34)$ -42.86% Budget 3,825,312.00 Variance, Favorable (Unfavorable)(3,776,671.60)$ Actual Collections $- $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 2011 2012 2013 2014 2015 YTD Real Estate Transfer Tax Collections Dept./Div.2015 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: Legislative: 111 Mayor and Town Council 233,000$ 5,191$ 22,321$ 205,488$ 11.81% 112 Boards and Commissions 15,299 - 1,541 13,758 10.07% 113 Town Attorney 155,000 - 67 154,933 0.04% 115 Town Clerk 111,612 17,184 8,205 86,223 22.75% Total Legislative 514,911 22,375 32,134 460,402 10.59% Judicial: 121 Municipal Court 99,349 18,693 6,613 74,043 25.47% Executive: 131 Town Manager 349,041 1,274 25,246 322,521 7.60% 133 Community Relations 133,077 - 16,601 116,476 12.47% Total Executive 482,118 1,274 41,847 438,997 8.94% Finance Department: 132 Human Resources 220,896 7,200 14,289 199,407 9.73% 141 Finance 771,070 37,024 54,694 679,352 11.89% 143 Information Systems 371,273 51,993 25,782 293,498 20.95% 149 Nondepartmental 389,131 20,451 142,554 226,126 41.89% Total Financial Administration 1,752,370 116,668 237,319 1,398,383 20.20% Total General Government 2,848,748 159,010 317,913 2,371,825 16.74% Community Development: 212 Planning 261,570 10,057 30,860 220,653 15.64% 213 Building Inspection 136,402 - 9,608 126,794 7.04% 214 Economic Development 170,035 - 7,777 162,258 4.57% 215 Town Produced Events 289,520 335 99,757 189,428 34.57% 216 Signature Event Seed Funding 5,000 - - 5,000 0.00% 217 Community Grants 197,850 82,400 - 115,450 41.65% Total Community Development 1,060,377 92,792 148,002 819,583 22.71% Police Department: 311 Administration 594,777 20,765 39,106 534,906 10.07% 312 Patrol 2,155,027 44,409 124,625 1,985,993 7.84% 313 Investigations 243,073 - 16,895 226,178 6.95% Total Police 2,992,877 65,174 180,626 2,747,077 8.21% Public Works: 412 Engineering 478,850 560 15,979 462,311 3.45% 413 Roads and Bridges 1,473,326 55,759 252,912 1,164,655 20.95% 418 Buildings & Facilities 1,031,549 139,432 34,221 857,896 16.83% Total Public Works 2,983,725 195,751 303,112 2,484,862 16.72% Department Expenditure Summaries General Fund #10 January 2015 Expenditures to Date Dept./Div.2015 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget Department Expenditure Summaries General Fund #10 January 2015 Expenditures to Date Parks and Recreation: 514 Administration 202,850 4,701 30,955 167,194 17.58% 515 Adult Programs 27,668 40 1,648 25,980 6.10% 516 Aquatics 436,271 4,052 23,549 408,670 6.33% 518 Fitness 137,141 178 4,637 132,326 3.51% 519 Guest Services 252,799 6,476 17,240 229,083 9.38% 521 Youth Programs 121,491 450 4,020 117,021 3.68% 522 Cabin 27,741 - 135 27,606 0.49% 551 Parks & Grounds 985,717 48,886 48,781 888,050 9.91% Total Parks and Recreation 2,191,678 64,783 130,965 1,995,930 8.93% TOTAL OPERATING EXPENDITURES 12,077,405$ 577,510$ 1,080,618$ 10,419,277 13.73% Dept./Div.2015 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,688,919$ 79,061$ 158,566$ 1,451,292$ 14.07% Total Operating Expenditures 1,688,919 79,061 158,566 1,451,292 14.07% TOTAL EXPENDITURES 1,688,919$ 79,061$ 158,566$ 1,451,292$ 14.07% Expenditure Summary Fleet Maintenance Enterprise Fund #61 January 2015 Expenditures to Date Dept./Div.2015 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 240,302$ 8,249$ 22,427$ 209,626$ 12.77% 432 Transit Operations 1,408,165 3,844 71,254 1,333,067 5.33% 435 Wash Bay 221,131 1,897 12,141 207,093 6.35% Total Operating Expenditures 1,869,598 13,990 105,822 1,749,786 6.41% TOTAL EXPENDITURES 1,869,598$ 13,990$ 105,822$ 1,749,786$ 6.41% Expenditure Summary Transit Enterprise Fund #52 January 2015 Expenditures to Date TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: February 24, 2015 Agenda Topic: Town Code Requirement for Gift Reporting and Disclosure Report The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts” includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town Code of Ethics. Please find attached the Town Clerk Gift Reporting Disclosure Report for February 2015, which lists fourteen (14) 3-day VIP passes to the WinterWonderGrass Music Festival (WWG) from February 20th through February 22nd. Town Council is not required to take any action; however, any Town Council member may request Council consideration of a report gift to determine whether such gift constitutes a conflict of interest. Town of Avon Town Clerk Disclosure Report In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon, I, Debbie Hoppe, Town Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of Avon: 1. 2015 WinterWonderGrass Music Festival (WWG) VIP Passes – The Town Council received fourteen (14) 3-day VIP passes to WWG from February 20th through February 22nd. Each member of the Council received two (2) passes, one provided for the purpose of reviewing the event for production and for any future funding request, and the second provided as a gift for a guest (a value of $299.00). Submitted to the Avon Town Council on February 24, 2015. _________________________________ Debbie Hoppe, Town Clerk