TC Council Packet 03-07-2000A Brief Synopsis of the Town of Avon
Town Council Work Session
MeetingDate• March 7, 2000
Councilmembers Present: Debbie Buckley, Rick Cuny, Mac McDevitt, Bob McIlveen,
Buz Reynolds, Mayor Judy Yoder.
Councilmembers Absent: Jim Benson
Buck Allen
Judge Buck Allen gave an update on what is happening in the court. Buck gave statistics
on number of traffic violations versus ordinance violations. Councilor Buckley asked if
the volume has changed. Buck said there is not really a change in the volume, but change
in the ratio of traffic violations versus ordinance violations. Councilor Cuny asked if he
still uses the food program for payment. Buck said yes he did. Buck said the amount of
interpreters needed has increased immensely. He said he uses Bert Jaramillo and Leroy
Roybal quite a bit. Bill Efting said we need to compensate Leroy with a dinner for two,
such as we just did for Bert. Buck said Leroy and Bert are doing a great job for us. He
said we can use them for pre-trials, but if it goes to trial we have to hire an certified
interpreter. Councilor Buckley asked who pays for the interpreter. Buck said the town
pays. Buck said we are not only seeing a lot of Spanish people, but Russian, Chech, etc.
Buck said we are seeing more large theft. Councilor Cuny asked if there are many
breaking and enterings. Buck said those would go to district court, we would not see that
at the municipal level. We are seeing a larger amount of juveniles.
Buck says he really enjoys working for the town. He said Cait is doing really well. He
feels the new desk arrangement is working out much better and helping her to be more
efficient. He said Burt Levin is doing a really good job, as well as the police department.
Judging from the number of cases in court, the police are awfully busy. He said working
with Bill Efting and the staff is great.
Buck endorsed Bill's efforts on the attention to the west end of the Town. There are
some real issues in the west end of town. Mayor Protein McIlveen asked what is
happening on the west side of town. Buck said the condo associations are concerned. He
said working with them and giving them any reinforcements will be helpful. Bill said we
are doing neighborhood watch at Sunridge, we've cleaned up the drinking problems and
hanging out problems in the parking lots at West Lake Villas. Bill said the street
improvements will help. Buck agreed. He said police patrol helps a lot.
Visitor Information
Council discussed a visitor information center.
STATE OF COLORADO
COUNTY OF EAGLE
TOWN OF AVON
SS
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, WILL BE HELD MARCH 7, 2000, AT 3:45
P.M. IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
3:45 PM - 4:30 PM 1.) Personnel Matters (Executive Session)
4:30 PM - 4:45 PM 2.) Visitor Information Discussion
4:45 PM - 5:00 PM 3.) Buck Allen
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC
TOWN.gF AVON, COLORADO
BY:
Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON MARCH 3, 2000:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
Memo
To:
Thru:
From:
Date:
Re:
Honorable Mayor and Town Council
Bill Elting, Town Manager B r-
Norm Wood, Town Engineer
March 1, 2000
Application for Water Rights and Change of Water Rights
Summary: The attached letter from Gary Greer, Town of Avon Water
Attorney to Les Botham, Town of Avon Water Engineer is related to the Town's
"APPLICATION FOR WATER RIGHTS AND CHANGE OF WATER RIGHTS" filed
with the Colorado Water Court. The primary purpose of this Application was to formalize
and clarify the Town's Water Rights and allowed uses subsequent to the Eagle Park
Reservoir and related agreements. If approved, the application would authorize the Town
to sell, lease, rent license or otherwise dispose of water to other water users on terms and
conditions that are or may be approved by the town council.
The comments in "REPORT OF THE DIVISION ENGINEER" attached to the letter are
not unusual for this type of Application and do not represent anything unexpected. At this
point it appears that the largest concession may be related to the requested uses. These
may be cut back significantly from the Application, but will still allow the Town to
accomplish it's primary goal of protecting it's water rights from abandonment. At this
point it appears the worst case scenario may be that approved uses would be limited to
municipal purposes within the Town Boundary.
The good news is that the number of objectors is substantially fewer than expected and
their concerns should be relatively easy to address.
Town Manager Comments:
G tC,u,r
C:\Windows\TEMP\Water Rights Progressl.Doc
Sherman & Howard Lix.
GARY L. GREER
Direct Diai Number: (303) 299-8322
E-Mail: GGreer@sah.com
ATTORNEYS & COUNSELORS AT LAW
633 SEVENTEENTIf STRW SUrrE 3000
DENVER, COLORADO 80202
TEUMON& 303 297-2900
FAX 303 2984M
OFFICES IN: COLORADO SPRINGS
RENO • LAS VEGAS
February 21, 2000
Mr. Les Botham
Leonard Rice Consulting Water Engineers, Inc.
2000 Clay Street, Suite 300
Denver, Colorado 80211-5119
Re: Case No. 99CW 172 (Avon's Application for Change of Water Right)
Dear Les:
Enclosed is a copy of the Report of the Division Engineer and Summary of
Consultation in this case. The Division Engineer raises a number of issues and requests the
Water Court not to rule in the matter until the issues are addressed.
The State Engineer and Division Engineer are not opposers in the case and did not
file a statement of opposition, although the Colorado Water Conservation Board did oppose the
application. The City of Colorado Springs in behalf of the Homestead Project filed a standard
(for them) statement.
We have a telephone status conference set in this case for March 16. The new
Water Referee, Mr. Petre, suggested that we provide engineering information and a draft decree
to the opposers prior to the March 16 status conference.
I would like to prepare a draft decree pretty much along the lines of the
application. To accompany the decree I would like to have a report, perhaps in the form of a
letter with tables addressing the concerns of the Division Engineer as to Comments 1, 2, 3 and 5,
and his Recommendations numbered 1, 2, and perhaps 4. That is, the other comments and
recommendations seem to be legal in nature.
The report of the Division Engineer was signed by Alan Martellaro. I do not
know Mr. Martellaro. If you have a good working relationship with him, perhaps we can work
1 , .
Sherman & Howard >< L.c. W. Les Botham
February 21, 2000
Page 2
through you to discuss his concerns and determine the extent to which the Division Engineer is
truly opposed to the application. I expect that we will need to address these concerns.
Please review the Division Engineer's report and call me when you are ready to
talk about it.
Yours very truly,
Gary L. Greer
GLG/dmc
Enclosure
cc: (w/ encl.)
Burton Levin, Town Attorney
Mr. Norman Wood
STATE OF COLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy. 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone: (970) 945-5665
FAX: (970) 945-8741 (call first)
h"pV/water.state.co.us/default.htm
Case No: 99CW172
REPORT OF THE DIVISION ENGINEER
SUMMARY OF CONSULTATION
Applicant(s): Town of Avon
Structure(s) Applied For: Avon Municipal Water System, and Benchmark Lake
Application For: Change of Water Right, Change of Place of Use
COMMENTS
# 1876
Bill Owens
Governor
Greg E. Walcher
Executive Director
Hal 0. Simpson, P.E.
State Engineer
Orlyn 1.8ell
Division Engineer
1. Benchmark Lake is an off-channel reservoir. The applicant must also describe the feeder
ditch, the Metcalf Ditch that will divert the water from a natural stream.
2. The diversion of this previously quantified consumptive use is limited to the irrigation
season, defined in W-3664 as May 13 through October 10. Diversion of this water is also limited by
month as shown in Table 1 of the application. The application appears to request an expansion of
use of this decreed consumptive use to include use during the non-irrigation season (see Items 3 and
3(ii) of page 3 of the application).
3. The application does not cite the source nor provide a table of the evaporation figures for
Benchmark Lake. The total evaporation in 84CW225 appears to be 38.338AF.
4. By this plan the applicant intends to change a portion of its consumptive use to cover
evaporation on Benchmark Lake that was formerly attributed to the interest owned by Eagle-Vail, or
14.58AF. The Town of Avon claims to be successor to this share.
5. The applicants for W-3664 and 84CW225 are Benchmark at Beaver Creek and the Avon
Metropolitan District (the Avon Metro Municipal Water System or AMMWS). In•84CW225
AMMWS owns 63.8% of Benchmark Lake and Eagle-Vail Metro District owns 36.2%. Adminis-
tration of the evaporation on Benchmark Lake is very cloudy. For example, the application uses the
term "Avon's share." Is Avon the Town of Avon, or the Avon Metropolitan District, or the Avon
Metro Municipal Water System? Previous coverage of evaporation by augmentation has been
moved to Eagle Park Reservoir, and it appears the subject 14.48AF is all that is available to cover
the 38.338AF.
6. Application proposes to expand place of use to "include any and all locations on the
Colorado River and its tributaries whether or not they are served with water by the Upper Eagle
Regional Water Authority and whether or not such locations are or were within the historic service
areas of the Avon Metropolitan District, the Eagle-Vail Metropolitan District or the Town of Avon."
Report of the Division Engineer - Summary of Consultation - Case No. 99CW 172 - Page 2
RECOMMENDATIONS
1) The nature of the change requested must be clearly defined. Therefore, a table with surface area and
monthly schedule of evaporation losses, including total evaporation for the entire reservoir, with those to be
replaced by this decree as well as others, must be submitted to the court. This table should include a monthly
schedule of diversions at the Metcalf Ditch and transit losses to Benchmark Lake.
2) Evaporation during the non-irrigation season can be covered by this consumptive use if stored and
subsequently released as replacement from another reservoir. Alternatively, the level of Benchmark Lake
must be lowered at the rate of non-irrigation season losses and storage replaced the following irrigation
season from the subject consumptive use. The previously decreed consumptive use cannot be changed to
outside the May 13 through October 10 irrigation season.
3) No use outside the historic service areas of the Avon Metropolitan District or the Eagle-Vail Metropolitan
Districts without a detailed description of the use and contracts for the use can be granted. Otherwise, any use
outside these service areas is speculation.
4) The claim for "all other beneficial uses" is vague and speculative and must be deleted. The uses fish and
wildlife, fish propagation and fish culture, snowmaking, and golf course irrigation, by exchange, replacement,
and augmentation are unsupported and must be deleted.
The Division Engineer respectfully requests the Water Court not rule in this matter until the above
issues are addressed.
DATE: February 14.2000 SIGNED:
61- C• 2?h,?
Alan C. Martell a&, P.E., Assistant Division Engineer
CRS 1973, Section 37-92-302(4), signed into law May 17, 1988, provides that the applicant or his attorney shall mail or
deliver a copy of this consultation to all parties of record who filed a Statement of Opposition to this application, if any,
and the statute also requires that the applicant or his attorney shall file a certification of mailing with the Water Clerk of
Water Division No. 5 if this consultation is mailed to opposing parties.
CERTIFICATE OF MAILING
I hereby certify that on this day of .? , 2000, a true and correct copy of this
REPORT OF THE DIVISION ENGINEER - SUMMARY OF CONSUL ATION was mailed to:
SHERMAN & HOWARD LLC
GARY L GREER, ESQ
ATTORNEYS FOR APPLICANT
633 SEVENTEENTH ST, #3000
DENVER CO 80202
G?'C?C