HomeMy WebLinkAboutResolution 1976-11THE BARD OF COUNTY COMMISSIONERS OF TIIE
COUNTY OF.PITKIN, COLORADO
RESOLUTION . - /y •
WHEREAS, the health and welfare of the residents of Pitkin
County are vitally affected by, and inextricably linked to, the
use and allocation of the water resources of the Roaring Fork River
Basin and especially Pitkin County -; and
WHEREAS, the health and welfare of the residents of Pitkin
County are vitally affected by and inextricably linked to, the
use of public and private lands in the Roaring Fork River Basin
and especially Pitkin County; and
. WHEREAS, the Basalt Water Conservancy District has been formed
for the purpose of investigating, planning and implementing water
resources development projects for the benefit of the residents of
said district, and has been designated as the repayment entity for
the Basalt Project; and
WHEREAS, the Basalt Water Conservancy District has proposed
certain plans for the construction of said project, said plans con-
taining features which will have significant and lasting impact
upon the land and water resources of the Roaring Fork River Basin
and especially Pitkin County; and
WHEREAS, it is the determination of the Board that the fol—
lowing Goals and Policies are representative of those which will
best promote the health and welfare of the residents of Pitkin
County:
(1) To develop and maintain conditions that protect the
physical-and legal integrity of the water supplies of
the residents of Pitkin County;
(2) To insure a sufficient water supply to meet the needs
of future generations of residents of Pitkin County;
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(3) To insure a sufficient quality ,and quantity of water
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resources to support the economic viability'of the
County, including the agricultural and recreational
segments of the economy;
(4) To develop the water resources of the Roaring Fork River
,Basin in a manner which optimizes the goals of orderly
growth of the Western Slope, enhances the social welfare
of the residents of Pitkin County and preserves the
natural beauty of the mountain environment;
(5) To encourage flood prevention and protection by flood
plain zoning and, secondarily, by structural methods;
(6) To maintain and protect the water quality of all of
the water resources of Pitkin County;
(7) To develop, maintain and support minimum flows in the
natural streams of the County; and
WHEREAS, it is the determination of the Board that the follow-
ing General Statemehts.illuminate, exemplify, and follow from the
previously stated Goals and Policies, and' express the Board's
judgment and consideration:
(1) The Board supports the use of the water resources of the
Roaring Fork River Basin in a manner which optimizes
the coals of all the residents of the Western Slope and
recognizes that such optimization does not necessarily
lead to the maximum use of those.resources;
(2) The Board supports the immediate allocation of waters
committed to Western Slope use stored in the Green
Mountain and Ruedi Reservoirs, first to municipal and
agricultural uses, and only then to industrial use;
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(3) JThe Board opposes the construction of any water develop-
ment project which would divert water out of the Roaring
Fork River Basin for municipal or industrial purposes;
(4).-The Board supports the concept of governmental sub-
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sidles to agriculture, including subsidization of i.rri-
gation by means of the Upper Colorado River Basin Fund,
provided that the use of subsidy dollars is optimized
for the entire basin;
(5) The Board opposes the construction of any water develop -
'. ment project, particularly one constructed under the
• 1the United States Department of the
1 Interior, Bureau of Reclamation, which would tend to
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; promote or encourage municipal or industrial growth in
the Roaring Fork River Basin; •
(6) The Board supports the protection and enhanccme•:t of
• the natural resources of the Roaring Fork River Basin,
• particularly fish, wildlife and aesthetic resources,
including flora, fauna, geology, and natural streams;
(7) The Board supports the rational development of the
natural resources of the region and the nation, and
supports and encourages the examination and evaluation
of alternative resource development plans..and
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WHEREAS., the Board bas determined that the following proposed
features of the Basalt project are inconsistent with the interests
of the residents of Pitkin County, as set forth in the previously
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stated Goals and Policies and General Statements, and are there-
fore unacceptable to the Board:.
(1) Any Eureau of Reclamation project that would con::truct
a water delivery system for serving domestic, municipal
. or industrial uses in the Roaring Fork River Basin;
'(2) Irrigation subsidies for small "residential farms” not
producing food or fiber for marketing; and
WHEREAS, the Board has determined that the following proposed
features of the Basalt project are not inconsistent with Lhe
interests of the residents of Pitkin County, as aet forth in the
previously stated Goals and Policies and General Statements, and'
'are therefore acceptable to the Board:
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(1) Protection and enhancement of agricultural water rights
• in the Roaring Fork River Basin, including developing
legal constraints to prevent the transfer of such ricjhts
from agricultural to municipal and industrial uses;
(2) Enlargement and extension of the Home Supply Ditch to
divert Roaring Fork River water above Basalt to the
Crystal River above Carbondale for the purpose of main-
taining minimum strearnflows in a critical section of
the Crystal River;
(3) Sale of Ruedi Reservoir water for municipal purposes,
i.to be used by release of water from Ruedi Reservoir for
downstream diversion or exchange;.
(4) A project that would support the Pitkin County concepts
of "Water Resource Impacts" zoning and land use regula-
tion, as set out in the Pitkin County Land Use Code;
(5) Reduction of flood hazards and discouraging development
in a natural flood plain;
(6) Supporting minimum streamflows by the purc!lase of key
senior water rights;
(7) Water Conservancy District operating procedures which
would ensure control, by the Board, of land use decisions
relating to project features or effects within Pitkin
County; and
WHEREAS, certain interested parties have expressed their
desire to receive the support of the Board for the Basalt Project;
WHEREAS, the Board is aware that it is unable to bind said
district to any course of action incons.i.stent with the desires of
the district; and
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WHEREAS, the Board is unable to support said project uncon-
ditionally,'without abrogating its responsibilities to promote the
best interests of the residents of Pitkin County; and
WHEREAS, the Board wishes to assure all interested parties of '
the Board's willingness to support plans and policies for water
'resource development which will be beneficial to all residents of
the Western Slope, but which will not be detrimental to any resi-
dents of the Western Slope,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of the County of Pitkin that:
(1) The Board shall employ its efforts and resources in
support'of the plans and proposals of the Basalt Water
Conservancy District and the Colorado River Water Con-
servation District to develop the water resources of the
Roaring Fork River Basin for the benefit of all the resi-
dents of the Western Slope, insofar as those plans and
policies are consistent with the previously stated Goals
and Policies, General Statements and expressions of
unacceptable and acceptable project features;
(2) The Board shall instruct its agents and employees to
furnish whatever assistance to said districts as might
rc?sonably be required by said districts to enable them
to achieve the various ends identified as desirable
herein; and
(3) The Board shall not oppose the plans and programs of
said districts which are consistent herewith;
PROVIDED that said Basalt Water Conservancy District and Colo-
rado River Water Conservation District immediately seek and suc-
cessfully obtain, in the courts of proper jurisdiction and in
accordance with C.R.S. 1973 537--45 -143, C.R.S. 1973 537 -4G --131,
C.R.S. 1973 537 -92 -301, C.R.S. 1973 537 -92 -203, C.R.S. 1973
§13- -51 -101, and Rule 57, Colorado Rules of Civil Procedure, a
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judicial declaration that:
(1) ' The conditional water rights decrees held by the
Said districts, inconsistent with anything expressed
herein, are abandoned;
• (2) The authorized purposes of the Basalt Water Consery
ancy District include development of agricultural
water supplies for the lands within the district •
boundaries, furnishing municipal and industrial water
supplies for use within the existing boundaries of
cities and towns now existing and located within the
district, enhancement of residual streamflows in the
Crystal River above Carbondale, in the various streams
of the Roaring Fork River Basin above the confluence of
Owl Creek and in the Fryingpan River above Basalt and
below Ruedi Reservoir and development of land treat-
ment of sewage effluent and urban storm wastewater
runoff, but no other purposes; and that agricultural
water allocated by the district may not be changed
from that use;
(3) The construction of any water distribut ton. system by
the Basalt Water Conservancy District tending to
promote or encourage municipal or industrial growth
in the Roaring Fork River Pasin is contrary to the
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interests of the residents of the Basalt Water Con-
servancy District and is neither necessary nor con-
venient to the exercise of the power of said district
and therefore may not be pursued by said district by
virtue of C.R.S. 1973 §37-45-118.
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Approved and adopted by the 13oard in regular session on this
4_-t ay of a --)./.1.-c a.-14-44 , 1976.
Attest 1
C er
Seal. --
ge
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Er4i9 -9-ET - h... Shell rrian, r
Chairman
Joscp S. Bdwards, Jr.
Hembe
f 1( � � ,'�
Mi hac Kinsley
Merril) er