HomeMy WebLinkAboutResolution 1979-12CITY COUNCIL, ASPEN, COLORADO
RESOLUTION 4V•/,
r/979
WHEREAS, the health and welfare of the citizenry of the
City of Aspen are inextricably affected by and enmeshed with the
use and allocation of the water resources of the Roaring Fork
Basin; and
WHEREAS, the health and welfare of the citizenry of the
City of Aspen are inextricably affected by and enmeshed with the
use of public and private lands in the Roaring Fork River Basin;
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 citizenry 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 sale, lease, and disposition of water
allocated and adjudicated to the Basalt Project, said plans
encompassing features and programs which will have a significant:
and lasting impact upon the land and water resources of the
Roaring Fork River Basin; and
WHEREAS, the Basalt Water Conservancy District is pursuing
an active solicitation of contracts with municipal and
industrial users for the sale and lease of an amount of water
from Ruedi Reservoir, a component of the Basalt and
Fryingpan- Arkansas Projects, which would substantially impair or
negate recreational, aesthetic, and fish and wildlife values of
Ruedi Reservoir and promote rapid development of the Roaring
Fork. River Basin; and
WHEREAS, the City ok Aspen is a cultural, recreational, and.'
vocational center of the Roaring Fork River Basin, deriving its
principle social and economic bases from the scenic and
recreational environment; and
WHEREAS, the augmentation of development within the Roaring
Fork River Basin will increase the demand for municipal services
and degrade the scenic and recreational foundations of the City
of Aspen; and
WHEREAS, it is the determination of the Council that the
following Goals and Policies set forth herein best protect and
enhance the health and welfare of the citizenry of the City of
Aspen:
1. To preserve, protect, and promote conditons which
enhance the physical and legal integrity of the water
resources available for use by the citizenry of the City of
Aspen;
2. To maintain adequate quality and quantity of water
resources in the City of Aspen and its surrounding environs
to support and promote agricultural and recreational
interests;
3. To develop, maintain, and insure minimum water
levels within the natural streams, lakes, and constructed
reservoirs within the City of Aspen and its surrounding
environs; and
4. To provide for the orderly growth of lands within
and surrounding -the City of Aspen to assure adequate
municipal services to the citizenry of the City of Aspen
and its visitors and a maintenance of a recreational and
scenic environment for all to benefit from.
WHEREAS, the Council determines that the following General.
Statements exemplify, elucidate, and are opined from the
aforementioned Goals and Policies and express the Council's
judgment and consideration:
1. The Council-supports the use of the water resources
in the Roaring Fork River Basin in a manner which optimizes
goals of all residents of the Western Slope and acknowledge
-2.-
that such optimization does not necessarily mandate the
traditional maximum use and consumption of those resources;
2. The Council supports the prioritizing of waters
committed to Western Slope use and stored in the Green
Mountain and Ruedi Reservoirs, first to recreational and
agricultural uses, and only then to municipal and
industrial use;
3. The Council opposes the construction and
implementation of any water development plan.or project,
which would tend to promote, stimulate or aggravate
municipal or industrial growth in the Roaring Fork River
Basin;
4. The Council supports the preservation and
enhancement of the natural resources of the Roaring Fork
River Basin, specifically fish, wildlife, and aesthetic
resources, including flora, fauna, geology, waters, and
watercourses.
5. The Council supports and advocates the rational,
orderly development of the Roaring Fork River Basin, the
region, and the nation, and supports and advocates
consideration of alternative resource development plans
designed to achieve the aforementioned goals; and
WHEREAS, the Council determines and adjudges that the
following proposed features and plans of the Basalt Project are
in contravention to the interests and goals of the citizenry of
the City of Aspen, as set forth in the before- stated Goals and
Policies and General Statements, and are therefore unacceptable
to the Council:
1. Any Bureau of Reclamation project, Basalt Water
Conservancy District program, plan, or project, or Colorado
. River Water Conservation District program, plan, or project
that would construct, sell, lease, or otherwise provide a'
water delivery system for domestic, municipal, or
industrial uses in the Roaring Fork River Basin;
-3-
2. Irrigation subsidies for small "residential farms"
not producing food or fiber for marketing; and
WHEREAS, the Council has determined and adjudged that the
following proposes features of the Basalt project are not
inconsistent with the interests of the citizenry of the City of
Aspen, as set forth in the aforementioned Goals and Policies and
General Statements, and are therefore acceptable to the Council:
1. Preservation and enhancement of agricultural and
non - consumptive water rights in the Roaring Fork River
Basin, including the development of legal constraints
designed to prevent the change in use of such water rights
from said uses .to municipal and industrial uses;
2. Maintenance of a minimum quantity of storage water
within Ruedi Reservoir to preserve and enhance
recreational, aesthetic, and fish and wildlife values;
3. Reduction of flood hazards and discouraging
development in a natural flood plain;
4. Supporting minimum stream flows and storage levels
by the purchase and acquisition of key senior water rights;
and
WHEREAS, the Council is unable to support said project
unconditionally, without abrogating its responsibilities to
promote the best interests of the citizenry of the City of
Aspen; and
WHEREAS, the .Council wishes to assure all interested
parties of the Council's desire to endorse water resource
development beneficial to all citizens of the Western Slope, but
which will not be detrimental to any citizens . of the Western
Slope.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of
Aspen, Colorado, that:
1. The Council shall countenance, endorse, and utilize
its resources in the furtherance of the plans, proposals,
and programs of the Basalt Water Conservancy District and
-4-
the Colorado River Water Conservation District to develop
the water resources of the Roaring Fork River Basin for the
benefit of all residents of the Western Slope, insofar as
those plans, proposals, and programs are in accord with the
aforementioned Goals and Policies, General Statements, and
expressions of unacceptable and acceptable project
features;
2. The Council shall not oppose the plans, proposals,
and programs of said districts which are consistent
herewith; PROVIDED, that said Basalt Water Conservancy
District and Colorado River Water Conservation District
immediately execute actions and successfully obtain, in the
courts of proper jurisdiction and in accordance with C.R.S.
1973, Secs. 37-45-143, 37 -46 -131, 37 -92 -301, 37 -92 -203,
13 -51 -101, and C.R.C.P. 57, a judicial declaration that:
A. The conditional • water rights held by
districts, inconsistent with anything expressed
herein, are abandoned;
B. The authorized purposes of the Basalt Water
Conservancy District include development of
agricultural and recreational water supplies for the
lands and citizens within the' District boundaries,
furnishing municipal and industrial water supplies for
use within existing boundaries of cities and towns now
existing. and located within said District,
preservation and enhancement of residual lake,
reservoir, and stream flows within said District and
in the various waters and watercourses of the Roaring
Fork River Basin not within said District, and
development of land treatment of sewage effluent and
urban storm runoff, but no other purposes; and that
agricultural water allocated by the District may not
be changed from that use;
C. The construction or- advancement of any
municipal or industrial water distribution system by
the Basalt Water Conservancy District tending to
promote, stimulate, or aggravate municipal or
industrial growth in the Roaring Fork River Basin is
contrary to the interests of the citizens of the City
of Aspen and is neither necessary nor convenient to the
exercise of power of said District and therefore may
not be pursued by said District pursuant to.C.R.S.
1973, Sec. 37 -45 -118.
Approved and adopted by the Council in regular session by a
vote of 6 to 0 on this day of May, 1979.
ATTEST:
,d/4E,c�