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HomeMy WebLinkAboutResolution 1979-64JOINT RESOLUTION or THE CITY COUNCIL, ASPEN, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO WHEREAS, the City Council of Aspen (hereinafter "Aspen ") has approved and adopted on ")./7a,6 9 , 1979, Resolution No. /a, (attached hereto and incorporated herein by reference), setting forth certain Goals and Policies, General Statements, objections, and endorsements concerning the plan, program, or project of the United States Bureau of Reclamation and the Colorado River Water Conservation District for the use of Ruedi Reservoir; and • WHEREAS, the Board of County Commissioners of Pitkin County (hereinafter "Pitkin County ") has approved and adopted on January 26, 1976, Resolution No. 76-11 (attached hereto and incorporated herein by•reference), setting forth certain Goals and Policies, General Statements, objections and endorsements ' concerning the use and disposition of water rights adjudicated to Ruedi Reservoir; and WHEREAS, the health and welfare of the citizenry of Aspen and Pitkin County are affected by and inextricably linked to the development and use of.the public and private lands and use and allocation of the water resources of the Roaring Fork River Basin; and WHEREAS, the Basalt Water Conservancy District and Colorado River Water Conservation District have embarked upon certain .plans for the disposition of water adjudicated to the Ruedi Reservoir; and WHEREAS, the - foregoing plans are, in part, represented by an active solicitation, of contracts with municipal and industrial users .for the sale or lease of varying amounts of water from within Ruedi. Reservoir, a component of the Basalt and Fryingpaii- Arkansas Projects, which would substantially impair and negate recreational, aestheLi.c, and fish and wildlife values of Ruedi Reservoir and promote rapid development of the Roaring Fork River Basin; and WHEREAS, it is the determination of Aspen and that of Pitkin County that the following Goals and Policies set forth herein best protect and enhance the health and welfare of the citizenry of Aspen and Pitkin County: 1. To preserve, protect, and promote conditions which enhance the physical and legal integrity of the water resources available for use by the citizenry of . Aspen and Pitkin County; 2. To maintain adequate quality and quantity of water resources of Aspen and Pitkin County to support and promote agricultural, recreational, and fish and wildlife interests; 3. To develop, maintain, and insure. minimum water levels within the natural streams, lakes, and constructed reservoirs within Aspen and Pitkin County; and 4. To provide for the orderly growth of lands within Aspen and Pitkin County to assure adequate municipal and County services to the local citizenry and its visitors and a maintenance of recreational and scenic environment for all to benefit froth; and WHEREAS, Aspen and Pitkin County determine that the following General Statements exemplify, elucidate, and are opined from the aforementioned Goals and Policies and express the City Council's and Board of County Commissioners' judgement and consideration: . 1. Aspen and Pitkin County -support 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 that such optimization does not necessarily mandate the traditional maximum use and consumption of those resources; 2. Aspen and Pitkin County support the prioritizing of waters committed to Western Slope use and stored in the .Green Mountain and Ruedi Reservoirs, 'first to recreational fish and wildlife, and agricultural uses, and only then to municipal and industrial use; 3. Aspen and Pitkin County oppose 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. Aspen and Pitkin County support 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. Aspen and Pitkin County support and advocate the rational, orderly development of the Roaring Fork River Basin, the region, and the nation, and support and advocate consideration of alternative resource development plans designed tc achieve the aforementioned goals; and WHEREAS, Aspen and Pitkin County determine and adjudge that the following proposed features and plans of the Colorado River Water Conservation District are in contravention to the interests and goals' of the citizenry of Aspen and Pitkin County, as set forth in the aforementioned Goals and Policies and General Statements, and are therefore unacceptable to Aspen and Pitkin County: 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 -3- water delivery system for 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 3. Any program, plan, or project for the sale, lease, or other allocation of water from the Colorado River Water Conservation District or the Basalt Water Conservancy District which fails to adequately identify and assess economic, social, and environmental impacts associated with such a program, plan, or project and provide alternate programs, plans, or projects which would best serve to prevent, control, mitigate, or abate the adverse economic, social, and environmental effects. WHEREAS, Aspen and Pitkin County have determined and - adjudged that the following proposes features and plans of the Colorado River Water Conservation District are not inconsistent with the interests of the citizenry of Aspen and Pitkin County, as set forth in the aforementioned Coals and Policies and General Statements, and are therefore acceptable: 1. Preservation and enhancement of agricultural and . m 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 Rued 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. Support minimum stream flows and storage levels by the purchase and acquisition of key senior water rights; and -4-- • WIIEREAS, Aspen and Pitkin County are unable to support said program and plan for the sale of water from Ruedi Reservoir unconditionally, without abrogating its responsibilities to promote the best interests of the citizenry of the City of Aspen and the County of Pitkin; and WHEREAS, Aspen and Pitkin County wish to assure all interested parties of their 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, and the Board of County Commissioners of Pitkin J County, Colorado, that: 1. Aspen and Pitkin County shall countenance, endorse, and 'utilize its resources in the furtherance of the plans, proposals, and programs of the Basalt Water Conservancy District and 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. Aspen and Pitkin County 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: -5- 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 and the Colorado River Water Conersation 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 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 districts 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 or the Colorado River Water Conservation District tending to promote, stimulate, or aggravate municipal or industrial growth within their respective district boundaries is contrary to the interests of the citizens of the City of Aspen and the County of Pitkin 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. D. That no -further sale of water from Ruedi Reservoir be undertaken by the Colorado. River Water Conservation District, except as is consistent with' -6- all applicable local governmental land use plans; -E. That such sales of water from Ruedi Reservoir shall only occur at times or in a manner that the surface recreational value of Ruedi Reservoir shall be preserved;- F. That all releases of water from Ruedi Reservoir to meet obligations under such contracts for sale shall be at times and in quantites necessary to satisfy all appropriate minimum stream flow requirements and established recreational stream flows. 3. The Colorado River Water Conservation District shall analyze the long --term cumulative effect of all Ruedi Reservoir water sales and the effects of individual Ruedi sales prior to the entry into any contracts for the sale of such waters; 4. The Colorado River .Water Conservation District shall establish guidelines with each local governmental entity relative to the sale of water out of Ruedi Reservoir such that no person needing to use water within the District boundaries 'shall be entitled to claim that the Colorado River Water Conservation District holds itself out to provide unlimited water service to all. Approved and adopted by the City Council of Aspen, Colorado, and the Board of County Commissioners of Pitkin County, Colorado, in regular session on this = =-��-- -- day of May, 1979. ATTEST: City Clot CITY 0 SPEN ,r= COLORADO / 1 M7yor f BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO