HomeMy WebLinkAboutResolution 1980-12FEB 13 1980
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COLORADO RIVER WATER
CONSERVATION DIST fl T
JOINT RESOLUTION OF THE
CITY COUNCIL, ASPEN, COLORADO
AND THE
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
No. 80- 12
WHEREAS, the. City Council of Aspen (hereinafter "Aspen ")
has approved and adopted on May 29, 1979, Resolution No. 79 -12,
and has approved and adopted on May 29, .1979, Joint Resolution
No. 79 -64 (both being 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 Etates Water and Power
Resources Service (formerly United States Bureau of Reclamation
and hereafter "United States ") and the Colorado River Water
Conservation District (hereinafter "CRWCD ") 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), and has approved ?nd adopted
on May 29, 1979, Joint Resolution No. 79 -64, setting forth
certain Goals and Policies, General Statements, objections, and
endorsements concerning the plan, program, or project of the
United States and the CRWCD for the use of 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, as well as
the use and allocation of, the water resources of the Roaring
Fork River Basin; and
WHEREAS, Ruedi Reservoir, a component of the
Fryingpan-Arkansas Project, is of substantial aesthetic
and
recreational value to the citizenry of Aspen, Pitkin County,
State of Colorado, and the Nation as a whole; and
WHEREAS, the costs of construction of Ruedi Reservoir was
presented and justified to the United States Congress and
people, in substantial part, for recreational purposes as well
as for irrigation, municipal and industrial purposes; and
WHEREAS, a repayment contract must be negotiated and
consumated with the United States prior to the release for sale
of water from Ruedi Reservoir; and
WHEREAS, the CRWCD is the proper entity to enter into a
repayment contract with the United States for ultimate
disposition of Ruedi Reservoir water to western Colorado water
users; and
WHEREAS, it is the determination of Aspen and Pitkin County
that no repayment contract with the United States should be
entered into without the benefit of appropriate studies to
determine sufficient seasonal minimum reservoir levels to permit
the continued recreational and fish and wildlife uses of Ruedi
Reservoir; and
WHEREAS, it is the determination of Aspen and Pitkin County
that the water sold from Ruedi Reservoir should be at price
levels, varied by character of use, which reflect current and
projected market economics.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Aspen and the Board of County Commissioners of Pitkin
County, Colorado, hereby adopt and approve the following
Statements of Policy:
1. A hydrology and environmental study should be prepared
to determine proper and adequate seasonal reservoir
levels
and reservoir use periods to permit a
compatible use of Ruedi Reservoir for on -site
beneficial recreational uses and off -site sale of
water to beneficial uses.
2. A hydrology and environmental study should be prepared
to determine proper and adequate releases of any water
sold to ensure maintenance of in- stream flows for the
Frying. pan River below Ruedi Reservoir.
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A hydrology and environmental study should be prepared
to determine firm annual reservoir inflow yields in
consideration of the foregoing reservoir operational
limitations; e.g., seasonal recreational and fishery
levels.
4. An economic and environmental study should be prepared
to determine the proper unit costs for water released
from Ruedi Reservoir to western slope Colorado water
users.
5. In the event the foregoing studies demonstrate a-
material departure from the plan of operation for
Ruedi Reservoir analyzed in the Final Environmental
Impact Statement for the Fryingpan- Arkansas Project, a
new or supplemental environmental impact statement
should be prepared pursuant to the National
Environmental Policy Act of 1969.
6. In the event the foregoing studies are not performed,
an environmental impact statement should be prepared
for the major federal action of entering into a
repayment contract for the disposition of water from
Ruedi Reservoir.
7. No lease, contract, or other commitment to sell or
dispose of water within Ruedi Reservoir should be
exchanged, negotiated, or executed until final
completion of the foregoing studies, establishment of
reservoir operational procedures derived therefrom,
and incorporation of said operational procedures
within any and all repayment contracts.
8. The Colorado River Water Conservation District is the
proper entity to negotiate and contract with the
United States for the release of Ruedi Reservoir water
upon the satisfaction of the foregoing studies,
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establishment of reservoir operational procedures
ensuring adequate seasonal reservoir pools, and
incorporation thereof within said repayment contracts.
9. Representatives of Aspen and Pitkin County shall be
permitted to be present at and participate in all
meetings relating to the establishment of surface
water levels in Ruedi Reservoir, minimum flow levels,
and contract negotiations for the sale of water
involving the United States and any other contracting
entity for ultimate use of water from Ruedi Reservoir.
10. No entity contracting for the disposition of water
from Ruedi Reservoir to utimate water users shall.:
(1) Contract, lease, or otherwise commit water
from Ruedi Reservoir in contradiction of
applicable local_ land use policies; and
(2) in the event such entity is a public
district organized under Colorado statutes,
it shall not represent itself as serving or
ready to serve any and all parties
requesting service within its boundaries.
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 /hZ day of
February, 1980.
ATTEST:
ATTEST:
County C
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CITY OF ASPEN, COLORADO
Mayor
BOARD OF COUNTY COMMISSIONERS
OF PITKIN CO NTY, COLpRADO
By/ / 2/
C? airman