CITIZENS’ ADVISORY COMMITTEE
Meeting Minutes
August 19, 2004  

CAC members in attendance: Myrna Poticha (Chair), Michael Buchenau, Tim Flynn , Theresa Jehn-Dellaport, Larry Keesen, Jim Legas, Roberta Simonton  

DW staff:  Chips Barry, Joe Sloan  

Guests:  Brenda O’Brien, GreenCO; Lee W., Customer; Beverly Cribari, Customer; Denver Water Commissioner Tom Gougeon  

Agenda and Minutes  

The agenda was adopted with an additional topic added regarding low water in Lake Powell and possible implications in Colorado .   

The minutes were approved with the following corrections: page 2, middle of the page, 8,000 af of water should be 17,000 af of water; page 3, second paragraph, first word “Some” to replace “Several”.    

Comments from the Public  

Brenda O’Brien stated that GreenCO is interested in continuing work with Denver Water to improve water conservation outdoors.  GreenCO also would like to see indoor water  conservation measures continue and expand and not expect all water savings to come from outdoor (irrigation) uses.    

Staff Update – Chips Barry, Manager of Denver Water  

DIA Flushing – For the last eight years, DW has been looking for someone to take the water.  It is so far away from any developments that there has been no interest.  The fire department requires large amounts of water to be available in case of a fire at the DIA fuel farm.  There are several solutions being studied by Denver Water staff at this time.  Some may cost more than the water is worth.  It will be up to the Board to approve a project to reduce the amount of water currently being flushed at DIA to maintain water quality.  Myrna Poticha stated that no matter the reason for the flushing, that  DW looks very bad when customers are asked to conserve and this enormous amount of water is being wasted.  Chips replied that 55% of the water that is flushed into the sewer system at the DIA site is used or exchanged once it passes through Metro Wastewater.  Chips stated the Board wants a solution to the current situation and one will be found in the next few months.  

Federal Cases and Possible Impact on DW -- Two cases, one in Florida and one in New York on mixing water from different sources, violate the Clean Water Act.  If these cases are won by the plaintiffs, DW could be challenged on how it operates raw water resources.  Theoretically, it could mean DW could not mix Blue River water with South Platte water.  Chips stated DW is working with other water utilities and river commissions to form a response to these court cases.  Briefs will be filed to support states’ rights in determining the regulations on mixing waters and not allowing the federal government to set those types of regulations.  Myrna stated that some creeks in Colorado with high levels of contaminates need to be tracked to prevent contamination of connecting creeks, streams and rivers.  Chips concurred with Myrna that regulation is needed, but he thinks that would be best coming from the state level and not the federal level.  

Lake Powell – Larry Keesen asked what would happen if Lake Powell , now at 40% capacity, went dry.  Would the federal government require Colorado to release more water down the Colorado River ?  Chips replied that the State Engineer controls water in the upper (State of Colorado ) Colorado River .  Once the water leaves the state, the lower Colorado River , it is under the control of the Secretary of the Interior.  He does not think the State Engineer would release water and the Secretary of the Interior has no authority over upper Colorado River water.  However, the Colorado River is the most litigated river in the USA .  DW is a part of a coalition who has hired a consultant to monitor issues on the Colorado .  That consultant will help coalition members on any issues related to the upper Colorado River .             

Surcharges – It is anticipated that the Board will lift restrictions and surcharges at its next meeting.  If needed in the future, the surcharge structure will be different.  The surcharges did what they were supposed to do, conserve water.  The Board may decide to change or review the surcharge structure that was used this past summer.  Customers have been speaking at Board meetings and sending in their comments on the surcharges to the Board .  It would be up to the Board to make any changes.  

Beverly Cribari and Mr. Lee W. spoke to the CAC about the high surcharges they had received on their bills.  Both stated they had followed the restrictions but were hit with a surcharge.  Ms. Cribari stated that she had dozens of neighbors who could not afford to pay the high surcharges and would lose their homes if they paid the surcharges.  She has enlisted the support of several elected officials and vowed to fight the “unfair and unjust”  surcharges.  

Tim Flynn , referring to maps of the billing cycles and surcharges, stated that it was clear that some areas of the service area were hit harder by surcharges than other areas.  It does not appear to be fair across the service area.  Tim stated the Board should review how some areas appear to be paying much more than others. 

Commissioner Tom Gougeon had been meeting with Chips prior to the meeting and stopped in to meet the members of the CAC.  He looks forward to working with the CAC and thanked the members for their work.  The members of the CAC welcomed Commissioner Gougeon to the Board and stated they would like to be of service to the Board .  

10-Year Financial Plan   

Copies of a presentation on the 10-Year Financial Plan were distributed.  Kerry Kuykendoll was not able to attend the meeting.  Joe offered to answer questions.  The issue was tabled and questions on the presentation can be asked at the next CAC meeting when a rates presentation is expected.  

CAC Business  

West Slope Representative -- The CAC reviewed the applications and requested that the four who applied be invited to be interviewed at the next CAC meeting.   

Action:  Joe will send a copy of questions that have been asked in the past to the members of the CAC.     

Surcharges – Roberta stated that the message last year on surcharges was conservation.  All the funds from surcharges would go to fund a conservation rebate program, costs of the drought and the fire.  This year surcharges go into the general fund and they are seen as a punitive measure.  

After a lengthy discussion on surcharges the following two motion were approved:  

            Motion  - All surcharges be lifted by August 31, 2004 .   6 – in favor   1 -
            opposed  

Motion – In the future, if surcharges are considered, they should only be instituted as a conservation incentive and all revenue from surcharges should be directed toward conservation programs.    6 – in favor    1 - opposed  

Denver Water Planning Advisory Committee – The Planning Department has asked Myrna Poticha and Roberta Simonton to be on a planning committee that will look at ways to reallocate Two Forks water rights to other projects.  This is part of the South Platte Protection Plan, which was recently approved by the Forest Service.  Theresa Jehn-Dellaport expressed her interest in being on the committee.  The following motion was approved unanimously:

Motion Myrna Poticha, Roberta Simonton and Theresa Jehn-Dellaport be appointed to the Denver Water Planning Advisory Committee.  

POST MEETING –  Ed Pokorney informed Joe Sloan that there were only two positions on the committee for members of the CAC.  The makeup of the committee is set forth in the Record of Decision for the US Forest Service and cannot be changed unless approval is given.  Ed stated the meetings would be open to those interested, but there could not be three CAC members on the committee.  Joe spoke with Theresa and she understood the situation and requested to be an alternate.  

Future CAC Involvement at Board Meetings  

Roberta Simonton will attend the Board meeting on August 25, 2004 .

Michael Buchenau will attend the Board meeting on September 8, 2004 .  

Future CAC Agenda Items  

·        Discussion on permanent conservation measures  

·        Report on the progress of the Suburban Rate Task Force

Adjournment  

The meeting was adjourned at 7:20 p.m.  

CAC Meeting Actions for Next Meeting – September 16, 2004