CITIZENS’ ADVISORY COMMITTEE

Meeting Minutes

January 17, 2008

 

CAC Members in Attendance: Becky Long (Chair), Barbara Boardman, Theresa Jehn-Dellaport, Steve Ormiston, Deb Pilon, Myrna Poticha, Rick Sackbauer, and David Spector

DW Staff: Marie Bassett, Sara Duncan, Bill Bates, Marc Waage and Joe Sloan

Guest: Tim Flynn

OPENING REMARKS, AGENDA AND MINUTES

Minutes and agenda were approved as presented.

DENVER WATER UPDATE

Marie Bassett, Director Public Affairs

Marie stated there was not much to “update” the CAC on as the Board had met once since her last update in December. The Board met on January 8, 2008. Their agenda was full of consent items, mostly contracts and bids which needed to be approved. The Board will meet on the 23rd for a Study Session. Prior to the Study Session the Board has been invited to a breakfast with the CAC. The breakfast will be in the Cheesman Room at 8:00 a.m. on the 23rd.

Several developers attended a meeting hosted by the Conservation section for the pilot soil amendment program. Barbara attended the meeting and stated some in attendance did not like the idea of requiring soil amendments as part of Denver Water’s Operating Rules. Marie stated the program will go in to effect but prior to the start of the program DW wanted to pilot the program to work out any problems with the soil amendment program.

LEGISLATIVE UPDATE

Sara Duncan, Intergov’t Affairs Coordinator

Sara Duncan distributed a list of potential bills which could impact DW and thus would track HB 1026, HB 1044, HB 1099, HB 1141 and S 37. Sara stressed that the Board had not taken a position on any of the bills. The CAC discussed HB 1141 which would require developers to guarantee there was sufficient water before a project could be approved. Steve stated it would be difficult to find an engineer willing to certify sufficient water for a project. In the current form of the bill it does not state what sufficient means and is it for 10 years, 100 years or for the life of a project. The bill does not indicate how much water is sufficient and who determines what sufficient means. In this litigious society Steve can’t imagine an engineer who would be willing to guarantee there was sufficient water for a site. Myrna stated it was in the interest of all sides to work on this bill to get something which could pass. It is necessary to work on smart growth and smart growth needs adequate water. There are parts of the bill which need to be defined but work on those and not work to defeat a bill which is needed. David stated property owners generally want to know their property will have water in the future. We have all heard the stories of properties drying up and the owners have to figure out how to restore basic water to their property. Becky has spoken to the representative who introduced the bill and knows they are willing to work with all interested stakeholders to see what could be done to get a good, fair bill passed.

Sara will not make future CAC meetings during the legislative session but will see if her co-worker Chris can attend. She will continue to write an update and send those to CAC meetings. Myrna would like to have updates between CAC meetings on important legislative issues. A great deal will happen in between meetings. Becky, who tracks some legislation as part of her job, will try to send out information. Sara stated she too will try to send information out but during the session it is very difficult to make any commitments.

SETTLEMENT AGREEMENT ON EAGLE BASIN WATER RIGHTS

Bill Bates, Planning Division

Bill used a map to explain conditional water rights in the Eagle Basin. DW had some conditional water rights in the basin. The diligence on those conditional water rights was challenged. A trial was set but prior to the trial DW and representatives from Eagle County met with a mediator. An agreement was reached. Bill stated there is a feeling that any future development of water rights on the West Slope will be done in conjunction with West Slope entities. The agreement on these conditional water rights hopefully lays a foundation for a future where Denver Water and West Slope entities can work together on water issues.

Bill offered Rick the opportunity to speak as he was involved in the negotiations. Rick stated this agreement shows DW and the West Slope can work together. This is a loss of water to Denver and that is always hard for any owner of a water right. However, Rick believes this loss could be a long term win for DW as it could lead to a better ability to work together on the global solution.

DENVER WATER & CLIMATE CHANGE

Marc Waage, Planning Division

Marc spoke to the CAC in November 2007. He was asked to come back and complete his presentation on climate change and Denver Water. Myrna asked for copies of Marc’s presentation and his supporting documents. Joe will get copies of the presentation to the members of the CAC and copy Marc’s supporting documents to Myrna. Becky will provide copies of the publication “In Hot Water” to any interested CAC members.

CAC BUSINESS

Future Agenda Items
Jason asked for a presentation on forest health. Becky suggested it be done in March. David would like a presentation on the service area and how it was set and issues of expansion and joint use which appears to come up often in CAC discussion. Becky would like to see updates from the mediator and Chips a couple times a year. She also suggested hearing more from Theresa on South Metro water issues.