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HomeMy WebLinkAbout02 Feb hrs minutes 2023 HEALTHY RIVERS AND STREAMS CITIZENS ADVISORY BOARD Regular Meeting February 16, 2023 4:00 PM 123 Emma Road, 2nd Floor Basalt, CO 81621 River Board members present: Wendy Huber, Chris Lemons, Kirstin Neff, Chuck Ogilby, Bill Jochems. Chairman Lemons and Andre Wille appeared via Zoom. River Board members absent: Chris Wheatley Attendees in addition to presenters: Lisa MacDonald, Lisa Tasker, Laura Makar, Matt Annabel, Heather Sackett Board Comment: Ms. Huber provided an update on the grant re-write sub-committee. A questionnaire will go out to the board for review and comment that will then be distributed to past grant awardees. The re-write will be discussed at the March meeting. Public Comment: None Additions/Deletions to the Agenda: None Approval of the minutes for Jan 19, 2023, Nov 17, 2022, Nov 21, 2022 and Aug 18, 2022 Chairman Lemons moved to approve the minutes from January 19, 2023, Nov 17, 2022, Nov 21, 2022 and Aug 18, 2022. Mr. Ogilby seconded. The motion passed 5/0. Mr. Wille joined the meeting at approximately 4:40 pm Lincoln Creek Water Quality – Kurt Dahl, Pitkin County Environmental Health Manger Mr. Dahl gave the board an update of the activities surrounding the water quality monitoring now happening on the tributary to Lincoln Creek above Grizzly Reservoir and below on Lincoln Creek, and above and below the confluence of Lincoln and the Roaring Fork River. Water quality monitoring and fish surveys were implemented by CPW after they reported a fish kill at Grizzly Reservoir in late 2021. Data indicate numerous water quality impacts and the fall 2022 survey data will be further discussed on a Teams meeting between EPA, CPW, CDPHE, Pitkin County Environmental Health, TU, RFC, USGS, and USFS on February 28th. The data that has already been collected will be discussed and next steps will be explored. The current question is what in the area surrounding or within the abandon mines themselves has recently changed and will continue to need to be explored. Work by the Twin Lakes Reservoir and Canal Company will begin at the Twin Lakes dam this summer and there are concerns regarding potential future impacts from those activities. Mr. Dahl was asked to look further into what mitigation measures are planned during the construction activities this summer and to keep the board in the loop going forward. In addition to Mr. Dahl, Ms. Tasker has been attending all of the EPA scheduled meetings. Mr. Wille left the meeting after the close of Mr. Dahl’s presentation. Healthy Rivers Fund Update and 2023 Projections – Connie Baker, Pitkin County Budget Director Ms. Baker provided the Board and update on the Healthy Rivers fund and 2023 predictions for sales tax. Sales tax in 2022 was higher than predicted with fewer people in town but more spending. The 2023 sales tax is predicted to be lower but still robust. The river fund is healthy. Request for Discussion/Feedback on Crystal River OST Properties for Future Management Plan Updates Carly O’Connell, Senior Planner Pitkin County Open Space and Trails Ms. O’Connell asked for Board feedback on OST’s Crystal River properties regarding future management plans. She asked for feedback on questions OST had and if Healthy Rivers had plans for work in the Crystal. She will distribute questions to the Board to allow them to digest and be able to respond after some thoughtful consideration. Beaver Education Campaign Plan and Radio/TV Discussion Matt Annabel, Back40 Stories, Diane S chewner, S chwener Design Group Tim Braun, b2 inc. The Comms Team provided information regarding increased radio and TV presence as requested by the Board at the January meeting. Mr. Jochems moved to approve the Radio Presence including KAJX, KDNK and KMTS recommended items contained in the packet for $7,314.00 Ms. Huber seconded the motion. The motion passed 5/0. Staff will include TV costs to the 2024 budget. The Comms Teams then presented the “Bring back the Beavers” Education Campaign. Healthy Rivers Board By-laws Proposed Amendments – Staff Presentation Staff presented recommended amendments to the by-laws. The most significant changes are the quorum and chair items. Recommended amendments to the quorum will allow for all 7 board members to make up a quorum and not just the Pitkin County resident members. Same for the chair and vice chair. Any member may be chair and vice chair, not just Pitkin County resident members. Also the number of missed meetings that will result in removal of a member has been modified to 3 missed meetings, at which time the Chair may recommend removal of member to the BOCC. Ms. Huber moved to support the recommended changes to the BOCC. Mr. Ogilby seconded the motion. The motion passed 5/0. Staff Report – Lisa MacDonald and Lisa Tasker Staff provided an update on projects and work as contained in the report in the Board’s packet. Open Discussion – Snake River Water District v. Division 5 of the Colorado Division of Water Resources – Laura Makar, Assistant Pitkin County Attorney Ms, Makar gave a thorough review of aspects of the lawsuit that were of interest to the board. A dispute between the Snake River Water District in Summit County and Division 5 Engineers regarding administration of the Historic Users Pool in Green Mountain Reservoir is what led to the case. It was only filed in July of 2022 and Ms. Makar reminded the board that water cases typically can take a long time to be decided, so this case is considered to be very new. A motion to dismiss was also filed by DNR through the Attorney General’s office for two of the three claims whereby DNR said Snake River Water District in conjunction with the Colorado Water District, also in the case, does not have the right to file those claims. This has been fully briefed now, but no decision has been made. The federal government has also filed an appearance in the case, but all parties are waiting for the decision on the motion to dismiss before engaging the Feds and the case will not move forward until that time. Because its unclear if the case will go forward, it is unknown if the substance of the issue involving Green Mountain Reservoir will even get addressed. Green Mountain was originally created to support West Slope irrigation and domestic water users and has done so since the 1950s. In 1983 the historic users pool (HUP) was legally designated to further ensure it continued as a water source for the Western Slope. Snake River filed a case in 1982 attempting to address augmentation for a group of wells and stating how that would happen. That augmentation case was decreed. Some of those wells were pre-1978 meaning some of them may implicate the HUP for Green Mountain Reservoir as available to augment those wells. Relying strictly on their augmentation plan is more expensive than coverage by the HUP for these wells. The ‘82 case did not explicitly say the wells in the case could use the Green Mountain HUP, but that’s typical of the cases that involve wells on the Western Slope. The history leading up to this case is unclear, but it has influenced the AG’s office and they are now requesting Snake River follow their administrative procedures act at this point. Implied is since Snake River never followed those procedures, therefore they cannot go forward in court. This has led to the current motion to dismiss the Snake River case where Snake River is attempting to retain its HUP benefits. A pressing question brought up by this case is whether there is any change in the way the Division Engineers office intends to operate the HUP? Nothing currently points to that, but the Colorado River District has decided this may bring up some concerns for historic water pool users throughout the Western Slope and has joined the case. The case is very early in the process. Ms. Neff moved to adjourn the meeting. Chairman Lemons seconded the motion. The motion passed 5/0 The meeting adjourned at approx. 7:39 pm Approved: Attest: Chris Lemons - Chairman Lisa Tasker