HomeMy WebLinkAboutIGA.water.development.activitieFIRST READING ON RESOLUTION OF THE PITKIN COUNTY BOARD OF
COUNTY COMMISSIONERS AUTHORIZING THE BOARD TO ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE, GRAND AND
SUMMIT COUNTIES FOR MATTERS OF STATE INTEREST (water
development activities)
TO:
FROM:
RE:
Pitkin County Board of County Commissioners
Regular Meeting - November 17, 2004
Cindy Houben, Community Development Director
Debbie Quinn, Assistant County Manager
In/ergovermnental Agreement with Eagle, Grand and Summit Counties regarding
water issues and proposals for water development activities
BACKGROUND: Please fiud the attached proposed Intergovernmental Agreement (IGA) with
Eagle, Grand and Summit Counties. Eagle County bas requested that Pitkin County and several
other counties (Grand and Summit) work together relative to water development activities.
ISSUES: Both Eagle and Pitkin counties have acknowledged the oecd to address water issues.
The proposed IGA addresses the need to consider many of these water issues on a regional level,
and it is anticipated that Summit and Grand Counties will join the 1GA.
The Pitkin County BOCC has reviewed a water policy plan that contains multiple issue areas
including water quality, minimum stream flows, legal rights, etc. Other western slope counties
have the same need to evaluate these types of issues, and we may find efficiencies working
together concerning regional m~d state level projects and policies.
SUMMARY OF RECOMMENDATION: Staffrecommends approval at lst reading of the
attached IGA concerning review of water related activities.
ATTACHNIENTS:
1. Draft Intergovernmental Agreement (IGA)
2. Draft Resolution
INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN
EAGLE COUNTY AND COUNTY
FOR MATTERS OF STATE INTEREST
This Intergovernmental Agreement (hereinafter referred to as the "IGA") by and
between the County of Eagle, a body politic and corporate of the State of Colorado, the
County of , a body politic and corporate of the State of Colorado, the
County of , a body politic and corporate of the State of Colorado,
and the County of , a body politic and corporate of the State of
Colorado (hereina~er collectively referred to as "the Counties" and individually as a
"County") is made to be effective on this day of ,2004.
WITNESSETH:
WHEREAS, the Counties believe that a coordinated approach to land use
planning is necessary to ensure quality growth and development; and
WHEREAS, impacts of land use activities such as site selection and construction
of major new water and sewage treatment systems; the major extension of domestic water
and sewage treatment systems; efficient utilization of municipal and industrial water
projects; or any large scale water project activities that must be permitted by any County
in accordance with regulations adopted pursuant to H.B. 74-1041 (hereinafter referred to
as "Water Development Activity or Water Development Activities") may cross
jurisdictional boundaries; and
WHEREAS, the Counties have adopted varioUs land use and environmental
regulations that apply to Water Development Activities and areas and/or activities of state
interest within their respective jurisdictions; and
WHEREAS, the Counties desire to cooperate and consider the impacts in all the
Counties resulting from those Water Development Activities addressed by this IGA; and
WHEREAS, pursuant to H.B. 74-1041, as codified in Colorado Revised Statutes
§24-65.1-301, it is the function of local governments to (i) receive recommendations
from other local governments relating to areas and activities of state interest and (ii) send
recommendations to other local governments relating to areas and activities of state
interest; and
WHEREAS, Colorado Revised Statutes §29-20-105(1) in accordance with §29-1-
201 and Article XXIV, Section 18(2)(a) of the Colorado Constitution, author/zes local
governments to cooperate or contract with other units of government for the purpose of
plann/ng or regulating the development o£1and; and
WHEREAS, the Counties desire to cooperate and enter into this IGA in order to
promote a fair and open process for the review of those Water Development Activities
that may be proposed in any County that is a party to this IGA through the joint adoption
of a mutually binding and enforceable agreement.
NOW THEREFORE, in consideration of the above and the mutual covenants and
commimaents made herein, the parties agree as follows:
1. DEFINITIONS. The following terms shall have the meanings as set
forth below:
1.1 Affected County. A County that is a party to this IGA and likely to be
affected by a proposed Water Development Activity.
1.2 Jurisdictional Boundaries. The geographic boundaries of each County that
is a party to this IGA.
1.3 Permit. A land use permit, a development permit, or a permit for an area
or activity of state interest pursuant to H.B. 74-1041 required prior to the commencement
of a Water Development Activity.
1.4 Permit Criteria. Those substantive criteria and standards duly adopted in
land use regulations of the Regulatory County that must be satisfied before a Permit can
be granted.
1.5 Proiect Area. The area of land in the unincorporated area of any County
that is affected by a Water Development Activity.
1.6 .R. egulatory County. A County that is a party to this IGA with legal
responsibility for issuing a Permit for a Water Development Activity.
2. REFERRAL TO AFFECTED COUNTY. A complete Permit
application for a Water Development Activity with/n a Project Area of any County shall
be immediately forwarded to any Affected County. To be considered, the Affected
C '
ounty s response shall be received by the Regulatory County within twenty (20) days of
the date of referral.
2.1 If the Affected County's response is timely received by the Regulatory
County, the Regulatory County shall include such response in the administrative record
for the Permit application [and its evaluation of whether the Water Development Activity
will comply with the Permit Criteria] (I don't think the bracketed language is needed
but there may be a desire to be express about what happens once the information
in the record).
2.2 Any written comments and proposed Permit conditions submitted by an
Affected County and any testimony and evidence presented by an Affected County
during public hearing(s) shall be considered by the Regulatory County during the Permit
decision process.
2.3 The parties acknowledge that nothing herein shall be interpreted as either
(i) affecting the authority of the Regulatory County to render a decision upon any Permit
application, or (ii) predetermining the outcome of such application proceeding.
2.4 The parties acknowledge that notking herein shall be interpreted as
limiting or otherwise affecting the authority or jurisdiction of any County to require a
Permit for any Water Development Activity.
3. PERMIT CRITERIA. The parties agree that a Regulatory County shall
use the Permit Criteria to evaluate the impacts of any Permit application for a Water
Development Activity within its Jurisdictional Boundaries.
4. TERMINATION. The parties agree that any County may terminate this
Intergovernmental Agreement at its option. If at any time during the term of this
Intergovernmental Agreement any County desires to terminate this Intergovermuental
Agreement, the terminating County is required to send written notice of such termination
to the other parties hereto by U.S. Mail at least 30 days prior to the effective date of such
termination.
5. AMENDMENTS. This Intergovernmental Agreement contains the entire
agreement between the parties. Any amendment of this IGA shall take place only upon
approval by resolution adopted by the governing body of each County, after notice and
hearing as may be required by law.
6. MODIFICATION AND WAIVER. No modification or waiver of this
IGA or any covenant, condition or provision contained herein shall be valid unless in
writing and duly executed by all parties.
7. BINDING AGREEMENT. This IGA shall be binding upon the parties
hereto, the respective successors or assigns, and may not be assigned by any County
without the express written consent of the other parties.
8. SEVERABILITY. If any portion of this IGA is held by a court in a final,
non-appealable decision to be per se invalid or unenforceable as to either County, the
entire IGA shall be terminated, it being the understanding and intent of both parties that
every portion of the IGA is essential to and not severable from the remainder.
9. AUTHORITY TO ENTER IGA. The signatories to this IGA affirm and
warrant that they are authorized to enter into and execute this IGA, and all necessary
3
actions, notices, meetings and/or hearings pursuant to any law required to authorize its
execution o£this IGA have been made.
10. NO THIRD PARTY RIGHTS. This IGA does not and shall not be
deemed to confer upon or grant to any third party any right enforceable at law or equity
ar/sing out of any term, covenant, or condition herein or the breach thereof.
11. GOVERNING LAW AND VENUE. This IGA shall be governed by the
laws of Colorado. Venue and jurisdiction for any dispute arising from or out of this
Agreement shall lie with the District Court in and for the Regulatory County.
12. The Board of County Commissioners for each County hereby finds,
determines and declares that this IGA shall be adopted and ratified by a resolution after a
public heating is held. Said resolution is necessary for the health, safety and welfare of
the citizens of each County.
13. COUNTY REPRESENTATIVES. Referrals made under the terms of
this IGA shall be sent to the County's representatives as follows:
ENTITY:
REPRESENTATIVES:
County of Eagle
Director of Department of Community Development
P.O. Box 179
Eagle, Colorado 81631
County of Attention:
County of Attention:
County of Attention:
Name and address changes for a representative shall be made in writing, mailed to the
other representative at the then current address.
THIS INTERGOVERNMENTAL AGREEMENT, made and entered into is to
be effective on the date first set forth above.
ATTEST:
By:.
Teak J. Simonton, Clerk to the
Board of County Corrunissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
Board of County Commissioners
By:
Tom C. Stone, Chairman
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ATTEST:
By:
Clerk to the Board of County Commissioners
ATTEST:
By:
Clerk to the Board of County Commissioners
ATTEST:
By:
Clerk to the Board
COUNTY OF , STATE OF
COLORADO, By and Through Its
Board of County Commissioners
By:.
COUNTY OF , STATE OF
COLORADO, By and Through Its
Board of County Commissioners
By:
COUNTY OF , STATE OF
COLORADO, By and Through Its
Board of County Commissioners
By:.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITK1N COUNTY, COLORADO AUTHORIZING THE BOARD
TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE,
GRAND AND SUMMIT COUNTIES FOR MATTERS OF STATE INTEREST
Resolution No. -2004
Recitals
Eagle, Grand, Sununit and Pitkin Counties, (the "Counties") may share in
the impacts of land use activities concerning water development including,
but not limited to, site selection and construction or extension of water and
sewage treatment systems; efficient utilization of municipal or industrial
water projects; or any large scale water project activities permitted by any
County in accordance with the regulations adopted by H.B. 74-1041 that
cross their jurisdictional boundaries.
The Counties desire to cooperate and consider the impacts in all the
Counties resulting from those water development activities within their
respective jurisdictions.
The purpose of the Intergovernmental Agreement is to promote a fair and
open process for the review of those water development activities that may
be proposed by any County that is a party to the Intergovernmental
Agreement through the joint adoption of a mutually binding and
enforceable agreement.
The Board of County.Commissioners has determined that it is in the best
interest of the citizens of Pitkin County to enter into this
Intergovernmental Agreement.
The terms of the agreement are set forth in substantially the form attached
hereto as Exhibit A, as approved by tht~ County Attorney.
NOW THEREFORE, BE IS RESOLVED, by the Board of County
Commissioners that is does hereby approve the Intergovernmental Agreement between
Eagle, Grand, Summit and Pitkin Counties for matters of state interest pertaining to water
development activities, and the Chair (or Chair's designee) is authorized to execute an
agreement is substantially the form attached as Exhibit A on behalf of Pitkin County.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON
THE 17TI~ DAY OF NOVEMBER 2004.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 20TM DAY OF NOVEMBER 2004.
PUBLIC HEARING AND SECOND READING ON THE Is/DAY OF
DECEMER 2004.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON
THE DAY OF 2004.
ATTEST:
BOARD OF COUNTY
OFPITKINCOUNTY, COLORADO
Jeanette Jones
Deputy Clerk
Date:
PITKIN COUNTY COMMUNITY
DEVELOPMENT:
Dorothea Farris, Chair
Cindy Houben, Director
APPROVED AS TO FORM:
John M. Ely
County Attorney