HomeMy WebLinkAboutbocc.res.012.1976
'\
THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF PITKIN, COLORADO
RESOLUTION JIll" 7t, -j ~
WHEREAS, the health and welfare of the residents of Pitkin
County are vitally affected by, and inextricably linked to, the
use and allocation of the water resources of the Roaring Fork
River Basin and especially pitkin County; and
WHEREAS, the health and welfare of the residents of pitkin
County are vitally affected by and inextricably linked to, the
use of public and private lands in the Roaring Fork River Basin
and especially Pitkin County; and
WHEREAS, the West Divide Water Conservancy District has
been formed for the purpose of investigating, planning and
implementing water resources development projects for the bene-
fit of the residents of said district and has been designated
as the repayment entity for the West Divide Project; and
WHEREAS, the West Divide Water Conservancy District has
proposed certain plans for the construction of said project,
said plans containing features which will have significant
and lasting impact upon the land and water resources of the
Roaring Fork River Basin and especially Pitkin County; and
WHEREAS, it is the determination of the Board that the
following Goals and Policies are representative of those which
will best promote the health and welfare of the residents of
Pitkin County:
(1) To develop and maintain conditions that protect the
physical and legal integrity of the water supplies
of the residents of Pitkin County;
(2) To insure a sufficient water supply to meet the needs
of future generations of residents of Pitkin County;
#'1, -/:;.
I
l
f
I
I
I
I
(3) To insure a sufficient quality and quantity of water
resources to support the economic viability of the
County, including the agricultural and recreational
segments of the economy;
(4) To develop the water resources of the Roaring Fork
River Basin in a manner which optimizes the goals of
orderly growth of the Western Slope, enhances the
social welfare of the residents of Pitkin County and
preserves the natural beauty of the mountain environ-
ment;
(5) To encourage flood prevention and protection by flood
plain zoning and, secondarily, by structural methods;
(6) To maintain and protect the water quality of all of
the water resources of Pitkin County;
(7) To develop, maintain and support minimum flows in the
I
natural streams of the County; and
WHEREAS, it is the determination of the Board that the follow-
ing General Statements illuminate, exemplify, and follow from the
previously stated Goals and POlicies, and express the Board's
judgment and consideration:
(l) The Board supports the use of the water resources of
the Roaring Fork River Basin in a manner which optim-
izes the goals of all the residents of the Western
Slope and recognizes that such optimization does not
necessarily lead to the maximum use of those resources;
(2) The Board supports the immediate allocation of waters
committed to Western Slope use stored in the Green
(3)
Mountain and Ruedi Reservoirs, first to municipal and
agricultural uses, and only then to industrial use;
The Board opposes the construction of any major storage
reservoir on the Crystal River;
I
- 2 -
~
..
II
.,
j'
('"
(4) The Board opposes the construction of any water develop-
ment project which would divert water out of the Roar-
,J
ing Fork River Basin for municipal or industrial pur-
poses;
(5) The Board opposes the construction of any water develop-
ment project which would divert water from the Crystal
River other than by means of a small diversion dam and
gravity fed diversion;
(6) The Board opposes the construction of any water develop-
ment project which would divert water from the Crystal
River by means of pumping;
(7) The Board supports the concept of governmental sub-
sidies to agriculture, including subsidization of irri-
gation by means of the Upper Colorado River Basin Fund,
provided that the use of subsidy dollars is optimized
for the entire basin;
n
,
lJ
(8) The Board opposes the construction of any water develop-
ment project, particularly one constructed under the
authority of the United States Department of the Interior,
Bureau of Reclamation, which would tend to promote or
encourage municipal or industrial growth in the Roaring
Fork River Basin;
(9) The Board supports the protection and enhancement of
the natural resources of the Roaring Fork River Basin,
particularly fish, wildlife and aesthetic resources,
including flora, fauna, geology, and natural streams;
(lO) The Board supports the rational development of the
natural resources of the region and the nation, and
supports and encourages the examination and evaluation
of alternative resource development plans; and
Ii
,I
,I
.....;
- 3 -
:3
11
I
WHEREAS, the Board has determined that the following proposed
features of the West Divide project are inconsistent with the
interests of the residents of pitkin county, as set forth in the
previously stated Goals and Policies and General Statements, and
are therefore unacceptable to the Board:
(1) Out of basin diversions of water from the Crystal River,
::
for other than agricultural purposes;
(2) Any major on-stream storage reservoirs or pumping opera-
tions on the crystal River;
(3) Any open canal or pipeline which would contribute to the
destruction of the aesthetic value of the Crystal River
Valley;
(4) Any Bureau of Reclamation project that would construct
I
a water delivery system for serving domestic, municipal
or industrial uses in the Roaring Fork ~iver Basin;
Irrigation subsidies for small "residential farms" not
,
(5)
producing food or fiber for marketing; and
WHEREAS, the Board has determined that the following proposed
features of the West Divide project are not inconsistent with the
interests of the residents of Pitkin County, as set forth in the
previously stated Goals and Policies and General Statements, and
are therefore acceptable to the Board:
(l) Protection and enhancement of agricultural water rights
in the Roaring Fork River Basin, including developing
legal constraints to prevent the transfer of such
rights from agricultural to municipal and industrial
uses;
(2) Enlargement and extension of the Home Supply Ditch to
divert Roaring Fork River water above Basalt to the
Crystal River above Carbondale for the purpose of main-
I
taining minimum streamflows in a critical section of
the Crystal River;
- 4 -
1
II
~
(3) Sale of Ruedi Reservoir water for municipal purposes,
to be used by release of water from Ruedi Reservoir
-'
for downstream diversion or exchange;
(4) Diversions from the Crystal River for agricultural
purposes, provided that minimum streamflows are
maintained;
(5) A project that would support the Pitkin County concepts
of "Water Resource Impacts" zoning and land use regula-
tion, as set out in the Pitkin County Land Use Code;
(6) Reduction of flood hazards and discouraging development
in a natural flood plain;
(7) Structural flood protection features for the Town of
Redstone;
(8) Supporting minimum streamflows by the purchase of key
senior water rights;
(9) Water Conservancy District operating procedures which
,-
would ensure control, by the Board, of land use decisions
relating to project features or effects within Pitkin
,
\~
County; and
WHEREAS, certain interested parties have expressed their
desire to receive the support of the Board for the West Divide
Project; and
WHEREAS, the Board is aware that it is unable to bind said
district to any course of action inconsistent with the desires of
the district; and
WHEREAS, the Board is unable to support said project uncon-
ditionally, without abrogating its responsibilities to promote the
best interests of the residents of Pitkin County; and
WHEREAS, the Board wishes to assure all interested parties of
the Board's willingness to support plans and policies for water
re~ce development which will be beneficial to all residents bf
the Western Slope, but which will not be detrimental to any resi-
dents of the Western Slope,
]
/"
?
- 5 -
II
I
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of ~e County of Pitkin that:
(l) The Board shall employ its efforts and resources in
support of the plans and proposals of the West Divide
Water Conservancy District and the Colorado River Water
Conservation District to develop the water resources of
I
\
the Roaring Fork River Basin for the tlenefit of all the
residents of the Western Slope, insofar as those plans
and policies are consistent with the previously stated
Goals and Policies, General Statements and expressions
of acceptable and unacceptable project features;
(2) The Board shall instruct its agents and employees to
furnish whatever assistance to said distric~ as might
reasonably be required by said districts to enable them
to achieve the various ends identified as desirable
I
herein; and
(3) The Board shall not oppose the plans and programs of
said districts which are consistent herewith;
PROVIDED that ,aid West Divide Water Conservancy District and
Colorado River Water Conservation District immediately seek and
successfully obtain in the courts of proper jurisdiction and in
accordance with C.R.S. 1973 S37-45-l43, C.R.S. 1973 S37-46-l31,
C.R.S. 1973 S37-92-30l, C.R.S. 1973 S37-92-203, C.R.S. 1973
S13-51-l0l, and Rule 57, Colorado Rules of Civil Procedure, a
judicial declaration that:
(I) the conditional water rights decrees held by the said
districts, inconsistent with anything expressed herein,
are abandoned;
(2) the authorized purposes of the West Divide Water Con-
servancy District include development of agricultural
water supplies for the lands within the district boun-
I
daries and furnishing municipal and industrial water
supplies for use within the existing boundaries of
- 6 -
&
l
\
1""'\
cities and towns now existing and located within the
district, but no other purposes; and that agricultural
--
water allocated by the district may not be changed from
that use;
(3) the construction of a major storage reservoir or pumping
diversion structure on the Crystal River is contrary to
the interests of the residents of the West Divide Water
Conservancy District, and is neither necessary nor con-
venient to the exercise of the powers of said district
and therefore may not be pursued by said district by
virtue of C.R.S. 1973 S37-45-ll8.
Approved and adopted by the Board in regular session on this
02~ ~ay of
Attest: iI,nl.- qOhr1sbn
Clerk
("1
- Seal -
'J
t.t'P>r~' '. .....
~/ '.. ~fJt,;.C 0 ";;,
,f' 'p- .' -...., I j'" :'
,./ - -~ /~/ . /'!. '~'...)~;' '.
:1 :,., ~"" _
; rlf'! A f ;
: J..J _t "* ,J,:J,.. 'J; ','.'
If, . ;11
~.l- I ( ,
"._. ../ ~v
., I"~ , i' '"
,; -, ~
]
1