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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