HomeMy WebLinkAbout09565RESOLUTION NO. 9565
A RESOLUTION AUTHORIZING THE EXPANDED ENGAGE-
MENT OF HOLLAND AND HART, LLP TO ASSIST THE CITY
IN WATER RIGHTS LITIGATION INCLUDING OBTAINING
RICD WATER RIGHTS TO SUPPORT THE ARKANSAS
RIVER FISHERIES HABITAT RESTORATION PROJECTAND
OTHER RELATED PROJECTS AND RELATED
ADMINISTRATIVE AND OTHER PROCEEDINGS AND
TRANSFERRING FUNDS FOR SUCH PURPOSE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
Holland and Hart, LLP is hereby engaged to assist City in water rights litigation
including obtaining Recreational In- Channel Diversion water rights to support the Arkansas
River Fisheries Habitat Restoration Project and other related projects and for related
administrative and other proceedings.
SECTION 2
The cost and expenses incurred by the City for the services of Holland and Hart,
LLP, including costs and the services of retained experts, not to exceed $350,000.00, shall
be paid and funded by a transfer to Department of Public Works of $175,000.00 from the
Sewer User Fund and $175,000.00 from the General Fund Contingency.
INTRODUCED: March 25, 2002
By: Al Guru 1 e
Cou Olperson
APPROVED:
President of the City Council
ATTESTED BY:
City Clerk
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City of Pueblo
OFFICE OF THE CITY ATTORNEY
503 N. Main Street, Suite 127
Pueblo, Colorado 81003
Telephone: (719) 545 -4412
Fax No.: (719) 545 -4301
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 3
DATE: March 25, 2002
DEPARTMENT: Law
TITLE
ISSUE
A RESOLUTION AUTHORIZING THE EXPANDED ENGAGEMENT OF
HOLLAND AND HART, LLP TO ASSIST THE CITY IN WATER RIGHTS
LITIGATION INCLUDING OBTAINING RICD WATER RIGHTS TO
SUPPORT THE ARKANSAS RIVER FISHERIES HABITAT RESTORATION
PROJECT AND OTHER RELATED PROJECTS AND RELATED
ADMINISTRATIVE AND OTHER PROCEEDINGS AND TRANSFERRING
FUNDS FOR SUCH PURPOSE
Should the City continue the engagement of special water counsel for the
purpose of obtaining an adjudication of Recreational In- Channel Diversion
(RICD) water rights to support the Arkansas River Fisheries Habitat
Restoration Project and other related projects and proceedings?
RECOMMENDATION
It is recommended that the Council authorize continued retention of special
water counsel for this purpose.
BACKGROUND
The City has been working with the U.S. Army Corps of Engineers on the
proposed Arkansas River Fisheries Habitat Restoration Project for several
years and a Project Cooperation Agreement between the City and Corps will
be presented to Council shortly. Construction of the Project is planned for
September 2002 with completion in March 2004. The Project would involve
installation of facilities including placement of permanent rock structures and
check dams in the river to enhance the riparian habitat, as well as the
installation of a fish ladder /boat chute where a major diversion structure
presently exists. These facilities would be designed to allow kayaks and rafts
to pass and the Project would establish a boating course over about 2000
feet of the river.
In order that the Project benefits be protected against future transfers of
Arkansas River water out of the basin and changes in diversion which would
deplete the flow below the minimum flows required for the Project, the City
has filed a case in the Water Court for Division 2 seeking adjudication of the
necessary in- stream flow rights. Such claims have recently been upheld in
Water Division 1 for the City of Golden, and have been recognized by the
Colorado General Assembly in the recently adopted Senate Bill 01 -216.
These claims should not impair existing water rights held by various water
users, including the City's Board of Water Works.
Holland and Hart has been representing the City in the case pursuant to a
prior authorization by Council. Pursuit of the RICD water rights has raised
issues with respect to the Southeastern Colorado Water Conservancy
District's proposed reoperation and enlargement of Pueblo Reservoir, and
has required participation in numerous water cases filed by other parties
seeking to transfer water upstream. Additionally, the City has been required
to participate in administrative proceedings before the Colorado Water
Conservation Board, present testimony to a Congressional subcommittee
and has participated in extensive settlement negotiations. All of these efforts
have caused legal and expert witness costs to substantially exceed original
estimates. In order to continue the process of obtaining RICD water rights
to secure a continued flow of water in the Arkansas River through the City,
it is necessary to continue the engagement of special water counsel.
FINANCIAL IMPACT
This Resolution would authorize up to $350,000 for continued representation
by special water counsel and water engineering consultants hired as experts
by the special counsel.
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