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HomeMy WebLinkAbout11586RESOLUTION NO. 11586 A RESOLUTION APPROVING AND AUTHORIZING TRANSMITTAL OF A LETTER OF SUPPORT TO COLORADO'S CONGRESSIONAL DELEGATION FOR FEDERAL LEGISLATION CONCERNING THE FRYINGPAN - ARKANSAS PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The City Council hereby approves and authorizes transmittal of a letter, in substantially the form attached hereto, to each member of Colorado's Congressional Delegation, supporting federal legislation concerning the Fryingpan- Arkansas Project. SECTION 2 The President of the City Council is hereby authorized and directed to sign the letter to each member of the Congressional Delegation. A77TSTDD SY: CITY CLERK INTRODUCED: ADril13.2009 BY: Barbara Vidmar COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council April 14, 2009 The Honorable Mark Udall United States Senate Senate Hart Office Bldg. SH -317 Washington, D.C. 20510 Re: Fryingpan - Arkansas Project Dear Senator Udall: The City of Pueblo ( "Pueblo ") had entered into a May 2004 Intergovernmental Agreement ( "IGA ") with the Southeastern Colorado Water Conservancy District ( "Southeastern"), the Board of Water Works of Pueblo, and the cities of Aurora, Fountain and Colorado Springs (collectively, the "IGA Parties "). The IGA set forth an agreed resolution of multiple and complex water issues that existed among the IGA Parties, including some arising from proposed federal legislation concerning the Fryingpan- Arkansas Project ( "Project "). Under the IGA, Pueblo agreed, inter alia to support certain proposed federal legislation authorizing the Bureau of Reclamation ( "Reclamation ") to (a) conduct a feasibility study of methods to meet water supply needs within the area served by the Project, and (b) enter into contracts for use of the Project's excess storage and conveyance capacity by entities located within the Arkansas River basin and the city of Aurora. Pueblo's agreement to support such legislation was induced by IGA commitments to include in the legislation provisions (1) requiring the Secretary of the Department of Interior, acting through Reclamation, to consider the IGA (including the enforceable Flow Management Program established therein) in conducting the feasibility study, and (2) authorizing the Secretary to refuse to enter into excess capacity contracts with any entity whose exercise of water rights would diminish the water supply available to the Flow Management Program unless they entered into an agreement with Southeastern agreeing to be bound by the Flow Management Program. The IGA Parties also agreed that the authorization for excess capacity contracts would require the contracting entities to also participate in a voluntary flow program to maintain a flow of not less than 100 cfs just below Pueblo dam. The proposed Project legislation had not moved forward due largely to objections by the Lower Arkansas Valley Water Conservancy District ( "Lower ") to provisions in the legislation allowing Aurora to participate in excess capacity contracts. Lower and Aurora have recently approved a stipulation and settlement in a federal court case, under which Lower has now agreed to support the federal legislation. Pueblo looks forward to working cooperatively with the IGA Parties, Lower and the Congressional Delegation in requesting that federal legislation consistent with the IGA requirements summarized above be drafted and passed by Congress, so that the consumptive and non - consumptive water needs of Colorado may continue to be met in the years ahead. Ve truly yours, Vera Ortegon President of the City Council