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HomeMy WebLinkAbout06842ORDINANCE NO. 6842 AN ORDINANCE APPROPRIATING $175,000 FROM THE SEWER USER FUND TO SUPPORT 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 PROCEEEDINGS AND TRANSFERRING FUNDS FOR SUCH PURPOSE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A sum of $175,000 shall be transferred from the Sewer User Fund to the Public Works Department to support the cost and expenses incurred by the City for the services of Holland and Hart, LLP, in assisting 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. INTRODUCED: May 28, 2002 BY: Al Gurule COUNCILPERSON APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ITY CLERK PASSED AND APPROVED: June 10. 2002 lu Background Paper for Proposed ORDINANCE AGENDA ITEM # - I1 DATE: May 28, 2002 J $ P'a l DEPARTMENT: WASTEWATER Gene Michael, Director TITLE AN ORDINANCE APPROPRIATING $175,000 FROM THE SEWER USER FUND TO SUPPORT 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 ISSUE Should the City appropriate a sum of $175,000 from the Sewer User Fund to 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 appropriate these funds to support 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. Construction of the Project is planned for September 2002 with completion in March, 2004. The Project would enhance riparian habitat and install 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 in- stream flow rights. Holland and Hart, LLP, have been representing the City in the case. Pursuit of the water rights has raised issues with the Southeastern Colorado Water Conservancy District, has required participation in water cases filed by other parties, and has required the City to participate in administrative proceedings before the Colorado Water Conservation Board, and present testimony to a Congressional subcommittee. Resolution No 9565 authorized expanded engagement of Holland & Hart, LLP, to represent the City in these matters. This Ordinance appropriates the sum of $175,000 from the Sewer User Fund, which was approved previously in Resolution No 9565, as the Sewer User Fund's contribution to this project. FINANCIAL IMPACT This Ordinance would authorize $175,000 from the Sewer User Fund for continued representation by special water counsel and water engineering consultants hired as experts by the special counsel.