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
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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.