HomeMy WebLinkAbout07158ORDINANCE NO. 7158
AN ORDINANCE AUTHORIZING THE EXPANDED ENGAGEMENT OF HOLLAND AND HART,
L.L.P. TO ASSIST THE CITY IN WATER RIGHTS LITIGATION AND RELATED ADMINISTRATIVE
AND OTHER PROCEEDINGS AND APPROPRIATING FUNDS FOR SAID PURPOSE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 _
With the consent of the City Attorney pursuant to Section 6 -7 of the Charter, Holland and
Hart, L.L.P. is hereby retained to assist the City in water rights litigation including obtaining
recreational in- channel diversion water rights, support the Arkansas River Legacy Project, other
water litigation, and for related administrative and other proceedings
SECTION 2
The cost and expenses incurred by the City for the services of Holland and Hart, L.L.P.,
including costs from the services of retained experts, shall not exceed $150,000.
SECTION 3_
Funds in the amount of $65,000 from the General Fund Reserve are hereby appropriated
for said services and shall be placed in Project CP0139.
SECTION 4_
Funds in the amount of $85,000 for said services shall be transferred from the Sewer User
Fund and placed in project CP0139.
INTRODUCED June 14. 2004
BY Michael Occhiato
Councilperson
PASSED AND APPROVED June 28, 2004
J • IL
Background Paper for Proposed
ORDINANCE
AGENDA ITEM #— o
DATE: June 14, 2004
DEPARTMENT: CITY MANAGER'S OFFICE
LEE R. EVETT, CITY MANAGER
DAVE GALLI, DEPUTY CITY MANAGER
TITLE
AN ORDINANCE AUTHORIZING THE EXPANDED ENGAGEMENT OF HOLLAND
AND HART, L.L.P. TO ASSIST THE CITY IN WATER RIGHTS LITIGATION AND
RELATED ADMINISTRATIVE AND OTHER PROCEEDINGS AND
APPROPRIATING FUNDS FOR SAID PURPOSE
ISSUE
The City of Pueblo has a contract with the U.S. Army Corps of Engineers for the
construction of the Arkansas River Legacy Project. In order that the project benefits
be protected against future transfers of Arkansas River water out of the basin and
changes in diversions, which would deplete the flow below the minimum flows for the
project, the City has been pursuing the necessary means to obtain a recreational in-
stream diversion right (RICD) as well as participating in water cases brought by the
City of Aurora and others.
Holland and Hart, L.L. P. has been representing the City with these recreational flow
rights and other water cases pursuant to a prior authorization by City Council. 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 the legal and expert witness cost to substantially exceed
original estimates.
With the adoption of the Regional Intergovernmental Agreement (IGA), the City must
now move forward to resolve the cases listed on Exhibit 3 of the Regional IGA,
including the RICD case. In order to continue the process of obtaining RICD water
rights, it is necessary to continue the engagement of special water counsel.
RECOMMENDATION
Approval of the ordinance.
FINANCIAL IMPACT
This ordinance will appropriate up to $65,000 from the General Fund Reserves and
transfer $85,000 from the Sewer User Fund for continued representation by special
water counsel and water engineering consultants hired as experts by the special
counsel. To date, $650,000 has been appropriated for special water counsel and
water engineering consultants.