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Home My WebLink AboutPACKET Public Works 2000-05-181 r AGENDA TOWN OF ESTES PARK PUBLIC WORKS COMMITTEE MAY 18, 2000 8:00 A. M. Preparation date: 5/12/00 *Revision date: 1.P.S.Co. Utility Easement on Town owned property @ Hwy 34/36 intersection Request for an easement 2.NCWCD proposed Windy Gap Reservoir Project Request that the Town participate with the funding of the project 3.Mall Rd. Trail Change Order Request for approval 4.Parks Dept. 3 Wheel Turf Truckster Request to purchase budgeted item Reports: 1. Customer Service Response 2. Hwy. 36/7 Project update TOWN of ESTES PARK Inter-Office Memorandum May 16, 2000 TO: Public Works Committee P- f 3 FROM: Bill I.innane </ 5, ~A~W-04.- SUBJECT: Public Service Company Utility Request RArkgrminrlÂ· The Public Service Company was required to relocate a main line during the recent bridge widening at the intersection of Hwys. 34 and 36. The Town staff allowed them to relocate it just north of the bridge on Town-owned land since the area is unbuildable due to the narrowness of the property, property line setback requirements and the proximity of the river. They were also relocating the line at no cost to the Town. Cost/Budget N/A RprnmmpndationÂ· Staff recommends approval of the easement request. BL/lb Attachments 1-1 ., .1 dij~ PUBLIC SERVICE ~ / COMPANY OF COLORADOâ„¢ A NEW CENTURY ENERGIES COMPANY Northern Division 1901 E. Horsetooth Road Ft. Collins, Colorado 80525 December 3,1999 Kerry Prochaska, P.E. Rocky Mountain Consultants, Inc. 437 South St Vrain Estes Park, CO 80517 RE: Public Service Company utility easement: SH 36 between US 34 and SH 7, Estes Park, Colorado to accommodate CDOT Project No. STA 0361-049 / STE 0361-054. Dear Kerry: Thank you for your prompt response in providing a legal description for the required utility easement to cover the newly re-routed gas main at the location stated above. As discussed on the phone. please contact the Town of Estes Park to have the enclosed easement document signed and notarized. Once completed, please send the document back to me for recording at Larimer County. I will then provide two copies of the fully executed easement to you for RMC's and the Town's files. Please let me know if you need any additional information or assistance. I can be reached by phone at (970) 225-7847 or paged at (303) 556-1588. Thank you for your cooperation on this proj ect. Sincerely, 70 - Randy Blank, P.E. Public Service Company of Colorado File: CG36] Ease CC: Greg Sievers, Town of Estes Park Mike Frederick, CDOT 1-lA ' PSCo Doc No. 105911 * ' 1 N , 1 1 040 0 11 \ ,1 / 1 # , :-I-%;7:71 24 they 01 '4Â» O . CALE 1 " = 40' r *- 1. - 1.J- 3 I ' - --'.- - i - . - W 4 --7- - r . , - A .//I..-Â·Â· . - 0.,e- - .1 I . t I , - 4 *Â£- - - . . . - Â·Â·- . câ‚¬C<a ~ . I ~ * 1 .- 11. 91. ~ /,43 ./ 0/ / // r..V .. W .r W.. I 4 a, / f / r f ' - i - r. -6 1111 ///./. /// /// . Â¥ - -. 401/7- ........V . + . 1/7 4 I . . - V 4 /.V- I . --,- - ...--1 1 .//./. 4 . -02:V -------* . W - . , - I , 91. 4 4. 9. -a - .5931 1 illl f}f: --w---A ...bz.. . - 4-3*.-.2 Â»72 'Al . rt 3 497 1 e , 1 2 3 1 - - - - - ~ - - - 1 - ~ -6:/Pr / be - 92 0â‚¬11 0 12 & 4 //22 -- Up\- , 0. - 9 -91 I - kz//- ~ 0 tr Â»61 ch ~ ~555>f~~' PERMENANT_ Mit=42 4 /37 _ r - 7 2 -ko /4/'92 U* :A-ukic.iv I N\- - \2447.-4 120:7- 42Â« 4/// /h'-L- Co ' JAU E POINT OF BEGIN N ING i I ~ ---- 3 ---i-- . -%- t 3 1 1 -1 - -1*1-- - 1--- - - f. 5 5 L 3 9 1 r.6 Â»2.- rs ._- . - - V --- //l// 2 Nfl 1-29~< EXHIBIT "A" PSCo Dcc No. 166911 ROCKY MOUNTAIN CONSULTANTS, INC. ,:mc 437 South St. Vrain Estes Park. CO 80517 (970) 586-2458 Metro (303) 825-8233 Fax (970) 586-2459 A 10 foot v.ide permanent easement located in the NE 1/4 ofthe NE 1/4 of Section 25, Township 5 North, Range 73 West of the 6* P.M., Town of Estes Park, Larimer County, State of Colorado, center line of said easement being more particularly described as follows: COMMENCING at the Northeast comer of Section 25, Township 5 North, Range 73 West of the 6th P.M.: whence the E 1/4 of said section bears S 00Â°05'00" W with all bearings relative thereto; thence S 44Â°26'23" W 807.81 feet to a point on the northerly right-of-way line of State Highway 36 also being the TRUE POINT , OF BEGINNING; thence N 38Â°45'56" E 26.40 feet; thence N 67Â°56'01" E 43.89 feet; thence N 72Â°44'45" E 57.84 feet; thence S 7613'55" E 44.85 feet; thence S 71Â°52'13" E 83.83 feet; Ihence S 65Â©14'08" E 33:40 feet: thence S 37Â°23'43" E 3.48 feet to a point on the nonherly right-of-way line of State Highway 36 and the termination of said easement. CIVIL AND ENVIROMENTAL ENGINEERING Â· PLANNING 1-3 679Â»1 4 TOWN of ESTES PARK Inter-Office Memorandum May 11,2000 1 TO: Public Works Committee FROM: Bill Linnane ~/|-1~>t 044-~A- CC: Greg White, Bob Goehring SUBJECT: NCWCD request that the Town. of Estes Park participate financially in a proposed Windy Gap reservoir construction project Barkgrniind: Please refer to the attached letter from Greg White for the following discussion. Currently the volume of all of the CBT reservoirs on the western slope is used entirely for CBT water during wet years. During these wet years, Windy Gap water takes second priority to CBT, making Windy Gap water unavailable unless it is "firmed" up with CBT water. NCWCD has established a system whereas use of Windy Gap water requires an entity to collateralize all Windy Gap water use with an equal volume of CBT water. In -a wet year when all reservoirs are full, the collateralized CBT water is used in lieu of Windy Gap water thereby negating any Windy Gap water rights. In a normal year, the Town can use both Windy Gap and CBT water. (Continued on page 2) Cnqt,/ R tiriget N/A RprommpnrlationÂ· Staff recommends: 1) Approving the long-term projections and the Comprehensive Plan year 2022 build-out estimate for water rights planning. 2) Not participating financially in the proposed NCWCD reservoir project 3) Purchasing an additional 100+ ac. ft. of Windy Gap water to provide a safety factor against future unknowns. Page 1 - NCWCD proposal 2-1 (Continued jtom page 1) NCWCD is in the planning stage of constructing an additional Windy Gap reservoir for the purpose of providing additional storage for Windy Gap water and thus getting around the collateral requirements. They have asked Estes Park to cooperate financially in the project in return for a share of the proposed reservoir's volume. This would mean that Estes Park could consume 100% of all its CBT and Windy Gap in any given dry or wet year. NCWCD has given us a June 1 deadline to respond. To determine if Estes Park should participate, staff has projected the Comprehensive Plan long-term, build-out water demand and compared it to the Town's existing water rights supply. The attached water rights vs. build-out demand spread sheet summarizes the results, and has determined that current water rights exceed the projected build-out demand. The comparison study includes the following two main components: 1) Prnjectprl Build-nlit r)pmand Section 4.5 of the Comprehensive Plan (attached) was used to project future demand. The plan estimates a 2.8% annual growth, and a build-out population of 20,000 in the valley. Assuming a year 2000 valley population of 11,000, build-out would occur in the year 2022. Staff applied this growth rate and time frame against the 1999 water consumption of 1,494 ac. ft. and projected a year 2022 demand of 2,820 ac. ft., an 89% increase over the 1999 demand. 2) The Town'q Aiwmentation Plan Draft U The Town is in its final phase of the augmentation plan approval process. All objections from concerned entities have recently been resolved and Town Attorney Greg White estimates that the Town will have a final decree by July of this year. This has allowed staff to use the plan's 90% augmentation credit for future planning. In other words, for every 100 ac. ft. of Windy Gap water produced by the Town, only 10 ac. ft. is required to be returned to the river. As shown on the attached spreadsheet use of 204 ac. ft. of Windy Gap water allows the Town the rights to 2022 ac. ft. of Glacier Creek low-priority water. To summarize the study, the Town has existing water rights of 3,021 ac. ft. with full use of our augmentation plan. This is adequate to meet the year 2022 build-out projection of 2,820 Page 2 - NCWCD proposal 2-2 ac. ft To add a factor of safety against future changes in Windy Gap policy, errors in the Comprehensive Plan population projection and other criterions, it would be good planning, as well as a good investment to purchase an additional 100+ ac. ft. of Windy Gap water at some point in time. BL/lb Attachments Page 3 - NCWCD proposal 2-3 Â©*88*~%*4%**E~ 0 no 1@0 0065!29*&290606 -3~ 2933aaaeg~ S. 1 <A<DhoOO=-r OO 001< OOLO m Â£ i R' S 5 2 2 00 000(00)1-â€ž00).- r 1. C\1 0 - OR OC! OC! U.3 2 ~~06-Euccu A-*Noriooppi# 00 c E 6- Â®11 h O) 00 (D C) c\1 (9 Co CD N 0 0 1- 1- C\' CO 09 CD CU ,- 1- (10 W .-I â‚¬ 4 <C U) LU 2 CE (D D r IL -9 " rn <C --Â· cO- R 9 -0 -0 .0 -0 4 30 3232 0 32 32 32 00000 53! ~ ~ S~ 0 g- L . co co <o r~ -â€žâ€ž1-1- 0- 0- 0- 0- N h CO r 0 00000, 52. 00 0 (D U) 0 02 4- 0, C\1 Ill A -12<E 1- > D y.wk- 0 CD 2, <2 -9 E 3 (0 2.9 r m 11 E -O 5 06 E 2 acc a. CO -IR# 2 352559555588 L M C) CN -8 16 =gg 22&3SS 83 G ui co co o N co .- . 00 CD r. C 0 Â¥- 0) 1- 01-OrrO r Or CO C\1 co m CO CO m CO M CO CO CO g 42 4 & a. 5 1 Y 52 /3 5 K 116<6 -1-1<U)OZO 2-4 *01 EZOE 238.02 8.02 90.79 (000'oz = 'dod XeileA 'lno pl!ng 2202 ..IA '4]AAO]6 lenuue %83 :g'* 7099 'ueld Ewoo) 18-Ov 028'g = ulap pelell]!lse O L loo :IV *02 sluew6ne/SE Jed 'L Bd 'Id 5nv: peaoile esn ts L '9 YR. 2022 VALLEY BUILD-O R PRODUCTION DEMAND Month Days in % of yearly Ma tor G ~ier Month production Production (2)*(f~F~~560) 20 lesse r~~r (7) - ( 191.~1 157.36 36 238.02 77.10 191.48 238.02 245.95 245.95 245.95 245.95 22~31.80 279 Ld.08 0018 L OOZE L P = 159.10 YR 2000 EXIS ING WA TER RIGHTS Must be = or > col. 9 total lejol Z loo < Jo = acl isnIN LEOE 5.98% 168.64 175.69 ) A laM/O!JeuaoS aseo istoM - 'sly 'M lel (1) (2) (5) dee *pu!M JOJ Vsn le 998 units @ .5 Plan g 12) < River epletion Chapter Four â€¢ Land Use l. GROWTH PROJECTION Current Town and County zoning classifications allow for substantial residential and commercial growth. Based upon the public workshops, and revised future land use categories and a proposed Future Land Use map were developed. Utilizing these two tools, a residential growth projection was also made, with the following assumptions: 1. County Assessor records were used to determine "vacant" parcels. 2. A typical density was used, based on proposed future land use categories. 3. 25% of the land area of the vacant parcels was deducted to account for roadways. 4. Existing improved parcels that are large enough to be subdivided were considered as potential new development lots. 5. The forecast estimated 2.3 persons per household. Two different approaches were examined. Both approaches tend to indicate a potential Valley population of 19,000- 20,000 people over time. It should be noted that Census Tract 28 is not the same geographic area as the Estes Valley Planning Area. The 1990 census count for the census tract was 9,139. Based on a current analysis of each improved residential parcel, it appears that the Valley's 1996 population is approximately 9,861 people. Assuming an existing population of 9,861 within the Valley, and a 2.8% rate of growth as suggested by Dr. Adams, (Chapter Three) future population projections are shown in Figure-4:3 below: FIGURE 4.3 ESTES VALLEY POPULATION TRENDS PROj ECTIONS Year Population Rate 2000 10,969 2.8% 2005 12,593 2.8% 2010 14,457 ' 2.8% <ESTES VALLEY COMPR EHENSIVE PLAN, 2-5 Received: 5/16/00 8:27AM; -> Town Of Estes Park; Page 2 Memo Date: May 15,2000 To: Public Works Committee/Board of Trusmes Fmrn: Gregory A. White RE: Augmentation Plan-Future Raw Water Supply The purpose of this memorandum, along with the accompanying memorandum of Pub]ic Works Director Linnane, is to provide the Committee and the Board with information with regard to the Town's cuttent raw water supplies, the Town's augmentation plan, future raw water needsâ€ž and operational capabilities. Current Raw Water Supplies The Town's water supply comes from the following sources: Native sources: The Town owns direct flow rights in Black Canyon Creek, Glacier Creek and Fall River. USBR water. The Town receives 500 acre-feet of water per year pursuant to a contract witb the Bureau of Reclamation. Colorado Big Thompson Units The Town owns 998 units of CBT water. 1 2-6 pg. 1-24 Received: 5/16/00 8:28AM; -> Town Of Estes Park; Page 3 Windy Gap Water The Town owns 3 units @00 acre-feeÂ© of Windy Gap Water. The Town's native flow water Eghts are junior in priocity and their diversion by the Town into its Municipal System is generally out of plioaty and subject to alrtailment by the River Commissioner to meet senior calls. The Town's CBT units and USBR water are both provided through the CBT Project works and delivered to the Town at its tap on the Mary's Lake pipeline for use in the Mary's Lake Treatment Plant. Neither of these water sources can be used more tban once through the Town's municipal system. The Town's Windy Gap water is also delivered to the Town through the Colorado Big Thompson Project works, but is available to the Town for reuse putposes. Windy Gap and the Augmentation Plan In 1969, the Town along with the City of Boulder, City of Ft. Collins, City of Greeley, City of I,ongmont and the City of Inveland encered into the Six Cities Agreement The purpose of that Agreement was ro develop water supplies front the Colorado River lulown as the Windy Gap Project , The Wisely Gap Project was envisioned as a diversion of Colorado River water at Windy Gap (located 2 miles west of Grandby) by means of a pumping plant and pipeline into Grandby Reservoir. The collection and storage works of the CBT Project had sufficient extra storage available to allow introduction of the Windy Gap water into the CBT system. In 1970 the six cities created the Municipal Subdisttict of the Northern Colorado Water Conservancy District to administer and build the Windy Gap Project. The Windy Gap water rights were transferred from the six cities to the Municipal Subdistict. In 1976 the Town along with the cities of Ft Collins and Inveland transfecred 1/z of its Windy Gap allotment contract to the Platte River Power Authority, leaving the Town with 40 units of Subdistict water (4,000 acm-feet). The Windy Gap Project was completed in 1985. Ptior to 1985 the annual cost to the Town for its Windy Gap water was approxiinately $2,000 per unit. However, with the completion of the construclion, payment on the bonds, which were sold to Received: 5/16/00 8:28AM; -> Town Of Estes Park; Page 4 finance the project, substintially increased to approidmately $20,000 per unit per year in 1986. The Town recognized that it did not need all of the 40 units of Windy Gap water and commissioned a study by WW Wheeler and Associates for future raw Water needs. That study indicated that the Town needed only to retain 300 acre-feet of Windy Gap water (3 units) for its future raw water needs through the period of the study. Based on that study, the Town sold 37 units of its Windy Gap water to the Supetior Metropolitan Disttict (35 units), Central Weld Water Conservancy Distict, (1 unit) and the Left Hand Water Disttict (1 unit). The terms of the sales were that each entity paid the Town 111 amounts it had expended on the units sold from the inception of the project, plus intefest to the date of sale. 'Ihe entities also assumed all liabilily for future bond payments from the date of the sale. Since the eally 1980'8, the Town has contemplated using Windy Gap water as augmentation water for an augmentation plan which would allow the Town to divert its out of pdotity native flows and replace the consumplive use of those native flows with Windy Gap water. 'rhe Estes Park Water System is located in a geographically de6ned basjn with very few highly consumptive uses Oe. lawn iriigation, and agricultural). The actual consumptive use is approximately 10Â°/0 of the amount of water introduced into the Town's Municipal Water System. In 1992, the Town commissioned Rocky Mountain Consultants to prepare a plan for augmentation. This plan,'delivered to the Town in December of 1992, was a detailed study of the Town's Municipal Water System and provided the engineeting basis for the Town's plan for augmentation. In 1997, the Town filed in water court (Water Division One) its applicalion for change of water :ights, approval of plan for augmentation, and adjudication of approptiative tights of substitution and exchange. Accompanying this Agfeemenc is a copy of the draft Decree which all parties filing a statement of opposinon and the Town have agreed to file with the Water Judge for his signature. Hopefully, said Final Decree will be executed in the immediate future. The Final Decree will transfer the point of diversion for the Fall River and Black Canyon water rights to the Glacier Creek Diversion Point for use in the Glacier Creek Plant At the present dme, the Fall River Treatment Plant is not being used due to the turbidity of the water in Fall River as a result of the Lawn Lake flood. The plan for augmentation allows the Town to divert its native water tights out . I I .j 4 . .F . Received: 5/16/00 8:29AM; -> Town Of Estes Park; Page 5 of pdodcy at Glacier Creek and introduce Windy Gap wates into the Big Thompson River to replace the water diverted from Glacier Creek. The Augmentation Plan specifies how this is to be done throughout the year including the percentages of consumption based upon historical Town water use records and tbe engineeting work done by Rocky Mountain Consultants in its Plan for Augmentation and its 1998 Temporary Substitute Water Supply Plan which updated the 1992 Augmentation Plan. In summary, tbe augmentation plan allows the Town to use its Windy Gap water to replace only that portion of the Town's treated water which is actually consumed by use in the Municipal Water System. Since Windy Gap water can be reused ro extinction, the Town through the augmentation plan obtains an approximate ten fold increase in its water divefsions as opposed to the current Municipal Water operations. Based upon the current purchase price of $12,500 for a CBT unit (7/10 of an acre-foot), which equals $16,250 per acre-foot, the augmentation plan represents a savings to the Town of approximately $43,875,000.00 of raw water supplies at the cuccent market mte. Assumptions for Future Water Rights 1. Amount of eventual buildout of the Estes Park Municipal Water System. Total buildout is based upon the Estes Valley Comprehensive Plan. Change in the population and water use projections in the plan would trigger a need to review the Town's future raw water needs. 2. Integrated Operations of the CBT and Windy Gap Project. In 1990, tbe United States Bureau of Reclamation and the Municipal Subdisttict Northern Colorado Water Conservancy Distlict entered into the Amended Cobtract for the Storage, Cardage, and Delivery of Water (the Carriage Contnct). The Carciage Contnct recognized the concept of "in lieu" delivery of CBT water for Windy Gap water subject to operating ccite~a developed by the Municipal Subdistrict and the Bureau. That operating critelia is attached hereto. In lieu delivery allows the Town to receive CBT water in lieu of Windy Gap watÂ¢I if Windy Gap water is not physically available in Grandby Reservoir for use by the Town. Windy Gap water will not be available for use by the Town in wet years in which there is no storage capacity in the CBT system for the introduction of Windy Gap water and extremely dry years where the Received: 5/16/00 8:29AM; -> Town Of Estes MarK; rdW= &/ . Windy Gap water Iights never come into priolity due to lack of water in the Colorado River. The Camage Contract is good for 40 years from November 1, 1985 and subject to succesdve 40-year renewal petiods. 3. The Windy Gap Project yield. The Windy Gap Projects projected yield is 48,000 acce-feet per year. The Town owns 3 of the 480 units of the Windy Gap Project. All hydrological studies done to date indicate that based on histoitc hydrological conditions on the Colorado River at Windy Gap, the project will produce an average annual yield of 48,000 acre-feet 'Ihese studies assume that all Windy Gap water introduced into Grandby is used each year by the project participancs in order to open up storage capacity in the subsequent year for the introduction of that year's Wwdy Gap water. At the present Ene, the project has had a peak yield in one year of approximately 20,000 acre- feet. This amount of water was pumped into Grandby from the project reservoir in order to make absolute the Conditional Water Right Decrees for the Windy Gap Project. Other than the year in which 20,000 acre-feet were pumped, the Windy Gap Project has been operated only sporadically, as other than PRPA, there is no current user of Windy Gap Water. However, the Cities of Broomfield and Supebor anticipate that they will be using their full allotment of Windy Gap water within five years. In the last 10 years, Colorado water cights have been affected by Federal Legislation notably the Endangered Species Act (ESA) and the Clean Water Act (CWA). Those Fedefal Acts have introduced new restrictions on water rights in Colorado. It is anticipated by the water community that this federal legislation may restrict diversion of water tights on the Colorado River impacdng the ability of the Windy Gap Project to fully ulilize its decreed water dghts. In the event that the ESA, CWA or any other future federal limitations impairs the ability of the Windy Gap Project to fully utilize its decreed nights, the Town's share of the Windy Gap Project may decrease. At the present time this is a mere possibility and is unable to be quantified. Received: 5/16/00 8:30AM; -> Town Or Estes Park; Mage i 4. Drought It is hypothetically possible to have a series of da years dwing which neither the Windy Gap Project nor the CBT project can produce water. In the hydrological history of the Colorado River there have been no circumstances in which the number of dry years necessary to achieve this has occurred. However, projected hypothetical droughts do indicate that there is a possibility that during a severe drought, both the CBT Project and the Windy Gap Project would produce little, if any, water, 5. Operational Consmints on Use ofWindy Gap Water It should be noted that the Town's ability to maximize its augmentation plan is limited by the amount of water available in Glacier Creek for out of pbodty diversions. The water has to be physically available for diversion from Glacier Creek in order for the Town to use its augmenmtion plan. 6. The Windy Gap Filming Project. Spurred by the needs of Broomield and Supebor to have a finn supply of Windy Gap water available to them in the year 2005, the Municipal Subdistlict has fonmed the Windy Gap Fianing Project Water Activides Enterprise for the purpose of explofing, financing and eventually constructing a storage reservoir for Windy Gap water. Unlike the Town which can collatnialize ics Wmdy Gap water with either its USBR water or CBT units, Bfoomfield and Suptior do not have those water sources available to collateralize their Windy Gap water. Therefore, they need storage capacity to store Windy Gap water when it is available. Their studies show that 2.5 aae-feet of storage is necessary to finn 1 acre-foot of Windy Gap water. The Subdisttict has sent requests to all Windy Gap participants stating that if a participant is interested in participating in the water storage project that said participant must indicate that interest including the amount of acre-foot parocipation, by June 1* 2000. The present estimated cost for each acre-foot of stored water for this project is $4,500. Based upon this memo and the memo of Public Works Director I.innane, it is the staffs recommendation that the Town not participate in Received: 5/16/00 8:BOAM; -> Town Of Estes Park; Page ts the storage project as it appears the Town has suficient Windy Gap water to provide for its raw water needs through the year 2022 (EVCP estimated buildout). Said recommendation is based upon the assumptions as set forth in this memorandum and the memorandum of the Public Works Director Linnane. Purchase of Windy Gap or CBT Water Units. At the present lime the purchase price for a unit of CBT water is approxdnately $12,500+. As previously stated, a CBT unit produces an annual average of 7/10 of an acie-foot of water. Through the 1999 fiscal year of the Municipal Subdisttict, each unit of Windy Gap water has incurred a cost of $5,542 including a discount factor of 7%. Fut:ure bond payments with the same 7% discount factor increase the cost of Windy Gap water by an additional $2,082 for a total of $7,624. Even adding a component for cost of storage, (per unit $4,500) and a component for difference between the annual cost to transfer Windy Gap ($53.00) versus CBT aSSÂ¢Ssment pei unit ($18.00) at $686.00 per unit for a total of $12,810.00, a unit of Windy Gap water is considerably cheaper at this finie than a unit of CBT water. Also, the Windy Gap water can be reused to extinction while the CBT unit is limited to once through the Municipal System. Although CBT water has a historical track record since its completion of the CBT project in 1954 and there are certain uncertainties as to the ability of Windy Gap project to deliver its full 48,000 acre-foot yield, Windy Gap water appears to be a better economic purchase at the present time. DISTRICT COURT, WATER DIVISION NO. 1, COLORADO Case No. 97 CW 126 THE RULING OF THE WATER REFEREE AND JUDGMENT AND DECREE OF THE COURT CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE OF THE TOWN OF ESTES PARK, IN LARIMER COUNTY. This matter came before the Referee on the Application for Water Rights of the Town of Estes Park, Applicant ("the Town"). The Referee, having made such investigations as are necessary to determine whether or not the statements in the Application and in the Statements of Opposition are true, and being fully advised with respect to the subject matter of the Application and Statements of Opposition, hereby enters the following Ruling granting the Application. MIXED FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The original Application in this case was filed on March 31,1997. Timely and adequate notice of the Application has been given in the manner required by law. The published notice put interested parties, to the extent reasonably possible, on inquiry notice of the nature, scope, and impact of the matters contained in this decree. The Court has jurisdiction over the subject mater and over all persons who have standing to appear herein, whether they have appeared or not. The land and water rights involved in 0 this Application are not located within the boundaries of a Designated Ground Water Basin. 2. Timely Statements of Opposition to the Application were filed by: Thompson Water Users Association, the State Engineer and Division Engineer, the United States of America, and the Northern Colorado Water Conservancy District. No other Statements of Opposition or Motions to Intervene were filed and the time for filing of Statements of Opposition has expired. 3. The Applicant has entered into a stipulation with the United States of America dated July 24, 1997. All dther objectors have agreed to stipulate to the entry of this Decree. 4. The name and address of the Applicant: The Town of Estes Park c/o Richard D. Widmer, Town Administrator P.O. Box 1200 Estes Park, Colorado 80517 5. The Applicant is a stat:utory town operating pursuant to 31-1-101 at seq. C.R.S. and supplies water to consumers located in the Town and the unincorporated portion o f Larimer County commonly known as the Estes Valley. The Town's water system currently serves a population of approximately 10,000 persons. The Town estimates that the service population may double within the next 20 years. 6. The Application states three separate claims for relief, namely: 1. A claim for change o f water rights. 2. A plan for augmentation. 3. Conditional rights of substitution and exchange. FIRST CLAIM FOR RELIEF CHANGE OF WATER RIGHTS 7. The Town is the Owner of the following water rights: A. The Estes Park Town Company Pipeline which was decreed for irrigation and domestic use in the amount of 2.00 CFS with an appropriation date of September 25,1905 and adjudication date of November 14,1939 in Case No. 10077. The source of water is Black Canyon Creek, a tributary of the Big Thompson River; and the decreed point of diversion is on the North Bank of Black Canyon Creek in the SW % of the NW 14 of the NW 14 of Section 14, Township 5 North, Range 73 West of the 68 P.M., Lai-imer County, Colorado. B. The Estes Park Water Company Pipeline Extension which was decreed for irrigation and domestic use in the amount o f 1.73 CFS with an appropriation date of November 9, 1911, adjudication date of November 14,1939 in Case No. 10077. The source of supply is Black Canyon Creek, a tributary of the Big Thompson River, with a point of diversion on the North Bank of Black Canyon Creek and the SE 1/4 of the SW 4 of Section 10, Township 5 North, Range 73 West of the 6tl, P.M., Larimer County, Colorado. 2 C. The total amount of diversions under the two rights is limited to 2.00 CFS. 8. The Town seeks the following exclusive alternate point of diversion as a change of the water rights for the Estes Park Town Company Pipeline and the Estes Park Water Company Pipeline Extension as follows: The Glacier Creek Pipeline located on the South Bank of Glacier Creek, a tributary of the Big Thompson River, located in the NE 4 of the SE 4 of the NW lA, Section 5, Township 4 North, Range 73 West, 6~ P.M., Larimer County, Colorado. 9. The change o f water rights for Town's Estes Park Town Company Pipeline and the Estes Park Water Company Pipeline Extension shall be subject to the following terms and conditions in order to prevent injury to the vested water rights or decree conditional water rights of others: A. The total amount of diversion of the Estes Park Town Company Pipeline and the Estes Park Water Company Pipeline Extension water rights will not exceed 2.00 CFS. B. The diversions of the two water rights will continue to be made in priority at the exclusive alternate point of diversion listed in paragraph 8 at the Glacier Creek Pipeline, and will only be made at that point of diversion and not at the original point of diversion. Diversion at the exclusive alternate point of diversion of the water rights will be limited to the amount of water physically available in priority at the original point of diversion. C. This decree is subject to the stipulation between the United States and the Town dated July 24, 1997. 10. Applicant may divert the two water rights out of priority pursuant to the plan of augmentation set forth in paragraph 12 through 23 following. Municipal return flows from the use of these two water rights will be claimed as return flow credits and will be subtracted from the out of priority diversions to compute the out of priority depletions associated with these two water rights. 11. If operated in accordance with the terms and conditions of this Decree, the change o f water rights approved herein will not cause injury to the vested water rights or decreed conditional water rights of others. 3 SECOND CLAIM FOR RELIEF APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION. 12. Applicant's plan for augmentation is intended to permit diversions through the Town's water system at times when those diversions would otherwise be out of priority. 13. The Town's water system points of diversion from the Big Thompson River and its tributaries are as follows: A. The Estes Park Company Town Pipeline more fully described in paragraph 7A. B. The Estes Park Water Company Pipeline Extension, more fully described in paragraph 7B. C. The Estes Park Cascade Diversion is decreed for municipal purposes including irrigation of golf courses, parks and other lands served by the Town's municipal system in the amount o f 1.55 CFS with an appropriation date of December 31, 1959 and an adjudication date of March 23,1992 in Case No. 90CW206. Its point of diversion is on the North Bank of Fall River, a tributary of the Big Thompson River, in the NE 1/4 of the NW lA and Southwest 1,4, Section 17, Township 5 North, Range 73 West, Larimer County, Colorado. D. The Estes Park Cascade Diversion Enlargement is a conditional decree for municipal purposes including irrigation o f golf courses and parks and other lands served by the Town's municipal system in the amount of 3.45 CFS with appropriation date of December 31,1985 ~ and an adjudication date of March 23,1992 in Case No. 90CW206 and 98CW244. It's point of diversion is the North Bank of Fall River, a tributary of the Big Thompson River and the NE % of the NW % and the Southwest lA, Section 17, Township 5 North, Range 73 West, Larimer County, Colorado. E. The Glacier Creek Pipeline is decreed for domestic use in the amount o f 2.00 CFS with an appropriation date o f May 20, 1925 and adjudication date of November 14,1939 in Case No. 10077. Its point of diversion is located on the South bank of Glacier Creek, a tributary of the Big Thompson River and the NE U of the SE lA of the NW 1/4, Section 5, Township 4 North, Range 73 West, at the Gth P.M., Larimer County, Colorado. For purposes of this plan for augmentation, the above water diversions shall be referred to herein as the Estes Park Water System Intakes. 4 .. 14. The Town has proposed a plan for augmentation that will permit continued diversions by the Estes Park Water System Intakes at times of lawful call by downstream senior water rights. Whenever any of the Town's water rights are being lawfully curtailed to meet the demands of downstream senior water rights, the Town may at its option, deliver augmentation water to the stream and thereby lawfully continue its diversions through the Estes Park Water System Intakes without curtailment. 15. The source for augmentation water shall be the Town's Windy Gap project water. The Town owns three units o f Windy Gap water pursuant to an allotment contr act with the Municipal Subdistrict, Northern Colorado Water Conservancy District. The Windy Gap water rights are described in Case No. 89 CW 298, District Court, Water Division 5. The Town's 3 units o f Windy Gap water represent an entitlement o f 300 acre feet o f water per year. These water rights owned by the Town are su fficient to allow augmentation as set forth in this plan for augmentation. 16. Wastewater generated from the Town's water system is treated by two treatment plants and by individual sanitary disposal systems. Approximately 95% of all residential and commercial users are served by the sewer collection systems and waste water treatment plants. The remining 5% of residents and businesses are served by individual septic systems. The Estes Park Sanitation District waste water treatment plant discharges treated effluent into the Big Thompson River just upstream of Lake Estes. The Upper Thompson Sanitation District discharges effluent into the Big Thompson River just below Lake Estes. Return flows from the individual septic systems leach fields return to the Big Thonipson River tributaries via ground water. All return flows from the Town's municipal water system accrue to the Big Thompson River at a point just below Lake Estes through these two waste water treatment plants and from individual septic systems. 17. The Town commissioned a study o f its municipal water system for the purpose of preparing this plan of augmentation. Said study is entitled Town of Estes Park 1998 Temporary Substitute Water Supply Plan, a copy o f which is attached hereto as Exhibit A and incorporated herein by reference ("the Plan"). 18. Based upon historical water records of the Town including, raw water intake records, metered water use records from the two wastewater treatment plant of effluent return to the Big Thompson 1Uver and other assumption as to water use, consumption, and return flows, as more fully set forth in the Plan, Applicant will replace out of priority diversions by the amount of the following depletion factor. 5 TOWN OF ESTES PARK - PROPOSED DEPLETION FACTORS Month Depletion Factor Month Depletion Factor January 6% July 13% February 6% August 11% March 6% September 10% April 7% October 8% May 12% November 6% June 17% December 6% 19. When diverting out of priority, the Town will provide the Water Commissioner for District 4 with daily diversions and replacement requirements (out of priority diversions tiriles the monthly depletion factor). At the end of each month the Town will trans fur an amount o f Windy Gap water equal to the out o f priority depletion for the past month to the Water Commissioner. The Water Commissioner may then make releases of the Windy Gap Water at such time and at such amounts as desired up to the accumulated transferred replacement amount. During the period June 1 St through September 30th of each year upon request of the Water Commissioner, the Town shall daily trans fer an amount of Windy Gap Water equal to the daily out-o f-priority depletion, unless, at the discretion of the Water Commissioner, the Town is directed to provide aggregate trans fers o f Windy Gap Water according to the Water Commissioner's direction. 20. The Town will maintain records of daily out of priority diversion and replacement obligations when out of priority diversions are occurring and once a month will prepare a report for the Water Commissioner and the Division Engineer summarizing out of priority diversions, out o f priority depletions and replacement water made available. An annual report will also be prepared summarizing the annual operations. The Town shall install and maintain measuring devices acceptable to the Division Engineer necessary for the administration of this Decree. All accounting necessary for this Decree shall be in a form acceptable to the Division Engineer and shall be revised from time to time to reflect changed circumstance or as reasonably requested by the Division Engineer. Any party may request copies of the accounting which will be mailed or when reasonably necessary sent by facsimile. 21. Whenever the calling right on the river is a water right decreed to the Foothills Conduit, applicant shall provide replacement water for any out-of-priority depletions from sources that deliver such water to the Big Thompson River upstream of the Foothills Conduit diversion point. 22. It will take a number of years before the Town is able to fully utilize all o f its Windy Gap water as replacement water for out of priority diversions. Because Windy Gap water is transmountain water, the failure of Estes Park to use its allotment of Windy Gap water under the contract with Municipal Subdistrict, the Northern Colorado Water Conservancy District, when legally and physically available, shall not give rise to 6 abandonment or presumption of abandonment of these water rights or the historical use quantified by this Decree. 23. If operated in accordance with the terms and conditions of this Decree, the plan for augmentation will increase the supply o f water available for beneficial use by the Town and will not cause injury to any vested water rights or decreed conditional water rights. THIRD CLAIM FOR RELIEF AND CONDITIONAL RIGHTS OF SUBSTITUTION AND EXCHANGE 24. The third claim for relief seeks conditional rights of substitution and exchange pursuant to Section 37-80-120 (4) C.R.S. at a maximum rate of 6.2 CFS with an appropriate date of March 31,1997. 25. Water from Applicant's Windy Gap water rights described in paragraph 15 will be used as a substitute supply for the depletion and diversions o f Applicant's water rights described in paragraph 13 above. Substitute supplies will consist o f Windy Gap water delivered directly to the Big Thompson River or reusable municipal return flows o f Windy Gap water. Water will be diverted from Fall River, Glacier Creek, and Â»Black Canyon Creek in exchange for water which is returned to the Big Thompson River and its tributaries at and above the outfall of the Upper Thompson Sanitation District outfall which. is more fully described in paragraph 26B below. 26. The exchange will be from the outfulls of the two treatment plants described as follows: A. The Estes Park Sanitation District Wastewater Treatment Plant outfull discharges into the Big Thompson River in the NW M of the NW 14 of Section 30, Township 5 North, Range 73 of the West 6m P.M.. Larimer County, Colorado. B. The Upper Thompson Sanitation District outfull is to the Big Thompson River in the NW M of the NE W of Section 29, Township 5 North, Range 73, West of the 68 P.M., Larimer County, Colorado. 27. The upstream termini of the exchange shall be to the Estes Water Park Systems Intakes specifically referred to in paragraph 13. 28. The reaches of the stream system over which these rights of substitution and exchange shall operate are: A. From the point of diversion of the Glacier Creek Pipeline more fully described in paragraph 13E into Glacier Creek, then downstream to 7 the Big Thompson River into Lake Estes then to the downstream terminus. CONCLUSIONS OF LAW 29. The foregoing paragrAph 1 through 28 are incorporated herein by this reference. 30. Full and adequate notice of the Application has been given in the manner required by law and the court has jurisdiction over the subject matter and over all persons who could have appeared and participated in this proceeding whether they appeared or not. The published notice o f Application put interested parties, to the extent reasonably possible, on inquiry notice to the nature, scope, and impact of the relief requested by the Applicant. 31. The Applicant has complied with requirements and met all standards and burdens o f proof including but not limited to Section 37-92-103(5), (9); 37-92-302,37- 92-304 (6); 37-92-305 (1),(2),(3), (4), (5), (8), and (9), C.R.S. to adjudicate a change of water rights and plan for augmentation. 32. Applicant has complied with all requirements and met all standards and burdens of proof, including to adjudicate its appropriative rights of substifution and exchange and is entitled to a Decree confirming and approving the same. 33. The Applicant is a Municipal Entity providing water service to the consumers within the Estes Valley. Accordingly, it is both permissible and prudent for the Town to acquire water rights and make new appropriations o f water to satis fy the needs resulting from anticipated population growth. 34. The changes o f water rights, plan for augmentation, and adjudication o f conditional rights of substitution and exchange, approved by the Decree will not injuriously effect the Owners or persons entitled to use water under a vested water right or decreed conditional water rights so long as those change of water rights, the plan for augmentation, and appropriative rights of substitution and exchange are operating in accordance with this Decree. 35. In administration o f water rights, the State Engineer shall recognize that the plan for augmehtation approved by this Decree is sufficient to allow the continued diversions by the Estes Park Water System Intakes when curtailment would otherwise be required to meet a valid downstream senior call for water. Pursuant to Section 37-92-304 (6), C.R.S. this Court must retain jurisdiction or reconsider of the question of injury to vested water rights of others resulting from a change of water rights or plan for augmentation. 36. Review of determinations by the State and Division Engineers and the administration of this Decree and the accounting procedures associated with this Decree 8 are "water matters" within this Court's exclusive jurisdiction and which are subject to de novo review by this Court. JUDGMENT AND DECREE 37. The mixed findings of fact and conclusion of law contained in paragraphs 1 through 36 are incorporated into the terms of this Decree as fully set forth herein. 38. The Town's change o f water rights described in the First Claim for Relie f, the Plan for Augmentation described in the Second Claim for Relief, and the Conditional Rights of Substitution and Exchange described in the Third Claim for Relief, hereby confirmed, approved, and adjudicated including and subject to the terms and conditions contained in the mixed findings ef fact and law. 39. The changes of water rights and plan for augmentation approved herein will not cause injury to the vested water rights or decreed conditional water rights of others so long as they are exercised in accordance with the terms and conditions of this Decree. 40. Pursuant to Section 37-92-305 (8), C.R.S., the State Engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. 41. Pursuant to Section 37-92-304 (6), C.R.S., this Court will retain jurisdiction with the change o f water rights and the plan for augmentation for a period o f six (6) years from the date when augmentation water is used under this decree for the purpose o f reconsideration o f the questi6n of injury to the vested water rights o f others. This period of retained jurisdiction may be extended upon further decision by the Water Judge that the non-occurrence o f injury shall not have been conclusively established. Any petition seeking to extend the period of retained jurisdiction must be filed with the Court within six (6) years after the date the applicant serves on each party and files with the Court notmice o f first use of augmentation water under this Decree. The Court's retained jurisdiction shall not extend to or include the historical use of the changed water rights or the timing, quantity, location of historical return flows. 42. The conditional rights of substitution and exchange herein awarded hereby continue in full force and effect until six (6) years from the date of this Decree. If the Town desires to maintain such conditional decree, an application for a finding of reasonable diligence shall be filed within six (6) years of the date of this Decree or showing be made on or before such date that the conditional water right has become an absolute water right by reason of the completion of the appropriation. Before an exchange can be made, the Town must provide advance notice and receive approval of the Division Engineer or Water Commissioner for the exchange. 43. In the event any person petitions the Court for reconsideration of the question of injury, the Court shall order an appropriate notice being given to all parties. The petition for reconsideration should be made in good faith, under oath, and shall set 9 forth with particularity the factual basis upon which the request to reconsideration is based, together propbsed decretal language to effect the petition. The party lodging the petition shall have the burden of going forward to establish the prima facie facts alleged in the petition. If the Court finds those facts are to be established, the Applicant shall thereupon bare the burden approved to show: A. that any modification sought by the Applicant will avoid injury to other appropriators, or B. that any modification sought by Objectors is not required to avoid injury to other appropriators, or C. that any terms and/or condition proposed by Applicant in response to the Objector's petition does avoid injury to other appropriators. 44. Except to the extent that Court has specifically retained jurisdiction herein this Judgment and Decree is final. SIGNED AND ENTERED this day of ,2000. BY THE WATER REFEREE: Raymond Liesman Water Division No. 1 10 I . ORDER THIS MATTER in case No. 97 CW 126 having come before the Court pursuant to Section 37-92-33, C.R.S., the Court having reviewed the findings it is the determination of the Water Referee be fully appraised of the matter, IT IS HEREBY ORDERED, ADJUDICATED AND DECREED that the Referee's ruling is hereby adopted as a Findings o f Fact, Conclusion o f Law, Judgment and Decree of this Court. Dated this day of ,2000 BY THE COURT: Jonathan W. Hayes Water Judge, Water Division No. 1 State of Colorado 11 AMT-ld-uu rifi 10,4, rn INUWUU-Md r MA IVV, Â¤,UOOJOOLIC r, Ul Northern Colorado Water Conservancy District and Municipal Subdistrict, Northern Colorado Water Conservancy District FAX: (970) 663-6907 O#ice: (970) 667-2437 Date 51 i &)00 Deliver to -1 ~/t Z~ I /*%4362, At Fax Number G loU - 150,1 Organization From 27/luta.4 ke_ Total pages (including cover sheet) ~0 NOTICE The information contained in or attached to thu FAX toessage is intended only for ibc CONFIDENTIAL use of the individual(s) named above and may contain information that is privileged and/or confidential. If you are not the named recipient or an eniployee responsible for delivering the message to the named recipient, you are hereby notified that you have received this document in error and that review, dissemination, distribution or copying of this communication is prohibited. U you have received this communication in error, please notify us immediately by telephone (970) 667-2437 and return the original documents to us at P. O. Box 679, Loveland, CO 80539 via U.S. postal service without making a copy. Thank you for your cooperation and assistance, NCWCD FOK. CD' D-/4 MAY-12-UU PK! 12;4< FM NUWUP-HU TAX NO, 3 tu66353U i r, UZ ., CRITERIA FOR INTEGRATED OPERATIONS OF THE COLORADO -BIG THOMPSON AND VINDY CAP PROJECTS U Adopted by the Board of Directors Northern Colorado Water Conservancy District and Municipal Subdistrict December 13, 1991 Incroduction, The Board of Direccors of cha Northern Colorado Water Conservancy Districc (District) unanimously adopced cha operational concepc for the incegracion of cho waters of cha ColoradoÂ·Big Thompson Project (C-BT) and :he Windy Cap Project of the Municipal Subdistrict (Subdistrict), Northern Colorado Water CoMervancy Dlstrict. This incegration will maximize the benefits to cha ' water users located within cha boundaries of the Discricr and tha Subdiscrict under Resolucion No, DÂ·840-6Â·87, daced Jun, 12, 1987. Following this re,olution, the District, Subdistriet and cha United States, through the Bureau of Reclamation, amended cha Carriage Concract for Subdistrict water in order co implement the principle of integrated operacions. The new Carriage Concrace, Contract No. 4.07Â·70-W0107, daced March 1, 1990, hareinafter referred to a, che Amendatory Contract, Approved the delivery of CÂ·BT water to the Subdiscrict. rhis loan of CÂ·BT water, hereinafter referred to as ni.n-lieu delivery" wacar, vill be made to maximize the benefits to water users. Paragraph 10.b. of che Amendatory Contracc states that "Project Water may be delivered in-lieu of Subdistrict Water and charged against the Subdiscrice's account pursuant to operating criteria jointly developed and approved by thi District and chi Sacricary which shall provids for replacement of tha Project Water delivered to the Subdistrict", Paragraph 10.b. of thi Amendatory Concract further providâ€¢s for thâ€¢.in.lieu dalivery of C.BT Project Water to Windy Cap participants, *subject to & critaria of nonÂ·injury to insuri chat there is no reduction in service co those who ar, enticlad to deliveries of Project Watee. these Operating Criteria are developed to provide, under any future hydrolosic conditions and operational policies, chat cho in-lteu delivery of Project Water will meet the Amendatory Contract nonÂ·injury provision for the CÂ·BT Project. L MAY-12-00 FRI 12;48 PM NCWCD-HQ FAX NO, 9706638907 P, 03 The following general guidelines will govern che operating criteria: 1, C-BT water quotas will be set, as chey have historically, based upon all pertinent con,iderations, including the wacer yield to the C-BT Project from the C.Bt water rights. InÂ·lieu deliveriet made to the Subdiitrict from the C.BT Project pursuant co the knendatory Contracc will not be con*idered in seccing che quota. Thus, the C-BT water pool available for C-BT Project quoca setting will be considered to include vacer available under cho C.BT vacer rights prior to in. lieu deliveries. A current C-BT wacer account showing what anount of water would be in storage for Project allottees in the absence of in-lieu deliveries will be kepe for such purposel and will be furnished co Raclamation on a current basis. 2. Subdistrice water yield from che Windy Cap water rights will be allocated annually co each participant based on cheir proÂ·rata ownership of Subdistrict Windy Gap allotments. A participant'; annual pro-rica sh4rm of water will bo pumped and firic be usad to repay les ovn outstanding in-lieu delivery debt. An inÂ·lieu delivery accounc for deblts will ba kept for each Subdistrice participant for chis purpose. This inform,tion will ba made available to Reclamation on a monthly basis during the water use period. 3. Windy Gap water will be pumped Unto tha CÂ·BT system to repay in-lieu deliveries of C-BT wacar when all of the following conditions a're met: a. Water is divbrtablâ€¢ under the Windy Cap water rights: b. A Windy Gap in.lieu dabt balance exists; c. Granby Re:ervair storage space (and Willow Creek Reservoir storage spic. to thâ€¢ extent Subdistric: wauâ€¢r is stored therein) is available to store Windy Cap water and no spill from the aforementioned CÂ·3; storagi facilities is projeccod. 4. Spillages and losses from thâ€¢ C-BT system will be accounted for in accordanc, with paragraph 11 of the Mandatory Contract, When the CÂ·BT Project is filled to capacity on the western slope and no itorage capacity for introducc:Lon of Windy Cap Water is available in Granby 2 nHY-12-UU t'Ki !2546 rn NUWUV-M61 r H A MU. 8 1 UDO 30 3U 1 r. Ug Râ€¢servair (and to the extent Subdistrict water can be stored therein, willow Creek Reservoir). any outstanding debt balance assoctaced with in-lieu deliveries will be candeled and the CÂ·3T system will be considered whole. In the event a spill occurj because che water conveyance system from the Weic Slope co the East Slope has been rendered inoperable due co an unanticipated restriction or failura in cha syscem which substantially impairs the carriage of wacer, the C-BT system will dot be considered whole and the oucscanding debt will be equitably adjusted by che parclas co che Amendacory Contract, 5. Similar to the spill provisions of paragraph 4 above canceling in. lieu delivery debts, an outstanding in.lieu dabt of the Subdiscrict shall b. raduced in direct proporcion co the availability of storage capacity in Cranby Relervoir (and co che extenc Subdiscric: water can be stored therein, Willow Creek Reservoir). This reduction shall occur because of the inability nf th, Subdiscrict to inercduce Subdistricc water and the fact that injury cannot occur beyond what capacity exists in the C-BT sy, Com to reach its full capacity. Thi availability of storage capacity in Cranby Reservoir (and co che excene SubdistricE water can be stored tharain, Willow Creek Reservoir> will be determined afcar subtraccing the Subdistrict w.=er scored therein, 6, Subdistrict repaymene of water debts to the CÂ·BT Project, in addicion to Windy Cap pumping, may include payback to che CÂ·BT pool with C.BT water - owned or acquired by Windy Cap participants from C.BT unit holders, or othor sources of supply available to ch, C.BT system on an acreÂ·foot for acr.â€¢foot basis, prior to an end of Subdiscrict water year accounting to meet the delivery, measurement and accounting requirements of paragraph 10 of the Amendatory Contract. 7. Payments associated with in-lieu delivery wator du. to che United States shall ba mad, in accordance with paragraph 7 of the Amenditory Contract. 8. In order to qualify for in-lieu dillveries of Project water, each Subdistrict participanc will maintain & backÂ·up supply of water. This backÂ·up supply must be approved by and be available Co the District on 3- ~ . ~ MAY-12-00 FRI 12:49 FM NUWOD-HU PAX NU, El (U66359U f r. ub . .... . call. The call shall be enforceable for che period of the outstanding in. lieu debt and water shall be provided on an acre. foot for acreÂ·fcoc balis. Repayment of its in-lleu delivery debc balance shall be in the following form: a. The Subdistricc participant's individually owned C-BT units, pledged to the Districe: b. Contracts to use another owner's CÂ·ST units held by che District to the account of the Subdiscrict participanc: c. Other interests in wacer righc.9 held be che District co the account of cha Subdistrict participant wich definable yteld, identified for repayment of inÂ·lieu delivery deb:s. If necessary to meec the quota of the C-BT Projecc. cha Di,cricc Board has che right co call in the back-up supplies. The back-up supplies will be provided on a pro rata basis, based on cha total outstanding in-Licu debt of the Subdistrice participancs. When thed. backÂ·up suppliei are called in co meet the quota declaracion, a participant' s oucstanding debt will be reduced on an acre-foot for acre-foot payback basis. 9. Accouncing procedures for che tracking of inÂ·lieu delivery wacar for tha integrated CÂ·BT/Windy Cap operacion will be as follows: a. The Subdistrice Water Year for operacion of the intagrated C.BT/Windy Gap system will bo April 1 through March 31 00 correspond with Â¢-BT quoca secting periods. b. Accounting of each parcictpant's in.lieu dalivery scacus will be mad, at the end of each Subdistrict water year for the purpose of in. lieu payback and C.BT quota setting. c. Unused Windy Gap water available in the CÂ·BT system shall be used to repay outstanding inÂ·lieu indebtedness ac the close of thi Subdistrict water year. d. If a pArticipant has bean allocated Windy Gap water, based on t.ts pro rata ownership and th, water available to the Project, but hal noc used all its Windy Cap water and anothâ€¢r participanc has an 4 - - MAY-12-00 FRI 12:49 FM NUWUD-HW r MA [NU, 3 (UOOJOUU C f. UU .., outstanding debt, unu,â€¢d Windy Gap vacer will be used pro rica from available participant Windy Cap water to repay debts based on agreements made between the participancs. If agreamencs ara nec in place between participants as to the price to be paid for such use of Windy Cap water. the wacar will be transferred pro rata to pay outstanding indebtedness of Windy Cap participants and che Mate payable to the participanc from whom the water was borrowed will be equivalent co tho58 charges which would be asseised under the Amendatory Contracc, a3 though the wacer was inÂ·lieu dalivety water. 9, Water not used by A participant or transferred co another participanc-for C-at debc payback purposes of March 31sc of each year will rucurn co the Subdiscric: pool, for reallocation aâ€žmongsc . all the participants for the following Water Year. Thir realloca. tion will be made on or about April 1 of each year by the Subdistrict Board. f. InÂ·lieu deliveries will not be made in any vacer year to a Subdistrict participant which would result in the participant receiving more than their pro rata ownership share of the Windy Cap Project wacer, This pro rita share is basad on a total Windy Gap delivery of at least 48,000 acreÂ·feet annually, An excepcion to thil can occur if the participant obtains, chrough rental or other means. a portion of anocher parcicipant' 5 annual quoca. These Operating Criteria may be amended with cha concurrence of the Subdistrict, District and Secretary, taking into con,idaracion any future conditions which may warrant changing theâ€ž criteria. 5 TOWN of ESTES PARK Inter-Office Memorandum May 16, 2000 TO: Public Works Committee FROM: Bill I.innane -l~,Â£:~=~ SUBJEC: Request approval of a change order for the Mall Road Trail Project Please refer to the attached leaer from Van Horn Engineering that describes the following change order items. These items are estimated. 1) Work associated with UTSD sewer main $7,890 2) Gas mains relocation 4,198 3) Additional traffic control 15,000 4) Power line relocation 4,000 5) Wetlands mitigation 4,000 6) Topsoil -2,000 Esâ‚¬mated total: $37,088 The attached letter from Van Horn Engineering (Page 3-5D) was included in the March PWC packet The letter mentioned that Items 4 and 5 (power, topsoil) were not bid; and that Item 3 (traffic control) bid quantity was difficult to estimate and may result in additional costs. Prior to bidding, the Army Corps of Engineers issued a Nationwide Permit that does not require wetlands mitigation. After the bids were received the Bureau of Reclamation required mitigation since the wetlands are on its land. As a result Item 5 is a change order item. Cnvt/PhirloptÂ· Budget Cast 1 U Public Works Department budget $266,000 Original Public Works Department bid: $171,569 First change order: 37,088 Total: $208,657 RprommenriatinnÂ· Staff recommends approval of the change order request BL/lb Attachments 3-1 6~5â„¢IUM.7.1.U MAY-!6L00 TUE 9:31 AM VAN HORN ENGINEERING FAX NO. 19705868101 - " P. 1 t -Ath.J,,/2.7 AN â‚¬ ~ . /&5#*18%& .-I : . . 41 ... # .4.. 1.mt,=,> .....:, , , , ijl.=,U.22;ilm' I 2~ 4;9; 7,2%39:. /.29..':\ â‚¬4112= LAND SURVEYS - . ' m I 1,, 134 - --. ... I.; I * 22- SUBDIVISIONS - ---L--. *.07-7 DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING VAN HORN ENGINEERING AND SURVEYING SANITARY ENGINEERING MUNICIPAL ENGINEERING Â·WILLIAM G. VAN HORN - COLO. PE & PLS 9485 . May 16, 2000 TO: Bill Linnane; Estes Park Public Works Stan Gongler, EVRPD - FROM: John Spooner, Van.Hom Engincerinid;~;~*~ . RE: Anticipated Additional Costs Mall Road Reconstruction and Lake ~stes Trail, Phase Vl As we have discussed, there are a number of additional costs which should be anticipated on the referenced project. I will attempt to estimate as best possible these additional costs. 1. Replacement/protection ofUTSD sewer lines. UTSD has a major force main/gravity sewer line running down Mall Road which serves nearly : one-half Of their sewerage district. The continual operation of this line is imperative to the District. Over some reaches we are reducing the cover over the lihe. This raised concerns with : the District. In addition, the District conducted a TV inspection.of the line (which is 16" ~ diameter clay tile and discovered several cracked tile - not a result of any construction activities). The UTSD Board decided it was prudent to replace all their gravity lines since they will run under the new pavenlent. This is about 700 feet of line and requires a bypass line th divert the : sewage flow during the time of construction. ~ Estes Park Sanitation District crews have been engaged to do this construction as the most cost- effective means of getting this work done in a timely manner. Through negotiations with UTSD, an arrangement was reached where the Project would bear the costs of the following: A. One-halfthe cost of labor and flow fill for 165' of the line, with UTSD paying for the materials and the total cost (labor and materials) for the remaining approximately 535' of line. (Note that the 165' section is in the area where cover has been reduced), B. Excavation and the placement of a concrete cap over those portions of the cast iron, force main where cover has been reduced. 1043 Fish. Creek Road Â· RO. Box 456 Â· EsteE 7 â€¢ 970-586-9388 â€¢ Fax 970-586-8101 . 3-2 MAI-10-UU luB 3.jj AM VAN HORN ENGINEERING FAX NO, 19705868101 P. 1 C. The cost of the materials and installation of 6" sewage bypass piping, approximately 700 feet, with UTSD paying for the seal within the force main required to bypass the flow. b. The costs associated with the concrete cap over the force main (approximately 200 Â· feet). E. The costs of flaggers required while this work is being completed (note that the project has flaggers engaged anyway, and at the worst, one additional flagger will be required). The estimated cost to bc bom by the project for this work is: Lay sewer line and flow fill costs for 165'- 14 of $20/foot $1650 Bypass piping Materials and installation $2000 Concrete cap 200 feet @$12 $2400 Additional flagging 80 hours at $23/hour . 112Q TOTAL: $7890 It is worth noting that UTSD has been very cooperative in assisting the project, in particular providing a considerable volume of fill material from their plant excavation which can bc used ' on the eastern end of the trail construction at no cost and providing an easement for the trail. where it crossed a small portion of their property. 2. Relocation of gas mains. It was assumed in the design that it would be necessary to relocate a gas main on Joel Estes, Drive. In addition, during construction it was discovered that another high pressure gas main needed relocation. What was not assumed was that the Joel Estes Driv& main would have to relocated in solid rock which required drilling and blasting. This was not a bid item in the original contract because ofthe uncertainty with scope ofwork. The additional cost of this work is estimated at: $4198.25 3. Traffic Control ' The original bid quantities were under estimated for traffic control. The needs for flaggers, and the volumes of traffic on the road and the very tight construction work areas all have lead to cost overruns. In addition, the project completion date has slipped as unforseen difficulties have arisen. An estimate of additional flagging costs, is: $15,000 3-3 Received: 5/16/00 11:42AM; 19705868101 -> Town Of Estes Park; Page 2 MAY-16-00 TUE 9:34 AM VAN HORN ENGINEERING . FAX NO, 19705868101 P. 2 4. Underground power to existing houses With the relocation ofthe power lines servicing the area, it will be necessary to replace the existing overhead service lines to four houses with underground conduits and hire a local electrician to hook up these houses. Estimated costs are: $4,000 . 5. Wetlands issues in the marsh adjacent to the sewage treatment plant. The trail going down from Mall road to the area below the dam will impact a small area of wetlands. While the Corps o f Engineers willÂ·permit this activity under a nationwide permit, the B ur eau of Reclamation will require some mitigation activities. This will most likely involve construction of some additional wetlands. Estiniated mitigation costsÂ·are: . $3000 Silt Fencing $1000 6. Top Soil Top soil was not bid in the original contract because it was not known what materials would be available on site. Good topsoil materials were found and some have been stockpiled for use along the trail going down. alongÂ·the service road. Estimated cost $2000 ' In summary, total additional costs estimated are: $37,088 3-4 ! . TOWN of ESTES PARK Inter-Office Memorandum March 14, 2000 TO: Public Works Conini ittee FROM: Bill Linnane LX/#1 --~ SUBJECT: Request to Award the Mall Road / Lake Trail Construction Project- Rarkgrniinri U The following Mall Road/Lake Estes Trail construction bids were received on Monday, March 13, 2000. Kil-rlipn C T, Hn f f Item #1 Trail portion $144,798.70 $188,246.29 Item #2 Roadway relocation portion $174,389.32 $257,753.75 Item #3 Light & Power portion $_6:1,295.00 $ 9(2798 00 Total: $383,983.02 $545,798.04 (Background contimied 011 page 2) Cnqt/1111/loptÂ· 0 Kitchent.Cost Budget Item #1 Trail (GOCO/EVRPD) $144,798.70 $173,000.00 Item #2 Roadway (P.W. Dept.) $174,389.32 $266,000.00* Item #3 Elec. UG (I &11 Dept.) $_6425-00 $125,00.0.00 $383,983.02 $564,000.00 'The General Fund budget is $286,000, which includes the $20,000 Design/Construction Management fee payable to Van Horn Engineering. Rpenninienrial*innÂ· George I-Iix, Chairman of the Light and Power Committee, has recommended that Kitchen'S total bid and Item #3 bid be approved by the Public Works Committee, and Staff concurs. Staff recommends approval of Kitchen's low bid of $383,983.02. -xMAic,4 ?44 .0:4 - 1 P 5â‚¬-4<.24. < 1-1 ~ 3-5A %2 Â¥~6 (Backgroirrid contirtued from page 1.) Item #1 EVRPD received a GOCO grant and GOCO required the trail portion be itemized separately since no GOCO funds can be used for the roadway relocation portion of the project. Item #2 Larimer County would not allow a trail within the R.O.W. due to physical limitations and they also felt the substandard design of the existing roadway would present a safety issue to trail users. Therefore, the road.way will be realigned to acconimodate the trail and satisfy Larimer County concerns. Item #3 The Light and Power Department budgeted to linderground the power lines along Mall Road and across Hwy. 36 since this area is very visible and is a "Gateway" area to Estes Park. I<itchen is the low bidder at $383,983.02, and is low on all three items individually. Construction is scheduled to begin tile first part of April and to be completed by Memorial Day, assuming good weallier and no special circumstances. BL/lb 4 44(,4 Pu/4 MTCA L 1-2j 3-5B -- ' //'Â»~1~ 1,' .7 /, . \ 7/.:., Pline FÂ¥41~ \4:<,\0pff~~Â¢P~ ~.flu~~.\L d ~~ 24 061 49Â» ~7 F.~;'Â¥ Nt -Â· ~fi.f %~1gfr~~=~,a49<<~*~044342~~kia:,4-:.et': .- - t, i 11 . 04 ----- P..2*1*42,)11:J"A -- .~ -wÂ·u . - i 2.-1 - Â·t=Â·f)4;.# . -- aka - ~ LAND SURVEYS . 11 I /-16.- 3/79 SUBDIVISIONS - ---- 2,rain DEVELOPMENT PLANNING IMPROVEMENT PLATS ,~ VAN HORN ENGINEERING AND SURVEYING STRUCTURAL'ENGINEERING SANITARY ENGINEERING r/\\ WILLIAM G. VAN HORN - COLO. PE & PLS 9485 MUNICIPAL ENGINEERING \t March 14,2000 Mr. Bill Linnane, Director of Public Works ~ Town of Estes Park RE: Bid Results Mall Road and Lake Estes Trail Project Dear Bill, Bids were opened yesterday afternoon for the above referenced project. Two bids were received. These were from Kitchen and Co. And G.L. Hoff Construction. Other potential bidders had picked tip bid documents but apparently chose not to bid. I have verified that the two bids received are in order and I have checked their.bid tabulations for correct mathematics (copy attached) and find that everything is correct. The total bid from Kitchen was $383,9Â·83.02 while that from Hoff was $545,798.04, a di fference of $161,816.02. Kitchen's bid is well within the Engineer's Cost Estimate I prepared last September and appears reasonable. I therefore recommend that the Town aware! the Project to Kitchen and Co. A few comments are in order. The bid tabulations were separated into two amounts - Road related construction and Trail related construction since different sources of funding are available. Of the amount categorized as road related, a portion of that is related to Light anc! Power costs with the remainder being Public Works. Those items properly charged to Light and Powernre inarked with an ** in the first collinin Oftlic bill labs. Thits, a breakdown of costs is: Trail Related (EVRPD funding): $144,798.70 Light and Power Related: $64,795.00 Public Works Related: $174,389.32 TOTAL: $383,983.0(1 1043 Fish Creek Road Â· 20. Box 456 Â· Estes Park, Colorado 80517 Â· 970-586-9388 Â· Fax 970-586-8101 /'--3 M.*c-â€¢4 N L 414 %13/ ?Atlt-C.f 3-5C 1439ER:â‚¬3â‚¬j#Zar)32..@--- ''' < It will be important to maintain a healthy contingency for this project. As you are aware, this is a complicated project and there are bound to be some unforseen costs. In addition, there arc known costs which were not bid. These include the undergrounding of power from the new electric system to individual houses, possibly some lopsoil, and the planting of at least three trees which were part of our agreement to acquire the right-of-way. Traffic control will be difficult on Â· the project and we might well have additional costs associated with flaggers, etc. . If you have 4uestions, please call. Sincerely yours, VAN HORN ENGINEERING AND SURVEYING, 1NC. ./L) 'Â¢\Ak->CA * Pdb OÂ«vl--~~___~ W. - 0 j John A. Spooner, P. E. Project Manager cc: Stan Gengler, Executive Director, EVRPD Ehclosures ~~r--1 MA-%.004 94 c. â‚¬TG ( 1-4 7 P AG-4<-42 3-5D TOWN OF ESTES PARK Inter Office Memorandum May 4,2000 To: Public Works Committee From: Bill Linnane ~,~j, Dave Mah a~~ Subject: 2000 Parks Department 3-Wheel Truckster Replacement (G-55) Background: The Park's Department has requested the replacement of a 3-Wheel Turf Truckster (G-55) for Parks Department employee's transportation in the downtown area. The trade-in 3-Wheel Truckster is 11 years old (1989) with 1203 Hrs. This vehicle is within the parameters of the vehicle replacement policy of 10 years and 1000 Hrs. â€¢ Parks Departments 2000 budget includes $15,000 for the replacement of this vehicle: Budget / Costs: The 3-Wheel Truckster is a unique vehicle only manufactured at this time by Cushman Textron. L. L. Johnson Distributing Company : $14,401.00 -S 600.00 Trade-in $13,801.00 Total Bid Price Cost: $13,801.00 Budget: $15,000.00 Recommendation: The Parks Department requests approval for this vehicle replacement. The Parks Department / Fleet Department recommends approval ofthe bid from L. L. Distributing Company and requests approval to purchase a new Cushman 3-Wheel Turf Truckster from L. L. Johnson Distributing Company for a cost of $13,801.00. 4-1 I TOWN OF ESTES PARK PUBLIC WORKS DEPARTMENT CITIZEN SERVICE RESPONSE REPORT APRIL, 2000 CODE TYPE OF CALL NO. OF CALLS HOURS 11 BLEEDER MAINTENANCE 0.00 0.00 12 UTILITY LOCATION 101.00 115.50 15 SERVICE LINE INSPECTION 0.00 Â» 0.00 16 TAP REQUEST 2.00 2.00 17 WATER QUALITY ~ 2.00 5.00 20 PRESSURE PROBLEMS -2.00 18.00 22 FROZEN LINES 0,00 x 0.00 23/24 LINE BREAKS: MAIN/SERVICE 1.00 4.00 30 METER REPAIR ~-- 16.50 16.50 32 FINAL INSPECTION 1.00 1.00 40 CONSTRUCTION RELATED Â·> Â·Â·3 <i + . ~ 1.00 > 4.00 50 STREET REPAIR 2.00 1.50 51 SNOW REMOVAL 0.00 0.00 52 STREET SWEEPING 0.00 0.00 53 SIGN REQUESTS AND REPAIR n . 2,00 10.00 54 STORM DRAINAGE 0.00 0.00 60 OTHER 4.00 18.00 TOTALS: APRIL, 2000 134,50 195.50 HISTORICAL DATA THIS MONTH LAST MONTH LAST YEAR , TOTAL CALLS 134.50 173.00 118.00 TOTAL MAN HOURS 195.50 198.50 151.00 %CHANGE(CALLS/MHS) -22.25%/-1.51% +80.21%/-4.11% +13.98%/+29.47% 5-1