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Home My WebLink AboutPACKET Water Committee 1986-03-12WATER COMMITTEE Wednesday, March 12, 1986 - 2:00 P.M. AGENDA 1, Windy Gap: A. Sale of Water - Broker, B. Payment of Assessment. - Jily \)87 i 21 19\17 4 2, Augmentation Plan, 3. Cross-Connections, ig/ -U 4 Water Use Report, 4 4 r 214- ~ 4-\ 0 thlail' l*1 )\ 40 .f . 1 CRWY/. Â· \ Â»tpy ./l DIREC:ORS OFFICERS BOULDER COUNn C %6=j j 1;16,#0-Wi W. D. FARR. PRESIDENT MILTON H. NELSON EVEREIT CLONG. VICE-PRESIDENT EVERETT C. LONG - X>toRADV 1 G. RAYMOND JOYCE --7~ As//ZA RECEIVEDZLASJYUZZY / TOWN OF \ / 1 AL;ZPA LARIMER COUNTY GORDON C. DYEKMAN JOHN R. MOORE NANCY P. GRAY MAR 7 1986 WELD COUNTY i-4*A~'f 8 Ccr ,=5*-?2441 W.D. FARR TOWN OF ESTES PARK WILLiAM E. BOHIENDER L ./ SAMUEL S. TELEP %42:1, <20 TOWN ADMINISTRATOR WASHINGTON AND MORGAN COUNTIES E.L CANEVA MUNICIPAL SUBDISTRICT LOGAN COUNTY NORTHERN COLORADO WATER CONSERVANCY DISTRICT LEGAL COUNSEL WIUIAM CONDON 1250 NORTH WILSON AVENUE DAVIS. GRAHAM & STUBBS SEDGWICK COUNTY COLORADO NATIONAL BUILDING O MILE WEST OF LAKE LOVELAND ON HIGHWAY 34 - 1 BLOCK SOUTH) WES GERK DENVER. COLORADO 80202 P. 0. BOX 679 LOVELAND, COLORADO 80539 303-667-2437 JOHN M SAYRE. PRINCIPAL COUNSEL DIRECTOR EMERITUS J. BEN NIX GREGORY J. HOBBS. JR. - A q,inCIAN COUNSEL February 25, 1986 - --Â» Ij 616 4 Mr. Dale Hill 8@:%#3425 4 Town Administrator B r k .h c t- 9 -3 6 " 13 a: _! % 2 Ed '0 G C} 002231,21Â£111- Town of Estes Park . O P. 0. Box 1200 P M 1 MN 1 1 N 14 3 ~ Estes Park, Colorado 80517 Dear Mr. Hill: In response to Greg White's letter of February 12, 1986, I discussed your situation with the Board of Directors. We were certainly disappointed to learn that your potential sale of a portion of your Windy Gap allotment was unsuccessful and that making your 1986 payment will result in some difficult times for the Town. We were encouraged to learn that you will be able to make the necessary payments as specified in your allotment contract. The Board of Directors has discussed your request to allow payments on a monthly basis. I am pleased to inform you that we can grant your request, with the following provisions: 1. The first payment of the calendar year will be due on or before April 1st and shall include 4/12 or 1/3 of your total yearly assessment. 2. On or before the first of each succeeding month (May thru December) a payment equal to 1/12 of your yearly assessment is due and payable. 3. This payment schedule will be reviewed and renewed on an annual basis at the discretion of the Board of Directors. The Board's approval of this payment plan is subject to approval of Bond Counsel. We will notify you when we have obtained an opinion from Bond Counsel. UCUUE qi Â¢Ae H Page 2 Mr. Dale Hill A revised statement is attached reflecting a cancellation of your 1986 Windy Gap order. We are willing to work with the Town in any way that we can to facilitate your sale of excess units of Windy Gap allotment. Vers...truly your'sA titiby'-- Larry D. Simpson Manager DDZ/LDS:jm Enclosure 1986 WINDY GAP CHARGES Debt Service $759,055.05 1985 Debit for Carriage & Energy Costs 768.38 Total Billing for 1986 $759,823.43 Due on April 1, 1986 $253,274.47 " " May 1, 1986 63,318.62 " " June 1, 1986 63,318.62 " " July 1, 1986 63,318.62 " " Aug. 1, 1986 63,318.62 " " Sept. 1, 1986 63,318.62 " " Oct. 1, 1986 63,318.62 " " Nov. 1, 1986 63,318.62 " " Dec. 1, 1986 63,318.62 Total $759,823.43 W. W. WHEELER AND ASSOCIATES, IN WATER RESOURCES ENGINEERS 3700 SOUTH INCA STREET PHONE ENGLEWOOD, COLORADO 80110 761-4130 January 29, 1986 RECEIVED Mr. Dale Hill JAN 3 1 1986 Town Administrator Town of Estes Park TOWN OF ESTES PARK P.O. Box 1200 TOWN ADMINISIRATOR Estes Park, Colorado 80517 RE: #744.2 Plen of Augmentation Dear Dale: Enclosed are two copies of the augmentation plan which will supercede those sent under our letter dated December 13, 1986. The reason for the change is the addition o f a paragraph on page 17 on Consumptive Use Factors which changed table numbers thereafter. Also included is the Accounting Form Table and an example using a hypothetical case which was not completed at the time we sent the original copy of the report to you. If, after review of the report and accounting form, you or Greg wish to meet to discuss the report and its contents, please contact us. Sincerely, W. W. WHEELER & ASSOCIATES, INC. 94 -W . U).J~ W. W. Wheeler WWW:sk Encl. cc: Greg White (Encl.-1) 1 . 2?\ f :m COLORADO DEPARTMENT OF HEALTH i'.234Kwe>~*' Frank A. Traylor, M.D Richard D. Lamm Governor \1879 Executive Director TO: Public Water Systems FROM: Drinking Water Section RE: Local Cross Connection Control Program DATE: January 20, 1984 Attached is a legal analysis of: 1. State authority to establish cross connection control. 2. Who is liable for a cross-connection. 3. Litigation and penalities involving cross connections. 4. State right to enter and inspect the premises on which a public water system is located. This analysis was compiled by Ms. Melinda Kassen, Assistant Attorney General, Natural Resources Section, State Department of Law. Public Water system establishment of an ordinance or binding policy for cross connection control is necessary for compliance to state law and section 11.1.2 oc the Colorado Primary Drinking Water Regulations. For additional information or a copy of a sample ordinance please call or write to: Drinking Water Section 4210 E. 11th Ave. Denver, Colorado 80220 Phone # 320-8333, extension 3322 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 SEMINAR ON CROSS-CONNECTORS LEGAL ANALYSIS C.R.S. 1973, 25-1-114 (1982 repl. vol. 11) -provides, in part: (1) It is unlawful for any person, associa- tion, or corporation, and the officers thereof: Ch) To make, install, maintain, or permit - any cross-connection between any water sys- tem supplying drinking water to the public and any pipe, plumbing fixture, or water system which contains water of a quality below the minimum general sanitary stan- dards as to the quality of drinking water supplied to the public or to fail to remove such connection within ten days after being ordered in writing by the department to re- move the same. For the purposes of this paragraph (h), "cross-connection" means any connection which would allow water to flow from any pipe, plumbing fixture, or water . system into a water system supplying drink- ing water to the public. By its very terms, this statute makes anyone who has knowl- edge of the fact that such a cross-connector exists liable for its existence. The knowledge element, without more, is evident from the language "to make, install, maintain or permit." Clear- ly, the fact that one need not take any affirmative action is contained within the concept that if one passively permits a cross-connector to exist one is nonetheless liable. C.R.S. 1973, 25-1-114 further provides: (4) Any person, association, or corpora- tion, or the officers thereof, who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprison- ment in the county jail for not more than one year, or by both such fine and impris- onment and, in addition to such fine and imprisonment, shall be liable for any ex- pense incurred by health authorities in re- moving any nuisance, source of filth, or cause of sickness. Conviction under the penalty provisions of this part 1 or any public health law shall not relieve any person from any civil action in damages that may exist for an injury resulting from any violation of the public health laws. The above section means that any person who makes, in- stalls, maintains, or permits any cross-connection is guilty of a criminal offense. Misdemeanors are the less severe of criminal offenses; however, should a person be convicted under this sec- tion, the financial liability is potentially substantial. This 7 is true because, in addition to the normal misdemeanor penalties, up to 1 year in the county jail and/or up to a $1,000 fine, the section makes anyone convicted under the section liable for cleanup expenses incurred by the Department of Health. Further- more, the fact that a criminal action is instituted and results in a conviction under this section does not relieve that convict- ed party from liability were a private entity to sue in a civil action for damages as a result of injuries suffered by the main- tenance of the cross-connector. The authority to enforce C.R.S. 1973, 25-1-114 is delegated to the Division of Administration of the Colorado Department of Health ("the division"). C.R.S. 1973, 25-1-109. That section provides, in part, that (1) ... /T/he division, through the direc- tor or, upon his /sic/ direction and under his supervision, through the other officers and employees of the division, has the fol- lowing powers and duties: (a) To administer and enforce the public health laws of the State of Colorado and the standards, orders, rules, and regu- lations established, issued, or adopted by the board; .... C.R.S. 1973, 25-1-112 provides that, should the division seek to institute criminal actions as a result of a violation of section 114(1)(h) that it must first request the district attor- ney of the judicial district in which the violation occurrdd, or is'ongoing, to institute criminal proceedings. If the district -2- . attorney fails to act, this section provides that the director of the Department of Health ("the department") may request that the attorney general or, with the approval of the Board of Health, special counsel, institute such proceedings. The authority of the division to promulgate regulations re- garding cross-connectors is found in C.R.S. 1973, 25-1-107(1)(x)(I), which gives the department the power and duty, among other things, "to adopt and enforce minimum general sani- tary standards and regulations to protect the quality of drinking water supplied to the public, including the authority to require disinfection of such water." Paragraph (x) of this section fur- ther provides in subsection (II) that, "standards and regulations adopted pursuant to this paragraph (x) may also include such min- imum standards and regulations as are necessary to assume en- forcement of the federal "Safe Drinking Water Act" with regard to t public water systems ...." Subparagraph (III) gives authorized inspectors from the department the right to enter and inspect the premises on which a drinking water system is located. Finally, subparagraph (V) defines a "public water system" as one that has at least 15 service connections or serves at least 25 individu- als. Thus, the division has the authority to promulgate regula- tions to protect public water systems as to the quality.of the drinking water provided. Since a cross-connector from a public drinking water system to a water system which has water of a quality less than established by minimum general sanitary stan- dards for drinking water supplies, it would be within the division's authority to regulate against the use of cross- connectors. In addition to its regulatory powers, and more importantly, the division also has enforcement powers through its authorization to request the institution of criminal legal pro- ceedings against anyone who, with knowledge, maintains, installs or permits a cross-connector between a drinking water system and some other, lesser quality, water system to exist. AG Alpha No. HL WQ HWGS AG File No. CNR8400075/JR -3- TOWN OF ESTES PARK ACCOUNTABLE WATER REPORT Water Billing for February, 1986 (Net) .13,974,617 gal. Water Use for Jan. 13,_1986 through Feb. 13, 1986 Jan. 13 to Jan 31 (-900,000) Water Supplied: Black Canyon ( 18 days) *Fall River 4,540,400 Glacier Creek 8,497,000 4,401,552 *Big Thompson Subtract for: *Wash Water - 5% (- 871,947 Feb 1 to 13 Water Supplied: Black Canyon (-1,243,000) C 13 ) *Fall River 3,181,800 4,721,000 Glacier Creek *Big Thompson 3,637,834 Subtract for: *Wash Water - 5% (- 577,331) Total Water Supplied in Billing Period 25,393,308 Adjustment (- 8,727,055 TOTAL 16,666,253 Percent Accounted For 83.8 % f k 1. Mize - Charles Heights 30 Days 2. Devil's Gulch & Wonderview 30 Days 3. Fall River Estates Bleeder 30 Days 4. Hondius Bleeder 30 Days 5. Joan Banker 30 Days 6. Baldwin 30 Days 7. Swimming Pool 30 Days 8. Woods 30 Days 9. Gavell Trailer - Elm Road 30 Days 10. Dale Summers 30 Days 11. Hobbs 30 Days TOTAL 330 Days 11 Bleeders @ 2,167 gal/day (1.5 gal. min.) x 330 = 7,866,210 Lower Fall River Bleeder 28,000 gal./day x 30 = 840,000 Water Dispenser 20,845 8,727,055 TOWN OF ESTES PARK , WATER USE REPORT COMPARISON SHEET % Change % Change Same Mon: ]984 1985 1986 Last Month Last Year 59.27 ac. ft. 91.28 ac. ft. 60.06 ac. ft. Jan. 19.315.120 gal. Jan. 29,741,000 qal. Jan. 19,571,499 qal. +4.90% -34.20 50.14 ac. ft. 102.77 ac. ft. 64.36 ac. ft. Feb. 16.339.150 qal, Feb. 33,488,000 qal. Feb. 20,974,216 gal. +7.20% -37.40 48.75 ac. ft. 65.64 ac. ft. Mar. 15,888,300 qal Mar. 21,391.000 gal. Mar. 53.18 ac. ft. . .73.99 ac. ft. . Apr. 17,328,460 qal._ Apr. 24,110,504 gal. Apr. 69.73 ac. ft. .98.53 ac. ft. May 22,723,106 gal. May 32,-106,550 gal . May 113.24 ac. ft. 131.24 ac. ft. ,- Jun. 36,899,615 Gal. Jun. 42,768,000 gal. Jun. 153.88 ac. ft. .154.52 ac. .ft. Jul. 50,142,300 gal. Jul. -50,351,784 gal. Jul. 132.85 ac. ft. .167.68. ac. ft. Aug. 43,290,000 gal. Aug. 54,637,657 gal. Aug. 95.75 ac. ft. . 95.29 ac. f t.. Sep. 31,201,500 gal. Sep. 31,051,965 gal. Sep. 37.59 ac. ft. 78.78 ac..ft. Oct. 12,249,009 gal. Oct.* 25,672,598 gal. Oct. 42.77 ac. ft. 67.97 ac..ft. Nov. 13,936,841 gal. Nov. 22,149,174 gal. Nov. 42.78 ac. ft. . 57.25 ac..ft. Dec. 13,940,500 gal. Dec. 18,656,085 gal. Dec. TOTAL: TOTAL: TOTAL: 899.99 1,184.97 ac. ft. .233,623,901 gal. 386,124,317 gal. TOWN OF ESTES PARK WATFR USF RECORD F 0 6 1 9 7 G 1 2 3 4 5 6 5 6 _BLACK FALL GLACIEL.-_.SUBTOTAL-_SUB-TOTAL BIG TOTAI TOTAI CANYON RIVER CREEK GALLO\IS ACRE F-. THOMPSON GAI I ONg ACRF FT. \TE -U t,5 9@00 *3.Aria ~02/ boo (,0380 0 1 Â·tf- 24 4 Al 4 0.4-0 7 4 &.64 2 --1/ k?Â· 0 '6; i-' 0 56340 0 (6 7 80 0 5-2 9 /80 9Â£13/9 6 232&9 4 2,53/ : 3 - DE 4-'11-10 02460 0 93000 0 639600 1.6~1 d// 5.|42 7-5012'4 0 136 t: 1-i :.1-0 b 4 t k3|/ o O 436000 53960' 1 Z 1 9 0 2 70. 458 1 291 1 - 1i:11 1 5 11 N j!<02 9 3159160 0 39&00 0 50 6 300 30 3 1.80Â· 71 116 Zo 1.419 _-- 1 1~~ i"~ rp 3 3iq 7.70 0 j6 90 0 0 4/ 0700 lit 3 0 3 33 5 ; 72212 0 6 19) - 1 1 j['': 45 2%3800 -1.5-300 0 501%00 135 Id 9% 1 21 9 9 2 -2- 1.5/ I rÂ·Â·44-- .1~4*00 24"0 0 5 1 / 460 I66 3 1 / 982 22342 2 13{1 520|40 0 160000 C)OloD 1. 4 G 3 7-340 4 25 49 0 q 1.,12 10 - 1; 4. foic a j f) 6800 . 37 Â£(60 0 431900 I35 2?9 162 7290!6 2 1.113 . - 41: 1+21'no d.'4 .560 0 36 4,000 42'9600 1.5-0 357072 796692 0.44 - F It 12 01?17(0 37'food <35100 164 571232 106132 1 47 - - ~&11% isÂ¢loo 36,060 1/13/60 13 145 3/556 2 1 Ji8699 9,41 . |.1 n 14 OR/120 0 363 000 476300 146 309 -1 50 11 65 0 0 14/ 2 15 - 11 1 79 9 0 4% 3130 3 3 8 7 66 0 f.3 y) 6-6 41390 0 9171 0 0 25 9 Y 16 - li ~ j ~li ~ g j ~E 7ig,0 0 3%04Â©DO 533 00 6 ,).6 0 52 4 22 0 2106% O 157 r 17 - h ii '-1.1 r J bla 06 0 0 4/340 0 91 go 03 1.5 1 22.35 85 71%43 6 0 2 0 18 - i T -- "4 0 019010 0 33 Zoo 0 45210 0 1.3â‚¬ 0-396" 67/910 1. I 1 A . - i) 9 00 ec) 14 313 60 41 gao D 59 2 30 8 15232 4 79462 9 1,43 20 - 1 1 1 4 + 0 6 .5203 ~53 0 4,1 82)0 4246-6.0 / 4% 226299- 7/0799 1.1 9 - - 21 - 9406 0 0 415'0!250 4320!9 o .fÂ¥ 0,3 0 - 1'.60Â· 258003 798500 1.45 ~ 22 - A,gb 20 110 219 0 0 37690 0 f~,3 T.fo D l34, 295520 42392 0 109 - .23 - Al,40,3 0 19 4400 4/16600 533405 1 94 -- 257540 1929'10 1%3 - 24 - )'14 r.'L'j -Li 0 13420 0 q 000 6 a 49416 6 119 60 Â¥ 1 71370 4 2,542 15 - i '4 90.00 133*1 0 0 4 14000 4 1105 14 (99 Â¥ 762 61 4 1 jig- 1 26 -- i 2.,7.tr'12 22.2600 409000 q#ZAND !)149 11 1 3 54 410 59 5 4 1.< 4 1 1 11:, 9/*1 0 \2).2.*00 4 0200 0 49 1 to D \1 60 15 623 6 143 A 6 1 %9 28 - L-1,1.t {) 41:4 0'600 q (3;000 517-2.6~00 .1/.60 213830 6 714 094 6 133 1 1 1 1 1 !1 29 1, i 1 1 1 2 1 i i: 119 1! 1 . .1 1 2 30 |41 1! 11 1! i 11 j $ i '; 1 2 .TOTAL -: 240 80 0:(0,1~e|7260/4,7 15-000 /4,i 9 220 0,: 1 114;3151312-115/162733 2 I {Â· Â·i ~ GAL. 9 -: 1/ . l,(: 1, il t! li Â£ i :11 1.11;1 AC. FT 2 0~ d ) 1 31~.5Â¢ 1 1 3 4 4:i h . xxk>:xxx>x xxx~:xxk>:x i ! &4,49 Xxxkxxx<x . 1 .12,317 1 1 1, 111 i!liii 11 1,1 ;i'1| 1 1 111 I ~ ~ , â‚¬33-5.3~6 4 Ii| i ~ 633â‚¬360 | l| C24*43 1 1 -1 i 1 1 1 LESS 5% i 1 1 1 ./- 1 1 1 WASH :- I _XXXXXXXXX 1 i 11 kxxXXXXXX Ilil xxx>: xxx>. x i ! i i 11 11 :If - WATER i 1 1 1 1 BLEEDERS_XXkXXXNX-_XXX)(XXXXXX-_X)(XXXXXXX_ 1 1 1 i __XXX)06(Xy.X__-)0[kUXX xxx ! Ll--1-LLL-L j TOT.CAL E 12243.44 4,-49/|246 . 11 It /3,&5317'40 xxx> XXxxx 7,1/!/ 7.|3 76-|Z~tq,&(# IxxxXxxxXxx , .95/ Ili 4&251 1. lili! 1 12/443 1 1.1 1111 4 -OT.AC.FT. 9694| |17%iftlt | ||||i x!XHAY~(44Y |1 J|.li~ .i A*â€¢ej/ _ ,|Â·J 64:36 1 illl ~1