Title
Resolution approving the Amended and Restated Green Mountain Reservoir Administrative Protocol Agreement
Presenter:
Michael Gustafson, Senior Attorney, City Attorney’s Office
Aram Benyamin, Chief Executive Officer, Colorado Springs Utilities
Body
Summary:
Colorado Springs Utilities (“Utilities”) is one of 14 parties to the Green Mountain Reservoir Administrative Protocol (“Protocol”) and the Green Mountain Reservoir Administrative Protocol Agreement (“Agreement”) and is seeking City Council approval of amendments to the Agreement. The Protocol is an administrative document that governs certain water rights operations related to the 1955 Blue River Decree and Green Mountain Reservoir. The Agreement outlines the procedures necessary to implement the Protocol and was originally entered into in 2013, following City Council approval. The Agreement requires the parties to seek State Water Court and Federal District Court approval of the Protocol. The Agreement needs to be amended as a result of a 2017 Federal District Court decision in which the court determined it will no longer exercise jurisdiction over the Blue River Decree. The parties have negotiated an Amended and Restated Agreement that requires the parties to only seek State Water Court approval of the Protocol. No amendments were made to the Protocol, and the benefits and protections secured by Utilities will remain in place.
Utilities, along with each of the other parties to the Agreement, must take the Amended and Restated Agreement to their governing bodies for approval. Utilities estimates that all parties will have secured their governing bodies’ approval and the Amended and Restated Agreement will be effective by the end of the third quarter of 2020.
Background:
The Blue River System contributes approximately 8,500 acre feet of water per year to Utilities’ water supply system. A portion of the Blue River System water rights are governed by the Blue River Decree which was entered by the Federal District Court. The Blue River Decree authorizes Utilities’ diversions from the Blue River subject to the requirement that Utilities provide water to Green Mountain Reservoir in years when it may not fill.
In 2003, the Colorado Division of Water Resources, which is in charge of administering water rights in Colorado, changed the way it interpreted and administered the Green Mountain Reservoir water right that could have resulted in the Blue River system yield being reduced by up to 300 acre feet in years the reservoir does not fill.
From 2004 through 2013, Utilities participated in negotiations to resolve issues raised by the change in administration. The negotiations resulted in the Protocol, which lays out instructions for administering the Green Mountain Reservoir water right that decrease the potential reduction in Blue River System yield. The Protocol preserves Utilities’ water rights and yields, and protects it from future uncertainty by clearly defining how the various water rights and operations are administered.
In 2013, City Council authorized Utilities to enter into the Agreement which outlined the legal procedures necessary for the parties to formally adopt and implement the Protocol. Other parties to the Protocol and Agreement include the United States of America, the Colorado Division of Water Resources, and Utilities. The remaining parties are water districts, water associations, an irrigation company, and the Climax Molybdenum Company.
The Agreement requires the parties to seek State Water Court and Federal District Court approval of the Protocol. The required State and Federal Court actions were filed by the parties in 2013. In 2017, the Federal District Court decided to no longer exercise jurisdiction over the Blue River Decree. The Agreement needs to be amended to only require State Water Court approval of the Protocol. No other amendments are being made to the Protocol or Agreement, and the benefits and protections secured by Utilities will remain in place.
Previous Council Action:
Council approved the Protocol and the Agreement in February of 2013 and authorized Utilities to join with other parties to file a State Water Court and a Federal District Court actions seeking court approval of the Protocol.
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
N/A
Alternatives:
(1) Pass the resolution approving the amendment to the Protocol Agreement and authorizing the president of City Council to execute the amended agreement; (2) not pass the resolution; (3) modify the resolution; and (4) refer the matter back to Colorado Springs Utilities for further consideration.
Recommended Action
Proposed Motion:
Approval of the proposed resolution.
Summary of Ordinance Language
N/A