HomeMy WebLinkAboutR07-053 Water Projects that Deplete Streams
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Commissioner
BOARD OF COUNTY COlVlMISSIONERS
COUNTY OF EAGLE, ST ATE OF COLORADO
RESOLUTION NO. 2007 - O"-j-.?7
A RESOLUTION DIRECTING COUNTY STAFF TO PREPARE AND PRESENT
AN AMENDlVlENT TO THE EAGLE COUNTY GUIDELINES AND
REGULATIONS FOR MATTERS OF STATE INTEREST TO PROHIBIT
WATER PROJECTS THAT DEPLETE STREAMS WITHIN OR UPSTREAM OF
THE WILDNERNESS AREAS LOCATED IN EAGLE COUNTY
WHEREAS, Colo. Rev. Stat. ~ 24-65.1-101, et seq., grants local governments the
power to designate areas and activities of state interest and to promulgate guidelines for
the administration of such activities; and
WHEREAS, Eagle County has adopted the Eagle County Guidelines and
Regulations for Matters of State Interest, which regulations are set forth in Chapter VI of
the Eagle County Land Use Regulations ("Regulations"); and
WHEREAS, the purposes of the Regulations are set forth in section 6.01.02 of
the Regulations and include protection of the environment, enhancement of wildlife
habitat, conservation of natural resources, land use regulation, and to ensure the residents
of Eagle County do not bear the costs of new development either through an increased
financial burden or degradation to the quality of life; and
WHEREAS, section 6.03.01 of the Regulations establishes that no person may
engage in development within a designated area of state interest or conduct a designated
activity of state interest without first obtaining a Finding of No Significant Impact or
permit issued by the County; and
WHEREAS, the County recognizes the importance of preserving the natural
quality of Wilderness Areas within the County and finds that the preservation of these
Wilderness Areas plays an important role in the quality of life for many Eagle County
residents; and
WHEREAS, the County's authority to regulate water system projects in the Holy
Cross Wilderness Area was affirmed by the Colorado Court of Appeals in the case of
City of Colorado Springs v. Board of County Commissioners of the County of Eagle, 895
P.2d 1105 (Colo. App. 1994); and
WHEREAS, in City of Colorado Springs, the County denied the Cities of Aurora
and Colorado Springs special use permits to construct an extension to an existing water
collection system and to construct a municipal water project, which denial by the County
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based upon failure to comply with the Regulations was affirmed upon appeal, 895 P.2d at
1120; and
WHEREAS, the County is involved in litigation with the Cities of Aurora and
Colorado Springs in Case No. 95CW272, Water Division No.5, which case involves
proposed changes of conditional water rights with points of diversion to be located within
Eagle County, including within the Holy Cross Wilderness Area, to divert water tributary
to the Eagle River; and
WHEREAS, several of the County's constituents are also involved in ongoing
litigation with the City and County of Denver in Case No. 02CW125, Water Division No.
5, which case involves claims for diligence in the development of conditional water rights
with points of diversion to be located within Eagle County, including in the Eagles Nest
Wilderness Area, to divert water tributary to the Eagle River; and
WHEREAS, the development of such rights and their diversion and delivery
pipelines and other facilities would negatively impact the natural environment and quality
of life for the citizens of Eagle County because of effects on streams and related natural
environments, land resources, plant life, and wildlife habitats in the Wilderness Areas
located in Eagle County; and
WHEREAS, it is necessary to regulate diversions from the Eagles Nest, Holy
Cross, and Flat Tops Wilderness Areas in order to protect the environment of Eagle
County and to protect and enhance wildlife habitat and water quality, and to conserve
natural resources of the County; and
WHEREAS, it is further necessary to regulate such diversions and related
facilities to ensure that the residents of Eagle County will not be forced to bear the costs
and reductions in quality of life or otherwise suffer the consequences associated with the
environmental impacts that such projects may cause within the County; and
WHEREAS, the existing Regulations do not sufficiently describe the criteria for
issuing a permit or Finding of No Significant Impact necessary to adequately protect the
citizens of Eagle County from water projects that divert water from the Eagle Nest, Holy
Cross, and Flat Tops Wilderness Areas; and
WHEREAS, the Approval Criteria for Matters of State interest are required to be
amended to ensure that the County will not approve of any Water or Sewer Project, as
defined in the Regulations, that would deplete the streams or connected tributary
groundwater aquifers within or upstream from the Eagles Nest, Holy Cross, or Flat Tops
Wilderness Areas or that would disturb and intrude upon or under the land and related
natural and environmental resources within those Areas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
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the Board hereby directs County Staff to prepare an amendment to the Eagle County
Guidelines and Regulations for Matters of State Interest to prohibit any water or sewer
project, domestic water and sewage treatment system, and/or water supply system that
depletes the streams or connected tributary groundwater aquifers within or upstream from
the Eagles Nest, Holy Cross, or Flat Tops Wilderness Areas or that disturbs or intrudes
upon or under the lands within such Areas; and
THAT, staff then present such amendment to the Board of County
Commissioners at a regularly scheduled meeting of the Board for its consideration and
approval; and
THAT, the Board hereby finds, determines and declares that this Resolution is
necessary for the public health, safety and welfare of the residents of the County of
Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County C~m!!tissioners of
the County of Eagle, State of Colorado, at its regular meeting held the 15- day of May,
2007.
ATTEST:
A . Menconi
Chairman
~Aq) Q ;;;';'<.t _
Sara J. Fisher
com~iSSione '
BY:~-
Peter F. Runyon .
Commissioner
By:
:z:t
Teak J. Simonto
Clerk to the Board of
County Commissioners
Commissioner --::f/-t~L/l seconded adoption of the foregoing resolution.
The roll having been called, the vote was as follows:
Commissioner Peter F. Runyon
Commissioner Sara J. Fisher
Commissioner Arn M. Menconi
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This Resolution passed by .//j (; vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
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Commissioner
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/c./( i /IL/1/f'Y/\ moved adoption
. of th/iollowing Resolution:
BOARD OF COUNTY COlVIMISSIONERS
COUNTY OF EAGLE, ST ATE OF COLORADO
RESOLUTION NO. 2007 _ OL;-77
A RESOLUTION DIRECTING COUNTY STAFF TO PREPARE AND PRESENT
AN AMENDlVlENT TO THE EAGLE COUNTY GUIDELINES AND
REGULATIONS FOR MATTERS OF ST ATE INTEREST TO PROHIBIT
WATER PROJECTS THAT DEPLETE STREAMS WITHIN OR UPSTREAM OF
THE WILDNERNESS AREAS LOCATED IN EAGLE COUNTY
WHEREAS, Colo. Rev. Stat. ~ 24-65.1-101, et seq., grants local governments the
power to designate areas and activities of state interest and to promulgate guidelines for
the administration of such activities; and
WHEREAS, Eagle County has adopted the Eagle County Guidelines and
Regulations for Matters of State Interest, which regulations are set forth in Chapter VI of
the Eagle County Land Use Regulations ("Regulations"); and
WHEREAS, the purposes of the Regulations are set forth in section 6.01.02 of
the Regulations and include protection of the environment, enhancement of wildlife
habitat, conservation of natural resources, land use regulation, and to ensure the residents
of Eagle County do not bear the costs of new development either through an increased
financial burden or degradation to the quality of life; and
WHEREAS, section 6.03.01 of the Regulations establishes that no person may
engage in development within a designated area of state interest or conduct a designated
activity of state interest without first obtaining a Finding of No Significant Impact or
permit issued by the County; and
WHEREAS, the County recognizes the importance of preserving the natural
quality of Wilderness Areas within the County and finds that the preservation of these
Wilderness Areas plays an important role in the quality of life for many Eagle County
residents; and
WHEREAS, the County's authority to regulate water system projects in the Holy
Cross Wilderness Area was affirmed by the Colorado Court of Appeals in the case of
City of Colorado Springs v. Board of County Commissioners of the County of Eagle, 895
P.2d 1105 (Colo. App. 1994); and
WHEREAS, in City of Colorado Springs, the County denied the Cities of Aurora
and Colorado Springs special use permits to construct an extension to an existing water
collection system and to construct a municipal water project, which denial by the County
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