PALMER LAKE, COLORADO
Town Council Meeting - Record of Proceedings

AUGUST 16, 2007

The Palmer Lake Town Council meeting was called to order by Mayor Parker at 7:09 p.m., August 16, 2007.

Attendees:

Trustees:
Mayor Parker
Allen
Coleman
Flake
Jack
Miner
Stafford

Attorney: Gaddis
Attorney: Sperling
Audience: 10

The purpose of this meeting is to discuss the issues relating to the filling of Palmer Lake.

Jeff Hulsmann -- Awake the Lake
Jeff referenced the letter from their attorney Hank Worley and a brief summary of Worley's letter prepared by the Awake the Lake Committee. (A copy of both documents are available upon request.) Mr. Hulsmann stated that option 3 is the least desirable.

Summary
TOPL has excess water resources that can be utilized to fill the lake. The following are long-term "solutions" that have been "administratively approved" by the Division of Water Resources, which regulate these matters for the State Engineer.

1. Wastewater exchange -- Water from Monument creek is put into Palmer Lake in exchange for wastewater generated by the use of the Denver and Arapahoe Wells.
    
2. Excess Flows -- Water from Monument Creek is put into Palmer Lake using either of the flow rights from two decrees on Monument Creek, when in priority. Since the capacity of the filter plant is less than the flow rights, the difference can be put into the lake.
    
3. Stored Water -- Use water from the reservoir (Glen Park Storage) seasonally and in moderation.

In response, Attorney Sperling stated that Option 1 could be doable if the town has sufficient credits.

Option 2 cannot be done since the direct flow rights are only allowed to be 'used,' not 'stored.' Filling the lake does not fall under the definition of municipal use. It will be necessary to obtain storage rights on Palmer Lake and amend the augmentation plan. Once the papers for Junior Storage rights and the amended augmentation plan has been filed with the courts, then the town could apply for an augmentation supply plan, and upon approval could begin to put water into the lake while the court rules on the storage rights. If the town insisted on taking water from the direct flow rights, the town could be looking at legal issues and lawsuits from other entities.

Option 3 is not recommended since this is the town's municipal water source, that the reservoir can only be filled one time per year. If we have another drought and there is no water entering into the reservoir the town could run out of water. Once the water is put into the lake, it cannot be taken back and used for municipal purposes.

Rich Snyder, Division 2 Water Commissioner, stated that the town's water usage had not been closely monitored for years, that during the past several years he had begun to monitor them more closely. The level of the reservoir will need to be monitored on a daily basis, including accounting for evaporation. In addition, a means of measuring the amount of water diverted to the lake will need to be installed. It is his recommendation that a gauge be installed.

Mr. Snyder strongly recommended that the town file for Junior Storage rights and an amended augmentation plan.

Colorado Springs has already contacted him regarding the town using direct flow rights to fill Palmer Lake.

Trustee Allen made a motion to implement Mr. Worley's recommendations to 1) use Wastewater Exchange and 2) Excess Flow rights and to initiate action to file for Junior Storage Rights and an Amended Augmentation Plan, seconded by Trustee Stafford. 6 Ayes, 1 Nay, Motion carried.

Attorney Sperling was instructed to renew her efforts on the filings, along with Paul Gilbert, Engineer.

Mayor Parker asked for the ATL Committee to supply any information they had to Attorney Sperling and to let her decide what was relevant.

Mr. Hulsmann informed council that the Awake the Lake Committee would not pay for Attorney Sperling's time to file the paperwork unless they can have direct contact with her. Attorney Gaddis and Sperling both stated that the town is the client. That any communications will need to come from the town.

Water Supervisor Steve Orcutt was instructed to purchase and have the meter installed as soon as possible. Steve was also instructed to begin diverting direct flow rights without waiting for the filing for storage rights.

Trustee Flake made a motion to adjourn at 9:52 pm, seconded by Trustee Miner. Motion carried unanmously.

Approved as written or amended this 13th day of September, 2007.

Max Parker, Mayor
Della Gray, Town Clerk

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