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HomeMy WebLinkAbout20121584.tiff A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, PROVIDING SUPPORT FOR WELD COUNTY'S REQUEST TO GOVERNOR HICKENLOOPER TO DECLARE A STATEWIDE DISASTER EMERGENCY AND TO SUSPEND RESTRICTIONS UPON IRRIGATION WELLS IN WELD COUNTY TO PROVIDE RELIEF FROM EMERGENCY CONDITIONS Resolution No. 2012-55 WHEREAS, in 2012, two events have combined to cause an emergency situation for farmers in the South Platte River Basin in Weld County: 1) below average snowfall since January and below average precipitation this Spring, and 2) the restriction by the Colorado State Engineer of pumping from irrigation wells that are subject to court approved augmentation plans or substitute water supply plans that have been approved by the State Engineer under current statutory authority; and WHEREAS, at least a third of Weld County is considered to be in a drought condition,with the remainder being classified as abnormally dry, as shown on the NOAA U.S. Drought Monitor for Colorado; and WHEREAS, within a matter of days, the lack of precipitation and surface water sources threaten immediate loss of existing crops, which will significantly impact the entire agricultural industry of Weld County, including livestock, dairies, packing plants, feed lots, sugar and vegetable production, and threatens a loss of markets or market share; and WHEREAS, there is a need for immediately reliable water sources; and WHEREAS, because of the drought conditions, the restrictions, and the availability of an overfull groundwater reservoir in the South Platte alluvial aquifer, the City of Brighton supports the Board of County Commissioners of Weld County, Colorado request to Governor Hickenlooper to 1) declare a statewide disaster emergency affecting Weld County;2) allow those irrigation wells within Weld County which are in approved augmentation plans or substitute water supply plans approved by the State Engineer under current statutory authority to pump for a period of thirty (30) days and suspending the restrictions in order to cope with and prevent the drought disaster emergency; 3) require that the irrigation wells allowed to pump be metered,with flow data collected to be reported to an entity or State department as directed by the Governor; and 4) require that monitoring wells be established in the South Platte alluvial aquifer in Weld County to determine the effect of the pumping on the groundwater levels and groundwater return flows to the South Platte River. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brighton, Colorado that: Brighton supports Weld County's request at this critical time and request Governor Hickenlooper take action. ADOPTED this 19th day of June,2012. (� -075 070/,?., 2012-1584 CITY OF BRIGHTON, COLORADO Richard N. McLean, Mayor ATTEST: Natalie Hoel, City C erk RESOLUTION RE: DECLARATION OF LOCAL DISASTER EMERGENCY AND AUTHORIZATION FOR CHAIRMAN TO SIGN ANY NECESSARY DOCUMENTS, AND REQUEST TO GOVERNOR HICKENLOOPER TO DECLARE A STATEWIDE DISASTER EMERGENCY AND TO SUSPEND RESTRICTIONS UPON IRRIGATION WELLS IN WELD COUNTY TO PROVIDE RELIEF FROM EMERGENCY CONDITIONS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, in 2012, two events have combined to cause an emergency situation for farmers in the South Platte River Basin in Weld County: 1) below average snowfall since January and below average precipitation this Spring, and 2) the restriction by the Colorado State Engineer of pumping from irrigation wells that are subject to court approved augmentation plans or substitute water supply plans that have been approved by the State Engineer under current statutory authority (referred to herein as the "Restrictions"), and WHEREAS, precipitation in Weld County between March 1, 2012, and May 31, 2012, has been significantly below average, as shown on the map from the High Plains Regional Climate Center which attached hereto as Attachment"A," and WHEREAS, at least a third of Weld County is considered to be in a "drought" condition, with the remainder being classified as "abnormally dry," as shown on the NOAA U.S. Drought Monitor for Colorado, which is attached hereto as Attachment "A-1," and WHEREAS, from the NOAA Climate Prediction Center, the prediction for the time period through June 22, 2012, is for"below normal" precipitation in most of Colorado, including Weld County, as shown on the map which is attached hereto as Attachment "B," and WHEREAS, because of the lack of precipitation, the May, 2012, Surface Water Supply Index (SWSI) Report issued by the office of the Colorado State Engineer forecasts surface flow being below average for the South Platte River Basin and the lack of spring rains have left fields dry and necessitating the senior South Platte ditches to place a call for water much earlier than in a normal year, and WHEREAS, within a matter of days, the lack of precipitation and surface water sources threaten immediate loss of existing crops, which will significantly impact the entire agricultural industry of Weld County, including livestock, dairies, packing plants, feed lots, sugar and vegetable production, and threatens a loss of markets or market share, and RE: DECLARATION OF LOCAL DISASTER EMERGENCY AND AUTHORIZATION FOR CHAIRMAN TO SIGN ANY NECESSARY DOCUMENTS, AND REQUEST TO GOVERNOR HICKENLOOPER TO DECLARE A STATEWIDE DISASTER EMERGENCY AND TO SUSPEND RESTRICTIONS UPON IRRIGATION WELLS IN WELD COUNTY TO PROVIDE RELIEF FROM EMERGENCY CONDITIONS PAGE 2 WHEREAS, there is a need for immediately reliable water sources, and historically the use of groundwater has provided such reliability, and WHEREAS, as a result, little or no water is available for diversion by well owners, who rely upon the opportunity to store water during normal runoff for later release during the irrigation season as replacement water, and WHEREAS, well pumping is limited by existing approved augmentation plans, and, as a result of drought, the availability of surface water for augmentation is reduced, and WHEREAS, the wells affected by the Restrictions serve productive farm land, with many of the farms being supplementally irrigated by well water, or being irrigated by well water as a supplement at those times when surface water ditches produce less than is needed to support a crop, and those acres that have been planted cannot or will not be able to be irrigated because of inadequate surface water diversions plus available allotted well pumping, and WHEREAS, the result is that production from the affected farms will be negligible, inputs already invested will be lost, and many farm owners and operators will be unable to meet existing obligations, with significant numbers of bankruptcies and foreclosures being anticipated, and consequent adverse impact to Weld County's economy and tax base, and WHEREAS, ground water levels in Weld County are at all-time high record levels, and are continuing to rise, as detailed in the written testimony of Robert A. Longenbaugh, presented to the Colorado House Agricultural,.Livestock, and Natural Resources Committee on February 20, 2012, regarding H.B. 12-1278, a copy of which is attached hereto as Attachment"C," and WHEREAS, these all-time high record ground water levels in the South Platte alluvial aquifer reflect that post-pumping depletions caused by previous years' pumping no longer exist in the aquifer and do not reduce groundwater return to the South Platte River, and 2012- RE: DECLARATION OF LOCAL DISASTER EMERGENCY AND AUTHORIZATION FOR CHAIRMAN TO SIGN ANY NECESSARY DOCUMENTS, AND REQUEST TO GOVERNOR HICKENLOOPER TO DECLARE A STATEWIDE DISASTER EMERGENCY AND TO SUSPEND RESTRICTIONS UPON IRRIGATION WELLS IN WELD COUNTY TO PROVIDE RELIEF FROM EMERGENCY CONDITIONS PAGE 3 WHEREAS, at a public meeting in Sterling, Colorado on April 11, 2012, the State Engineer stated that the high groundwater levels in the South Platte alluvial aquifer between Denver and Kersey have been caused by the Restrictions and that there has been excess river accretions in the South Platte River, indicating that there has been over-augmentation for the pumped irrigation wells; allowing additional irrigation well pumping or reducing augmentation requirements would be a solution to these problems, and WHEREAS, by allowing additional pumping of the affected irrigation wells, these all-time high record groundwater levels in the South Platte alluvial aquifer will be lowered, thus reducing the damage caused by the high groundwater levels: drainage problems in fields, standing water, crop loss due to rotting in damp fields, deterioration of water quality in the aquifer, crop loss and permanent soil loss due to salinization of soils, and infrastructure damage such as flooded basements, failure of septic leach fields and sewage plants, and WHEREAS, substantial evidence exists that the Restrictions as a basis for administration of ground water pumping on the River is of doubtful validity because record high ground water levels in the South Platte aquifer do not provide evidence that "post pumping depletions" to the aquifer caused by pumping in past years (pre-2011) continue in 2012 to impair the aquifer and thus reduce ground water return flows to the South Platte River, and WHEREAS, excess accretions due to current augmentation plans and substitute water supply plans may justify further suspension of the Restrictions, and WHEREAS, the additional pumping of the affected irrigations wells will have significant economic benefit and will eliminate the economic loss caused by the high groundwater level, and WHEREAS, pursuant to C.R.S. § 24-32-2107(1), because of the drought conditions, the Restrictions, and the availability of an overfull groundwater reservoir in the South Platte alluvial aquifer, the Board hereby declares that there exists in Weld County a disaster emergency, and requests Governor Hickenlooper to: 1) FORTHWITH declare a statewide disaster emergency affecting Weld County, pursuant to C.R.S. § 24-32-2104(4); 2) FORTHWITH allow those irrigation wells within Weld County which 2012- RE: DECLARATION OF LOCAL DISASTER EMERGENCY AND AUTHORIZATION FOR CHAIRMAN TO SIGN ANY NECESSARY DOCUMENTS, AND REQUEST TO GOVERNOR HICKENLOOPER TO DECLARE A STATEWIDE DISASTER EMERGENCY AND TO SUSPEND RESTRICTIONS UPON IRRIGATION WELLS IN WELD COUNTY TO PROVIDE RELIEF FROM EMERGENCY CONDITIONS PAGE 4 are in approved augmentation plans or substitute water supply plans approved by the State Engineer under current statutory authority to pump for a period of thirty (30) days and suspending the Restrictions in order to cope with and prevent the drought disaster emergency; 3) require that the irrigation wells allowed to pump be metered, with flow data collected to be reported to an entity or State department as directed by the Governor; and 4) require that monitoring wells be established in the South Platte alluvial aquifer in Weld County to determine the effect of the pumping on the groundwater levels and groundwater return flows to the South Platte River. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a state of disaster emergency is in effect within Weld County, Colorado. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign any and all documents for the purpose of defining and communicating the existence of said disaster emergency. BE IT FURTHER RESOLVED that the Board requests Governor Hickenlooper to: 1) FORTHWITH declare a statewide disaster emergency affecting Weld County, pursuant to C.R.S. § 24-32-2104(4); 2) FORTHWITH allow those irrigation wells within Weld County which are in approved augmentation plans or substitute water supply plans approved by the State Engineer under current statutory authority to pump for a period of thirty (30) days and suspending the Restrictions in order to cope with and prevent the drought disaster emergency; 3) require that the irrigation wells allowed to pump be metered, with flow data collected to be reported to an entity or State department as directed by the Governor; and 4) require that monitoring wells be established in the South Platte alluvial aquifer in Weld County to determine the effect of the pumping on the groundwater levels and groundwater return flows to the South Platte River. BE IT FURTHER RESOLVED that the Board also requests Governor Hickenlooper to: a) activate the Colorado Drought Mitigation and Response Plan, and b) convene a Drought Impact Task Force specific to the total South Platte River Basin to create a mitigation, preparedness, and long-term recovery plan. 2012- RE: DECLARATION OF LOCAL DISASTER EMERGENCY AND AUTHORIZATION FOR CHAIRMAN TO SIGN ANY NECESSARY DOCUMENTS, AND REQUEST TO GOVERNOR HICKENLOOPER TO DECLARE A DISASTER EMERGENCY FOR WELD COUNTY AND TO ORDER THE PUMPING OF RESTRICTED IRRIGATION WELLS TO PROVIDE RELIEF FROM EMERGENCY CONDITIONS PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of June,A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r-9 ATTEST�7�r.w:a°��4 P, �~ Seamy, Chair Weld County Clerk to the Board (//// Wil•_m F. arcia, Pro em BY: �� I � , Deputy C"rk to the Board ('a C G � ' ra Kirkmeye APP D A .! ORM: '•q„•' �LL, i id . Long un,Porney Dougla Radema her Date of signature: (v-1I•I a 2012-1459 BC0043 ‘4,1‘, s�a • OFFICE OF THE BOARD OF COMMISSIONERS Phone: 970-336-7204 Fax: 970-352-0242 11500 O O Street • v Y' N T s?F P.O.Box 758 m}t s Greeley,CO 80632 PRESS RELEASE Date:6/11/12 Contact:Jennifer Finch,970-336-7203 WELD COUNTY COMMISSIONERS DECLARE DISASTER EMERGENCY,URGE GOVERNOR TO TURN ON WATER PUMPS TO HELP SAVE CROPS WELD COUNTY,CO—The Weld County Commissioners have declared a disaster emergency for Weld County and are asking Governor John Hickenlooper to order the pumping of restricted irrigation wells for 30 days to provide relief from emergency conditions.The Commissioners unanimously passed the resolution during this morning's Board meeting. The resolution states:"WHEREAS,in 2012,two events have combined to cause an emergency situation for fanners in the South Platte River Basin in Weld County:1)below average snowfall since January and below average precipitation this Spring,and 2)the restriction by the Colorado State Engineer of pumping from irrigation wells that are subject to court approved augmentation plans or substitute water supply plans that have been approved by the State Engineer under current statutory authority(referred to herein as the"Restrictions"),"as the foundation for the action. The resolution continues by calling on the Governor to take immediate action:"WHEREAS,pursuant to C.R.S.§24-32- 2107(1),because of the drought conditions,the Restrictions,and the availability of an overrun groundwater reservoir in the South Platte alluvial aquifer,the Board hereby declares that there exists in Weld County a disaster emergency,and requests Governor Hickenlooper to:I)FORTHWITH declare a statewide disaster emergency affecting Weld County,pursuant to C.R.S.§24-32-2104(4);2)FORTHWITH allow those irrigation wells within Weld County which are in approved augmentation plans or substitute water supply plans approved by the State Engineer snider current statutory authority to pump for a period of thirty(30)days and suspending the Restrictions in order to cope with and prevent the drought disaster emergency;3)require that the irrigation wells allowed to pump be metered,with flow data collected to be reported to an entity or State department as directed by the Governor;and 4)require that monitoring wells be established in the South Platte alluvial aquifer in Weld County to determine the effect of the pumping on the groundwater levels and groundwater return flows to the South Platte River." "We have only a short window of time available to try to avert an agricultural disaster here in Weld County,"said Weld County Chairman Sean Conway."The best guess is we have between one to two weeks to get the wells turned on in order to save this year's crop." Weld County is the top agricultural county in the Colorado producing approximately S1.5 billion in value of agricultural products sold according to the 2007 Census of Agriculture. "The next step the Commissioners will take,"said Commissioner Barbara Kirkmeyer,"is to arrange a meeting with Governor Hickenlooper before the end of the week and discuss in person the need for immediate action." #99 Hello