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."
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