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Home My WebLink About20012244 HEARING CERTIFICATION DOCKET NO. 2001-46 • RE: CONSIDER REQUEST TO SIGN PETITION FOR THE ESTABLISHMENT OF A CONSERVANCY DISTRICT- PAWNEE WATERSHED CONSERVANCY DISTRICT A public hearing was conducted on July 19, 2001, at 7:00 p.m., with the following present: Commissioner M. J. Geile, Chair Commissioner Glenn Vaad, Pro-Tem - EXCUSED Commissioner William Jerke Commissioner David Long Commissioner Robert Masden - EXCUSED Also present: Acting Clerk to the Board, Carol Harding County Attorney, Bruce Barker Assistant County Attorney, Cyndy Giauque The following business was transacted: I hereby certify that pursuant to a notice dated June 28, 2001, and duly published July 4, 11, and 18,2001, in the Tri-Town Farmer and Miner,a public hearing was conducted to obtain public input regarding a request for the Weld County Board of County Commissioners to sign a petition for the establishment of a conservancy district to be known as the Pawnee Watershed Conservancy District. Said hearing was for the purpose of taking public input only. Commissioner Dave Long introduced Commissioners Mike Geile and Bill Jerke. Chair Geile stated Commissioner LaForce from Logan County will give an overall summary of the proposal, and the Commissioners will only hear input tonight, not take official action on the request. Jim LaForce, County Commissioner from Logan County, reviewed the history of Pawnee Creek, which historically has a severe flood every 30 years. He explained the City of Sterling, under threat from FEMA, agreed they would do a project; however, in looking at the entire project, Logan County felt it would be better to place up to seven bridges along Pawnee Creek in Weld County, which would be designed to hold water for 72 hours; not to retain water, only to retard it. He said the Army Corp of Engineers will design the seven dams, and that there are several methods of funding after the design Is complete. He estimated the Corps would pay 65 percent and the District would fund 35 percent; and that the overall project would cost $45 Million and take 35 years to complete. Commissioner La Force stated the Army Corps of Engineers would determine which dam would be the best and complete it; however, the Conservancy District must be formed to request funding from FEMA and the Corps. He stated there will be a mill levy placed on the District; however, the City of Sterling, with the most to benefit, would pay the highest portion of cost. Commissioner LaForce explained the District would have three Directors on its Board, one Weld County Commissioner,one Logan County Commissioner,and one from Sterling. He reiterated the most benefit would be to Sterling and Logan County,whose citizens would pay the largest portion of the taxes. He said if the water is retained and released in a controlled manner, all the smaller dams would not wash out, and more water would be coming down the creek, since it would be released over 72 hours instead of all at once. He explained the pictures being displayed and said these are pictures of dams in Sedgwick County, which has a similar project completed. 2001-2244 ix; .'(4 BC0031 HEARING CERTIFICATION - (PUBLIC INPUT REGARDING PAWNEE CREEK WATERSHED CONSERVANCY DISTRICT) PAGE 2 Responding to questions from Chair Geile, Commissioner LaForce said the overall district would include the 645-mile watershed of Pawnee Creek, with 1-1/2 dams in Logan County and the remainder in Weld County. He also responded there would be a single mill levy set by the three board members, with different amounts taxed depending on location of, and benefit to, property. Responding to Commissioner Long, Bruce Barker, Weld County Attorney, stated there cannot be separate taxing for different areas, but a district-wide ad valorem tax must be collected. Tom Martins stated the floodwaters go to Sterling because of bafflers created by the highway and railroad track, and a bridge that would let the water go through would be a better alternative than this plan. Shane Miller, City of Sterling, responded that they have talked about widening the creek; however, they are going the wrong way with the water since there is a 28-foot drop between the highway and the river. Barbara Toedtle, Stoneham, questioned why Logan County is not considering including only Logan County properties and why the entire watershed has to be included in the district. Commissioner LaForce stated the City of Sterling only has three options at this time, and the problem with running water under the railroad and highway is that it cannot carry enough water for a 100-year flood. He said if the City exercises all three of its options, it is still not enough to get them out of trouble in the case of a large flood. Gene Nelson, who lives at the head of Pawnee Creek said this project will back water up into his yard and ruin everything his family has worked for over many years,and Logan County is expecting Weld County to solve their problem. He said it is not feasible to hold water here, and that it must be allowed to flow. John Toedtle questioned what would happen to existing water rights; pointed out anyone above the dams would not benefit from it being held back for 72 hours; and stated the dams would not be big enough to help in the case of a large flood. Virginia O'Hare stated there will not be an impact except for taxes. She said the City Council at Sterling tabled this item for two weeks because they agreed with Logan County's plan. She said widening the bridge and culverts is good. In Logan County farmers objected because they thought it would take away prime farmland. She pointed out that in today's paper; however, the story being reported is that the floodplain delay is jeopardizing FEMA funding. She said all these dams cannot regulate mother nature, it will take 25 years to implement, and she is in favor of Logan County using the Sterling plan and leaving Weld County alone. Joyce Werner, Sterling, stated an article in the Sterling Journal indicated opposition to Sterling's flood plan since the volume of water is hard to plan for and regulate once it gets to Sterling. She said there is too much to take it to the river, and other people are put in jeopardy. She said there is no simple solution like building a dike, etc., which is why Logan County thought the best place to solve the problem was at the point of origin. The proposed location of the dams and dikes are a result of a study done in 1986 by the Colorado Water Conservancy District, and another viable solution is not available. Charlie Craig,who lives six miles north of Stoneham, stated he moved here in 1940,and has seen many floods. He said both the South and North forks of Pawnee Creek drain fast because of the drop in elevation, and said the whole series of bridges on Highway 6 and the railroad tracks appears to be more feasible. He said the locations shows one at the Bowdine Ranch and one at his place; however, it would be better to let the water go instead of impounding and retaining it. Steve Curry, U. S. Forest Service,said he manages many acres of National Grassland in this area, 2001-2244 BC0031 HEARING CERTIFICATION - (PUBLIC INPUT REGARDING PAWNEE CREEK WATERSHED CONSERVANCY DISTRICT) PAGE 3 and it appears to be included in this project. He questioned how U.S. Forest Service land would be affected. Annette Smock, resident of Cozad, Nebraska,stated her family has owned land here for generations and questioned item 1(g)of the notice, regarding participation in the development of parks and recreational facilities within the boundaries of the District if the water will only be held for 72 hours, and further stated if big lakes are planned, it will affect a lot of people's land. Jim Sturrock asked why there are so many little dams instead of a larger one, and questioned the process for condemnation of the land behind those dams. Doris Williams,New Raymer,stated she is concerned about forming a District, even though it is recommended to have some representatives from each County. She discussed building dams that would not hold water, but release within 72 hours and what effect that would have on the water charge. Ms. Williams also said if a dam on the ranch did not meet Corps of Engineer standards,they had to let water go,and, even though it may not be much, but every acre foot let go is going to impact somebody else. Rudy Budin, resident of Sterling, said he owns a ranch in Weld County and one in Logan County; therefore he will be very much affected. He said he is in favor of dams to slow water down because of the obvious benefit to everyone, and a solution like this could work if everyone works together. He also stated this is a proposal, not final plan. Responding to Robert Rhone of Grover, Chair Geile said everyone in the District will be assessed. Mr. Rhone stated he has a lot of land in this District and whether this helps or hurts, he does not want to be taxed. He also questioned whether there will be a vote on the establishment of said District and asked how the vote can be taken without knowing the price. Guy Whitlock of Stoneham also asked for clarification of who is paying what. Chair Geile reiterated if there is any action to be taken by the Board, it will be done in a regular Board meeting. Commissioner LaForce said these plans are tentative, and no one will build a dam that will hurt anything or anyone. He said Logan County has contacted the U.S. Dept of Interior, they just do not know the location of the dams yet, the Army Corps of Engineers will determine the locations. Commissioner LaForce responded to questions, stating one big dam is impractical and politically impossible;these smaller dams will only hold water for 72 hours; recreation was included because of the way State statutes read for this type of District; an individual would lose none of the water rights currently held, neither will an individual gain additional water rights, however, he will gain the recharge from holding the water for 72 hours. Responding to questions from Chair Geile, Commissioner LaForce said they know the size of the proposed District. With the project costing $45 million dollars, 35 percent will be picked up by the taxpayers in the District and the Corps of Engineers will pay 65 percent, providing they can get funding for this project. Commissioner LaForce reiterated other funding sources, such as FEMA, Colorado Water Board, and the Drought Elimination Project, would all be investigated to keep the cost down as low as possible. He stated the amount of the assessments and other possible funding sources cannot be clarified until the $100,000 study is completed by the Corps of Engineers. He said no one has a good map, and a block by block map of the properties in the City of Sterling in the flood plain also needs to be completed. He said a percentage will be assessed after the study, based on drainage and property values with the majority of funding paid by Logan County. Responding to Chair Geile, Commissioner LaForce said Logan County cannot get the $100,000 for the study until the District is formed. Responding to Commissioner Jerke, Commissioner LaForce said under the Sterling Plan they would build a big canal around the south end of the cemetery to increase the flow under Highway 6 2001-2244 BC0031 HEARING CERTIFICATION - (PUBLIC INPUT REGARDING PAWNEE CREEK WATERSHED CONSERVANCY DISTRICT) PAGE 4 and build another one on Highway 6 going to the river, which would increase the flow in Pawnee Creek. They would also replace and widen the bridge,which is in CDOT's plan for the next three to four years, and also add tubes along the bridge and railroad to the river. Frank Tappy stated no homesteads have been inundated with water; however, Section 1(e)of the notice says the District can move houses. Mr. Barked indicated the District, once formed, would have condemnation rights in order to locate its structures, etc., and that power would rest with the Board of the District. Guy Whitlock questioned whether the recommendation from the study will be cast in stone, or if the Board will decide on the plan, and Commissioner LaForce said no mill levy will be assessed until the study is completed and the results approved by the District Board. Responding to other questions from Tom Mertens, Commissioner LaForce said the District must be formed before the study; however, no mill levy would be assessed until the taxpayers know how much it costs, and keeping costs down is the responsibility of the Board of Directors. Cyndy Giauque,Assistant Weld County Attorney,explained this District is initiated by a petition,and it can be brought to Court by a majority of property owners or by the Board of County Commissioners. The Court determines whether or not to accept the petition. If so, a notice would be sent to all affected property owners, who would then have an opportunity to object either by denial or by showing something in the petition is incorrect. If the court decides the district should be formed, it then appoints the Board of Directors, who would then have the power to set assessments, condemn property, and oversee the project. Responding to Commissioner Jerke, Ms. Giauque stated the statutes were passed many, many years before TABOR was effective. Mr. Barker said ad valorem taxes would have to e voted on before they could be imposed, then the expenditures and payment of expenditures would be approved by the Board. He said although not many of these districts have been formed since TABOR went into effect, he feels it would still be subject to TABOR. Commissioner LaForce disagreed and said Logan County's understanding is the District would not be subject to TABOR, although it would depend on the Judge. Les O'Hare stated govemmental plans always cost the people,and Mr. Miller indicated he took the tour in Sedgwick County and it is well worth looking at. Gene Nelson said the elevation in Sterling is 3,939 feet; however, at the head of Pawnee Creek it is 5,900 feet. He said Sedgwick County is a lot flatter than up here and said one dam not holding would cause a three-inch flood,which could not be spread anywhere except here in Weld County. Mr. Barker, responding to questions from Jim Stork, stated Logan County and Sterling can form a District by themselves; however, the condemnation rights are within the District itself, therefore, if Logan County formed the District only in Logan County, it would be confined there. Ms. Giauque responded to Commissioner Long that it would only take 200 people signing a petition within the district to form the District. Responding to Kelvin Hariess, Mr. Barker stated Weld County is being asked to participate because the issue is the location of District boundaries. By one method, the Board of County Commissioners can sign the petition to include that area of Weld County; however, if the Board does not sign it,Weld County would not be a party to the petitioning process even though the Weld County property owners would be part of the District and subject to the taxes, etc., without Board participation. Mr. Barker reiterated an objection can be filed with the Court. Commissioner LaForce explained the petitioners make a recommendation to the Court regarding District Board representation. Logan County thought Sterling should have representation because they will have the largest part of the taxes. Ms. Giauque stated if a property owner wants to object, they can file 2001-2244 BC0031 HEARING CERTIFICATION - (PUBLIC INPUT REGARDING PAWNEE CREEK WATERSHED CONSERVANCY DISTRICT) PAGE 5 an objection with the Court, but it is limited to the statements that are in the petition, not comments on another plan. She said the Court appoints the Directors, and Commissioner LaForce indicated Logan County is in the Thirteenth Judicial District. Responding to Jim Stork, Commissioner La Force indicated if the District is formed by 200 property owners, his choice would still be to have one Director who is a Weld County Commissioner. Ken Guenzi said Sand Creek in Sedgwick has seven or nine dams which cannot be seen unless they are pointed out. He said they were built with good regulations, they have been in place for about 30 years, and there has not been a flood since. He also said when building the dams, the rancher is paid for the land; after a few years it is all nice grassland; there is an overflow on the dams; most of the construction is beneath the ground; and the farmers and ranchers ground is more productive because of the water being held back. Responding to Charlie Craig and Mr. Guenzi, Commissioner LaForce said the$45 Million is in year 2000 dollars,so inflation is included. Chair Geile reiterated a decision will not be made tonight, and Commissioner Long reiterated the Board's thanks for all the input and stated the input from the public does count, and it is very important for this Board to hear the comments. This Certification was approved on the 23rd day of July 2001. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD CO CITY, COLORADO ATTEST: ge, M. J. eile, hC air Weld County Clerk to t B' 4Ani2 I / , ivr I EXCUSED ' / Glenn Vaad, Pro-Tem G Deputy Clerk to the _ Willi . Jerke TAPE #2001-34 o\cr David E. Long DOCKET#2001-46 EXCUSED Robert D. Masden 2001-2244 BC0031 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF JULY, 2001: DOCKET#2001-01-46-CONSIDER REQUESTTO SIGN PETITION FOR THE ESTABLISHMENT OF A CONSERVANCY DISTRICT TO BE KNOWN AS THE PAWNEE WATERSHED CONSERVANCY DISTRICT PLEASE legibly write or print your name and complete address NAME //�� \ ADDRESS (Please include City and Zip Code) s� )/Q:t inzirti .1- C-i•�q �- 0�:•? l (2c Y Y!� 1-(xi P. I sa 3 5-- 7,2`!v..r-�67,61!;?: :1*() ,) Don J',, �(,�_ /7e/161C / 7S/`/ Cr 24/ $7%�/-i /r ly,, 8012-s/ U f -5l Ci ce .; (-107411 Si_ A c. //d/c. /499/41;47, /V —C7—/ C`'. ga.r/ CyL 1cJ- n /tg_v' s 6- 2 2 ?ri /'` 3 7 h1 -4 ge•OCs C � 19�� 9�� 3 y1O_O;5 "�] ken Guuen ' Z/�o /`di h�iS/ /P/�iaglea "Pig Gu,c,z i f/G� Fee_ r horst- 5L: S�e_tii " , C,d/� 576n� Pig VLo O. V'✓ill �°l ((O 1(C�l fairciAlLe 677/a1 S, (P 366a,%0L, -6-h a (,bvir‘ey -',44x21:glaWilee!J4. 6tos 5lanA d ipeo .e#e S' o - , cPo7s s<3 afplo aY2.Q.--> 4.O siRa fv.C'. 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