HomeMy Public PortalAboutTBP 2013-20-02 FRASER BOARD OF TRUSTEES
MINUTES
DATE: Wednesday, September 18, 2013
MEETING: Board of Trustees Regular Meeting
PLACE: Fraser Town Hall Board Room
PRESENT
Board: Mayor Peggy Smith; Mayor Pro-Tem Steve Sumrall; Trustees; Eileen
Waldow, Vesta Shapiro, Cheri Sanders via phone and Adam Cwiklin
Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat
Havens; Police Sergeant, Roy Ybarra,
Others: See attached list
Mayor Smith called the meeting to order at 7:06 p.m.
1. Workshop: Board of Trustees Policies & Protocols
2. Regular Meeting: Roll Call
3. Approval of Agenda:
Trustee Waldow moved, and Trustee Shapiro seconded the motion to approve the
Agenda. Motion carried: 6-0.
4. Consent Agenda:
a) Minutes— September 4, 2013
Trustee Shapiro moved, and Trustee Sumrall seconded the motion to approve the
consent agenda. Motion carried: 6-0.
5. Open Forum:
6. Updates:
a) Board of County Commissioners — Gary Baumgartner updates the Board on the
Counties current projects.
b) Grand Resource and Recycling Coalition recycling update and request for funding.
Nancy Franz asked the Board for funding from the Town of Fraser or hosting a site.
7. Public Hearings:
8. Discussion and Possible Action Regarding:
Page 2 of 2
a) Resolution 2013-09-01 Authorizing the Execution of a Contract for the
Sequencing Batch Reactor at Wastewater Treatment Plant
Trustee Waldow moved, and Trustee Cwiklin seconded the motion to approve
Resolution 2013-09-01 Authorizing the Execution of a Contract for the Sequencing Batch
Reactor at Wastewater Treatment Plant. Motion carried: 6-0
b) Ordinance 414 Special Event Permits
TM Durbin updated the Board on the changes made to the Ordinance and rules.
Trustees discussed changes they would like to see in the Ordinance.
Staff will bring this back to the Board
c) Goranson Station Bus Shelter
The bus shelter design was included in the packet. A recommendation was made to hire
a contractor to construct the shelter. TM Durbin asked the Board if they would like to
expend the funds to construct the shelter.
Trustee Sumrall moved, and Trustee Shapiro seconded the motion authorizing the
expenditure of not more the $15,000.00 to construct the shelter at Goranson station as
long as this is considered artwork and does not establish a theme that needs to be
replicated. Motion carried: 6-0
d) Bag Fee and Sustainability Plan Update
TM Durbin updated the Board on his desire to establish a Sustainability plan for the
Town of Fraser. Staff will bring in ideas for the plan.
9. Community Reports:
10. Other Business:
Trustee Shapiro moved, and Trustee Cwiklin seconded the motion to adjourn. Motion
carried: 6-0. Meeting adjourned at 8:50 p.m.
Lu Berger, Town Clerk
ti
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C O E O R A D O
Board of Trustees
Policies & Protocols
Table of Contents
1. Authority and Purpose.......................................................................................................2
2. Amendment..............................................................................................................................2
3. Roles, Responsibilities & Time Commitment.....................................................2
4. Code of Ethics & Conduct...............................................................................................4
5 Conflicts of Interest............................................................................................................10
6 Common Practices & Expectations........................................................................15
7 Communication & Town Correspondence.........................................................16
8 Compensation, Travel & Special Events.............................................................17
9 Meetings of the Board .....................................................................................................1 s
10 Meeting Participants .........................................................................................................19
12 Meeting Procedures..........................................................................................................21
13 General Rules.......................................................................................................................23
14 Ordinances, Resolutions & Motions.......................................................................24
15 Creation of Commissions & Committees............................................................25
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1. Authority and Purpose
a. This document is intended to establish guidelines for standards of conduct relative to the
actions of the Town of Fraser Board of Trustees, all advisory Commissions, and all
officers and employees of the Town of Fraser, Colorado.
2. Amendment
a. These rules may be amended or new rules adopted, by a majority vote of all members of
the Board by Trustees.
3. Roles, Responsibilities & Time Commitment
Mayor
a. The Mayor shall preside over the meetings of the Board of Trustees and shall perform
such duties as may be required of him or her by statute or ordinance.
b. The Mayor shall be the presiding officer of the Board of Trustees, shall run the meeting
and shall vote.
C. The Mayor shall execute and authenticate by his or her signature such instruments as
the Board of Trustees or any statutes or ordinances shall require.
d. The Mayor shall be an ex officio member of all commissions and committees including
the Planning Commission. The Mayor shall be entitled to vote when attending a meeting
of any commission or committee; however, his or her presence is not required for
establishing a quorum.
e. Except as may be required by statute, the Mayor shall exercise only such powers as the
Board of Trustees shall specifically confer upon him or her.
f. Appoint advisory commission members and committee members pursuant to the Fraser
Town Code.
Mayor Pro Tem
a. Performs the duties of the Mayor if the Mayor is absent or disabled.
The Board of Trustees
a. The Board of Trustees shall inspire public confidence in Fraser's Town government.
b. All members of the Board of Trustees, including Mayor Pro-Tern, have equal votes. No
Trustee has more power than any other Trustee, and all should be treated with equal
respect.
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C. The corporate authority of the Town is vested in a Board of Trustees, consisting of one
(1) Mayor and six (6) Trustees, elected at large, who shall be qualified electors residing
within the limits of the Town.
d. The Board of Trustees shall possess all the legislative powers of the Town and all other
corporate powers not conferred by state law or this Code on some other officer of the
Town.
e. The Board of Trustees shall appoint a Town Manager. The appointment shall be at the
pleasure of the Board of Trustees and shall be at a compensation to be fixed from time
to time by the Board of Trustees. The appointment or removal of the Town Manager
shall require the affirmative vote of a majority of the entire Board of Trustees. The Town
Manager shall be appointed without regard to any consideration other than fitness,
competency, training, and experience in professional administration.
f. During the Town Manager's temporary leave of absence or disability or during any
period of vacancy prior to the Board of Trustee's appointment of a Town Manager, the
Board of Trustees shall appoint a Town employee to serve as acting Town Manager, or
shall contract with an interim Town Manager. The provisions of this Article applicable to
the Town Manager shall apply to the acting Town Manager during the period of
appointment.
g. The Board of Trustees shall appoint and may remove the Town Manager. The Board of
Trustees shall appoint and may remove, consistent with state statutes, the Town
attorney, Town Clerk, Town Treasurer, and Municipal Judge.
h. The Board of Trustees shall appoint advisory commission members and committee
members pursuant to the Fraser Town Code.
i. The Board of Trustees shall adopt an annual budget and make appropriations by
ordinance.
j. The Board of Trustees shall annually set a tax levy to be certified to the County
Commissioners.
k. The Board of Trustees shall authorize debt as provided by law.
I. The Board of Trustees shall determine its own rules of procedures as evidenced by this
document.
M. The Board of Trustees shall provide for enforcement of its ordinances
n. The Board of Trustees may enter into agreements, contracts and leases with
governmental and private entities according to policy established for such purpose.
o. The Board of Trustees shall provide for an annual financial audit of the municipal
government.
P. The Board of Trustees shall review these policies and protocols at least annually.
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All Individual Members of Board of Trustees
a. The Board of Trustees shall inspire public confidence in Fraser's Town government.
b. All members of the Board of Trustees, including Mayor Pro-Tern, have equal votes. No
Trustee has more power than any other Trustee, and all should be treated with equal
respect.
C. No member of the Board of Trustees shall be appointed Town Manager during the term
for which the member was elected or appointed or within one (1) year after the term.
d. Powers expressly withheld from the Board of Trustees: Although individual Board of
Trustee members, including the Mayor, shall be authorized to discuss all matters relating
to Town operations with employees, officers, contractors and consultants of the Town,
including the Town Manager, they shall not be authorized to give any direct orders to
Town employees or take any other action inconsistent with the policies or direction of the
Town Board.
e. All members of the Board of Trustees shall review all the materials provided prior to any
Board meeting and submit questions in advance of the meeting to the Town Manager.
f. All members of the Board of Trustees are expected to participate in an annual retreat to
review the Town's vision and formulate goals and objectives.
g. All members of the Board of Trustees should represent the Town at ceremonial and
community functions.
h. All members of the Board of Trustees should meet individually with the Town Manager
as desired.
Time Commitment
Board of Trustees members may expect to invest an estimated ten hours per week in their role
as an elected official in communicating with members of the community, meeting preparation
including extensive review of various reports, and meeting attendance.
Additional time would be typical for the Mayor, Mayor Pro Tem, and Board members serving as
Town representatives on local, regional or state commissions or committees.
4. Code of Ethics & Conduct
The proper operation of responsible government requires that actions of public officials be
impartial; that government decisions and policies be made in the proper channels of
government structure and in the best interest of the community; that public office not be used for
personal gain; and that the public have confidence in the integrity of its government. In
recognition of these goals, a Code of Ethics is adopted to establish guidelines for ethical
standards of conduct by setting forth those acts or actions that are incompatible with the best
interests of the Town, and by directing disclosure of private financial or other interests in matters
affecting the Town of Fraser.
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Definitions
a. Anything of Value - Such as money, property, favor, service, payment, advance,
forbearance, loan, guarantee of loan, or promise of future employment.
b. Confidential Information - All information, whether transmitted orally or in writing, which
is of such a nature that it, is not, at that time, a matter of public record or public
knowledge.
C. Person - Any business, individual, union, committee, club, other organization, or group of
individuals.
d. Public Official- For purposes of this section, public official shall include the Mayor,
members of the Board, and members of any board, commission, committee or staff.
e. Board- Board of Trustees.
f. Commission - all appointed positions except Board of Trustees or Mayor (Planning
Commission/Zoning Board of Appeals, Water and Wastewater Committee etc.).
Ethics
Public Officials shall:
a. Strive to protect and enhance the reputation of the Town of Fraser.
b. Treat all persons equally with courtesy and impartiality, and refrain from granting special
advantage to any person beyond what is available to all citizens.
C. Avoid real or potential conflicts between private and public duties, remembering that
the public interest must be the principal concern.
d. Keep undisclosed all confidential information acquired by reason of one's position
which may be used for personal or financial gain, or which may negatively affect the
Town's interests consistent with the public's right of access to public information.
e. Refrain from securing special privileges or exemptions for one's self or any other
persons that are not available to all citizens.
f. Avoid exceeding one's authority or asking for special consideration or asking other
persons to do so.
Disclosure
Public officials shall disclose the nature and extent of any financial or personal interest in a
Town contract or other matter.
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Conduct
This document is intended as a general guide to various legislative activities and compiles
policies relative to the actions of the Fraser Town Board.
Fraser's governance relies on the cooperative efforts of elected officials, Town staff and many
other members of the Town and the broader community. There are a variety of complex issues
involved in running a Town organization, pressures of huge workloads, and decisions made that
impact the lives of community members. As a result, issues can often become contentious.
Despite these pressures, elected officials are called upon to exhibit appropriate conduct at all
times and demonstrate respect for every individual through their words and actions. This Code
of Conduct describes the manner in which Board members should treat one another, town staff,
constituents, and others they come into contact with in representing the Town of Fraser.
a. Board/Commission conduct with one another in public meetings:
i. The Use of formal titles. The Board may choose to refer to one another formally
during the beginning of Board meetings as Mayor, Mayor Pro Tern, or Trustee followed
by the individual's last name to acquaint the audience with the meeting participants.
Then, addressing one another informally is encouraged to create for the audience a
more welcoming tone.
ii. Practice civility, professionalism and decorum in discussions and debate. Difficult
questions, tough challenges to a particular point of view, and criticism of ideas and
information are legitimate elements of a free society in action. Be respectful of diverse
opinions, and clearly communicate your positions and opinions.
iii. Honor the role of the Mayor in maintaining order and equity. Respect the Mayor's
efforts to focus discussion on the agenda item under consideration. Objections to the
presiding officer's actions should be voiced politely and with reason.
iv. Demonstrate effective problem-solving approaches. Board/Commission
members have a public stage to show how individuals with disparate points of view can
find common ground and seek a compromise that benefits the community as a whole.
Board/Commission members are role models for residents, business people and other
stakeholders involved in public debate.
V. Be respectful of other people's time. It is important to be punctual and that the
meetings start on time. Stay focused and act efficiently during public meetings.
b. Board/Commission conduct with one another in private encounters:
i. Continue respectful behavior in private. The same level of respect and
consideration of differing points of view that is deemed appropriate for public discussions
should be maintained in private conversations.
ii. Be aware that even private conversations can have a public presence. Elected
officials are always on display; their actions, mannerisms, and language are monitored
by people around them that they may not know. Lunch table conversations will be
eavesdropped upon, parking lot debates will be watched, and casual comments between
individuals before and after public meetings noted.
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C. Board/Commission conduct with other public agencies.
i. Be clear about representation when attending other agency meetings or events.
1) If a Board/Commission member appears before another governmental
agency or organization to give a statement on an issue, the Board/Commission
member must clearly state whether the Board/Commission member's statement
reflects personal opinion or is the official stance of the Town, and if appropriate,
whether it is the majority or minority opinion of the Board/Commission.
2) If the Board/Commission member is representing the Town, the
Board/Commission member must support and advocate the official Town position
on an issue, not a personal viewpoint.
3) If the Board/Commission member is representing another Organization
and if that organization is considering taking a position on an issue that is
different from the position of the Town Board, that Board/Commission member
should abstain from voting as a member of that organization.
ii. Correspondence also should be equally clear about representation.
1) Town letterhead may be used when the Board member is representing
the Town and the Town's official position, and the Town Manager's Office will
prepare, transmit, and retain the correspondence as part of the public record.
2) Town letterhead should not be used for correspondence of Board
members representing a personal point of view, or a dissenting point of view from
an official Board position.
d. Board/Commission Conduct with Town Staff.
Governance of a Town relies on the cooperative efforts of elected officials, who set
policy, and Town staff, who implements and administers the Board of Trustees policies.
Therefore, every effort should be made to be cooperative and show mutual respect for
the contributions made by each individual for the good of the community.
i. Treat all staff as professionals. Clear, honest communication that respects the
abilities, experience, and dignity of each individual is expected. As with
Board/Commission Colleagues, practice civility and decorum in all interactions with
Town staff.
ii. Channel communications through the appropriate senior Town staff. Questions
and requests for information should be directed only to the Town Manager. When in
doubt about what staff contact is appropriate, Board/Commission members should ask
the Town Manager for direction.
iii. Respect the Town Manager's work program. Board/Commission members are
encouraged to continually share ideas, suggestions, and feedback. The time and
resources needed to develop and implement these ideas and suggestions, however, can
sometimes compete with the time and financial resources needed to fulfill Board's
established goals and priorities.
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iv. Refrain from soliciting political support from staff. Do not solicit any type of
political support (financial contributions, display of posters or lawn signs, name on
support list, etc.) from town staff at work. Staff certainly may, as any other citizen,
support political candidates away from the workplace.
V. Never publicly criticize an individual employee. Criticism is differentiated from
questioning facts or the opinion of staff. All critical comments about staff performance
should only be made to the Town Manager through private correspondence or
conversation
vi. Do not get involved in administrative functions. Avoid any staff interactions that
may be construed as trying to shape staff recommendations. Board members shall
refrain from coercing staff in making recommendations to the Board as a whole.
vii. Do not attend staff meetings unless requested by staff. Even if the Board
member does not say anything, the Board member's presence may imply support, show
partiality, intimidate staff, or hamper staffs ability to do its job objectively.
viii. All Board members should have the same information with which to make
decisions. The Board may expect that staff will make every attempt to provide each
member of the Board with the same information (i.e. requests made of staff for
information will be distributed to all; correspondence to one Board member will be
distributed to all).
ix. Should Board members have concerns with the Town Manager they may consult
the Town Attorney for guidance.
e. Trustee Conduct with Commissions.
The Board of Trustees has established several Commissions as a means of gathering
more community input. Citizens who serve on Commissions become more involved in
government and serve as advisors to the Board of Trustees. They are a valuable
resource to the Town's leadership and should be treated with appreciation and respect.
i. Attending commission meetings. Trustees may certainly attend any Commission
meeting, which are open to any member of the public, subject to iii below. Remember,
however, that a Board of Trustee's presence can affect the conduct of the meeting and
limit the Commission's role and function.
1) Any comments made at a meeting of a commission for which the Trustee
is not an appointed liaison should be identified as the Trustee's personal views or
opinions and not the official position of the Board.
2) Since the attendance of 3 or more Trustees constitute a legal Board
meeting, Trustees should advise staff of their planned attendance so appropriate
and timely public notification can be prepared and posted.
ii. Concerns about individual commission members should be pursued with tact.
Inappropriate behavior by a commission member should be reported to the Town
Manager or designee, and the Manager or designee should investigate the matter. If the
behavior continues, the Manager should forward the matter to the Board for
consideration of removal from the commission, pursuant to Section 5 of this Policy.
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iii. Be respectful of diverse opinions. A primary role of the Town's Commissions is
to represent many points of view in the community and to provide the Board of Trustees
with advice based on a full spectrum of concerns and perspectives. Trustees must be
fair and respectful of all residents serving on Commissions.
iv. Keep political support away from public forums. Trustees may offer political
support to another Trustee but only in a forum outside the official duties of the board.
Conversely, Trustees may support Trustees who are running for office but not in an
official forum in their capacity as a Trustee.
f. Board/Commission conduct with the public.
Making the public feel welcome is an important part of the democratic process. No signs
of partiality, prejudice or disrespect should be evident on the part of individual Trustee or
Commission member toward an individual participating in a public forum. Every effort
should be made to be fair and impartial in listening to public testimony.
i. In public meetings:
1) Be welcoming and respectful to speakers. Addressing the Board at public
forums can be a daunting experience even for the most seasoned speaker.
Some issues for which the Board will make a decision may affect people's daily
lives and their homes. Some decisions are emotional. The way in which a
speaker is treated can do a lot to help them relax and convey a message, and
not elevate emotions to a higher level of intensity.
2) Be fair and equitable in allocating public hearing time. The Mayor will
determine and announce limits on speakers at the start of the meeting or public
hearing. Generally, each speaker will be allocated five minutes; applicants and
appellants or their designated representatives will be allocated more time. If
many speakers are anticipated, the Mayor may shorten the time limit and/or ask
speakers to limit information to new information and points of view not already
covered by previous speakers. No speaker should be turned away unless the
speaker exhibits inappropriate behavior. Each speaker may only speak once
during a hearing unless the Board requests additional information or clarification
later in the process. After the close of the public hearing, no more public
testimony will be accepted unless the Mayor reopens the public hearing for a
limited and specific purpose.
3) Listen actively. Being attentive and making eye contact will make
speakers feel they are being heard. Be aware of facial expressions that could be
interpreted as "smirking," disbelief, anger or boredom.
4) Ask for clarification; avoid debate and arguments. Questions from the
Board to speakers should seek to clarify or expand information. Avoid
challenging or criticizing speakers. If a speaker is off the topic or exhibits
behavior or language that is disturbing, the Mayor should interrupt, focus the
speaker, and maintain the order and decorum of the meeting.
ii. In unofficial settings:
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1) Make no promises on behalf of the Board. Trustees will frequently be
asked to explain a Board action or to give their opinion about an issue as they
meet and talk with constituents in the community. It is appropriate to give a brief
overview of Town policy and to refer to Town staff for further information. It is
inappropriate to overtly or implicitly promise the Board action, or to promise Town
staff do something specific (fix a pothole, plant new flowers in the median, etc.)
2) Make no personal comments about other Trustees. It is acceptable to
publicly disagree about an issue, but it is unacceptable to make derogatory
comments about other Trustees, their opinions and actions.
3) Remember that Fraser is a small town at heart. Trustees are constantly
being observed by the community every day that they serve in office. Their
behaviors and comments serve as models for proper deportment in the Town of
Fraser. Honesty and respect for the dignity of each individual should be reflected
in every word and action taken by Trustees, 24 hours a day, seven days a week.
It is a serious and continuous responsibility.
5 Conflicts of Interest
Definitions
a. Business means any corporation, limited liability company, partnership, sole
proprietorship, trust or foundation, or other individual or organization carrying on a
business, whether or not operated for profit.
b. Compensation means any money, thing of value or economic benefit conferred on or
received by any person in return for services rendered or to be rendered by himself,
herself, or another.
C. Employee means any temporary or permanent employee of a state agency or any local
government, except a member of the general assembly and an employee under contract
to the State.
d. Financial interest means a substantial interest held by an individual which is:
i. An ownership interest in a business;
ii. A creditor interest in an insolvent business;
iii. An employment or a prospective employment for which negotiations have begun;
iv. An ownership in real or personal property;
V. A loan or any other debtor interest; or
vi. A directorship or officership in a business.
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e. Local government means the government of any county, city and county, city, town,
special district or school district.
f. Official act or official action means any vote, decision, recommendation, approval,
disapproval or other action, including inaction, which involves the use of discretionary
authority.
g. Public officer means any elected officer, the head of a principal department of the
executive branch and any other state officer. Public officer does not include a member of
the general assembly, a member of the judiciary, any local government official or any
member of a board, commission, council or committee who receives no compensation
other than a per diem allowance or necessary and reasonable expenses.
h. State Agency means the state; the general assembly "ad its committees; every
executive department, board, commission, committee, bureau and office; every state
institution of higher education, whether established by the state constitution or by law,
and every governing board thereof; and every independent commission and other
political subdivision of the state government except the courts.
Public trust; breach of fiduciary duty
a. The holding of public office or employment is a public trust, created by the confidence
which the electorate reposes in the integrity of public officers, members of the general
assembly, local government, officials, and employees. A public officer, member of the
general assembly, local government official or employee shall carry out his or her duties
for the benefit of the people of the state.
b. A public officer, member of the general assembly, local government official or employee
whose conduct departs from his or her fiduciary duty is liable to the people of the state
as a trustee or property and shall suffer such other liabilities as a private fiduciary would
suffer for abuse of his or her trust. The district attorney of the district where the trust is
violated may bring appropriate judicial proceedings on behalf of the people. Any
moneys collected in such actions shall be paid to the general fund of the state or local
government. Judicial proceedings pursuant to this Section shall be in addition to any
criminal action which may be brought against such public officer, member of the general
assembly, local government official or employee.
Rules of conduct for all public officers, members of the general assembly,
local government officials and employees.
a. Proof beyond a reasonable doubt of commission of any act enumerated in this Section is
proof that the actor has breached his or her fiduciary duty and the public trust. A public
officer, a member of the general assembly, a local government official, or an employee
shall not:
i. Disclose or use confidential information acquired in the course of his or her
official duties in order to further substantially his or her personal financial interests; or
ii. Accept a gift of substantial value or substantial economic benefit tantamount to a
gift of substantial value:
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Which would tend improperly to influence a reasonable person in his or her position to depart
from the faithful and impartial discharge of his or her public duties; or
1) Which he or she knows or which a reasonable person in his or her
position should know under the circumstances is primarily for the purpose of
rewarding him or her for official action he or she has taken. An economic benefit
tantamount to a gift of substantial value includes without limitation a loan at a rate
of interest substantially lower than the commercial rate then currently prevalent
for similar loans and compensation received for private services rendered at a
rate substantially exceeding the fair market value of such services.
2) The following shall not be considered gifts of substantial value or gifts of
substantial economic benefit tantamount to gifts of substantial value for purposes
of this Section:
(a) Campaign contributions reported as required by Section 1-
45-108, C.R.S.;
(b) An occasional nonpecuniary gift, of a value of$50.00 or less;
(c) A nonpecuniary award publicly presented by a nonprofit
organization in recognition of public service;
(d) Payment of or reimbursement for actual and necessary
expenditures for travel and subsistence for attendance at a
convention or other meeting at which such public officer, member
of the general assembly, local government official or employee is
scheduled to participate;
(e) Reimbursement for or acceptance of an opportunity to
participate in a social function or meeting which is offered to such
public officer, member of the general assembly, local government
official or employee which is not extraordinary when viewed in
light of the position held by such public officer, member of the
general assembly, local government official or employee;
(f) Items of perishable value or of a value of$50.00 or less, including,
but not limited to, meals, lodging, travel expenses or tickets to
sporting, recreational, educational or cultural events.
(g) Payment for speeches, debates or other public events,
reported as honorariums;
(h) Payment of salary from employment, including other
government employment, in addition to that earned from being a
member of the general assembly.
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Ethical principles for public officers, local government officials and
employees.
a. The principles in this Section are intended as guides to conduct and do not constitute
violations as such of the public trust of office or employment in state or local
government.
b. A public officer, a local government official or an employee should not acquire or hold an
interest in any business or undertaking which he or she has reason to believe may be
directly and substantially affected to its economic benefit by official action to be taken by
an agency over which he or she has substantive authority.
C. A public officer, a local government official or an employee should not, within six (6)
months following the termination of his or her office or employment, obtain employment
in which he or she will take direct advantage, unavailable to others, of matters with which
he or she was directly involved during his or her term of employment. These matters
include rules, other than rules of general application, which he or she actively helped to
formulate, and applications, claims or contested cases in the consideration of which he
or she was an active participant.
d. A public officer, a local government official or an employee should not perform an official
act directly and substantially affecting a business or other undertaking to its economic
detriment when he or she has a substantial financial interest in a competing firm or
undertaking.
Rules of conduct for local government officials and employees.
a. Proof beyond a reasonable doubt of commission of any act enumerated in this Section is
proof that the actor has breached his or her fiduciary duty and the public trust.
b. A local government official or local government employee shall not;
i. Engage in a substantial financial transaction for his or her private business
purposes with a person whom he or she inspects or supervises in the course of his or
her official duties; or
ii. Perform an official act directly and substantially affecting to its economic benefit a
business or other undertaking in which he or she either has a substantial financial
interest or is engaged as counsel, consultant, representative or agent.
C. A member of the governing body of a local government:
i. Who has a personal or private interest in any matter proposed or pending before
the governing body shall disclose such interest to the governing body shall not vote
thereon and shall refrain from attempting to influence the decisions of the other
members of the governing body in voting on the matter.
ii. May vote notwithstanding subparagraph (c)(1) if his or her participation is
necessary to obtain a quorum or otherwise enable the body to act and if he or she
complies with the voluntary disclosure procedures under Section 24-18- 110, C.R.S.
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iii. It shall not be a breach of fiduciary duty and the public trust for a local
government official or local government employee to:
1) Use local government facilities or equipment to communicate or
correspond with a member's constituents, family members, or business
associates, or
2) Accept or receive a benefit as an indirect consequence of transacting
local government business.
Quasi-Judicial
Quasi-judicial actions involve the discretionary determination of rights, duties or obligations of
specific individuals or groups based upon pre-existing facts and existing or pre-existing law or
policy.
When acting in a quasi-judicial capacity, a Board member must not have communications
with persons whose rights will be affected by upcoming Board decisions and can only consider
testimony and/or information presented during hearings on the matter.
Quasi-judicial proceedings must provide procedural due process, as guaranteed by the
Colorado and United States Constitutions. The decision maker (the Board of Trustees) must
be neutral and impartial.
Examples of quasi-judicial actions are: zoning, approval or denial of subdivisions and plats,
tax assessments, termination or disciplinary proceedings, conditional use permit applications
and license applications.
Voluntary disclosure
A member of a board, commission, council, or committee who receives no compensation other
than a per diem allowance or necessary and reasonable expenses, a public officer, a local
government official or an employee may, prior to acting in a manner which may impinge on his
or her fiduciary duty and the public trust, disclose the nature of his or her private interest.
Interests in contracts
Local government officials or employees shall not be interested in any contract made by them in
their official capacity or by a body, agency or board of which they are members or employees. A
former employee may not, within six (6) months following the termination of his or her
employment, contract or be employed by an employer who contracts with a state agency or any
local government involving matters with which he or she was directly involved during his or her
employment. For purposes of this Section, the term:
a. Be interested in does not include holding a minority interest in a corporation.
b. Contract does not include:
i. Contracts awarded to the lowest responsible bidder based on competitive bidding
procedures;
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ii. Merchandise sold to the highest bidder at public auctions;
iii. Investments or deposits in financial institutions which are in the business of
loaning or receiving moneys;
iv. A contract with an interested party if, because of geographic restrictions, a local
government could not otherwise reasonably afford itself of the subject of the contract. It
shall be presumed that a local government could not otherwise reasonably afford itself of
the subject of a contract if the interested party or if the contract is for services that must
be performed within a limited time period and no other contractor can provide those
services within that time period.
V. A contract with respect to which any public officer, local government official or
employee has disclosed a personal interest and has not voted thereon or with respect to
which any member of the governing body of a local government has voted thereon in
accordance with Section 24-18-109(3)(b) or 31-4-403(3), C.R.S. Any such disclosure
shall be made: to the governing body, for local government officials and employees, and
to the secretary of state, for all others.
vi. Local government officials acting in their official capacity shall not enter into any
transactions to their personal benefit.
Questions and/or Interpretations
Board of Trustees members are encouraged to contact the Town Manager or Town Attorney to
discuss any specific matters of concern or interpretation of the provisions within this document.
In general, Board members should consider Town Staff as a resource.
6 Common Practices & Expectations
Purpose
The purpose of this chapter is to enhance the administration of Board of Trustees business
activities by documenting accepted practices and clarifying expectations. Although it cannot
integrate all practices and expectations that may exist, a summary of some of the most
prominent ones are being listed.
Election Methods
With the goal of encouraging the greatest possible voter participation in Town elections, the
methods of election preferred are (1) conducting the election independently by mail whenever
possible, and if not possible, (2) coordinating the Town election with Grand County.
15
Board Orientation
An orientation for newly elected Trustees will be provided and participation is expected. An
orientation for Mayoral and Trustee candidates also will be provided.
Annual Report to the Community
A report to the community, regarding accomplishments and plans of the community's local
government, is to be furnished during the first quarter of the year.
Performance Evaluations
a. The Board shall annually conduct an evaluation of the Town Manager.
b. Board self-assessment: The Board is encouraged to conduct a self-assessment
annually.
7 Communication & Town Correspondence
Communication & Correspondence
The Town of Fraser invites and encourages members of the community to participate in local
government affairs and help shape local decisions. One way to participate is direct
communication with Trustees through telephone calls, postal and electronic mail, and
addressing elected and appointed officials at public meetings.
An established practice will help ensure that the Trustee/constituent communications receive
timely acknowledgement and response from staff, appropriate distribution, and proper
disclosure and retention according to the State's open records law and the Town's records
retention requirements. An additional benefit of the protocol is to make certain the Town
Manager is aware of the issues of interest to the community and any emerging trends or
problem areas.
a. Protocol. Depend on staff to respond to citizen requests for action and other
communications whether the Board receives the information by telephone call, by letter,
electronic mail, or through conversation in an informal setting or in a public meeting.
Trustees may either:
i. Provide the Town Manager's contact information to the individual, or
ii. Take a name, contact information and nature of the communication and forward
the information to the Town Manager's Office for response.
b. Staff Response. The Town Manager will forward the communication to the appropriate
department, the department is expected to respond to the request and report back to the
Manager's Office as well as notify the requestor that the investigation has been
completed and if action has already been or will be taken to remedy the concern. The
Manager's Office will notify the Trustees of the results so as to inform the Trustees of the
response status.
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i The Town Manager may utilize communication tracking systems to assist in
managing this function.
ii. Generally, staffs response will be in the same format as the communication
received unless otherwise requested or deemed appropriate (i.e. a request for action
received via e-mail likely would receive an e-mail response).
iii. Anonymous correspondence or other communication will not be addressed
unless staff determines the issue is compelling enough to be processed (i.e. a major
health or safety matter).
C. Correspondence received via postal mail at Town offices. The Town Clerk's Office will
be responsible for managing the correspondence received through the mail for the
Board of Trustees. Unless a different process is provided or required by law, staff will
open the correspondence (unless it is marked personal or confidential), confer with
Board, and provide a response. Responses will be signed by the Trustee to whom the
correspondence was addressed, and the Mayor will sign those addressed to the Board
as a whole.
d. Citizen Input at Board Meetings. A sign-up sheet will be available at meetings to record
contact information. Most often, a speaker's questions can be answered at the meeting.
If more information is needed in order to provide a response, the Town Manager's Office
will contact the speaker as soon as possible after the meeting. If a speaker's
expectations are unclear, the Mayor or Manager should ask the speaker to clarify the
speaker's desired outcome for request made.
8 Compensation, Travel & Special Events
Compensation
a. The Board shall receive compensation as provided by ordinance.
b. The Board shall review its compensation at least once in every four (4) years.
Travel — Purpose
Recognizing that it is in the interest of constituents for Trustees to attend various meetings, for
the purpose of learning about current issues affecting local government and to gain information
that will be useful in making policy decisions, the Board of Trustees establishes the following
guidelines for Trustee educational and town government relevant travel.
Travel - Guidelines
a. Expenses will be reimbursed in accordance with the schedule established for town
employees.
b. Each Board of Trustees member shall be reimbursed for attendance of Board authorized
meetings and events, upon tendering appropriate receipts.
C. As the budget allows, attendance at meetings related to town business shall be
reimbursed.
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Special Events
It is often desirable to have Town representation, or to show Town support for community
functions/events. The charge to attend these events may vary and reimbursement will be made
to Trustees based on the following guidelines:
a. The Town government is directly involved as a sponsor or participant.
b. The event is sponsored by another public agency and having town representative(s) is
important.
C. The event is sponsored by a community organization which the Town is a member or
which the Town provides financial support and Town representation is important.
9 Meetings of the Board
Defined
A meeting is defined as any kind of gathering, including telephone calls, of three (3) or more
members of the Board of Trustees, held to discuss public business.
Meeting Types
a. Board Meetings. Meetings of the Board of Trustees are sessions held to consider public
business and take formal action.
i. The Board shall meet in regular session on the first and third Wednesdays of
each month in Board Chambers, beginning at 7:00 p.m. By motion, the Board may, from
time to time, alter the foregoing schedule or establish other special meetings. (JFOC,
Retreat, etc.)
ii. The Board may meet in special session, scheduled no sooner than twenty- four
(24) hours from the time it is called, to consider items of business that require the
immediate or special attention of the Board of Trustees. The special session shall be
called by either motion at a regular meeting, or by the Mayor and any three (3) members
of the Board of Trustees, as evidenced by signatures on a notice and call of special
meeting, and a notice to all members of the Board of Trustees, personally served or left
at his or her usual place of residence, by telephone or by electronic transmission by the
Town Clerk.
iii. Work sessions. Work sessions of the Board of Trustees are sessions held to
consider public business and take no formal action.
b. The regular work sessions of the Board of Trustees shall be held on the first and third
Wednesday of each month in the Board Chamber at the Town Hall, beginning at 6:00
p.m. By motion, the Board of Trustees may from time to time alter the foregoing
schedule. Special work sessions may be scheduled in the same manner as provided for
special Board meetings.
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C. Executive Sessions. The Board may, upon the affirmative vote of two-thirds (2/3) of the
quorum present, hold an executive session for the purpose of discussing matters
allowed by law. Executive sessions are limited to the following situations: discussion of
the purchase or sale of real or personal property; receiving legal advise from the
attorney; confidential matters under State or Federal Law; security arrangements or
investigations; negotiations; personnel matters; and discretionary documents protected
under the open records act. No vote can be taken nor decision made in an executive
session.
Meetings to be Public
All official meetings of the Board of Trustees, except Executive Sessions, shall be open to the
public and the media, freely subject to recording by radio, television, and photographic devices
at any time, provided that such arrangements do not interfere with the orderly conduct of the
meetings. Members of the public shall have a reasonable opportunity to be heard under such
rules and regulations as the Board may prescribe.
10 Meeting Participants
Presiding Officer
a. Mayor. The Mayor shall preside over meetings of the Board of Trustees and have the
same right to speak therein as any other member.
Duties of the presiding officer include:
i. Open the meeting at the appointed time, and call the meeting to order.
ii. Announce the business coming before the Board in accordance with the
prescribed order of business, or direct the Town Clerk to introduce items of business by
reading the title of each agenda item.
iii. Recognize Trustees who are entitled to the floor and ensure that ample
opportunity is extended to express the opinions of constituents.
iv. State and put to a vote all questions that legitimately come before the Board, and
announce the results of each vote. Although not prohibited, the presiding officer
generally does not propose a motion.
V. Enforce the Board's rules relating to debate, order, and decorum at meetings.
vi. Expedite business in every way compatible with the rights of Trustees.
vii. Decide all questions of order.
viii. Declare the meeting adjourned.
b. Mayor Pro Tern. The Board of Trustees within its membership shall elect, at its first
meeting following its election, a Mayor Pro Tern who shall become acting Mayor with the
same duties as provided for the Mayor in the case of absence or disability.
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C. Temporary Chair. In case of the absence or disability of the Mayor and Mayor Pro Tern,
the Town Clerk shall call the Board to order and call the roll of members. If a quorum is
found to be present, the Board shall proceed to elect, by a majority vote of those
present, a Temporary Chair to serve as presiding officer of the meeting until the arrival
of the Mayor or Mayor Pro Tern at which time the Temporary Chair shall relinquish the
chair upon conclusion of the business immediately before the Board of Trustees.
Board of Trustees
All Trustees have the right and obligation to full participation in all meetings.
Trustees are expected to attend all regularly scheduled Board Meetings and Work Sessions. In
case of emergency, e.g. illness, Trustees should notify the Town Manager, Town Clerk or Mayor
in advance of the meeting if at all possible. Trustees detained but expecting to attend should,
whenever possible, notify the Mayor or Town Clerk which can be done by calling the Town
Manager or the Town Clerk, as appropriate.
Trustees who wish to be excused from a regular meeting should make this request as early as
possible but no later than the regular meeting preceding the anticipated absence. This will assist
in scheduling important items to obtain the participation and vote of all Board members.
Town Board may make arrangements with the Town Manager or Town Clerk to attend meetings
via phone by contacting the Town Manager or Town Clerk in advance.
For personal security reasons, out-of-town trips will not be announced publicly in advance of
return from travel.
Executive Staff
a. Town Manager. The Town Manager or the Town Manager's designee shall attend all
meetings of the Board of Trustees unless excused, and shall have the right to take part
in all discussions of the Board of Trustees, but shall have no vote.
b. Town Attorney. As the Board's legal representative, the Town Attorney or the Town
Attorney's assistant may attend meetings of the Board and shall have the right to take
part in all discussions of the Board, but shall have no vote. Upon request, the Town
Attorney shall provide either a written or oral opinion on questions of law.
Town Clerk
The Town Clerk, or the Town Clerk's designee, shall attend all meetings of the Board unless
excused, and shall keep the official journal of proceedings and perform such other duties as
may be requested by the Board of Trustees.
Other Municipal Officials and Employees
The head of any department, or any officer or employee of the Town, as directed by the Town
Manager, shall attend meetings of the Board of Trustees.
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11 Agenda and Notice of Meetings
Agenda Procedures
Town Manager shall prepare a proposed agenda for all Board meetings. If Board members
would like a matter placed on the agenda they should contact the Town Manager. On the Friday
prior to each meeting of the Board, the Town Manager shall distribute to each Board member:
a. A copy of the agenda of the meeting, stating therein each matter to be discussed
or debated by the Board by title, description and/or synopsis.
b. A copy, in its latest form or edition, of each ordinance, resolution, or other written
or printed document to be presented at the meeting, including background
information, analysis and recommendation to Board of Trustees when applicable.
C. A copy of the minutes of the previous meeting.
Notice of Meetings
a. Method of Notification. The agenda of meetings, as meetings are defined in Section 9-
1, shall be posted at least twenty-four (24) hours prior to the meeting. Any other notice
allowable by law shall be permissible. In addition, a reasonable effort will be made to
notify the media normally covering the Board of Trustees meeting when the decision is
made to call the meeting.
b. Posting Locations. Notice of a Board meeting shall be posted on the Town Hall bulletin
board located in the front hall. The posting location shall be designated annually at the
first regular Board of Trustees meeting of each calendar year. Notices may also be
posted at other appropriate locations.
12 Meeting Procedures
Quorum
A majority of the members of the entire Board/Commission shall constitute a quorum and
be necessary for the transaction of business. If a quorum is not present, those in attendance
will be named and they shall adjourn to a later time. The only action the Board may take in
the absence of a quorum is the motion to adjourn.
Preservation of Order
The presiding officer shall preserve order and decorum; prevent attacks on personalities or
the impugning of members' motives, and confine members in debate to the questions under
discussion.
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Debate
a. Each member of the Board/Commission has a right to speak on every debatable motion
before it is acted on.
b. When recognized by the presiding officer, a Board/Commission member shall confine
remarks to the matter or question then under discussion.
C. A Board/Commission member shall speak only once on the question until all other
members of the Board/Commission who wish to speak have had the opportunity to do
so.
Voting
a. Required. The "yes" and "no" shall be taken upon the passage of all ordinances,
resolutions, and motions and entered upon the journal of the Board/Commission
proceedings.
b. Voting Methods. A vote by roll call is used for all actions taken by the
Board/Commission. Where not required, a roll call vote may be requested by any
member of the Board/Commission. It shall not be in order for members to explain their
vote during roll call.
Conflicts of Interest
a. When a Trustee/Commissioner believes that he has a personal or private interest,
potential conflict, or appearance of conflict, in a matter proposed or pending before the
Board/Commission, the member shall request to speak when the agenda item with
which the member has a conflict is called, and either;
i. Disclose that there may be a personal or private interest, potential
conflict, or appearance of conflict, in the matter and will not participate in the
discussion or decision; and step down from the Board/Commission platform and
leave the Chambers during the Board/Commission's discussion and action; or
ii. Request legal advice from the Town Attorney.
b. If a Trustee/Commissioner believes that another Trustee has a personal or private
interest, the Trustee/Commissioner should discuss the potential conflict with the Town
Attorney prior to the meeting.
Order of Business
a. Call to Order. The presiding officer opens the meeting by calling it to order, and may
announce, "This (date) (regular or special) meeting of the Fraser Town Board of
Trustees will come to order."
b. Roll Call. After the opening ceremonies, the roll is called to verify member attendance
and enter the names of those attending in the minutes to substantiate that the board
has complied with quorum requirements for holding a meeting. The presiding officer
directs the Town Clerk to call the roll, and may then announce the presence of a
quorum.
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C. Approval of Agenda. The Mayor will review the agenda, calling attention to any
additions, deletions or corrections that may be necessary. Unless a majority objects, the
order of business may be amended or suspended at any meeting.
d. Consent Agenda. The Consent Agenda is intended to allow the Board of Trustees to
expedite those items that are of a routine nature and not controversial. The Consent
Agenda is provided as a convenience and time savings to the citizens attending the
Board meeting. Prior to approval of the Consent Agenda, the presiding officer will allow
any Trustee to remove item(s) from the Consent Agenda.
e. Adjournment. Upon no further business, the Presiding Officer may simply declare the
meeting adjourned.
13 General Rules
Board Chambers
a. Supervision. The Board Chambers shall be under the supervision and control of the
Town Clerk when the Board is not in session, and may take whatever actions necessary
to protect the public health, welfare, and peace, and allow for the orderly conducting of
the meeting.
b. The Board Chambers shall be used solely for the transaction of public business of the
Town; or as authorized within the intent of Board policy on the use of the Board
Chambers.
C. Sergeant-at-arms. Upon request of the presiding officer, the Chief of Police, or qualified
representative, shall take actions necessary to maintain the peace in the Board
Chambers.
d. Seating Arrangement. Trustees shall occupy the respective seats in the Board
Chambers. Mayor shall be at the head of the table, Town Manager to their left, Mayor
Pro-Tem to their right. Trustees will be allowed to sit at will.
Excusal During Meeting
Board/Commission members may be excused from the remaining meeting with permission
from the presiding officer.
Recess
The presiding officer may call a recess not to exceed twenty (20) minutes at any time during
a meeting to determine a rule of order, or at the request of a majority of the Board/Commission.
The presiding officer may call a recess at any time between items of business.
Journal of Proceedings
An account of all proceedings of the Board/Commission meetings shall be kept by the Town
Clerk and shall be entered in a book constituting the official record of the Board.
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a. The minutes for Board/Commission meetings should be primarily a record of the action
taken at a meeting, not what was said by members of the board/Commission. The
minutes shall contain a separate paragraph for each subject matter and, at a minimum,
reflect each subject or item considered and the language of and disposition of each
motion, resolution, ordinance, or matter on which action is taken. With respect to
annexation and zoning hearings, considerably more detail may be needed.
b. The record for executive sessions shall be as provided by State statute.
C. Although not required for other sessions at which the Board is present, a report may be
prepared that lists the topics of conversation.
d. The minutes may be corrected or amended after they have been approved, if an error or
material omission is reasonably established. In this case, a motion "to amend something
previously adopted" may be used.
14 Ordinances, Resolutions & Motions
The hierarchy of actions taken by the Board includes:
Ordinances, Resolutions, and Motions.
Ordinances
An Ordinance is the most authoritative form of action the Board can take. An adopted
ordinance becomes an established rule or law of the Town and remains in effect until
otherwise rescinded or amended by the Board.
Adoption or ordinances require the following affirmative votes:
a. Appropriations 4 votes (a majority of the Town Board)
b. Approving a contract 4 votes (a majority of the Town Board)
C. Emergency ordinances 6 votes (3/4 of the Town Board)
d. All other ordinances a majority of the quorum
e. Tie Vote. In the case of a tie in votes on any item or motion, the motion fails.
Resolutions
Resolutions are acts of a relatively permanent nature and remain in effect until rescinded or
amended by the Board.
Generally, resolutions implement or carry out the terms of an ordinance, provide a statement of
policy, or express the Board's opinion on a public matter.
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Resolutions shall be introduced in written form and may be adopted by a majority of a quorum of
the Board upon a single reading. Resolutions need not be published, but shall be kept on public
file.
Motions
a. Defined. A motion refers to a formal proposal by a Trustee member that the Board may
take action upon. Motions are generally introduced by voice. However, if long or
involved, motions should be in writing and, in any event, any two members of The Board
may ask that a motion be put in writing.
b. Adoption of motions requires the following affirmative votes:
i. To go into executive session 2/3 of the quorum
ii. All other motions a majority of the quorum
15 Creation of Commissions & Committees
Boards and Commissions
a. Purpose. Volunteer citizen advisory groups may be established with a variety of roles
and responsibilities, and provide formal and continuous citizen involvement in Town
government. Some groups are established to satisfy state or local law.
The Board of Trustees anticipates and welcomes recommendations from advisory
commissions. In balancing the needs of the community, the Board may not always
adopt a commission recommendation. It is expected that commission members honor
the decision made by the Board and not circumvent the Board's decisions.
b. Administrative Support. Administrative support will be provided to the various Boards
and Commissions by the appropriate Town department.
C. Recruitment and Qualifications.
i. General recruitment efforts shall be made to encourage diversity among the
membership of the Town's various commissions and committees.
ii. Generally, volunteers will be limited in serving on one commission at a time.
iii. Absence excuses may be given by the chairpersons of each commission.
Excessive absences of commission members may also be considered during
reappointment application, and may be cause for dismissal at the Board's discretion.
d. Application and Appointment.
i. Unless otherwise stated, positions on Commissions and Committees shall be
appointed by the Mayor and/or Board from applicants who have completed the
appropriate application form and interview process.
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e. Orientation. Staff will provide the citizen volunteer an orientation and working knowledge
of overall Town functions and responsibilities with a specific focus on the body to which
the volunteer has been appointed.
f. Board & Commission Roundtable. Dialogue between the commission and the Board of
Trustees concerning goals and key issues is desired at least annually. In lieu of an
annual roundtable, the Board may utilize other methods of communications with boards
and commissions.
g. Leadership Training. Members of boards who function as officers are expected to
partake in training sessions which are geared toward the development of leadership
skills, which may be funded from the Board of Trustees' budget, if needed.
h. Recognition/Appreciation. It is the policy of the Town Board to recognize the
contributions and efforts of its volunteers, appointed officials, staff, residents and
businesses. These are the foundation of effective local government.
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West Slope Principles for the Colorado Water Plan
1. Solutions in the Colorado Water Plan (CWP) to supply water for growth and
development in one part of the state should not over-ride land use plans and
regulations adopted by local governments in the part of the state from which water
will be taken. 1'2'3'4'5'6''
1.1 No new water supply projects or major changes in operation of existing projects
should be planned unless agreed to by the county, conservancy district, and
conservation district in the area from which water would be diverted. 1'3'5'6''
1.2 The CWP must take into account pending projects, water supply plans,
comprehensive land use plans, local regulatory authority, water quality plans
(208 Plans), watershed plans, multi-party water agreements and related
documents adopted by local governments in the area from which water would
be taken. 1,2,3,4,5,6,7
1.3 Both the legislative basis and the legal impact of local government regulatory
tools adopted to mitigate impacts of water projects should be recognized and
protected. 3'6'7
1.4 The CWP should never elevate the agricultural interests in one part of the state
over the agricultural interests in another part of the state to meet the demands
of Front Range development. Agriculture is an important segment of the state's
economy as a whole. Agriculture provides food independence, open space,
wildlife habitat, cultural value, and economic activity wherever it is located.
1.5 Any new supply projects taking water from one area of the state to another
should include funding for "compensatory projects" to serve the area from
which the water is taken.7
2. The CWP should protect and not threaten the economic, environmental, and social
well-being of the west slope. 1'2'3'5'6
2.1 The cornerstones of the west slope's economy are tourism, recreation,
agriculture, and resource development, all of which are highly dependent upon
water to be successful. The CWP should not facilitate additional diversions that
could threaten the region's environmental, social and economic well-being. 1'2'3'6
2.2 To educate the public about existing conditions on the west slope, the CWP
should identify the location and amounts of water that are already diverted
every year from the west slope to the east slope, and discuss the historic and
current consequences of those diversions. 1,2,3,6,9
1
2.3 The state should not facilitate, politically, financially, or legally, any new water
supply projects from the Colorado, Yampa/White or Gunnison River Basins to the
Front Range without the consent of the county, conservancy district, and
conservation district in the basin of origin, and unless impacts are avoided and
mitigation is provided. 1'2'3'6'
2.4 New supply projects that involve storage on the west slope must make a
significant amount of water available to west slope water uses. New supply
projects that involve storage of west slope water in an east slope storage project
must provide compensatory storage to protect existing and future west slope
water uses, as well as the environmental and non-consumptive needs of the
basin of origin.'
2.5 The CWP must protect investments in public water and wastewater facilities by
ensuring that costs to upgrade and operate these facilities do not increase
because of Front Range water projects.5
2.6 The CWP must afford recreational in-channel diversions and CWCB instream
flows the same status as other water rights that are protected under Colorado
law. 3'6 Other west slope non-consumptive water needs must be factored into
the CWP.
2.7 Water quality protection efforts of the west slope must be respected and
enhanced by the CWP. 4'5'6
2.8 The historic use of west slope agricultural water rights provides a river flow
regime that is relied upon by all west slope users and must be maintained.8
3. The CWP should identify a process and requirements for each basin to exhaust
available water supply within its own basin before planning diversions from another
area of the state. 1'2'3''
3.1 Transmountain diversion water should be re-used to extinction to the extent
allowed by law, before any proposed new supply development focuses on
further west slope water supply. 1'2'3'6''
3.2 Re-allocation of existing supplies in areas that need more water should be
evaluated (e.g. rotational fallowing, changing to new uses, deficit irrigation).1'3'6''
3.3 Front range infrastructure and water should be shared to meet future demands
(e.g. WISE). Laws and regulations that improve such sharing should be
considered.
3.4 New Front Range in-basin projects should be pursued to fully utilize in-basin
supplies (e.g. Chatfield Reallocation, SIDS, Arkansas Conduit, indirect and direct
2
re-use, gravel pit storage projects), including maintaining and enhancing existing
storage facilities. The CWP should encourage and facilitate dredging to keep
capacity, and streamline efforts to enlarge storage by dredging when practical.3,6
3.5 The CWP should promote mechanisms to reduce demand through agricultural or
municipal efficiency/conservation, land use and smart growth policies that
further water conservation, and controls on water usage. 3'6'' Under no
circumstances should agriculture be penalized for switching to more efficient
water use methods.
3.6 The CWP should reject proposals for water to supply new development when
and where there are insufficient water resources available to support them
under all hydrologic conditions without creating risks for other water users. 1'3'6''
Any new supply projects that rely on diversions from the west slope should be
developed within the existing water rights system and not afforded special
status.
3.7 Front Range areas with present and future projected water shortages should
pursue collectively financing projects that provide water resources to their areas.
4. The CWP should outline mechanisms to mitigate the risk of potential Compact
curtailment of the Colorado River. For example, the CWP should adopt low-risk legal
and hydrologic assumptions related to Colorado's obligations under the Colorado
River Compact and the Upper Colorado River Basin Compact in order to minimize the
risk of curtailment on existing uses of Colorado River basin water.'
4.1 There is disagreement on how much, if any, additional consumptive use water is
available from the Colorado River. Because of justifiable reliance and financial
investment, existing uses and users should be protected and not put at risk by
new development.
4.2 The facilities and methodologies for protecting existing users from a compact
curtailment, as well as for mitigation, must be in place prior to any new project
or methodology that would take additional water out of the Colorado River
Basin.
4.3 The CWP must disclose that fully developing the state's Colorado River compact
entitlement will increase the chance of a compact curtailment that would impact
existing users.
4.4 New projects in the Colorado River Basin should be supported and approved, if
at all, only on conditions that will allow diversion and storage at times and in
amounts that will not increase the risk of compact curtailment of other post-
Compact water rights.
3
5. The State should not assume a role as a proponent of a water project until the State
regulatory process has been completed and the project has been agreed to by the
impacted counties, conservancy districts and conservation districts in the area from
which water would be diverted.
The above principles are taken from many sources of earlier water principles around the state. The numbers in the above
principles indicate in which documents a similar principle may be found,including:
1 Colorado 58 Water Principles. In approximately 1999,58 Colorado Counties,signed onto these Water Principles,which were
passed as a House Resolution as well.
Z Colorado River Water Conservation District Policy Statement:Existing Transmountain Diversions,Adopted July 15,2008,
readopted July 2011. http://www.crwcd.org/media/uploads/20110719-policies TMD Existing Proiects.pdf
3 Colorado River Water Conservation District Policy Statement:Transmountain Diversions,adopted March 16,2000,revised
and readopted July 2011. http://www.crwcd.org/media/uploads/20110719-policies TMDs.pdf
4 Colorado River Water Conservation District Policy Statement:Water Quality,adopted July 2010.
http://www.crwcd.org/media/uploads/20100720 policy water quality.pdf
5 NWCCOG Water Quality/Quantity Committee Policies,readopted November 2012.
6 2012 NWCCOG Regional Water Quality Management Plan(208 Plan).
http://nwccog.org/docs/wss/rwgmp 2012/Vol%201 Policv%20PIan%202012%20208%20PIan.pdf
7Colorado Basin Roundtable Vision Statement(Nov.2010).
8 Orchard Mesa Check Case,91CW247,Water Division No.5.
9 i.e.Senate Document No.80,Windy Gap Project,Windy Gap Firming Project,Colorado River Cooperative Agreement
4
I WATER QUALITY / QUANTITY COMMITTEE (QQ)
o C1 0 OV N r P.O. Box 2308 • Silverthorne, Colorado 80498
970-468-0295 • Fax 970-468-1208 • email: gqwater @nwccog.org
The attached West Slope Principles for the Colorado Water Plan ("Principles") is a set of broad values and
principles designed as a guide to the Governor and the Colorado Water Conservation Board (CWCB) during
preparation of the Colorado Water Plan (CWP). The Principles reiterate and augment water policy
statements adopted by key west slope organizations over the years and respond to statements and
position papers currently being circulated by Front Range interests.
While the Northwest Colorado Council of Governments Water Quality/Quantity Committee (QQ) authored
the original draft of the Principles, the Principles have been refined based upon input from local elected
officials, basin roundtable members, and other water leaders beyond the QQ region so that they reflect a
broader west slope vision for the CWP. The goal is that these Principles inform the CWP process by
expressing commonly-held west slope interests as soon as possible, rather than waiting for the basin
roundtable implementation plans to articulate their own site-specific values.
QQ is circulating the Principles to west slope entities for adoption or endorsement. We will prepare a list
of all of the entities supporting the Principles for transmittal to the CWCB and the IBCC. We hope that
your organization will consider endorsing the Principles.
Please let Torie Jarvis (gqwater @nwccog.org) or Mary Keyes (mary @sullivangreenseavy.com) know when
your organization endorses the Principles so that we can add your name to the growing list.
Also included is a sample resolution to assist in endorsing the Principles, but feel free to endorse them in
any way you wish.
We hope that the Principles will be useful to you as you advocate your organization's interests during the
CWP process.
Grand Enterprise Initiative
c/o Kapoks
855 Timber Lane
Boulder,CO 80304
Mayor Peggy Smith and Board of Trustees
Town of Fraser
P.O.Box 370
Fraser,CO 80442
Dear Mayor Smith and Board Members:
Thank you considering support for the Grand Enterprise Initiative in 2014.Your support will help us
provide free and confidential business coaching and networking support to community members wanting to
start or expand businesses in Fraser and Grand County.The Grand Enterprise Initiative will continue to
support the development of stronger communities in Grand County in 2014 by nurturing entrepreneurs one
business at a time.
The Grand Enterprise Initiative expanded countywide in March 2013.In Fraser we are currently
working with seven entrepreneurs.We have helped retain jobs in the Fraser area by working in minor
business tune-ups and working with clients on issues relating to business sustainability and business
concepts.Our free and confidential business coach,Patrick Brower,has had a total of 37 client visits with
Fraser-based entrepreneurs.Please see the attached Grand Enterprise Initiative Program Statistics for
further detail on our activity in Fraser and the rest of the county.
We would like the town of Fraser to consider collaboratively funding the Grand Enterprise Initiative in
2014 for the amount of$5,000.The Grand Enterprise Initiative's other 2013 funders include the Town of
Granby,Grand County,the Grand Foundation and the Freeport-McMoran Copper and Gold Foundation.
We are also pursuing funding from each of the towns in Grand County.The Grand Enterprise Initiative is
cost-effective,utilizing only one full time paid contractor and a large,active volunteer base.Please review
the attached Grand Enterprise Initiative 2014 Budget for further detail.
The Grand Enterprise Initiative is a division of Kapoks,a Colorado based 501 (c)(3)with a mission to
inspire and empower communities to reach their full potential through economic development and
promotion of the entrepreneurial spirit.
Thank you again for considering this request.We intend to schedule time at one of your upcoming
board or committee meetings to discuss our program and our request.
Sincerely,
Jynnifer Pierro
Chair,Management Team
Grand Enterprise Initiative
DEPARTMENT OF PLANNING AND ZONING
308 Byers Ave • P.O. Box 239 • Hot Sulphur Springs • Colorado • 80451
970-725-3347 Ext 140 or Fax 970-725-3303
MEMORANDUM
TO: Grand County Planning Commission
FROM: Staff
RE: Zoning Amendments
DATE: September 11, 2013
Proposed Zoning Amendments:
1. Telecommunications
A. Radio Transmitting Stations and CRS (Cellular Regeneration Services) Facilities are only
allowed by Special Use in the F—Forestry/Open Zone District by Section 11.8(2) and
Public Utility Facilities are allowed by Special Use in all Zone Districts by Section
11.2(6).
• Problem: Telecommunication equipment and facilities are no longer just
towers and lease areas. They now include rooftop designs and are more
heavily integrated with the power, landline, and fiber optic utilities than ever
before. Therefore, limiting facilities to just the F—Forestry Zone District
limits the provider's abilities to utilize all their options for improved and
expanded coverage and abilities.
• Currently: Telecommunications are now considered by most to be a basic
utility and towers have recently been allowed in the R—Residential Zone
District under Special Use Permit, even though they are technically only
allowed in F - Forestry.
• Consider: Making "Telecommunications Equipment" its own section (with
its own specific requirements but in line with being a utility), or merely
integrating it in with the Public Utilities Facilities section (having its specific
requirements spelled out).
• Also Consider: Allow telecommunications in all zone districts as a use by
Special Permit by either specifically spelling it out or by redefining
telecommunications as a public utility.
B. As a subsection to Section 11.8(2),which is "Special Uses that include Airports,
Cemeteries, Radio Transmitting Stations, Sanitary Landfill Operations, and Junk Yards",
there are"Supplemental requirements for Cellular Telephone,personal communication
services (PCS) and all telecommunication related facilities located within Grand
County".
• Problem: The existing requirements are a subsection under this broad
grouping of uses and the items in this subsection are somewhat out of date
with current standards and terminology. For Example: Previously an
applicant was required to register with the E911 Board, but it no longer exists
and the same requirement is now governed by the Grand County Emergency
Telephone Service Authority. There are certain telecommunication
requirements that are governed by Federal statute, which progressively
changes. Additionally, there are standard requirements which are not spelled
out in the regulations, such as, for example, the current procedure for
collocation, lighting requirements, or the requirement for a $25,000 security to
ensure site rehabilitation.
• Currently: Staff and the County Attorney have recently reviewed all of the
standard SUP requirements and have updated the language on each of them to
reflect the most current situation.
• Consider: Rewriting the section to be more in line with these updated
procedures,requirements, and conditions.
2
DEPARTMENT OF PLANNING AND ZONING
308 Byers Ave • P.O. Box 239 • Hot Sulphur Springs • Colorado • 80451
970-725-3347 Ext 140 or Fax 970-725-3303
MEMORANDUM
TO: Grand County Planning Commission
FROM: Staff
RE: Proposed Zoning Amendments
DATE: September, 11, 2013
1. Camping
A. Zoning Regulations prohibit camping on individual property unless it is zoned"Mobile".
Camping is allowed within camp grounds, which require an approved special use permit,
as well as a state approved central water and sewer system.
B. Historic zoning violations and non-compliance exist in subdivisions without an active
HOA to enforce covenants. Examples are: pre-1972 subdivisions specifically around
Three Lakes Area, Big Horn Park and Old Park. People buy lots in places like Big Horn
Park so they can camp and recreate on the weekends and have private access to public
lands, particularly to hunt.
C. The other side is that these subdivisions have increased in density, and there are more
year round homeowners that do not want camping allowed within the subdivisions.
D. Violations also exist on many larger parcels,where such things happens as hunters
camping for a week or two during their hunting season, or fisherman spend some summer
weekends in their camper on their lot to fish in the rivers.
Consider...
Consider allowing self contained camping on a limited basis. On properties 35 acres or
more, camping could be allowed for up to 90 or 120 days per year. On properties smaller
than 35 acres, continue to prohibit camping, although it must be kept in mind that Zoning
enforcement is by complaint only.
2. Warehouses in Forestry and Open Zone Districts
A. Warehouses and light manufacturing are not currently allowed in any zone district except
Business. Business zoning also allows for"construction businesses,heavy equipment
storage areas and earth moving business" as a"use by right". The only other zone district
that permits such high impact uses such as construction businesses, is the Forestry and
Open District, although an approved Special Use Permit (SUP) is required.
B. An example of the problem created in these instances is that once a business is able to
operate their construction business and heavy equipment storage on a parcel of land with
an approved SUP, they often construct a large warehouse type building to keep their
equipment in, and also allows for a place to perform maintenance. Then, if this property
is sold, that building is only able to be used in a similar manner or for personal use.
They are not allowed to use that facility as any type of a warehouse or a light
manufacturing facility.
C. It seems that light manufacturing or warehousing is no more of an impact than what is
already permitted by SUP in the F/O Zone district.
Consider...
Allow warehousing and indoor light manufacturing on F/O zoned property with a SUP.
3. Individual mobile homes on agricultural properties
A. This is an allowed use within the Zoning Regulations with an approved SUP. A $250.00
deposit is required to be kept in escrow, and the property owner is required to provide
written confirmation on a yearly basis that the Permittee is "clearly in compliance with
the permit requirements", then staff shall renew the permit for a period of one (1) year.
B. To ensure compliance, the Planning Department mails out a questionnaire each spring to
the four(4) current SUP holders. They respond to the questions,mail the form back to
the County and a Resolution is taken before the Board of County Commissioners
renewing their use for one (1) year. This Resolution is then mailed to the Permittee, who
must sign and return the permit for recording.
Consider...
Allow a five (5) year renewal on this use. The mobile homes are all placed on large
agricultural ranches, and completing the form every five (5) years will yield the same
results. Further, all SUP's provide for immediate termination if there is a violation. The
purpose of retaining a five (5) year renewal period is to ensure that the mobile home is
not abandoned or forgotten on the property.
4. Storage of equipment on lots without improvements
A. There are many vacant properties throughout the county that occasionally store boats,
watercraft, snowmobiles or snowmachines, along with other recreational equipment.
B. This is currently not permitted within the County zoning regulations.
C. Excessive storage could result is a"blight" situation.
Consider...
Allow up to two(2) trailers, campers, boats or other recreational type equipment per
vacant lot. An example would be that a trailer with two(2)ATV"S and a boat may be
stored there in the summer,while a trailer with four(4) snowmobiles and maybe a
camper would be stored in the winter months.
5. Three Lakes Design Review Area Regulations
A. These have been discussed at length with a citizens committee. The proposed revisions
(attached)have been on the County Planning website for approximately 2 months with no
public comment.
2
A
OFFICE OF THE GOVERNOR
1.36 State Capitol Building �
Denver,Colorado 80203
Phone(303) 856-2471
Fax(3 03) 866-2003
D 2013-005 John W.Hickenlooper
Governor
EXECUTIVE UTIVE ORDER
DIRECTING THE COLORADO WATER CONSERVATION BOARD
TO COMMENCE WORK ON THE COLORADO WATERS PLAN
Pursuant to the authority vested in the Governor of the State of Colorado, and in
particular,pursuant to powers vested in the Governor pursuant to article IV, section 2 of the
Colorado Constitution, 1, John W. Hickenlooper, Governor of the State of Colorado,hereby
direct the Colorado Water Conservation Board to commence work on the Colorado Water Plan.
Re Back bound
Colorado has long been on the leading edge of water innovation and solutions. We are
the home of the"Colorado Doctrine" of prior appropriation and the birthplace of the interstate
water compact, of which we have nine. We are a headwater state---vital rivers and streams begin
here,provide water to Colorado uses, and exit to water 18 downstream states as well as the
United Mexican States. Colorado has benefited much from its water and has taken seriously its
responsibilities as a headwater state. The creation of a Colorado Water Plan is in keeping with
Colorado's water heritage and continued responsibility.
The Colorado Water Conservation Board(CWCB) was created in 1937 "jflor the purpose
of aiding in the protection and development of the waters of the state, for the benefit of the
present and future inhabitants of the state." C.R.S. § 37-60-102. More than 75 years later, we
reaffirm this purpose and seek to tap Colorado collaboration and innovation in addressing our
water challenges. The Board's recently-adopted strategic framework is consistent with this
mission.
We also recognize the important role the Office of the State Engineer has played
throughout Colorado's water history. This office administers water rights, issues water well
permits,represents Colorado in certain interstate water compact proceedings,monitors
streamflow and water use, approves construction and repair of dams and performs darn safety
inspections, assures the safe and proper construction of water wells, and maintains numerous
databases of state water information.
The Interbasin Compact Committee and Basin Roundtable processes, established by
House Bill 05-1177,have produced more than eight years worth of important discussion and
information about the basins from Coloradans in each basin.
r ,
Page 2 of 4
In addition,many state agencies, lead by DNR,play important roles in Colorado water
including:
0 The Colorado Department of Public Health and Environment that includes the
Colorado Water Quality Control Division and the Commission,the administrative
agency responsible for developing specific state water quality policies,in a manner
that implements the broader policies set forth by the Legislature in the Colorado
Water Quality Control Act. The Commission adopts water duality classifications and
standards for surface and ground waters of the state, as well as various regulations
aimed at achieving compliance with those classifications and standards.
® The Colorado Water Resources and Power Development Authority that provides low-
cost financing to governmental agencies in Colorado primarily for water and
wastewater infrastructure development.
0 The Colorado Department of Agriculture that works to strengthen and advance
Colorado's largest consumptive use of water, its agriculture industry.
The Colorado Energy Office that maintains information helpful in understanding
Colorado's water-energy news as well as state agency water use.
Throughout our state's history, other water plans have been created by federal agencies or
for the purpose of obtaining federal dollars. We embark on Colorado's first water plan written
by Coloradans, for Coloradans. Nevertheless, our past and current data and studies will aid in
developing a plan for the future.
H. Purpose and Need
The Colorado Water Plan is necessary to address the following:
A. The gap between our water supply and water demand is real and looming. The Statewide
Water Supply Initiative forecasts that this gap could exceed 500,000 acre feet by 2050.
Moreover, our largest regional gap is set to occur in the South Platte Basin, our most
populous as well as our largest agriculture-producing basin.
B. Colorado's drought conditions threaten to Msten the impact of the water supply gap.
Indeed, the past two decades have been Colorado's warmest on record, dating back to the
1890s.
C. Coloradans find that the current rate of purchase and transfer of water rights from
irrigated agriculture(also known as "buy-and-dry") is unacceptable. We have witnessed
the economic and environmental impacts on rural communities when water is sold and
removed from an agricultural area. For example,projected reduction in irrigated acreage
in the South Platte Basin alone is currently estimated at 20% of agricultural land under
production.
Page 3 of 4
D. The Tnterbasin Compact Committee and Basin Roundtables have worked for the past
eight years to engage in a visioning process and to discuss long-standing intrabasin and
interbasin challenges by defining scenarios,portfolios, and strategies. These efforts have
produced informed discussions,provided a forum for building consensus, and generated
momentum that the Colorado Water Plan should utilize.
E. Colorado's water quantity and quality questions can no longer be thought of separately.
Each impacts the other and our state water policy should address them conjunctively.
F. Our interstate water concerns are as pressing as ever and require Colorado to be vigilant
in protecting its interstate water rights pursuant to its nine interstate compacts and two
equitable apportionment decrees.
G. CWCB is well-positioned to conduct this work given its duties and history, statewide
representation, and expertise.
M. Declaration and Directives
A. Colorado's water policy must reflect its water values. The Basin Roundtables have
discussed and developed statewide and basin-specific water values and the Colorado
Water Plan must incorporate the following:
0 a productive economy that supports vibrant and sustainable cities, viable and
productive agriculture, and a robust skiing,recreation, and tourism industty;
a efficient and effective water infrastructure promoting smart land use; and
e a strong environment that includes healthy watersheds,rivers and streams, and
wildlife.
B. The CWCB is directed to commence the work necessary to submit a draft Colorado
Water Plan for review by the Governor's Office no later than December 10, 2014. The
CWCB will work with the Governor's Office to complete the final plan no later than
December 10, 2015,
C. The CWCB is directed to align state water projects, studies, funding, and other efforts as
part of the Colorado Water Plan to the greatest extent possible. As part of this alignment,
the CWCB is directed to develop an inventory of water rights held by state agencies and
evaluate the opportunities for those rights. The CWCB is also directed to ensure that
financial assistance for water funding activities is in accordance with the Colorado Water
Plan.
D. The CWCB is directed to align the state's role in water project pemAtting and:review
processes with the water values included in the Colorado Water Plan and to streamline
the state role in the approval and regulatory processes regarding water projects. The
May 14, 2013
Page 4 of 4
Colorado Water Plan should place an emphasis on expediting permitting processes for
projects that stress conservation, innovation, collaboration, and other criteria as
determined by the CWCB. Efficient infrastructure promoting smart land use, healthy
watersheds that support Colorado's rivers and streams, and smart water conservation
practices that utilize demand-management are examples of criteria to be considered.
E. In drafting the Colorado Water Plan, the CWCB is directed to utilize the In.terbasin
Compact Committee and the Basin Roundtables. The CWCB is also directed to review
and build upon discussions and points of consensus that have emerged as part of the
Interbasin Compact Committee and Basin Roundtable processes so as to capitalize on the
momentum generated by these grassroots efforts.
F. When drafting the Colorado Water Plan, the CWCB is directed to work with its sister
agencies within the Colorado Department of Natural Resources as well as the Colorado
Department of Public Health and Environment,the Colorado Water Resources and Power
Development Authority, the Colorado Department of Agriculture, the Colorado Energy
Office, and other relevant state agencies as needed. Each of these agencies is directed to
cooperate with the CWCB as needed on the Colorado Water Plan.
G. The CWCB is directed to assemble ad-hoc panels of Coloradans and inter-agency water
working groups to develop recommendations regarding specific topics as it deems
necessary.
H. The Colorado Water Plan will reaffirm the Colorado Constitution's recognition of
priority of appropriation while offering recommendations to the Governor for legislation
that will improve coordination., streamline processes, and align state efforts.
11V. Duration
This Executive Order shall remain in fill force and effect until modified or rescinded by
future Executive Order of the Governor.
GIVEN under my hand and the
h s R1 Executive Seal of the State of
s
Colorado this fourteenth day of
May, 2013.
J 1 Y(y
Jo W. Hickenlooper
A,.
Go ernor
Addendum to Agenda Item 21:Colorado Water Plan DRAFT Framework
Through the work of the CWCB,the IBCC,and the Basin Roundtables,we know more about
Colorado's current and future water needs than ever and we have had a truly comprehensive
discussion about our water future.The IBCC concluded that unless we take action,we face a
status quo scenario that is not a desirable future for Colorado.This is a turning point in
Colorado water history. Leaders from every basin representing all water users and the
environment made clear that either Colorado changes the way we do business or we face
unacceptable consequences.
Solutions must be found if we are to protect our environment, preserve our agricultural
heritage,and enjoy a healthy and re *sustainable economy;and because of the work of
water leaders from across the state,we have reached a point where a Colorado Water Plan can
be developed.
The plan will reflect Colorado's water values:support a productive economy that supports
vibrant and sustainable cities,viable and productive agriculture,and a robust skiing, recreation
and tourism industry;efficient and effective water infrastructure that promotes smart land use;
and a strong environment that includes healthy watersheds, rivers and streams,and wildlife.
Specifically,the Colorado Water Plan will:
• Align state funding and the state's role in water supply and management with the values
included in the plan;
• Streamline the state role in the state approval and regulatory process regarding water
supply and management while ensuring that the process remains protective of
environmental and public health considerations.
• Provide a path to state support of those water supply and management proposals that
stress conservation, innovation,collaboration,consent from areas where water will be
developed,and other criteria such as promoting smart land use, healthy watersheds for
Colorado's rivers and streams,and smart water conservation and reuse practices that
utilize demand-management;
• Be constructed from the bottom-up, incorporating the work of the grassroots IBCC,
Basin Roundtables,and local governments;
• Protect Colorado's ability to use its water from interstate demands;
• Establish a foundation for common-sense changes to the way we manage and transfer
our water;
Respond to the looming gap between supply and future demanda-P,4 t--- Formatted:Bullets and Numbering
•
Addpess ',.epAiRg gap between sHpply and slLQmand while minimizing adverse t- Formatted:space After: 2.9 pt
impacts to the economic,environmental,and social well-being of the state by protecting
watersheds and minimizing the buy-and-dry of irrigated agriculture_
In order to achieve these goals,the content of the Colorado Water Plan will be informed by the
BRTs,the IBCC,the ad hoc panels,- inter-agency and intergovernmental discussions.CWCB staff
has generated the following drat CWP framework to initiate Board discussion and is subject to
substantial revision.
Draft Framework Colorado Water Plan
Executive Summary
1.Introduction
1.1.Summary of Colorado water resources and summary of plan(multiple sources)
1.2. Description of State,Local,and Federal entities that are involved in water administration,study,
planning and project permitting(state, local,and federal agencies)
1.3.Description of Colorado Water Law&Administration(DWR,AG)
1.4 Inventory of existing local government regulations and plans that bear on water resource
development
2.Basins(BRTs)
2.1.Overview of each Basin
3.Water Demand(BRTs,SWSI,ad-hoc panel)
3.1.Consumptive and non-consumptive wWater demand by sector and by geographic location.
4.Water Supply(BRTs,SWSI, Drought Task Force)
4.1. Description of historical and projected supply by geographic location.
5.Water Management(multiple sources)
5.1 Watershed health/management.
5.1.1 Inventory existing watershed management efforts and align water plan with those efforts.
5.1.2 Environmental and Recreation Protects
5.2 Conservation and Reuse
5.2.1 M&I Conservation(include to recognize demand hardening)
5.2.2 Ag conservation(recognize headwaters state and return flows issue)
5.2.3 Self-Supplied Industrial(e.g.conservation of mining and energy water use)
5.2.4 State agency conservation(e.g.Parks and Wildlife,Corrections,State Land Board,etc.)
5 ?45.2.5 Smart/waterwise land use planning.(identify best practices) .--- Formatted:Bullets and Numbering
5.3 Alternative Ag-to-Urban Transfers
5.4 Alternative Headwaters to Front Range transfers
5.4 Infrastructure
5.4.1 Water Supply Projects and Methods,including protection for areas from which water is
diverted,
5.4.2.Existing Water Supply O&M
5.4.3 Non-consumptive Protects and Methods
5.5 Vni..te.F,;heFJ Management,r.,.,:.,.. „i..nd o,.,..,ation_n.,jets
5.6 Water Quality—(expand4t&-e-_QQgroup and/or ad hoc group to bring NGO perspectives_Local
government expertise,and 208 Water Quality Management Planning to bear on the issue)
6.Funding/financing(Power&Water Authority)
6.1.Analysis of the cost to fully implement the CWP.
7.Legislative Recommendations(multiple sources—BRTs,IBCC,ad hoc groups)
7.1.Legislative recommendations to assist in being able to fully implement the CWP.
8.Process for Plan Update(multiple sources)
8.1.Describing the process for periodic updates to the CWP
STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street,Room 721 o,
Denver,Colorado 80203 1
Phone:(303)866-3441 " *'
Fax:(303)866-4474 *r
1 97
www.cwcb.state.co.us
TO: Colorado Water Conservation Board Members John W.Hickenlooper
Governor
FROM: Rebecca Mitchell, Water Supply Planning Section Mike King
DNR Executive Director
DATE: July 3, 2013 James Eklund
CWCB Director
SUBJECT: Agenda Item 21,July 16-17, 2013 Board Meeting
Colorado Water Plan
Staff Recommendation: This is an informational item only. No Board action is required.
Background:
In May, 2013 the Colorado Water Conservation Board(CWCB) was charged,through Executive
Order D 2013-005,with leading the great effort of creating a Colorado Water Plan(CWP)by the end
of 2015. CWCB staff members are aligning existing efforts in order to successfully deliver the
grassroots-based CWP. This agenda item will continue to be a recurring item in future agendas.
In preparation for this effort,the CWCB has identified a variety of resources from which the agency
may draw. The CWP will build upon the work of the Basin Roundtables and Interbasin Compact
Committee (IBCC) as well as the findings of Statewide Water Supply Initiative (SWSI). The work
of the Roundtables includes their Basin Implementation Plans and the work of the IBCC includes
scenario planning,the no regrets/low regrets document, as well as emerging discussions,which
include new supply development. Several Roundtables have also expressed an interest in having the
new supply development conversation. In addition,there are numerous Water Supply Reserve
Account studies,the Colorado River Water Supply and Demand Study, and expertise and analysis
from across the CWCB and other sister agencies that will need to be incorporated.
At the May 14-15, 2013 Board Meeting,the Board discussed in greater detail the development and
structure of the agency's CWP efforts and how they fit with other ongoing efforts such as the
Colorado River Water Availability Study Continuation, and the work of the IBCC. Emphasis was
placed on coordinating these various efforts,necessary timelines for development, and associated
roles and responsibilities.
Discussion:
An organized framework for the CWP will be helpful in guiding the agency as it focuses its efforts.
Staff will lead a discussion with the board on how to build a CWP framework incorporating the
following bullets,which come directly from the executive order and Board discussions to date.
These include items directly from Executive Order:
• Reflect Colorado's values
• Productive economy that supports vibrant and sustainable cities, viable and
productive agriculture, and a robust skiing,recreation, and tourism industry
Interstate and Federal•Watershed Protection&Flood Mitigation•Stream&Lake Protection•Finance
Water Information•Water Conservation&Drought Planning•Water Supply Planning
• Efficient and effective water infrastructure promoting smart land use
• A strong environment that includes healthy watershed,rivers and streams, and
wildlife
• Align projects, studies, funding
• Determine opportunities for water rights held by state agencies and evaluate
opportunities for those rights
• Align State's role in project permitting and emphasize expediting permitting processes
for projects that stress conservation, innovation, collaboration, and other criteria
• Recognize link between water quality and quantity
• Work with other state and federal agencies
• Address the looming gap between water supply and demand while minimizing the buy-
and-dry of irrigated agriculture
• Protect Colorado's compact entitlements
• Recommend legislative changes where necessary for implementation
• Affirm the doctrine of prior appropriation
Additional items discussed by the Board:
• Protect existing yield of M&I water supplies
• Develop regulatory incentives
• Maximize loan dollars to meet the needs of the CWP and examine other CWCB policies
and funding mechanisms
• Integrate water products
• Explore the state water right concept proposed by the Metro Roundtable and some IBCC
members
Staff will seek direction from the board regarding stakeholder involvement in the development of
the framework, specific CWP sections, and the development of ad-hoc panels.
Interstate and Federal•Watershed Protection&Flood Mitigation•Stream&Lake Protection•Finance
Water Information•Water Conservation&Drought Planning•Water Supply Planning
COLORADO ' S
W /A
R PLAN
FAQs
This FAQs list will help to answer questions regarding Colorado's
Water Plan. This is a living document that will be updated with
new FAQs on a regular basis. If you would like to suggest
additions to this list, email cowaterplan @state.co.us.
Cover Photo: Courtesy of Rio de la Vista, Rio Grande Basin
Colorado's Water Plan-FAQs
Colorado's Water Plan - FAQs
IF YOU HAVE FAQs TO ADD TO THIS LIST, PLEASE EMAIL US AT
COWATERPLAN @STATE . CO . US .
1 . Why is the state of Colorado creating Colorado's Water Plan now?
We have learned through the work of the Statewide Water Supply Initiative (SWSI), the Interbasin
Compact Commission (IBCC), and the Basin Roundtables (BRTs) that our current statewide water
trajectory is neither desirable nor sustainable. We know that the state must take a hard look at
Colorado's future water needs as a whole and plan for how they will be addressed. With eight
years of grass-roots civic engagement, Colorado has a unique opportunity to make this assessment.
2. What was the Governor's Executive Order all about?
The Governor is concerned about the water challenges facing the state and believes it is imperative
that a plan be developed if Colorado is going to have a secure water future. The Colorado Water
Conservation Board (CWCB), the organization created by the state legislature and charged with
creating and implementing state water policy, was the right entity to develop this plan in conjunction
with other state water agencies (e.g. State Engineer's Office, Water Quality Control Commission,
Water Quality Control Division, Division of Parks & Wildlife).
3. Will Colorado's Water Plan interfere with local control and authority?
No. Colorado water allocation and governance has always been guided by local users meeting local
needs and Colorado's Water Plan will not change that. Rather than diminishing local control or
authority over water, Colorado's Water Plan seeks to strengthen local decision-makers' ability to
achieve regional and statewide water solutions.
4. Will Colorado's Water Plan include plans for a state water project?
Colorado's Water Plan will be built from the bottom up through each Basin Roundtable's Basin
Implementation Plan and the work of the IBCC. It is premature to say whether a state water project
constitutes a viable option in Colorado. Colorado's Water Plan will align the state's water efforts
(e.g. funding, studies) with our water values.
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Colorado's Water Plan-FAQs
5. What is the role of the Basin Roundtables in the development of
Colorado's Water Plan and how will the Basin Implementation Plans fit
into the plan?
The Basin Roundtables will play a critical role in the development of Colorado's Water Plan. Each
Basin Roundtable has been tasked with developing its own Basin Implementation Plan. These are
plans that will offer solutions for how each basin's future water needs will be addressed at the local
level. These Basin Implementation Plans will then be incorporated into Colorado's Water Plan so that
we can understand at both the basin and statewide level how Colorado's water needs will be
addressed.
6. What is the role of the Statewide Water Supply Initiative in Colorado's
Water Plan?
The Statewide Water Supply Initiative (SWSI) provides the technical foundation that describes
Colorado's water challenges. Because of SWSI, we know more about Colorado's current and future
water demand and supply than ever before. That analysis, which will be updated continually, will
form the technical foundation for both the Basin Implementation Plans and Colorado's Water Plan.
7. How will the legislature be involved? How will the state engineer be
involved?
The Colorado General Assembly and the State Engineer (Colorado Division of Water Resources) are
critical to ensuring a secure water future for the state. The CWCB is consulting with both entities and
soliciting their input and guidance in the development of Colorado's Water Plan.
Learn more about the Water Resources Review Committee at:
http://www.colorado.gov/cs/S ateIlite/CGA-LegislativeCounciI/CLC/1 24221 85021 84.
And research the Colorado Division of Water Resources at:
http://water.state.co.us/Home/Pages/default.aspx.
8. If a Basin Implementation Plan includes a project, does that mean it will
receive state support?
The Basin Implementation Plans will reflect a Basin Roundtable's assessment of its consumptive and
non-consumptive water needs. The Basin Roundtables are expected to prioritize basin needs and
describe preferred methods to meet those needs. State support will hinge on whether or not a
project meets criteria set forth in Colorado's Water Plan. Basin support is likely a good indicator of
a project that will meet the water plan's criteria, but does not necessarily guarantee that the project
will ultimately receive state support. Colorado's Water Plan will incorporate an iterative planning
process related to this issue.
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Colorado's Water Plan-FAQs
9. What are the consequences if a currently-contemplated project is not
included in a basin's plan?
If a currently-contemplated project were not included in the basin's plan, state support would be
unlikely. However, a project may proceed as it has done so in the past.
10. How will Colorado's Water Plan work with counties and incorporate
their input and concerns? More specifically, how will the plan ensure
that a project that meets state criteria does not interfere with a county's
ability to regulate that project through its 1041 powers?
Colorado is a local control state and Colorado's Water Plan will not interfere with municipal
autonomy. Although the plan will strive for more efficiency and effectiveness in water permitting,
these efforts do not circumvent or diminish existing 1 041 powers.
11 . How will Colorado's Water Plan address the quality of the state's
rivers and streams?
The Governor's Executive Order spelled out fundamental values, including an environment that
includes healthy watersheds, rivers and streams, and wildlife. Colorado's Water Plan will incentivize
water development that honors Colorado's commitment to its wildlife and environment. The CWCB
maintains tools that are helpful in protecting and improving the health of our rivers and streams.
12. How will Colorado's Water Plan address the long-standing differences
between the Western Slope and the Front Range in terms of developing
new water supply?
The IBCC and BRT process has led to a productive and thoughtful dialogue between the Western
Slope and the Front Range in recent years. Colorado's Water Plan will acknowledge and
substantiate any agreements or points of consensus reached by the IBCC or BRTs across the
Continental Divide.
13. Will Colorado's Water Plan do away with the Prior Appropriation
Doctrine or the status of water as a private property right?
No. These principles are fundamental to Colorado water administration and law and Colorado's
Water Plan requires them to succeed.
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Colorado's Water Plan-FAQs
14. The Executive Order stipulates that it will incorporate effective and
efficient water infrastructure that promotes smart land use. Does that
mean the state will be mandating land use policies for local government
and planning agencies?
Land use is governed at the local level and Colorado's Water Plan will not change that. There may
be opportunities, however, where the state can provide incentives or benefits to encourage
development to occur in a way that maximizes water efficiency and conservation. Research has
shown that a 20 percent increase in density yields a 10 percent per capita water savings.
Incentivizing development that is more water-sustainable is one of our tools that can help ensure that
Colorado enjoys a secure water future.
15. Will the recent floods change Colorado's water planning process?
Within a single year, we have experienced severe drought followed by severe flooding. This climatic
variability in our water supply emphasizes that, now more than ever, we need to strategically plan
for the future. Colorado's Water Plan will use the work of the Basin Roundtables (BRTs) to prepare for
climatic variability by examining both wetter and drier scenarios. Colorado will be one of the first
states in the country to incorporate grassroots scenario planning and adaptive management into
water planning efforts.
16. How can I be involved in the development of Colorado's Water Plan?
As the Governor made clear in his Executive Order, Colorado's Water Plan must reflect the values
and priorities of Coloradans. It is therefore critical that the public be involved in the development of
the plan, and the best way to do that is to get engaged in your local Basin Roundtable. Attend the
statewide Basin Roundtable meetings. Provide your input. To find out more about when your Basin
Roundtable meets or who the members of your Basin Roundtable are, visit the Basin Roundtable
Webpage on the CWCB website at:
http://cwcb.state.co.us/water-management/basin-roundtables/Pages/main.aspx.
You can also attend in person or listen live online to the CWCB Board meetings. All meeting dates,
agendas, and related information are posted on the CWCB website at www.cwcb.state.co.us.
17. What if I have questions or comments about Colorado's Water Plan?
You can find more information on the interim Colorado's Water Plan webpage at
www.coloradowaterplan.com. A new Colorado's Water Plan website is planned for release in
November 2013. A calendar of events related to Colorado's Water Plan will be posted. In the
meantime, feel free to send us an email at cowaterplan @state.co.us. You can also find Colorado's
Water Plan on Facebook and follow @COWaterPlan on Twitter for current updates and information.
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