Call to order, introductions, pledge of allegiance.
-Report on ongoing well monitoring: levels appear somewhat stable so far.
-Current Elbert County Rural Water Study Update - At recent BOCC meeting, Will Koger of Forsgren reported that there’s ample water in EC for 2050 demand. Forsgren will now focus on cost benefit for renewable import/augmentation analysis rather than a need for replacement with no export analysis as part of the water study (supply side only). Projecting population of 68,000 in EC by 2050.
-County would like to continue to finance USGS water study (current program ends 2/2018). EC will have a new individual appointed to monitor our wells; Rhett Everett of the USGS will be working on a different project.
Ric Morgan, legal counsel for Town of Elbert Water District, spoke about special districts, specifically Part II, Section 26 of the EC Zoning Regs. Statutory powers of special districts in Elbert County: tax, spend, and condemn property via eminent domain. Must hold a broadly noticed community meeting, go before the Planning Commission, and secure final approval from the BOCC.
Application timeline - 300 days from applicant’s initial contact with CDS through decree and service plan recordation. Went through all steps.
Service plan - establish need; special district demonstrates capacity to realistically meet the need; binding agreements
Services - delineated in plan
Boundary - service area of special district, with exception of some anomalies
Annual report - special district makes annual report to electors not later than January 15 of each year; no discretion; listed contents of annual report
Five-year reviews - required to be filed; no discretion
Issues with service plans:
-non-enforcement: in CO, governmental agency can be charged with not doing their job (rule 106)
-non-compliance: if special district doesn’t fulfill obligation to follow all rules; have to be interested party to pursue
-ultra vires: ‘beyond the authority” of service plan (rule 106); doing something not in/not related to service plan
-interaction with other districts: collaboration, services, boundaries
-can amend service plans, with approval of BOCC