To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Mark Marlowe, P.E., Director of Castle Rock Water
David Van Dellen, P.E., Assistant Director of Castle Rock Water
Roy Gallea, P.E., Engineering Manager
Josh Hansen, P.E., Project Manager
Title
Ordinance Authorizing the Exercise of the Town’s Powers of Eminent Domain to Acquire Certain Real Property Interests Necessary for the Plum Creek to Rueter-Hess Reservoir Pipeline Project (Second Reading - Approved on First Reading on August 15, 2023, by a vote 7-0) [Northern Castle Rock and Eastern Castle Pines]
Body
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Executive Summary
Castle Rock Water (CRW) is seeking Town Council adoption of an Ordinance (Attachment A) authorizing the exercise of the Town’s power of eminent domain for the Plum Creek to Rueter-Hess Reservoir Pipeline Infrastructure Project, if necessary. This ordinance authorizes CRW staff to follow the property acquisition process consistent with the potential use of eminent domain, however, any use of eminent domain on any specific property will require CRW staff to return to Council for additional authorization in the form of an ordinance specific to that property. During this additional public hearing, Council will be provided with the details of that specific property, the offers made to the property owner for that specific property and all the other information associated with the final use of eminent domain to acquire that needed property.
CRW’s Water Resources Strategic Master Plan identifies pipeline infrastructure (pipeline, pump station, and outlet structure) needed to convey renewable and reuseable water from the Plum Creek Basin to Rueter-Hess Reservoir (RHR) for storage during periods when available supply exceeds demand. Storage of this water is critical for responding to future irrigation season demands. The proposed infrastructure is being sized to move 1,000 acre-feet per year from the Plum Creek basin to RHR.
An engineering consultant, Providence Infrastructure Consultants (Providence), was retained to complete a pipeline alignment study and preliminary infrastructure design in 2021. The alignment study was completed in late 2021, and the Town selected a proposed pipeline alignment. Providence was retained to complete final design services for the project in 2022, and the design work is being completed concurrently with survey of the pipeline corridor.
The proposed pipeline is approximately 7 miles in length and crosses 38 properties (See Attachment B). Some have common property ownerships, and there are approximately 21 different ownership entities. Staff has completed numerous onsite meetings and phone conversations with property owners to discuss potential project impacts and gather feedback regarding specific property owner concerns. A land acquisition consultant, Western States Land Services (Western States), was retained to assist with property owner coordination and begin good-faith negotiations to acquire the necessary easements.
The project is scheduled for completion of construction bid documents in April 2024. Based on current schedule for the project design and past experience on other projects, approval for the use of eminent domain is recommended upfront in property negotiations to facilitate easement acquisition in advance of final design completion and construction commencement to avoid project delays which could impact CRW’s ability to meet irrigation demands in the future.
Given project schedule and experience on other projects, Staff requests adoption of this ordinance to allow property negotiations to commence immediately upon adoption. Legal descriptions are being prepared, and the Town’s consultant is ready to begin the negotiation process.
Staff Recommendation
Staff recommends Town Council approval of the ordinance authorizing the use of eminent domain to acquire the required easements, if necessary.
Proposed Motion
“I move to approve the Ordinance as introduced by title.”
Alternative Motions
“I move to approve the ordinance as introduced by title, with the following conditions: (list conditions).
“I move to continue this item to the Town Council meeting on _____ date to allow additional time to (list information needed).”
Attachments
Staff Report
Attachment A: Ordinance
Attachment B: Alignment Corridor Map