Frederick trustees approve water-storage agreement with Eldorado Artesian Springs, direct staff to proceed

Board of Trustees, Town of Frederick · February 3, 2025

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Summary

The Frederick Board of Trustees unanimously adopted Resolution 25R17 on Jan. 21, 2025, approving a 2.5 acre-foot water-storage arrangement with Eldorado Artesian Springs and directing staff to carry forward negotiations discussed in an earlier executive session; trials related to the town's change case are set to begin in early February.

FREDERICK, Colo. — The Frederick Board of Trustees on Wednesday voted unanimously to approve a water-storage agreement with Eldorado Artesian Springs and to direct town staff to pursue negotiations discussed during an earlier executive session.

Town staff presented the agreement as part of the town’s ongoing water-change case, saying the deal would allow releases from Tifel Pond to meet delayed return flows to Boulder Creek and segments of the Lower Boulder Ditch. “The storage volume that we're talking about is 2.5 acre feet of water,” a town staff member said, adding that the depth equates roughly to "about 4 to 7 inches" in the reservoir depending on stage.

The staff presentation described an exchange of storage: the town would take over storage that EAS holds in Tifel Pond and in return grant EAS a portion of storage in Millbeck Lake to cover the return-flow obligations EAS will no longer meet as it transfers storage. Staff said next steps include working with objectors on stipulations and preparing for hearings tied to the change case, with trials set to begin in early February.

The board adopted Resolution 25R17, identified in the meeting as the water-storage agreement between the Town of Frederick and Eldorado Artesian Springs (EAS). A trustee moved approval of Resolution 25R17 and the motion was seconded; the trustees voted 6–0 in favor. Mayor Pro Tem Brown presided over the vote.

Earlier in the meeting the board entered an executive session under Colorado Revised Statutes section 24-6-402(4)(b) to receive legal advice regarding the water change case; after the closed session the board also moved, by unanimous vote, to direct staff to move forward with negotiations "within the parameters that were discussed" in executive session.

The actions taken Wednesday are procedural steps tied to the town’s change-of-use proceedings and related water-right litigation. Town staff said additional infrastructure improvements, including future augmentation stations, will be pursued as part of implementing the changed water uses. The board did not record individual conditions attached to the approved agreement in the discussion beyond the storage exchange and the stated next steps.

The resolution and the negotiation direction are expected to support the town’s ability to meet required return flows should irrigated shares be changed to municipal use; town staff emphasized those technical compliance steps as the purpose of the agreement and said they will continue coordination with objectors and prepare for the upcoming hearings.