While regulation of private property adjacent to the creek will potentially be a contentious issue, dealing with urban runoff could be an even bigger problem. As the ERWSD separates illegal stormwater runoff connections from its wastewater collection system, more of the Town of Vail and surrounding community's stormwater runoff will find its way to Gore Creek. At the same time, runoff from I-70 and Gore Creek tributaries continues unabated. The Town will have to consider the adoption of uniform regulations and/or mandatory Best Managment Practices for the collection and disposal of that runoff. It may even ultimately have to build a runoff collection and treatment system. If upgrades to the ERWSD's existing plants alone have a $62 million price tag, the cost of stormwater collection and treatment facilities could be many times more. The financial impact of such actions cannot be judged at this time since there might be sources of state and federal funding that could substantially reduce the financial burden on local taxpayers.  

Vail Waste Water Treatment Plant located along side Gore Creek in West Lionshead

ERWSD operates three wastewater treatment plants; one in Vail at Lionshead and two others in Avon and Edwards. The Lionshead plant discharges into Gore Creek; the Avon and Edwards plants discharge into the Eagle River. The entire section of Gore Creek from its confluence with Black Gore Creek to its confluence with the Eagle River in Dowd Junction is listed as impaired for aquatic life use by the state, even though below the Vail plant the impairment standard is not in violation, but hovers near it, as does a section of the Eagle River from Down Junction to Edwards. Therefore, the State has mandated ERWSD to improve the effluent nutrient discharge (reduce phosphorus and nitrogen) at all three of its plants. While reduced discharges will improve the quality of downstream water, the changes to the ERWSD treatment plants will do nothing to clean up the upper portions of Gore Creek which are currently designated as impaired.

More to the Story: Recently, the ERWSD sent a notice of potential election to its customers announcing that, to fund changes in its treatment plants, it intended to seek a $25 million tax increase and exemption from TABOR revenue and spending limits. The letter only addressed the funds needed over the next "several years" but it did not clarify that these measures are not the total extent of the District's actions. What the District is doing is much more extensive and the cost will be greatly in excess of the proposed tax increase, but the District's actions have received little public attention, scrutiny or critical debate within the context of the larger cleanup obligations.

The current financial plan supported by the District's proposed ballot issues A and B funds a portion of the District's Master Plan to meet regulatory requirements. The District has taken steps to prepare its customers for the costs of the improvements it believes are necessary to reduce nutrient discharges and benefit aquatic life, however, there should be further discussion about the additional financing that will be required over the next 10 to 15 years, particularly with non-resident property owners.

Telltale signs of phosphate pollution are the soap bubbles coming from the Vail Treatment Plant outfall. The facility is in compliance with its state issued permit, however, upgrades are required to meet the new state water quality standards. Proposed plant improvements are to remove nitrogen and phosphorous from domestic sewage.

While the overall plan has been presented to the Town of Vail (for informational purposes only since the Town has no authority over the District) and in other local forums where the issues went largely unquestioned, the plan has received little public scrutiny, attention or reaction, particularly by the majority of customers who are non-residents. Many of these residents are eligible to vote in the upcoming special district election and should have the opportunity to participate in the decision making process.

The Eagle River Water & Sanitation District (ERWSD) is moving forward with Phase 2 of the work for its $95 million Master Plan to upgrade its three Gore Creek and Eagle River wastewater treatment plants and has decided to seek voter approval for a $25 million tax increase and a TABOR revenue limitation "de-Brucing" waiver. The District, to take advantage of potential state or federal grants that could reduce taxpayer debt, needs to remove TABOR voter approval requirements allowing them to exceed mandatory revenue and spending caps. The District is proposing to extend and add to its current tax rate. The tax proposal would amount to $29.22 annually per $500,000 of home value, although the actual mill levy could vary year to year over the 30 year life of the bonds.

Phase 1, the consolidation of solid waste treatment at the Edwards treatment plant and some miscellaneous improvements, already authorized for $28 million, is slated to begin construction in 2014 and is paid for by a ratepayer increase of $6 per month beginning in 2015. According to the ERWSD, if the May 6th tax increase election fails, monthly customer rates will again rise  by nearly $5. This being the case because of the availability of other potential funding sources; revenue bonds - even though more expensive, may be the most economical approach. Relying on revenue bonds, which impose uniform rates upon all customers, creates the incentive for the District to negotiate the best funding options with state authorities before increasing its taxpayer debt or customer rates.

The District has not yet determined how it intends to fund the estimated $42 million balance of the Master Plan. It is important to note that cost estimates will be reevaluated as each phase of the project is completed and will be affected by the implementation of new state regulations by other communities upstream, fluctuations in treatment technology costs and changing environmental factors. What the District is doing is much more extensive and the cost is greatly in excess of the proposed tax increase, but the District's actions have received little public attention, scrutiny and critical debate within the context of the larger cleanup obligations, particularly among non-resident property owners, many of whom are eligible to vote in the election.

Improvements to the facilities need to be completed so that they meet the new regulations as each facility's discharge permit is renewed with the state over the next several years. Knowledge of the District's time table for permit renewal would be useful public information in assessing the urgency of the staging and financing of required improvements. If the voters don't support the May 6th ballot measures, the District is planning to move the project forward, funded by revenue bonds.

What's The Rush? The tax increase related construction upgrades of the treatment plants are not scheduled until 2017, beginning at the Vail plant, and even when completed will not impact the portion of Gore Creek that is currently in violation of standards. The Town of Vail has committed to have its own Strategic Action Plan ready by the end of this year. Many decisions concerning the Gore Creek cleanup must be made, at least some of which may have significant financial consequences.

Perhaps, before the Vail community supports the proposed ERWSD tax increase and TABOR waiver, it would be advisable for all interests, including the Town of Vail, ERWSD and taxpayers from all the affected communities, to have the opportunity to come to a consensus about how the overall cleanup of Gore Creek is to proceed and be financed. In forming this consensus, it would be helpful to be guided by a proposed management pro forma, which should include an analysis of the soundness of the financing obligations incurred by the election issues under discussion as well as the other costs that will be required to get Gore Creek back to its proper status.

Survey participants can choose to be entered in a drawing to win $500 toward their choice of a 2014-15 season parking pass, EPIC ski pass or gift certificate to a Vail business.

The survey is available in two formats, online at www.tovsurvey.com or in a paper, mail back format available at the front desk of the Vail Municipal Building. The deadline for responses is April 28th. Results will be released in June and posted on the town's website. For more information, call the community information office at 970-479-2115.