BY LUCAS TURNER
This is part 6 of a series exploring Rio Blanco County’s special districts, how they are funded, and their transparency practices.
Read part 1: The ins and outs of special tax districts
Part 2: Explainer: how special districts work
Part 3: Recreation in Rio Blanco County: WRBM and ERBM
Part 4: Rio Blanco County’s Hospital Districts
Part 5: Conservation and conservancy districts
YELLOW JACKET WATER CONSERVANCY DISTRICT HISTORY
The Yellow Jacket Water Conservancy District (YJWCD) was originally founded in 1959 following a Bureau of Reclamation study which concluded the Yellow Jacket Unit could provide water for irrigation, conservation and industrial needs among other uses. It was the subject of some controversy in 2011 when local landowners and Western Resource Advocates (WRA) sued to terminate the district’s water rights. They argued the board was operating illegally since multiple directors voted on decisions affecting district water rights after their terms had expired.
The coalition opposing the district claimed their motivation was based on information that the water rights would have mostly supported oil shale development. WRA and affiliated groups won their initial lawsuit, and a judge stripped the district of water rights. YJWCD appealed the decision to the Colorado Supreme Court, who overturned the ruling. The case, “Yellow Jacket Water Conservancy District v. Livingston :: 2013” went on to establish a precedent for how conservancy district boards operate. Notably, Colorado’s supreme court found that the Water Conservancy Act (WCA) allowed for “holdover directors” to remain in office and act on behalf of the district as “de jure officers” pending a new appointment to the board. As noted in last week’s article on tax districts, conservancy district boards are appointed by a judge, not elected.
TRANSPARENCY
As part of our series on tax districts, public boards and transparency practices, we reached out to Kelly Sheridan, current board president for the YJWCD. Sheridan forwarded us to district lawyer Scott Grosscup who was able to provide us with board minutes, agendas and budgets. Grosscup serves as the “designated agent” for the district per filings with Colorado’s Department of Local Affairs (DOLA). Sheridan told the HT that Grosscup also acts as the secretary for board meetings and custodian of documents such as minutes and agendas.
Upon further request Grosscup also shared a document listing contact information for each of the district’s eight (of nine total) sitting board members, including phone numbers, emails and other info related to board operations. The district does not make this information available online, but Sheridan stated it is available upon request from the attorney.
Other requests for information should be directed to the YJWCD’s attorney, according to Sheridan, who stated the district, “has not made it a budget priority to have an online presence” where meeting minutes and other board information could be published.
Sheridan told the HT “residents are free to contact board members with any concerns,” noting that they could find district information on DOLA’s website.
If you don’t know a board member or the district’s attorney, you can find this information using the following steps:
1. Navigate to dola.colorado.gov
2. Select “Local government” under “Divisions and programs” from the main menu.
3. Click “Local Government Information System” AKA “LGIS” in the left side menu.
4. In the LGIS select “Y” to view all local governments in the state starting with Y.
5. Scroll down to find Yellow Jacket Conservancy District and click “View Filings.”
6. On DOLA’s information page for YJWCD, select the “Contact” tab.
7. Click the small magnifying glass icon in the “View” column to download a PDF listing the district’s Designated Agent Scott Grosscup.
Barring that, Sheridan said the best way to contact the board is via regular mail. That information is also listed on DOLA’s local government information system. Grosscup told the HT the PO Box is checked periodically.
MEETINGS
Grosscup said the board meets three to four times per year. Agendas are posted a week in advance at the Meeker post office and at the Moffat, Rio Blanco and Garfield County Clerk’s offices, “and they also post notice of the meeting at the library in Meeker, which is where most meetings occur,” said Grosscup.
Sheridan said the board “does not currently own the technology, or technical expertise to have a reliable virtual meeting” but noted that the board has made accommodations for people who asked to appear by telephone.
CURRENT ISSUES
The district’s mission is to follow its statutory obligation “to preserve and protect the water resources for its constituents,” according to Grosscup, which is why he said the district’s main focus at the present time is the enlargement of Lake Avery, “so that there would be an ability to store additional water for all water users within the district boundaries.” New board appointments are also coming up in November of this year. Residents can learn more about board appointments by inquiring with the district.
By Lucas Turner | [email protected]