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September 26, 2020

Proposed Memorandum of Understanding between Boulder County and Eldorado Artesian Springs regarding wastewater treatment services

Virtual Public Hearing scheduled for 11 a.m. Tuesday, September 29, 2020

Boulder County, Colo. - The Board of County Commissioners will hold a virtual Public Hearing at 11 a.m. Tuesday, September 29, 2020 for a proposed Memorandum of Understanding between Boulder County and Eldorado Artesian Springs regarding wastewater treatment services.

The Board of County Commissioners, as the Board of Directors for the Eldorado Springs Local Improvement District (ESLID), will be considering the Memorandum of Understanding (MOU) that will govern the roles and responsibilities of ESLID, Boulder County, and Eldorado Artesian Springs, Inc. (EAS) as they relate to EAS’s continued improvements to its property and the potential resulting impacts on the Eldorado Springs Wastewater Treatment Facility.

What: Board of County Commissioners virtual Public Hearing
When: 11 a.m. Tuesday, September 29, 2020
Where: Register online to attend or speak at the hearing

Written comments may be emailed to Jon Adam, Special Districts Coordinator, at


EAS is currently in the process of renovating its property, which lies within the District boundaries and is served by the Facility. The renovation project was approved with conditions by the Board of County Commissioners through Resolution 2020-28.

In Resolution 2020-28, the Board noted that adequate wastewater treatment capacity must be maintained for operation of the EAS property as expanded through the renovation project. Therefore, the Board included a condition of approval requiring EAS to monitor its average daily wastewater discharge going forward.

In addition, Section 3.4.1 of the ESLID Rules and Regulations states that “any . . . change which, in the opinion of the District, will increase the burden placed on the System by the Member, or change the Member’s EQR, shall require a redetermination of the fees set forth in Appendix A, and the Member shall pay the increase or decrease in such fees in proportion to the adjustment in equivalencies.”

The MOU sets forth requirements for EAS to install discharge monitoring equipment for the renovation project to meet the condition of approval included in Resolution 2020-28. The MOU also specifies the increased fees that EAS will pay to the District, per ESLID Regulations, both in the form of a Plant Investment Fee and quarterly operating fees.

Both Parties recognize that there is some uncertainty as to future water usage and discharge rates from the renovated EAS property and wish to clarify their rights and obligations with respect to changed conditions.