CENTRAL CITY — “We’re going to be talking water,” said Mayor Jeremy Fey at the opening of Central City Council's February 17 work session.

Andrea Benson, of Alperstein & Covell, P.C., gave council a brief refresher on water rights and an update on Central City’s current portfolio. 

Colorado operates under a priority system often described as “first in time, first in right,” meaning the earliest users who put water to beneficial use hold senior rights. Water rights are established through water court decrees that define how much water can be diverted, where it can be used, and for what purpose. 

Once water has been diverted and used according to the decree, the right becomes absolute. Conditional water rights, by contrast, reserve a place in line but require renewal every six years to demonstrate continued need or progress toward development.

Central City holds both conditional and absolute rights. Some of the City’s most senior rights date back to the late 1800s. 

Rights in Miners Gulch and Broomfield Gulch remain conditional, Benson explained, while storage rights in Chase Gulch include both conditional and absolute components.  The Fall River and North Clear Creek pipelines remain conditional and have not yet been developed.

Benson said municipalities often seek to change water rights from irrigation to municipal use while keeping their original priority dates. Doing so preserves seniority but limits future use to historical consumption levels.

Another key role of water counsel is monitoring water court applications from neighboring entities. If another municipality files for new rights or changes, the city may file a statement of opposition to protect its existing rights.

Alderman Zane Plsek brought up a recent filing from Black Hawk that appeared in the Weekly Register-Call. Benson explained that the filing was a routine diligence renewal dating back to the 1990s. 

Central City and Black Hawk currently have an agreement not to oppose each other’s strict diligence filings, helping reduce legal costs while maintaining existing rights.

Council also discussed an ongoing quarry-related water court case involving the use of augmentation water at the Martin Marietta site. Benson said her office is monitoring the case to ensure Central’s water accounting and rights are not affected.

Alderman Chuck Spencer asked whether recent statewide discussions about water shortages should concern Central City. Benson said the issues related to the Colorado River Compact do not directly impact the city because its water comes from the Clear Creek and South Platte basin. She added that Central’s storage capacity, particularly at Chase Gulch, helps protect supply during dry years.

Fey asked whether future development could strain the water supply. Benson said storage remains one of the most important safeguards for municipalities and noted that Central City’s reservoir system places it in a strong position compared to communities without storage.

After questions concluded, the work session ended at 5:30 p.m.

Regular Meeting

The regular meeting began at 6 p.m. with a minor amendment to the executive session language. City Attorney Marcus McCaskin added a clarification of the case number referencing the 130 Main Street enforcement issue.

Fey recused himself from the discussion of the Gregory Gulch Resort Planned Unit Development due to a potential family connection to a future vendor.

An update on municipal courts was postponed to the March 3 meeting due to Judge Jack Berryhill’s absence.

Three members had resigned from the Planning Commission, Fey announced. Letters of interest were received from Steven Tricarico and Matt Wise, who were appointed to fill two vacant positions. Additional applicants will be reviewed at a future meeting.

Resolution 26-04, confirming landowner consent and establishing the effective date for rezoning related to the Gregory Gulch Gaming Resort Planned Unit Development, was approved unanimously. Fey remained recused during the vote.

During staff updates, Plsek noted that the Hawley Mercantile is preparing for roof replacement following last year’s fire. “I’m anxious to see that restored,” he said.

During public comment, resident Deb Wray asked council to hold an open and well-advertised meeting about the Floyd Hill project to help residents prepare for upcoming traffic impacts. 

I-70 Coalition member Joe Behm encouraged residents to sign up for CDOT’s text alert program, which provides daily updates on blasting operations. He said major blasting is expected to conclude by Memorial Day.

During council comments, Alderman Todd Williams discussed communication challenges related to Central City Parkway traffic changes and future roundabout construction. 

Spencer thanked emergency responders who attempted to save the life of a nonresponsive man at the Central City KOA, noting the large, coordinated response from multiple agencies.

Fey also expressed excitement for the upcoming juried art show at the Gilpin Arts Association scheduled for June 6.

Council recessed into executive session at 6:23 p.m.

The next regular meeting of the Central City Council will be held March 3 at 6 p.m. at City Hall.