Chaffee County Commissioners Head to Deliberations in Nestlé Applications
Sterling R. Quinton
Chaffee County, CO
May 23, 2009
On Thursday, May 21, The Chaffee County Commissioners endured the fourth and last round of marathon hearings on the Nestlé Waters North America applications for a 1041 and Special Land Use Permits. The eleven-hour meeting was peppered with the now commonplace disputes between Nestlé Water’s Regional Manager, Bruce Lauerman, and the County’s Staff, Consultants, and residents.
Nestlé did make a move to soothe widespread outcry over the project by voluntarily agreeing to remove the Bighorn site and its proposed operations from the permit (as Special Water Council, Jim Culichia, previously recommended) as well as a written guarantee of their willingness to place a conservation easement on parts of the project.
Many residents have expressed distrust over Nestlé’s unwillingness to guarantee project incentives on paper, in addition to what many perceive as a lack of transparency on behalf of the Swiss-based company.
Lauerman’s team of well-dressed and well-spoken attorneys, consultants, and public relations representatives, were by turn, respectful, direct, aggressive, and dismissive at Thursday’s meeting. One Nestlé attorney, Steve Simms, spoke with a tempered belligerence regarding a recommendation by the Upper Arkansas Water Conservation District Manager (UAWCD) Terry Scanga.
Scanga, who did not attend the meeting, suggested that the water leased from Aurora (which Nestlé will use to augment the river, replacing the 65 million gallons it plans to remove annually) should, essentially, come with a guarantee that Aurora will not consume the water during the 10 year lease between the front-range municipality and Nestlé.
Simms said that Nestlé couldn’t possibly meet the request of Scanga, and that it seemed like Scanga and the UAWCD were using a “Trojan Horse” in an attempt to “settle an old score.”
The Commissioners now have 60 days to deliberate over the application and either approve or disapprove Nestlé’s request for permits. County Staff and other official sources have indicated that they do not feel the Commissioners have made up their minds one way or the other. But, many residents feel that for at least two of the commissioners, their minds were made up early in the process, leaving the deciding vote in one man’s hands.
Speculators may have more evidence beginning 9:00 a.m. on June 16, at the Commissioner’s Meeting room in the Salida Courthouse. The Commissioner’s deliberations will be open to the public. Chaffee County Clerk and Recorder Joyce Reno said that while the Board does have 60 days to come to a final decision, she expects a ruling to be handed out sooner rather than later.
Geomega's Ken Kolm explains why long-term baseline studies of the spring sites are necessary, a point Nestle has disputed. Bruce Lauerman sits listening with Don Reimer, Jenny Davis, and Jim Culichia at the table from left to right.
Thanks for the update…
Hi,
Perhaps the most significant part of the last meeting was rather late when Commissioner Tim Glenn was asking Bruce Lauerman and high $$ water lawyer Steve Sims about the Conservation Easement. Bruce said it would have to meet their business needs, such as more pumping. Steve, without pausing, gave the example of increasing pumping to 300 AF/year. Sims is an elite Colorado “Super Lawyer”. He also works for Aurora. Lawyers like Sims do not make random statements without basis; they must know their client’s plans to be effective.
An increase to 300 acre-feet/year steps up the truck traffic from 50 truck trips/day to 75. How about leasing more Aurora water and going to 400 AF/year, yielding a clean number of 100 truck trips/day??
Nestle wants to be a “Good Neighbor”.
Thanks for the coverage…