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7 <br /> <br />tank on several occasions was full and overflowing. This morning <br />he and staff had visited the tank and it was full. There was ample <br />growth of greenery around the bottom of the tank. (Photos were <br />given to Council). <br /> <br /> Mr. Joel concluded bypointing out that there is more than one <br />spring in the area and that there was ample ground water in the <br />immediate vicinity and downstream. This would mean that the <br />riparian habitat is not dependant on the spring's flow. He asked <br />that the "Y" connector be taken out of the system. He stated that <br />the connector only allows him the use of 300 gallons per day, which <br />is less than allowed. He asked Council not to restrict him to any <br />specific number of gallons. Finally, he asked that Council allow <br />him to make minor repairs or maintenance when needed. If Council <br />were to approve the modifications requested, he would ask that he <br />be allowed to have electric power in this area. <br /> <br /> Mayor Mercer asked if Mr. Joel was prepared to come to an <br />agreement with Ms. Sorenson. <br /> <br /> Mr. Joel answered yes. He stated that they had a written <br />agreement that was acceptable to both parties, but Ms. Sorenson had <br />considerable doubts whether Council would make the modifications <br />requested. She did not want to sign an agreement that could not be <br />executed because the conditions would not be such that he could <br />share the water with her. <br /> <br /> Mr. Butler asked if this agreement looked at a greater use <br />than what was listed in the present conditions. <br /> <br /> Mr. Joel answered yes. <br /> <br /> Brad Thomas of Miller, Starr & Regalia, represented Ms. <br />Sorenson. He explained that Ms. Sorenson is adamantly opposed to <br />the modified system that Mr. Joel had suggested that Council <br />approve. The water source is not a spring as Mr. Joel stated; it <br />is part of a stream system. Any diversion of the water would <br />affect Ms. Sorenson's present use and availability of water. <br />Although Ms. Sorenson was willing to support the system that was <br />recommended by staff, she is now not willing to support the <br />recommendations because of her experiences in the last couple of <br />weeks. He believed that if there is no mechanism to monitor or <br />enforce the water extracted from the system, then there would be <br />100% diversion of the water by Mr. Joel. He stated that after <br />staff and Mr. Joel inspected Ms. Sorenson's tank, representatives <br />from A & M Homes went to Mr. Joel's system and found 100% <br />diversion. Ms. Sorenson is not willing to enter into any agreement <br />with Dr. Joel because the agreement contained provisions that the <br />staff said would be inconsistent with the open space designation of <br />the area: 100% diversion would be inconsistent. He indicated that <br />no scientific tests had been conducted in the area and Council <br />would not be able to make an informed decision without correct and <br /> <br />9/1/92 7 <br /> <br /> <br />