Representing The Springs Resort, attorney Jim Anesi began his lengthy presentation to the board by explaining his client’s rationale for filing on rights for the geothermal water that is the subject of the proposed lease. Unfortunately, for Anesi and The Springs Resort, the Pagosa Springs town charter provides no latitude for allowing a chance at the lease. As reported in the Oct. 2 edition of The SUN, The Springs Resort’s filing for geothermal wastewater rights possibly violates Section 10.4.C of the town charter. Furthermore, that section of the charter is explicit in limiting leases to a 10-year period. In fact, Section 12.2 of the town charter provides recourse for amending the charter by placing a matter "to a vote of the registered electors of the town." The matter would go to a vote through either a petition process that meets requirements set forth in Title 31, Article 2 of Colorado Revised Statutes or by an ordinance submitted by the town council.

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