January 20, 2010 Minutes-Board Meeting

 

TThe regular monthly meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, January 20, 2010 commencing at 10:05 A.M, at 801 Swink Avenue, Rocky Ford, CO 81067.

Chairman Moore announced a quorum was present with Directors Esquibel, Nunez and Brown being excused.

 

DIRECTORS PRESENT:
Pete Moore-Chairman                             
Lynden Gill-Vice Chairman                          
Wayne Whittaker -Treasurer
Leroy Mauch

DISTRICT STAFF PRESENT:
Jay Winner – Executive Director
Bill Hancock – Conservation Program Manager
Carla Argon-Quezada – Office Manager
Brenda Fillmore – Water/Finance
Peter Nichols – Attorney

DIRECTOR EXCUSED:
Melissa Esquibel-Secretary
Anthony Nunez
Reeves Brown

STAFF EXCUSED:
Bart Mendenhall – Attorney

MOTION TO ENTER INTO WATER ACTIVITY ENTERPRISE:
Director Whittaker moved that the Board recess the regular Board Meeting and open the Water Activity Enterprise meeting, seconded by Director Mauch.  Motion unanimously carried.

At the conclusion of the Water Activity Enterprise meeting Director Gill moved to adjourn the Water Activity Enterprise meeting and reconvene the District Meeting at 10:10 A.M., seconded by Director Whittaker.  Motion unanimously carried.

INTRODUCTION OF VISITORS:
Chairman Moore welcomed each of the visitors to the meeting, asked them to introduce themselves and identify the organization which they represent.

VISITORS PRESENT:
G.W., Larkspur; Loretta Kennedy, Congressman Salazar’s Office; Mike Bartolo, CSU-AURL; Del Nimmo, CSU;  Alan Ward, PBWW;  Ken Weber, Pueblo; Perry Cabot, CSU;  Dwight Gardner, Senator Bennet’s office; Bill Milenski, Rocky Ford;  Ann M Lopkoff, CWPDA; Donny Hansen, Holbrook Mutual; Gregg Ten Eycke, Leonard Rice; Fred Heckman, FLCC; Gloria Gutierrez, Senator Udall’s office; Don McBee, Lamar; John Schweizer, Super Ditch; Burt Heckman, Super Ditch; Frank Milenski, Super Ditch; Jim Sandoval, Otero County Commissioner; Chris Woodka, Pueblo Chieftain; Rick Kienitz, Aurora Water; Kelly Roesch, Pure Cycle; Jim Valliant, CAES; Pat Edelmann, USGS; Dale Mauch, Super Ditch.
 
APPROVAL OF MINUTES:

• December 14, 2009 Monthly Board Meeting Minutes- Chairman Moore asked if the Board members had reviewed the minutes for the December 14, 2009 Board meeting and whether there were any corrections or additions. Director Mauch moved to approve the minutes for December 14, 2009, seconded by Director Gill.  Motion unanimously carried.

• December 14,  2009 Work Session Meeting Minutes- Chairman Moore asked if the Board members had reviewed the minutes for the December 14, 2009 Work Session meeting and whether there were any corrections or additions.  Director Mauch stated that Cindy Lair was spelled wrong.  Director Gill moved to approve the minutes for December 14, 2009, seconded by Director Mauch.  Motion unanimously carried.

 

TREASURER’S REPORT:
Chairman Moore reported that the financial report for the month of December was included in the Board’s Monthly Meeting Packet. Treasurer Whittaker reported December total revenues $28,902.07 and total expenditures $61,374.68 with total net <$32,472.61>.  Director Whittaker moved to accept the December Financial Statement, seconded by Director Mauch.  Motion unanimously carried.

OFFICIAL DISTRICT BUSINESS:
Oath of Office:
Notary Carla Quezada swore in re-elected Director’s Wayne Whittaker and Lynden Gill and notarized the Oath of Office Statement.

Legal Postings:
Pursuant to C.R.S. 32-1-903(1), the Board must designated dates and post the time and place for all Board meetings for 2010.  General Manager Winner suggested that the Regular Board meeting dates stay the same third Wednesday of the month. Chairman Moore asked if that is acceptable.  Director Gill made a motion to accept the designate and post the time and place for all Board meetings for 2010, seconded by Director Mauch.  Motion unanimously carried.  Posting of the Board meetings will be at Lower Arkansas Valley Conservancy District’s Office, 801 Swink Avenue. Director Mauch made a motion to post the meetings at the LAVWCD, 801 Swink Avenue, seconded by Director Gill.  Motion unanimously carried.

Elections:
General Manager Winner announced a re-organization meeting of the Board is needed to elect Board Officers.  Executive Director Winner heard nominations for Chairman of the Board.  Director Whittaker stated, I would like to nominate, Director Moore as Chairman, seconded by Director Gill; Director Mauch stated, I would like to nominate Lynden Gill as Vice-Chairman, seconded by Director Whittaker; Director Mauch stated, I would like to nominate, Director Esquibel as Secretary, seconded by Director Gill; and Director Mauch stated, I would like to nominate, Director Whittaker as Treasurer, seconded by Director Gill.   Vote was unanimous for election of each officer.

LAVWCD Board Directors for 2010:  Chairman, Pete Moore; Vice-Chairman, Lynden Gill; Secretary, Melissa Esquibel; Treasurer, Wayne Whittaker; Directors Leroy Mauch, Anthony Nunez and Reeves Brown.

GM REPORT:
General Manager Winner directed Board Directors to Tab (1) one of the board packet.  He stated he would like to discuss the Water Supply information and table it until all of the Directors are present.

General Manager Winner directed Board Directors to Tab (2) two of the board packet. Economic Threshold, or “Tipping Point” Analysis of Irrigation Water Transfers, Kick-off Meeting January 26, 2010 in Denver, Colorado. He stated it was very interesting lots of economists from Nebraska, California, and Idaho. 

General Manager Winner introduced Ken Weber of Pueblo. 
Mr. Weber gave an update on Kick-off Meeting.  He stated the idea behind the tipping point is that an event center along relatively stable path, something happens it will shoot out or shoot down.  In this case we are going to look at economics in the valley.  This idea is fairly easy to catch up with it’s never been done.  This is exploratory.  We’re in phase I, which is a group concept just to see if it’s going to work and if there’s data to support it.

PRESENTATION:
General Manager Winner introduced Dr. Perry Cabot (Extension Water Resources Specialist).

Dr. Cabot gave a power point presentation on the Effects of land fallowing and water rights leasing on crop yield, nutrient needs and management, which is attached to the minutes as Exhibit A.  He stated that there are partners in this study; Colorado Water Conservation Board (CWCB), City of Aurora (Arkansas Valley Range Project) and Lower Arkansas Valley Water Conservancy District (LAVWCD).

General Manager Winner introduced Gregg Ten Eycke of Leonard Rice Engineer.
Mr. Ten Eycke gave an update on Rule 10 plans, discussion on recommended Lower Arkansas Valley Water Conservancy District policies, which is attached to the minutes as Exhibit B. 

General Manager Winner introduced Don McBee of Lamar.
Mr. McBee introduced a pond study proposal.  He stated that purpose of the study is to establish a fair pond loss that will be acceptable to all involved in rules of surface sprinklers.  To develop a universal pond loss so the loss will not need to be proved over and over.  He asked the board to consider donating $25,000.00 to this study, which is attached to the minutes as Exhibit C.

Director Mauch made motion to support $25,000.00 to this pond study with the understanding that other supporters need to come forward with their support, seconded by Director Gill.  Motion unanimously carried.

Mr. McBee also requested that the Lower Arkansas Valley Water Conservancy District take control of managing the money.

Director Mauch stated as long as all the donors have contribute their portions and that someone is not writing a bunch of bills and we have to account for this money.  LAVWCD will not get stuck with it.

LEGISLATIVE REPORT:  Colorado Water Congress- State affairs committee, January 11, 2010.

DIRECTORS’ DISCUSSION:  None

COMMITTEE REPORTS:
Personnel: None.

Acquisition: None.

LEGAL REPORT:
Melissa Esquibel: None

Attorney Bart Mendenhall: Attorney Mendenhall’s legal report, a copy of which is attached to the minutes as Exhibit D.

Attorney Nichols gave directors an update on a bill that was introduced, Fine illegal surface water diversions.

Director Mauch made motion to oppose bill until clarification and will wait to see the final bill, seconded by Director Gill. Motion unanimously carried.

 

Trout, Raley, Montano, Witwer & Freeman, PC
Attorney Peter Nichols:  Attorney Nichols legal report, a copy of which is attached to the minutes as Exhibit E.

Director Whittaker made motion to take position to file opposition of Woodmoor, seconded by Director Mauch. Motion unanimously carried.

Director Mauch made motion to file Amicus curiae, “friend of the court”, In support of the judge’s ruling of Colorado Springs and Super Ditch with the share and reduce the cost, seconded by Director Whittaker.  Motion unanimously carried.

BOARD ACTION:  None

PUBLIC COMMENT:  
Bill Hancock, Conservation Program Manager gave an update on rural water providers meetings that have taken place the last 6 months.  Committee is ready to take recommendation out to the valley and to all rural providers. First meeting will be held on February 9, 2010 at the Cow Palace in Lamar, Colorado from 6:30-8:30 p.m.  There will be another meeting on February 16, 2009 at the OJC Student Center in La Junta, Colorado from 6:30-8:30 p.m. 

ADJOURNED:
Chairman Moore asked if there were any other matters to come before the Board.  Hearing none, motion was made by Director Mauch, seconded by Director Gill to adjourn the meeting.  Motion unanimously carried.  Meeting was adjourned at 11:51 A.M.