February 9 , 2005 Minutes-Board Meeting

The regular monthly meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, February 9, 2005 at 9:30AM, at 801 Swink Avenue, Rocky Ford, CO 81067.

Chairman Singletary announced a quorum was present.

DIRECTORS PRESENT:
John Singletary-Chairman
Pete Moore-Vice-Chairman
Wayne Whittaker-Treasurer
Ollie Ridley-Secretary
Leroy Mauch
Loretta Kennedy
Melissa Esquibel

DISTRICT STAFF:
Jay Winner-General Manager
Bart Mendenhall-Attorney
Kim Chavez-Financial Coordinator
Randa Morlan-Temporary Hourly Aide

MOTION TO ENTER INTO EXECUTIVE SESSION:
Director Esquibel moved that the Board convene into Executive Session, seconded by Director Moore. Motion unanimously carried. Chairman Singletary recessed the District meeting at 9:31 A.M. to convene the Executive Session at 9:34 A.M.

To discuss the following matters:

The presence of the following persons was requested at this Executive Session:

Chairman Singletary adjourned the Executive Session at 10:30 A.M, and reconvened the District Meeting at 10:33 A.M.

REPORT FROM EXECUTIVE SESSION:
Mr. Bart Mendenhall reported the Executive Session covered the following issues:

MOTION TO ENTER INTO WATER ACTIVITY ENTERPRISE:
Director Mauch moved that the Board convene into the Water Activity Enterprise, seconded by Director Kennedy. Motion unanimously carried.

At the conclusion of the Water Activity Enterprise meeting Director Esquibel moved to reconvene the District Meeting at 10:37 A.M., seconded by Director Mauch. Motion unanimously carried.

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

VISITORS PRESENT:
Dale Baker, CWPDA; Rodney Baird, La Junta Tribune Democrat; Phil Reynolds, SECWCD; Steve Wertz, Fort Lyon Canal; Dan Henrichs, Highline Canal; Brenda Fillmore, AGUA; Tom Musgrove, Bureau of Reclamation; Roy Vauguali; Bob Arambel, NRCS Amity; Bill Barlow, Eads City Council; Cardon Berry, Eads City Council; Jim Ramsay, Division of Wildlife; Kevin Salter, Kansas Department of Agriculture; Chris Woodka, Pueblo Chieftain; Mary Talanito, New Amity; Niles Stansfield; Kelly Roesch, High Plains; Virgil Cochran, Lamar Daily News; Dannie McMillan, City of Lamar; John Rose, Rural Water Providers; Frank Wallace, Bent County Commissioner; John Tonko, Colorado Division of Wildlife; Ross Manley, Senator Allard; Jake Klein, Otero County Commissioner; Tim Macklin, RC&D; Cindy Schleining, Bent Conservation District/ NRCS; Steve Witte, Colorado Division of Water Resources; Sal Pace, Congressman Salazar; Matt Heimerich, Crowley County Commissioner; Otis & Jennie Adrian, La Junta; Lynden Gill, Bent County Commissioner; Bill Long, Bent County Commissioner.

APPROVAL OF MINUTES:

TREASURER'S REPORT:
Director Whittaker reported that the financial report for the month of January was included in the Board's Monthly Meeting Packet. He reported that January total revenues at $22,979.37 with expenditures totaling $128,246.43. Director Whittaker noted that corrections to the Financial Report have been made and moved to accept the corrected January Financial Statement, seconded by Director Ridley and carried unanimously.

PRESENTATIONS:
Cardon Berry-Eads City Council came before the Board to discuss the possibility of creating Permanent Pools with irrigation water from the Fort Lyon and Amity canals in Kiowa County Lakes and Reservoirs such as The Great Plains Reservoir, Adobe Creek Reservoir and Blue Lakes.

Bill Long-Bent County Commissioner cautioned the Board of allowing water to leave the District and noted he is concerned with funding projects to store water in Kiowa County Reservoirs and Lakes.

Director Kennedy asked that more specifics be provided to the District Board before they can fund the project or support it.

Mr. Berry announced he is looking for a lead agency to sponsor the project.

Chairman Singletary noted that LAVWCD will support the project if it fits the Districts mission.

Tim Macklin-Bent County Tamarisk Working Group and RC&D gave a brief presentation of what the Bent County Tamarisk Working Group has accomplished, what they plan to accomplish and which agencies they work with. He then gave a handout of funding proposals and turned the presentation over to Cindy Schleining of Bent County. Ms. Schleining further covered the proposal topic and asked for funding from the Lower Arkansas Valley Water Conservancy District for Salary of a Full-Time employee, Oversight and Administration and Equipment costs.

General Manager Winner suggested donating the $3,241.08 from the Campaign Fund to the Bent County Tamarisk Working Group rather than the Tamarisk Coalition.

Director Whittaker moved to support their plan and provide the funding they have asked for up to $45,000 with the $3,241.08 from the Campaign fund subtracted with a total of $41,758.92. Conditions are for them to hire a part-time employee to begin with, and then turn the position into a full-time once other funding sources have come through for the salary, seconded by Director Kennedy. Motion unanimously carried.

Steve Witte-Colorado Division of Water Resources gave a handout of the Arkansas River Basin Snow pack and Winter Water Program Report. He further discussed the Kansas vs. Colorado Case and the deficit owed to Kansas. He noted that as of 2002 the deficit is 11,700 a/f.

General Manager Winner suggested funding the Fry-Ark Project by purchasing available water from the Pueblo Board of Water Works at $9.00 per acre foot in hopes of being reimbursed by a grant. Perhaps look at Larkspur Ditch Water.

Director Mauch moved to support the funding of the Fry-Ark Project by purchasing available water at $9.00 per a/f from the Pueblo Board of Water Works and to be reimbursed by a grant, seconded by Director Esquibel. Motion unanimously carried.

Dan Henrichs-Highline Canal came before the Board asking for support of continuation of one more year's lease between the Highline Canal and Aurora. He asked for a letter of support for the extra year lease.

General Manager Winner suggested the Board stay neutral.

Director Esquibel and Chairman Singletary noted that the Board has no objections but would like to take no position at this time. They would like to take the lease continuation under advisement.

Director Moore commented that there are other issues to consider for support of the lease.

COMMITTEE REPORTS:

Water Acquisition- Chairman Singletary noted that Director Mauch will now be the Chairman of the Water Acquisition Committee.

General Manager Winner reported that LAVWCD currently has 303 shares of Twin Lakes water leased.

He is currently working with Lee Wertz on a purchase of 644 shares of Fort Lyon water and 612 acres of farm land.

Personnel- Chairman Singletary noted that Director Kennedy will now be the Chairman of the Personnel Committee.

Director Esquibel moved to make Randa Morlan a permanent, hourly, full-time employee, seconded by Director Kennedy. Motion unanimously carried.

Director Esquibel moved to direct General Manager Winner to engage in negotiations and switch insurance providers to Fidelity Security Insurance, seconded by Director Moore. Motion unanimously carried.

Director Esquibel moved to have General Manager Winner research and develop a tuition and reimbursement program for LAVWCD employees, seconded by Director Mauch. Motion unanimously carried.

Liaison-Director Kennedy briefly reviewed the recent meeting in Pueblo with Senator Salazar and Congressman Salazar concerning LAVWCD's concerns with the PSOP legislation.

Chairman Singletary introduced a representative of Congressman Salazar's office in Pueblo, Sal Pace.

Mr. Pace gave the office number of John Salazar's office in Pueblo and noted that the Board may contact Mr. Pace at any time.

GM REPORT:
General Manager Winner gave a report on the recent meeting with Colorado Springs and noted the District should meet with the Commissioners within the valley and create a focus group to address their concerns.

Vice-Chairman Moore suggests General Manager Winner to meet with the Crowley County Commissioners quarterly to address their concerns.

Director Mauch suggested sending the District Board Meeting Minutes to each of the five counties.

General Manager Winner noted that the Arkansas Valley Land Trust will lose their office in November and asked the Board to allow him to continue the investigation and see if it is feasible to allow them to use the District office.

General Manager Winner announced that the appraisal for Gerald Jordan will start this week on the Colorado Canal/Lake Meredith.

Chairman Singletary thanked each of the members that attended the Senator Salazar and Congressman Salazar meeting in Pueblo on January 29, 2005.

Chairman Singletary asked each of the Board members to provide a brief report or update each month of water issues they were involved in.

LEGAL REPORT:
High Plains A&M- Attorney Mendenhall reported that SECWCD has filed a motion to consolidate the two High Plains cases in the Supreme Court. The motion does not include the ISG case. High Plains has refused to consent to the motion, although they had previously moved to consolidate the cases. That motion was denied.

He reported that High Plains, ISG and Aurora have filed their opening briefs. Aurora had consent to file opening briefs although they are objectors. Aurora supports the position of the High Plains issue on the speculation issue. LAVWCD has moved for an extension of time for answering the briefs until March 3, 2005 and the motion has been granted.

AGUA Case- Attorney Mendenhall reported that LAVWCD has received a proposed ruling in the AGUA case. An engineering review is needed to respond to the proposal. He noted that the Board needs to authorize Counsel for engineering.

Director Esquibel moved to authorize Counsel and General Manager Winner to engage in the needed engineering, seconded by Director Mauch. Motion unanimously carried.

Attorney Mendenhall suggests the Board file a statement of opposition in the Chaffee County RLCD Case.

Director Esquibel moved to allow Attorney Mendenhall to file a statement of opposition in the Chaffee County Case, seconded by Director Kennedy. Director Whittaker voting nay, motion was passed with a vote of 6-1.

Attorney Mendenhall asked that the Board allow him to use discretion in the filing of the opposition.

Director Esquibel moved to direct Attorney Mendenhall and Peter Nichols to review, research and engage in allocating principals in enabling legislation of SECWCD and to authorize Attorney Mendenhall to draft a letter to send to any agency or entity that has engaged in an IGA pursuant to PSOP and asking them to provide signed and executed IGA's and any other documents that may accompany those LAVWCD has not yet received, seconded by Director Kennedy. Motion unanimously carried.

PUBLIC COMMENT:
Mr. Dale Baker of CWPDA thanked the Board for their help on the depletions owed to Kansas.

ADJOURNED:
Chairman Singletary asked if there were any other matters to come before the Board. Hearing none, motion was made by Director Esquibel, seconded by Director Ridley to adjourn the meeting. Motion unanimously carried. Meeting was adjourned at 12:09 P.M.