March 21, 2007 Minutes-Board Meeting

The regular monthly meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, March 21, 2007 at 10:00 AM, at 801 Swink Avenue, Rocky Ford, CO 81067.

Chairman Singletary announced a quorum was present with an excused absence being given to Director Mauch.

DIRECTORS PRESENT:
John Singletary-Chairman
Pete Moore-Vice Chairman
Melissa Esquibel-Secretary
Wayne Whittaker-Treasurer
Loretta Kennedy
Lynden Gill

DIRECTORS EXCUSED:
Leroy Mauch

DISTRICT STAFF:
Jay Winner-General Manager
Bart Mendenhall-Attorney
Bill Hancock-Conservation Program Manager
Kim Chavez-Financial Coordinator
Rachel Bogner-Administrative Assistant

Chairman Singletary stated that the IGA about Fountain Creek had already been signed by the Mayor of Colorado Springs and was now waiting on his signature. Chairman Singletary introduced Bruce McCormick and Wayne Vanderschuere of Colorado Springs Utilities who where in attendance to witness the signing and take a copy of the document back to Colorado Springs.

Bruce McCormick, Chief water officer for Colorado Springs Utilities, stated that this has established a trusting relationship with the Lower Arkansas Valley Water Conservancy District (LAVWCD). He also stated this will give a jump start on getting solutions on the Fountain Creek accomplished and that Colorado Springs appreciates being in this partnership.

John Singletary stated that this project has taken two years of cooperation and that it will be a big benefit to the Lower District. He said that this shows a commitment between the two entities. Each entity has committed $150,000 this year to fund a person whose only job will be Fountain Creek.

Director Kennedy stated that twenty-two different entities have come together on the Fountain Creek issue. These entities needed a coordinator to work just on the Fountain. Director Kennedy thanked Colorado Springs Utilities for assisting in the issue and stated that hopefully now the group on the Fountain Creek issue will be able to move closer to reaching their goals with the Fountain.

MOTION TO ENTER INTO WATER ACTIVITY ENTERPRISE:

Director Esquibel moved that the Board convene into the Water Activity Enterprise, seconded by Director Whittaker. Motion unanimously carried.

At the conclusion of the Water Activity Enterprise meeting Director Esquibel moved to reconvene the District Meeting at 10:20 A.M., seconded by Director Whittaker. 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 which they represent.

VISITORS PRESENT:

Mike Hickman, Lake County; Carl Schaefer, Lake County; Ken Olsen, Chair Lake County Commissioners / Lake County Advisory Board; Greg Kolomitz, Solutions West; Virgil Cochran, SE Land and Environment; Fred Heckman, Fort Lyon Farmer; G.W. Werdel, Larkspur; Rod Brown, Kiowa County; Cardon Berry, Eads Town Council; Ken Weber; Donald Oswald, Kiowa County; Tom Simpson, Aurora Water; Rich Kienitz, Aurora Water; Barbara Bolinger, La Junta Tribune Democrat; Kelly Roesch, Pure Cycle; Del Nimmo, Colorado State University (CSU) – Pueblo/Biology; Doug Montgomery, City of Lamar; Chris Woodka, Pueblo Chieftain; Alan Ward, Pueblo Board of Water Works; Brenda Fillmore, Arkansas Ground Water Users Association (AGUA); John Merson, John Martin State Park; and Todd Marriott, John Martin State Park.

APPROVAL OF MINUTES:

TREASURER’S REPORT:

Director Whittaker reported that the financial report for the month of February was included in the Board’s Monthly Meeting Packet. He reported February total revenues of $101,802.14 and total expenditures of $130,996.67. Director Whittaker moved to accept the February Financial Statement, seconded by Director Kennedy and carried unanimously.

GM REPORT:

General Manager Winner introduced Cardon Berry of Ead’s City Council to discuss the possibility of Kiowa County’s inclusion within the District.

PRESENTATIONS:

Cardon Berry – Cardon Berry stated that Kiowa County would like to try to work with the LAVWCD to have a permanent pool of water in Kiowa County. The lakes are in Kiowa County that would be used for storage, though they are not located in the Arkansas Valley. Even though they are not located in the Valley, Amity Ditch and the Fort Lyon Canal both store water in those lakes.

Cardon Berry suggested that the water could be leased or sold to help bring funding into the Southeastern part of the state, as well as recreational use to Kiowa County. He stated that the question is how Kiowa County should become a member, whether a full-member, an associate member, or only part of Kiowa County should be a member. Mr. Berry requested direction from the Board.

A Kiowa County Commissioner stated they would like to have a specialty ballot in November 2007 to have the county vote on the issue. He stated that being an associate member probably would not work, though they would need to find out what Kiowa County wants to do.

The Commissioner stated that a ramp had been built on one of the lakes in Kiowa County for recreational use, and had not been able to be used for two years for lack of water.

After a brief question and answer session, General Manager Winner requested direction from the Directors on the Kiowa County Inclusion.

Director Kennedy stated that the Kiowa Commissioners need to get information from the communities. If Kiowa County does want to be included, the Board will then take a vote and decide what to do with Kiowa.

Chairman Singletary gave direction to Kiowa County to discuss the inclusion with their county and the Directors will discuss the option as well with the Board giving a report on the issue at the next meeting.

General Manager Winner introduced Ken Olsen of Lake County.

Ken Olsen stated that the County had put the inclusion issue on Lake County’s November ballot to find out if Lake County Commissioners should spend time talking with Water Conservancies. This action gave the commissioners backing from their county. Ken Olsen stated he was sharing Lake County’s experience to help give direction to Kiowa County.

General Manager Winner stated he had five questions to complete the survey from Lake County and will return the survey to Lake County within ten days.

GM REPORT:

General Manager Winner stated that a summary on the land fallowing leasing program will be given to the Lower District. The District is looking at the 1041’s to make sure that everything has been addressed.

General Manager Winner stated that there was a document included in the board packet about conservation easements. He stated that the document indicates that there are 139 easements that are at risk with 44 easements being located in Otero County. The IRS has already denied a conservation easement in Fowler, CO. The District has none of their easements on the list of at risk easements. General Manager Winner requested to know how involved the Board would like him to be in dealing with this issue. The LAVWCD Board of Directors indicated they do not want General Manger Winner to get involved with dealing with the at risk easements because none of the at risk easements belong to the District.

General Manager Winner stated that the District Retreat planning will begin in the next 30 days.

General Manager Winner stated that there is a funding request from the South East Water Conservancy District (SECWCD). He stated that the request was for $22,000 for Tamarisk and SECWCD trying to get all the counties involved. He said currently this amount is not in the District’s budget.

General Manger Winner indicated he is concerned on how the SECWCD spends its money. He stated that the South East already has received $28,000 and received $50,000 from the Round Table. The South East was originally looking for $50,000.

Director Gill stated that it is important to support the Tamarisk program, though the District should take notice of the funding issues of the SECWCD.

After Board discussion, the Board decided to have Chairman Singletary look into federal funding on the Tamarisk Program and until more information is provided, will not take any action. General Manager Winner will further look more into the funding request.

PRESIDENT’S REPORT:

Chairman Singletary stated the he had attended water law classes where Peter Nichols and Jerry Kenny had presented the water program. He stated that the presentation went well.

Chairman Singletary stated the Colorado Conservation Board met last week and the water program was presented there also.

Chairman Singletary stated that Steve Holdrom, who was retained by the District as lobbyist, has been watching legislation and has been doing a good job.

COMMITTEE REPORTS:

Personnel: Director Kennedy introduced Rachel Bogner’s newborn son, Hunter Bogner, as the newest member of the District. She also introduced Carla Quezada as Rachel Bogner’s temp and stated she is doing a wonderful job.

Liaison: Director Kennedy had nothing to report.

Legal: Director Esquibel stated that the District has not been sued and no one has been arrested, so things are good.

LEGAL REPORT:

Attorney Mendenhall stated there continues to be increased scrutiny of conservation easements by the IRS and that there is a new question about easements to Form 990, the income tax return for charitable organizations. He suggested paying attention to this change before the IRS shows up.

Attorney Mendenhall stated that the Palo Verde trip went extremely well. He said it is important for locals to hear the information from the trip. He believes that the farmers are ready to work together instead of against each other.

Attorney Mendenhall stated that the “Blue Moon over the Mountains” conservation easement has now closed.

Attorney Mendenhall stated that the easement located in Northeast Pueblo County seems to have a terrible appraisal.

Attorney Mendenhall stated that Attorney Nichols had sent information that needs addressed. An action needs to be taken and requests to file for party status in the water quality control commissions triennial review of classifications and standards. Director Whittaker moved to grant authorization to file for party status, seconded by Director Moore. Motion carried unanimously.

PUBLIC COMMENT:

Fred Heckman thanked the Board for allowing the farmers to attend the California Trip.

Del Nimmo stated that his project has begun. He discussed the draft he had passed out during the last board meeting and stated it had been updated. He said the title of the draft has changed and the last two pages are new. He also handed out the preliminary report to the Board.

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 Kennedy to adjourn the meeting. Motion unanimously carried. Meeting was adjourned at 11:45 A.M.