April 21, 2010 Minutes-Board Meeting

 

The regular monthly meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, April 21, 2010 commencing at 10:15 A.M, at 801 Swink Avenue, Rocky Ford, CO 81067.

Chairman Moore announced a quorum was present with Director Mauch being excused.

DIRECTORS PRESENT:
Pete Moore-Chairman
Lynden Gill-Vice Chairman
Wayne Whittaker-Treasurer
Melissa Esquibel-Secretary
Anthony Nunez
Reeves Brown

DIRECTOR ABSENT:
Leroy Mauch

DISTRICT STAFF PRESENT:
Jay Winner - General Manager
Bill Hancock - Conservation Program Manager
Carla Aragon-Quezada- Office Manager
Brenda Fillmore - Finance/Water
Bart Mendenhall - Attorney
Peter Nichols - Attorney

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

At the conclusion of the Water Activity Enterprise meeting Director Esquibel moved to adjourn the Water Activity Enterprise meeting and reconvene the District Meeting at 10:20 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:
Gregg Ten Eyck, Leonard Rice Engineering; Heath Kuntz, Leonard Rice Engineering; Rick Kienitz,  Aurora; Alan Ward, PBWW; GW, Larkspur; Jim Sandoval, Otero County Commissioner; Keith Goodwin, Otero County Commissioner; Bill Hancock, LAVWCD;   Richard White, White & Company; Pat Hancock, White & Company; Jim Valliant, CSU; Mary Miller, NRCS; Pat Edelmann, USGS; Mike Bartolo, CSU Research;  Dan Henrichs, Rocky Ford Highline; Ann Lopkoff, CWPDA;  Ken Weber, Pueblo; Loretta Kennedy, Congressman Salazar’s Office; Gloria Gutierrez, Senator Udall’s Office; John Schweizer, Super Ditch;  Henry Schnabel, Prowers County Commissioner; Brenda Fillmore, LAVWCD; Chris Woodka, Pueblo Chieftain.
 

APPROVAL OF MINUTES:

• March 17, 2010 Monthly Board Meeting Minutes- Chairman Moore asked if the Board members had reviewed the minutes for the March 17, 2010 Board meeting and whether there were any corrections or additions. Director Nunez moved to approve the minutes for March 17, 2010, seconded by Director Esquibel. Motion unanimously carried. 

• March 17, 2010, Work Session Meeting Minutes - Chairman Moore asked if the Board members had reviewed the minutes for the March 17, 2010 Work Session meeting and whether there were any corrections or additions.  Director Esquibel moved to approve the minutes for March 17, 2010, seconded by Director Whittaker.  Motion unanimously carried. 

TREASURER’S REPORT:
Chairman Moore reported that the financial report for the month of March was included in the Board’s Monthly Meeting Packet. Treasurer Whittaker reported March total revenues $184,976.21 and total expenditures $114,816.61 with total net $70,159.60.  Director Whittaker moved to accept the March Financial Statement, seconded by Director Gill.  Motion unanimously carried.

GM REPORT:
General Manager Winner stated he was invited to be on KCSJ radio station of Pueblo on April 20, 2010.  He stated that it was a learning experience and he got asked to come back sometime in June.

General Manager Winner gave an update on the Arkansas Basin Roundtable.  He wanted to remind people that there is money out there.

PRESENTATION: 
General Manager Winner introduced Richard White of White & Company.
Mr. White stated that all the Board Members had a copy of the December 31, 2009 Financial Statements. He stated that after the Board Members had time to review the document, if there were any questions, to contact him.  Mr. White briefly discussed each financial statement in the hand out and stated that the District was in complete compliance with their budget which is attached to the minutes as Exhibit A. 

General Manager Winner introduced Aaron Million with Flaming Gorge.
Mr. Million gave a power point presentation on Regional Watershed Supply Project, which is attached to the minutes as Exhibit B.  Also, Mr. Million asked for a letter of support from the board.

General Manager Winner introduced Gregg Ten Eyck of Leonard Rice Engineering. 
Mr. Ten Eyck gave two (2) power presentations one (1) Colorado Water Conservancy Board (CWCB) Grant on Water Leasing – Super Ditch Company, two (2) Rule 10 Plans, which is attached to the minutes as Exhibit C.

Attorney Nichols gave an update on the “Tipping Point Study”, which is attached to the minutes as Exhibit D.

DIRECTORS DISCUSSION:
Directors agreed to table the Intergovernmental agreement (IGA) between LAVWCD and Otero County Commissioners until General Manager Winner has a chance to meet with the Commissioners.

Attorney Nichols gave an update on BOR WaterSMART grants program.  He stated it’s a grant program for a project to conserve and use water more efficiently, increase the use of renewable energy, protect endangered and threatened species, facilitate water markets, or carry out other activities to address climate-related impacts on water or prevent any water-related crisis or conflict.  It’s a 50% match program; the match would come from the settlement money from Aurora’s.  They committed $125,000/year to the District.  Leonard Rice Engineering will do the modeling, some other measurement and fiscal device that will be used.  He stated this will benefit BOR and Southeast District as well.

Director Whittaker moved to authorize General Manager Winner to sign BOR WaterSMART grant in the FY2010 cycle, seconded by Director Brown.  Motion unanimously carried.

BOARD ACTION:
Director Whittaker moved to accept and approve the December 31, 2009 Audit Report, seconded by Director Nunez.  Motion unanimously carried.

Resolution 10-02
Director Gill made motion for the Lower Arkansas Valley Water Conservancy District a resolution in opposition to the adoption of 2010 Ballot Initiative Nos. 10, 12 and 21.  Because, if adopted, they would have severe negative effects on the citizens of the Lower Arkansas Valley Water Conservancy District, seconded by Director Esquibel, to adopt Resolution 10-02, motion unanimously carried.

Director Nunez made motion to support $70,000.00 to Southeast Colorado Water Conservancy District’s Water Activity Enterprise for the Arkansas Valley Conduit as it benefits our mission to conserve and protect water quality, seconded by Director Whittaker.  Motion unanimously carried.

Director Esquibel moved to accept and approve based on prior discussion we adopt the slightly amended Mission Statement as discussed, seconded by Director Whittaker.  Motion unanimously carried.

Director Esquibel moved to authorize staff to send out letters regarding that Lower Arkansas Valley Conservancy District will not be leasing water from the town of Olney Springs, the town of Ordway and the town of Crowley, to benefit our mission to conserve and protect water quality, seconded by Director Nunez.  Motion unanimously carried.

Director Esquibel moved to authorize staff to sign the Colorado Water Conservation Board (CWCB) contract agreement C154165.  Funds for technical and legal services and acquisition of water are provided to develop and implement a Compact Compliance Plan pursuant to Rule 10 of the State Engineer’s proposed Rules Governing Improvements to Surface Water Irrigation Systems in the Arkansas River Basin as it benefits our mission to conserve and protect water quality, seconded by Director Brown.  Motion unanimously carried.

LEGISLATIVE REPORT:  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 E.

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

ADJOURNED:
Chairman Moore asked if there were any other matters to come before the Board.  Hearing none, motion was made by Director Esquibel, seconded by Director Nunez to adjourn the meeting.  Motion unanimously carried.  Meeting was adjourned at 11.57 A.M.