May 16, 2007 Minutes-Board Meeting
The regular monthly meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, May 16 2007 at 10:00 AM, at 801 Swink Avenue, Rocky Ford, CO 81067.
Chairman Singletary announced a quorum was present with all Board Members Present.
DIRECTORS PRESENT:
John Singletary-Chairman
Pete Moore-Vice Chairman
Melissa Esquibel-Secretary
Wayne Whittaker-Treasurer
Loretta Kennedy
Lynden Gill
Leroy MauchDISTRICT STAFF:
Jay Winner-General Manager
Bart Mendenhall-Attorney
Bill Hancock-Conservation Program Manager
Kim Chavez-Financial Coordinator
Carla Aragon-Quezada-Administrative AssistantMOTION TO ENTER INTO WATER ACTIVITY ENTERPRISE:
Director Esquibel 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 Moore moved to reconvene the District Meeting at 10:09 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 which they represent.
VISITORS PRESENT:
Del Nimmo, Colorado State University (CSU) – Pueblo/Biology; Ken Weber; Virgil Cochran, SE Land and Environment; Rich Kienitz, Aurora, Tom Simpson Aurora; Tabitha Fleming, La Junta Tribune Democrat; Alan Ward, Pueblo Board of Water Works; Chris Woodka, Pueblo Chieftain; Brenda Fillmore, Arkansas Ground Water Users Association (AGUA); Kelly Roesch, High Plains/Pure Cycle; Fred Heckman, Fort Lyon Farmer; Pat Edelman, USGS; Rebecca Mitchell and Zeth Turner HDR Engineering; Ken Weber; Jim Valliant, CSU; Greg Woodward, Stantec; and Matt Proctor, Farmer.
APPROVAL OF MINUTES:
TREASURER’S REPORT:
Director Whittaker reported that the financial report for the month of April was included in the Board’s Monthly Meeting Packet. He reported April total revenues of $ 143,186.05 and total expenditures of $252,945.73. Director Whittaker moved to accept the April Financial Statement, seconded by Director Moore and carried unanimously.
GM REPORT:
General Manager Winner has just returned from Mexico and now refreshed with energy. He introduced Pat Edelmann for an update.
PRESENTATIONS:
Pat Edelmann, United States Geological Survey (USGS)—Pat Edelmann gave a general overview of flows in the basin. He reported that stream flow were 100,000 acre foot of water passed in Arkansas River Gap-Avondale east of Pueblo, with 37,000 AF coming from Fountain Creek. There have been eight (8) major storms that occurred since April 1, 2007. Mr. Edelmann reported that E. coli counts during the storm measure 2,000 to 4,000 colonies per millimeter, which is lower than 10,000 to 30,000 range of normal.
General Manager Winner introduced Del Nimmo, CSU Pueblo.
On May 17, 2007 at 10:30 a.m. at the University there will be a ribbon cutting ceremony on a machine called Inductively Coupled Plasma Mass Spectrometer (ICP-MS). The instrument provides chemical analysis of metal and other element of interest using methodologies approved by the Environmental Protection Agency. General Manager Winner asked Board members to attend if they could. The ceremony will be at CSU Chemistry Building.
Mr. Nimmo gave an update on a three-year, $1 million comprehensive study of water quality on Fountain Creek to the Lower Arkansas Valley Water Conservancy District, which last year kicked the study off with a $200,000 contribution. Part of the funding helped pay for a sophisticated piece of equipment called an “inductively coupled mass spectrometer (IC-MS),” which can analyze chemicals and elements in water and tissues.
Mr. Nimmo shared some of the results from among the dozens of materials that are being measured in the study. He said more partners are needed to fund the study, although it has enough money to continue through the end of the year.
Mr. Nimmo speculated that the bacteria are flushed out from streets, parks, lawns, fields and sediments in the Fountain Creek channel during storms.
“There is a correlation between flow and E. coli, but it’s not due to the flow itself,” Nimmo said.
“It depends on the time the sample is taken. Materials collect quickly and the initial flow flushes them off.”
Sampling of pore water which is taken from below river bed level and shows extreme elevation of selenium in the sediment at the U.S. 50 site could possibly indicate selenium is stored in sediments and released when higher flows roil the water. Similar situation were found with zinc in southwest Colorado Springs on Upper Fountain Creek near the Gold Hill Mesa development. Elevated levels of zinc were found below the site, affecting the total load all the way to the Fountain confluence.
Mr. Nimmo said, zinc is found in higher quantities in pore water than in dissolved concentrations.
The mass spectrometer is capable of analyzing water, plant and animal samples to concentrations in parts per billion, which will be helpful in determining compliance with tighter state and federal water quality standards. He also stated, it’s important to have the personnel in Pueblo.
A short question & answer session following the presentation.
General Manager Winner asked, how many events do we have in a year? Nimmo stated, can’t give accurate number it’s been a wet spring. Some of our highs have been in the spring. We get different storms that occur during the spring period than we get in the summer. Their small extent storms in the summer. Spring is more regionally broad.
Chairman Singletary, E. coli the amount isn’t going to help the amount dilute it. It’s not going to be the solution. Is it safe to say that this is a collection? Because the flood is collecting bad stuff quickly and sending it downstream.
Nimmo, speculated that the bacteria are flushed out from lawns, streets, parks, fields, and livestock. In addition to all the number we have preserved the entire organism on filters and stored at 80 degrees below zero.
Chairman Singletary, Is that good?
Nimmo, “Yes, that’s good, they’re not going to get away from us”. Whenever the DNA procedure is affected we have someone working on it. Testing on which one they should use. So we can analyze the DNA from these events. If a new one comes along they will have a preserve to run the DNA. All these samples are stored and are still viable for future use. We focus on selenium and zinc. Selenium is very important. Selenium Total means it didn’t filter water sample has all material. Selenium Dissolved, it’s available to organism (toxic) portion. Total and Dissolved not a lot difference between the two for selenium.
General Manager Winner asked, If there were any questions from the Board? No further questions.
GM REPORT:
General Manager Winner directed the Directors to Tab 1 of the board packet. A gentleman by the name of Hans Friederichs would like for us to purchase his property. Located ½ mile SW of Wiley, Colorado. They have a total of 157.29 acres at the corner of County Roads LL and 35, Wiley, Colorado. I think there is more information on this piece of property. My suggestion to him would be to put a conservation easement on it first because, on the proposal of purchase, if you buy it and put a conservation easement on it and lease it back to him. I feel we need more information of this.
General Manager Winner directed the Directors to Tab 2 of the board packet. The Minnequa Lake Project, City of Pueblo has asked for extension on GOCO Grant. There is lots of work left to do on Minnequa. A letter of intent to purchase has been given to Orvin Steele. I feel it has been moving in couple of years in negotiations.
FYI:
Vision Task Force in Fountain Creek will be doing a sediment experimentation that will be done on June 10th & 14th or June 14th & 18th. It’s worth getting involved in sedimentation technology. General Manager Winner stated, in Mexico that they used to keep the ports open where the big ships can get into like the bathroom it comes from streamside, like the same habitant technology they take sedimentation out of the water.
General Manager Winner stated He received a letter from Congressman John T Salazar opposing any expansion of Pinon Canyon.
General Manager Winner stated that Conservation Easement Workshops were well attended. Mention that Kim Chavez has been doing a good job putting these workshops together. Bill Hancock has been doing a good job speaking. Next workshop is at the Union Depot in Pueblo on May 23, 2007.
General Manager Winner introduced Peter Nichols, attorney with Trout, Raley, Montano, Witwer & Freeman, P.C.
Peter stated, we are trying to move forward to bring together the Land Fallowing Water Leasing Program. We’ve been talking to water users- leases and have been approached by Pike Peak Regional Water Authority with an association of some dozen or more entities in Northern El Paso, central El Paso County area which are primary depended on ground water. They are interested in leasing water to replenish the Denver Basin. They want to negotiate a deal, we want them to adopt inclusive negotiation agreement with them to protect us. They have signed it and I would like the board’s permission for the Chairman on behalf of Lower Arkansas Valley Water Conservancy District, so that we can precede with negotiations with Pikes Peak Regional Water authority for leasing the water through land fallowing leasing program.
General Manager Winner asked if we need a motion. Chairman Singletary stated we have a copy of the motion. Pikes Peak Regional Water Authority is interested in leasing water from the Lower Arkansas River Valley. Lower Arkansas Valley Water Conservancy District (LAVWCD) is developing a land fallowing-water leasing program for the Lower Arkansas River Valley to supply leased water to water users. Pikes Peak Regional Water Authority has proposed a Memorandum of Understanding for Leasehold Interest in Water Rights. The Parties desire to negotiate an agreement to supply Pikes Peak Regional Water authority with leased water from the land fallowing-water leasing program.
General Manager Winner stated basically we don’t want Pikes Peak Water Authority and other entities to drive the price down and we’re trying to drive the price of water up.
Director Whittaker moved for approval of Chairman Singletary to sign, seconded by Director Esquibel. Motion unanimously carried.
President’s Report:
Chairman Singletary gave a short discussion on PSOP he stated, “The last 12 to 14 months negotiations on an agreement with Colorado Springs that will provide water quality as it returns to Arkansas Valley similar to that taken by Colorado Springs from Pueblo Reservoir and been engaged in negotiations.” Their main job is going to be Fountain Creek. We brief the board in executive session that we’re still in negotiations.
Senator Salazar has engaged himself to Fountain Creek a commitment with Colorado Springs and all those up and down in order for Congress to move along. Making sure Arkansas Valley lives on. We’re in the right direction where LAVWCD is with Colorado Springs Utilities Board and upper district in a resolution. We need to appreciate Senator Salazar for commitment to finding a common ground. A place where the Lower Arkansas can sustain the use of the co-water use. “We’re trying to reach a solution that makes a commitment so that one party is not taken out of the picture for the future, we would be left with tumbleweeds, jackrabbits and rattlesnakes.”
Chairman Singletary stated, “Bureau Reclamation coming up on June 4th & 6th and who knows what they’ll do on their contract in terms of Aurora”.
Chairman Singletary asked if the were any questions from the board? No further questions.
COMMITTEE REPORTS:
Personnel: Director Kennedy I’m going to move to General Manager Winner for some new development. Mr. Chairman and board, Carla Aragon-Quezada will be taking Rachel Bogner’s place on a full time bases.
Liaison: Director Kennedy stated, General Manager Winner, Peter Nichols and I went to Lake County to meet with the Board of County Commissioner. They wanted to ask some questions that they felt they needed to be answered legally.
Today Chairman Singletary and I will be going to Kiowa County to talk to the growers about their product motor oil.
Legal: Director Esquibel had nothing to report.
LEGAL REPORT:
Bart Mendenhall stated, we continue to work on Conservation easements. We closed an Easement in Pueblo County on Friday. This particular one had been especially difficult because of problems getting subordination from the lender.
The Trinidad seminar on conservation Easements was well attended. Many of the attendees were ranchers so their easements could go the Colorado Cattleman’s Association Land Trust.
Bill Hancock and I are working on new application form for conservation easement deed.
Peter and I are working to develop a response to a letter from a Conservation Easement Donor’s attorney.
We continue to work on the due diligence issues on the Larkspur.
Chairman Singletary thanked Director Mauch for delivering a $5,000 check to the town of Holly on behalf of LAVWCD.
Chairman Singletary asked Board Directors if they wanted to comment on the letter from Congressman Salazar?
Director Gill stated, “The board should send a letter opposing the Pinon Canyon Expansion”. “We strongly support the military as a whole”. Director Mauch moved to writing letter and seconded by Director Esquibel. Motion unanimously carried.
Chairman Singletary asked HDR if they had any comments. Rebecca Mitchell stated, they’re putting the whole draft report that involve engineering and economic study to review and probably some changes to be made and then the final report will come out. Peter Nichols should know who to distribute to. Then in 2 weeks have the rest of the report.
PUBLIC COMMENT:
Chairman Singletary asked if there were any comments.
Edelmann asked Peter, What’s the next step in negotiations for Pikes Peak? We want to get it signed today, so we can get together the next two days
Edelmann asked, “How does that involve the farmer and agriculture”?
Peter stated, “A Letter of intent to enter into an agreement on the Fallow Water Lease Program.” They have propose 12,000/acre to 25,000/acre per year. HDR and I are working on this agreement to report back to you.
We would like to set up a meeting with “Super Ditch”. We want some kind of organization on how operational procedures and by-laws should be done etc.
ADJOURNED:
Chairman Singletary asked if there were any other matters to come before the Board. Hearing none, motion was made by Director Mauch, seconded by Director Esquibel to adjourn the meeting. Motion unanimously carried. Meeting was adjourned at 11:32 A.M.