May 19, 2010 Minutes-Board Meeting

The regular monthly meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, May 19, 2010 commencing at 10:17 A.M, at 801 Swink Avenue, Rocky Ford, CO 81067.

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

DIRECTORS PRESENT:
Pete Moore-Chairman
Lynden Gill-Vice Chairman
Wayne Whittaker-Treasurer
Leroy Mauch
Anthony Nunzez
Reeves Brown

DIRECTORS EXCUSED:
Melissa Esquibel-Secretary

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 Gill moved that the Board recess the regular Board Meeting and open the Water Activity Enterprise meeting, seconded by Director Nunez. Motion unanimously carried.

At the conclusion of the Water Activity Enterprise meeting Director Nunez moved to adjourn the Water Activity Enterprise meeting and reconvene the District Meeting at 10:21 A.M., seconded by Director Brown. 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:
Roy Vaughan, BOR; Alan Ward, PBWW;  Rick Kienitz,  Aurora; Alan Ward, PBWW; Dan Henrichs; Rick Kienitz, Aurora Water; Jim Sandoval, Otero County Commissioner; Jim Valliant, CSU; Pat Edelmann, USGS; Michael Daskam, NRCS;  Dwight Gardner, Senator Bennet’s office; Mary Miller, NRCS; Ann Lopkoff, CWPDA; Burt Heckman, Super Ditch; Fred Heckman, McClave;  Loretta Kennedy, Congressman Salazar’s Office; Steve Witte, Division II Engineer; John Schweizer, Super Ditch; Brenda Fillmore, LAVWCD; Bill Hancock, LAVWCD; Chris Woodka, Pueblo Chieftain.

APPROVAL OF MINUTES:

• April 21, 2010 Monthly Board Meeting Minutes- Chairman Moore asked if the Board members had reviewed the minutes for the April 21, 2010 Board meeting and whether there were any corrections or additions. Director Whittaker moved to approve the minutes for April 21, 2010, seconded by Director Nunez.  Motion unanimously carried. 

• April 21, 2010, Work Session Meeting Minutes - Chairman Moore asked if the Board members had reviewed the minutes for the April 21, 2010 Work Session meeting and whether there were any corrections or additions.  Director Whittaker moved to approve the minutes for April 21, 2010, seconded by Director Nunez.  Motion unanimously carried. 

TREASURER’S REPORT:
Chairman Moore reported that the financial report for the month of April was included in the Board’s Monthly Meeting Packet. Treasurer Whittaker reported April total revenues $378,116.72 and total expenditures $138,704.65 with total net $239,412.07.  Director Whittaker moved to accept the April Financial Statement, seconded by Director Brown.  Motion unanimously carried.

GM REPORT:
General Manager Winner wanted to thank Director Nunez for his part on the resolution opposing the dry-up of agricultural land in the Lower Arkansas River Valley and supporting land fallowing water leasing for the benefit of the Southeastern Colorado.

PRESENTATION: 
General Manager Winner introduced Michael Daskam with Natural Resource Conservancy Service (NRCS).
Mr. Daskam gave a power point presentation on tamarisk, which is attached to the minutes as Exhibit A. 

General Manager Winner introduced Pat Edelmann with USGS.
Mr. Edelmann gave a power point presentation on Saltcedar and Russian Olive Control Demonstration Act Science Assessment, which is attached to the minutes as Exhibit B. 

General Manager Winner introduced Steve Witte with Colorado Division II Engineer. 
Mr. Witte gave an update on the Irrigation Efficiency Rules.  Mr. Witte stated the State is applying for rules to ensure that irrigation efficiency improvements do not increase consumptive use by irrigators in the valley.  He stated that he and the State Engineer Dick Wolfe have conducted meetings with affected parties throughout the valley over a two year period before filing the rules last year. 

Mr. Witte stated that after the consumptive use rules were filed in September 2009 there were more than twenty statements of opposition throughout the valley that were filed in Division II Water Court.  The state met with attorneys in the case on April 29, 2010.  On May 3, 2010 they had a meeting with experts hired by opponents, to sort through the issues. He stated the discussion was good, and helped to resolve the misunderstanding of the rules by some of those who were not on the advisory committee.  There might be a trial date possibly in November 2010.

General Manager introduced Roy Vaughan with Bureau of Reclamation (BOR).  Mr. Vaughan gave an update on the Fryingpan-Arkansas Project and its imports, which is attached to the minutes as Exhibit C.

DIRECTORS DISCUSSION:  None

BOARD ACTION:
Director Mauch moved to support $35,000.00 to Prowers County’s Tamarisk Eradication Program as it benefits our mission to remove tamarisk and conserve and protect water quality,  Seconded by Director Gill.  Motion unanimously carried.

Director Whittaker moved to write support letter for Aaron Million’s project, without a commitment, seconded by Director Nunez.  Motion unanimously carried.

LEGISLATIVE REPORT:  None

COMMITTEE REPORTS:
Personnel: None.

Acquisition: None.

LEGAL REPORT:
Attorney Bart Mendenhall: A copy of Attorney Mendenhall’s legal report is attached to the minutes as Exhibit D.

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

ADJOURNED:
Chairman Moore asked if there were any other matters to come before the Board.  Hearing none, motion was made by Director Brown, seconded by Director Gill to adjourn the meeting.  Motion unanimously carried.  Meeting was adjourned at 12:50 A.M.