July 14, 2004 Minutes-Board Meeting
The regular monthly Board meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, July 14, 2004 following the 10:00 A.M., at 801 Swink Avenue, Rocky Ford, Colorado 81067.
Chairman Mauch announced a quorum was present.
DIRECTORS PRESENT:
Leroy Mauch- Chairman
John Singletary-Vice Chairman
Pete Moore-Treasurer
Ollie Ridley - Secretary
Loretta Kennedy
Melissa Esquibel
Wayne Whittaker
DISTRICT STAFF:
Julie Scaplo-General Manager
Bart Mendenhall-Attorney
Kim Chavez-Administrative Coordinator
Randa Morlan-Temporary Hourly AideINTRODUCTION OF VISITORS:
Chairman Mauch welcomed each of the visitors during the Water Activity Enterprise meeting where the visitors introduced themselves and identified the organization they represented.VISITORS PRESENT:
Rodney Baird, La Junta Tribune Democrat; Ken Ullom, Farmer; Karl Licis, Pueblo Chieftain; Dannie McMillan, City of Lamar; Virgil Cochran, Lamar Daily News; Dale Baker, CWPDA; Brenda Fillmore, AGUA; Kevin Salter, KDA/DWR; Jim McGrady, Colorado Springs Utilities; Jim Broderick and Phil Reynolds, SECWCD; Gary Bostrom, Colorado Springs Utilities, Alan Hamel and Alan Ward, Pueblo Board of Water Works; Doug Kemper, City of Aurora; Randy Gomez and Dan Corsentino, Corsentino for Congress.CHAIRMAN'S REPORT:
Chairman Mauch read a Thank you letter from Matt Heimerich, Crowley County Commissioner for the Legal expense assistance in support of the minority shareholder of Colorado Canal. The minority shareholders have incurred several thousand dollars of legal expenses evaluating the recent IGA between Pueblo, Colorado Springs Utilities, Aurora and the Colorado Canal.APPROVAL OF MINUTES:
Chairman Mauch asked if the Board members had reviewed the minutes for the June 9, 2004 Board Meeting and the May 26, 2004 Special Meeting. Director Mauch asked whether there were any corrections or additions to the minutes. Director Wayne Whittaker suggested changing the June 9, Board Meeting minutes, page 4, of the executive session adjournment time to 12:08 pm instead of the 2:29pm, with the noted correction, Director Whittaker moved to approve the June 9, 2004 Board Meeting minutes and the May 26, Special Meeting minutes seconded by Director Melissa Esquibel. Motion unanimously carried.TREASURER'S REPORT:
A listing of checks for payment of invoices received following the previous Board meeting was presented to the Board for review. Treasurer Pete Moore reported that the financial report for the month of June was included in the Board's Monthly Meeting Packet. He reported that June total revenues at $207,938.62 with expenditures totaling $220,014.50. The Board examined the listing and reviewed the reconciliation of bank accounts for the past month, whereupon a motion was made by Director Moore, seconded by Director Loretta Kennedy and unanimously carried to ratify payment of bills represented by check numbers 1714 through 1763, with the exception of voided check 1725,1740,1752,1754 due to printer miss-feed. The approved financial report will be attached as permanent record to the minutes.BUDGET REVIEW:
Financial Coordinator, Kim Chavez gave a short six-month budget review, items added to budget and items that exceed or anticipated to exceed the budget were discussed. Any questions from the Board were addressed during this time.CHAIRMAN'S REPORT:
Chairman Mauch reported that July 28-29, 2004 the Board, Western Slope water commissioner and staff visited the Larkspur Ditch located on Marshall pass near the Continental divide. LAVWCD Directors and members of the Catlin Canal Company/Larkspur went on the trip to survey the ditch and assess the need for ditch maintenance. The trip was very beneficial and interesting.WATER ACQUISTION:
Director John Singletary asked General Manager, Julie Scaplo to review water acquisition issues. Director Singletary reminded the Board that there would be no Special Meeting July 28th.GENERAL MANAGER'S REPORT:
General Manager Julie Scaplo discussed the following items:
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Acquisition Update:
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Bessemer Shares Purchase: The purchase of 73.6 shares of Bessemer Ditch and 71.2 acres of land closed July 18, 2004 in Pueblo Colorado.
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Fowler Golf Courses: An additional 32 shares of Twin Lake water has been leased at $200 per share.
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BOR Contract: Previously, we submitted a request for 500 Acre Feet of storage from the Bureau of Reclamation and have recently received a contract. However, due to the amount of water produced by Larkspur Ditch, the amount has been reduced to 100 AF. The contract is for a one-year period. After the contract is complete, water stored in Clear Creek can be transferred to Pueblo Reservoir.
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Larkspur Update: The Larkspur Ditch has produced a total of 79.35 Acre Feet and is stored in Clear Creek Reservoir. This is Trans-mountain water.
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Larkspur Maintenance: The District has itemized an estimate for maintenance, and has come up with the figure of approximately $435 per day and at 5-day progress verification. Invoice submittals need to be attached to copies or original receipts per auditor's request. Some areas that will need work are slide area, and divide box. After some discussion, the directors suggested that General Manager, Julie Scaplo and Catlin's President, Steve Malott work on details regarding cost sharing for the needed maintenance. Catlin has agreed to provide a superintendent to help with maintenance and they have approved $2,500 for maintenance expense.
- John Martin Storage Account: In order to receive a John Martin storage account we need to obtain the approval of Arkansas River Compact Administration and Army Corps of Engineer's District Engineer. We will need to present proposal to Operation Committee before their annual meeting in December. Steve Witte, Division II water engineer has been working with General Manager on this matter.
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District Video: Presentation will be held July 19, 2004 at Rawlings Library in Pueblo, Colorado at 7:00 PM. There will be a panel discussion after the presentation.
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GOCO Update: GOCO staff did not recommend our grant for further consideration, because issues that are not yet resolved in the Arkansas Valley grant with Otero County.
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Regional Resource Planning Group: This group identified in the SECWCD/Aurora IGA as a group to identify regional opportunities to assist with establishing priorities and to guide implementation of those recommended plans or projects, such as Hydrologic river model, Tamarisk Mapping, Water Data Gathering, and Softening & Replacement pools. Aurora will contribute $50,000 per year to the SECWCD Enterprise fund through 2004-2008 to aid in the development and implementation of the recommended plans. Group members are Bob Hamilton, Phil Reynolds, Jim Broderick, SECWCD; Julie Scaplo, LAVWCD; Terry Scanga, UAWCD; Doug Kemper, Aurora; Jim McGrady, Fountain Valley Authority/CSU; Alan Ward, Pueblo Board of Water Works.
SEBAL: Surface Energy Balance Algorithm for Land (SEBAL) was presented to the General Manager by Colorado Division of Water Resources. SEBAL calculates actual evapotranspiration using satellite imagery. The beneficial uses are in Tamarisk mapping, determining crop consumptive use, and to determine salinity levels. SEBAL plans to build lysimeters in Rocky Ford to conduct studies to determine crop coefficients and obtain annual SEBAL analysis to extend results to the entire Arkansas valley study area.
LIAISON REPORT:
Director Loretta Kennedy would like to invite everyone to the District video presentation, which will be held July 19, 2004 at 7:00 pm at Rawlings Library in Pueblo, Colorado. Immediately following the presentation will be a panel discussion. In addition, the video will be played on the Pueblo County's Government channel.LEGAL REPORT:
High Plains A&M: On Friday, July 2, 2004, at approximately 2:15 pm, Water Judge Dennis Maes published his Order granting the District's joint motion for Summary Judgment, and dismissed all applications files by the High Plains entities. Judge Maes found that the anti-speculation doctrine applied not only to new appropriations of water rights, but to changes of water rights as well. Judge Maes did not discuss policy issues for this finding in detail, but rather dwelt on the practical side. He was concerned the objectors would not be able to make a determination as to the extent and nature of injury if information as to the end use of the changes rights was not included; nor would the Court be able to determine appropriate terms and conditions to prevent injury. It is likely that the Supreme Court will address the policy issues in some detail. The Fort Lyon Canal has asked High Plains entities be required to furnish a cost bond, since they were not resident entities.
Exclusion Process: No further contact has been made with Southern High Plains or Doug Melcher regarding the deficiencies in several of the recent petitions for exclusion, Mr. Melcher has been advised that no action would be taken until the deficiencies are corrected.NEW BUSINESS:
Members of the Regional Resource Planning Group are Bob Hamilton, Phil Reynolds, Jim Broderick, SECWCD; Julie Scaplo, LAVWCD; Terry Scanga, UAWCD; Doug Kemper, Aurora; Jim McGrady, Fountain Valley Authority/CSU; Alan Ward, Pueblo Board of Water Works. Jim Broderick explained that the group is newly formed and was formed by the IGA between the Colorado Springs, City of Aurora, SECWCD, and Pueblo Board of Water Works. Mr. Broderick states that they have tried to identify projects that would benefit the entire valley, and they think their needs to be a regional approach. Questions were raised regarding members of the panel, which include representatives from Aurora, Colorado Springs Utilities, Fountain Valley Water Authority, Pueblo Board of Water Works, SECWCD, and UAWCD. It was felt that an agriculture representative needed to be included in the group. After discussion, it was agreed that a regional and cooperative approach would be beneficial to the valley.OLD BUSINESS:
Steve Mallot, President of Catlin Canal Company is willing to assist the District in acting as agriculture liaison or public relation person. He has knowledge in water quality, conservation easement, water purchases, farming and overall water experience, which can be beneficial to the District. The Board would like Mr. Mallot and the General Manager to come up with a job description and wage range.PUBLIC COMMENT:
Dan Corsentino is a candidate for United States Congress and he wanted to let the District know that he is very interested in protecting the water flowing in the Arkansas Valley, and is also supporting the PSOP. He feels storage is essential to the valley and that the Lower Arkansas Valley is protected. The mission is to protect Colorado's water.MOTION TO ENTER INTO EXECUTIVE SESSION:
Director Melissa Esquibel moved that the Board convene into Executive Session, seconded by Director Loretta Kennedy. Motion unanimously carried. Chairman Mauch recessed the District meeting to convene the Executive Session at 12:20 P.M.
The Executive Session will be held for the purpose of:
To discuss the following matters:
The presence of the following persons was requested at this Executive Session:
Chairman Leroy Mauch adjourned the Executive Session at 1:58 P.M, and reconvened the District Meeting at 2:00 PM.
REPORT FROM EXECUTIVE SESSION:
Mr. Mendenhall reported the Executive Session covered the following issues:
MOTIONS OUT OF EXECUTIVE SESSION:
Chairman Mauch said there were recommendations from Executive Session. Director Melissa Esquibel moved, seconded by Director Loretta Kennedy on the following motion:
All motions above unanimously carried. Director Melissa Esquibel moved, seconded by Director Wayne Whittaker, to transfer the McBees two donated conservation easements to a qualified land trust when they provide documentation confirming acceptance of the easements from a qualified land trust. The District will transfer the stewardship funds and easement to such land trust. The third conservation easement process will be discontinued and returned. Motion unanimously carried.
ADJOURNED:
Chairman Mauch asked if there were any other matters to come before the Board. Hearing none, motion was heard from Director Wayne Whittaker, seconded by Director Melissa Esquibel to adjourn the meeting. Motion unanimously carried. Meeting was adjourned at 2:05 P.M