July 13, 2005 Minutes-Board Meeting
The regular monthly meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, July 13, 2005 at 10:00AM, at 801 Swink Avenue, Rocky Ford, CO 81067.
Chairman Singletary announced a quorum was present.
DIRECTORS PRESENT:
John Singletary-Chairman
Pete Moore-Vice Chairman
Wayne Whittaker-Treasurer
Ollie Ridley-Secretary
Loretta Kennedy
Melissa Esquibel
DIRECTORS EXCUSED:
Leroy Mauch
DISTRICT STAFF:
Jay Winner-General Manager
Bart Mendenhall-Attorney
Kim Chavez-Financial Coordinator
Randa Morlan-Administrative Assistant
MOTION TO ENTER INTO WATER ACTIVITY ENTERPRISE:
Director Whittaker moved that the Board convene into the Water Activity Enterprise, seconded by Director Moore. 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 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:
Rodney Baird, La Junta Tribune Democrat; Brad Henley, Lake Pueblo State Park; John Merson, John Martin State Park; Jack McComber, Otero Ditch board member; Kelly Roesch, High Plains A & M; Virgil Cochran, Southeast Land & Environment; Carl McClure, town of Olney Springs and SECWCD; Bob Plummer, Colorado Product, Inc.; Brenda Fillmore, AGUA; Kevin Salter, Kansas Division of Water Resources-KDA; Dannie McMillan, City of Lamar; Jan Anderson, Southeast Colorado Enterprise Development and Chris Woodka, Pueblo Chieftain.
APPROVAL OF MINUTES:
June 8, 2005 Monthly Board Meeting Minutes- Chairman Singletary asked if the Board members had reviewed the minutes for the June 8, 2005 Board Meeting, and whether there were any corrections or additions. Director Whittaker suggested adding to the second paragraph on page 5, after monitoring station; on the South Arkansas. Director Whittaker moved to approve the June 8, 2005 Board meeting minutes as corrected, seconded by Director Kennedy. Motion unanimously carried.
TREASURER'S REPORT:
Director Whittaker reported that the financial report for the month of June was included in the Board's Monthly Meeting Packet. He reported June total revenues of $156,021.67 and total expenditures of $257,710.62. Director Whittaker moved to accept the June Financial Statement, seconded by Director Moore and carried unanimously.
Chairman Singletary explained that the District is paying for cell phone minutes over his regular monthly bill of $75.00.
PRESENTATIONS:
Jan Anderson- Jan Anderson, Southeast Enterprise & Development reported on the Cosmic Ray observatory project in Prowers County. She noted that the Southeast Enterprise and Development has a check in the amount of $23,037.31 for the Lower Arkansas Valley Water Conservancy District. Ms. Anderson explained that the project will have 1600 tanks on a 5x35 mile radius at one tank per mile. She added that the tanks are 12 foot in diameter and are sealed holding ultra pure water. The project has a 90% participation rate from the area locals. She noted that the start up of the project will begin in the next two years.
Ms. Anderson answered questions saying that liners would be installed in the tanks to keep them from freezing and where they received their funding from and what concerns they have from land owners with the project. She added that the project site is set up for 20 years and that it is a community project. A visitor's center for the project will be set up at Lamar Community College.
Wes McKinley - Wes McKinley, Colorado State Representative briefly presented several ways to make water economical and gave a short summary regarding the usage of water and conserving water.
GM REPORT:
General Manager Winner reported that the District is not here to tell people what to do with their water, but here as an option offer to lease or sell their water. He handed out several pictures of the Larkspur Ditch and reported that the ditch is in need of maintenance. He added that he believes the maintenance of the road should be part of the Forest Service's responsibility and that he has spoke with the Forest Service about the problem. General Manager Winner added that it is both the District and Forest Service's responsibility. He noted that he would like to put together a five year capital plan for approximately 1200 feet of pipe in the Larkspur Ditch to receive a 50%-60% better output and will put together a plan and estimated cost next Board meeting for the maintenance on the Larkspur Ditch. He added that he would like to do a joint partnership with the Catlin Canal Co. on the project.
General Manager Winner reported that he attended a Biodiesel workshop and handed out the scope of work from Ben Doon the District's Biodiesel consultant. He added that he has met with Dannie McMillan, City of Lamar on possibly having the Biodiesel plant in Lamar, CO.
General Manager Winner reported that the District has five conservation easements on their plate and added that Randy and Bobbi Norwood have a good appraiser for a conservation easement of dry land.
Director Esquibel moved to accept the Conservation Easement submitted by Randy and Bobbi Norwood subject to approval by staff and counsel. If the District finds it is to remain in agricultural production it will continue to be a consumer of agricultural products in irrigated farms in the District helping to provide economical support to irrigated agricultural producers in the District and thereby helping to preserve agricultural water in the District. Furthermore the property is in the District and by accepting the easement the District will preserve the District's drainage and agricultural District, seconded by Director Kennedy. Motion unanimously carried.
General Manager Winner reported that the Bessemer easement has some development opportunities as well as the gravel pit easement and reported on a few other easements.
He briefly talked about the Colorado Springs wastewater spill and said he did not think they were trying hard enough. Additionally he reviewed the Budget comparison and reported on the areas of where we are over the budget.
General Manager Winner noted that the Rocky Ford farm of 1 share of Rocky Ford ditch water and 8.5 acres of land is under contract. He noted his next step is to enter into a partnership with Colorado State University-Fort Collins on a long-term contract allowing them to lease the Rocky Ford farm in exchange for a conservation easement on the property which would ensure Rocky Ford's perpetuity.
COMMITTEE REPORTS:
Personnel- General Manager Winner noted that he will be meeting regarding the employee manual in Colorado Springs next week.
Director Moore commended General Manager Winner on putting together a reasonable solution to the problems with conservation easements.
Liaison- Director Kennedy announced the Pueblo County Commissioners had sent a letter to the El Paso County Commissioners regarding the recent wastewater spill, she then read the response letter aloud.
Director Kennedy motioned to have the Board write a support letter that immediate mitigation be done and that a plan be developed by Colorado Springs saying how they will act upon a spill to immediately divert that spill so it does not compromise the health and welfare of the Lower Arkansas Valley. She then requested an additional support letter saying that the response letter from El Paso County was unacceptable, seconded by Director Whittaker. Motion unanimously carried.
Further discussion followed on the water quality in the Arkansas River.
Director Esquibel motioned to send a letter to each of the counties asking them to send a support letter to Pueblo County on the wastewater spill, seconded by Director Whittaker. Motion unanimously carried.
Director Kennedy suggested Attorney Mendenhall put a draft ballot issue together for the next Board meeting.
Chairman Singletary reported that a water quality meeting was held on July 8, 2005 with Tim Gates of Colorado State University. He noted that everyone is invited to attend the Conduit meeting on Saturday, July 16, 2005 in La Junta at Otero Junior College. He gave a brief update on the negotiations and added that a meeting would be held the following week with the Attorney on the negotiations.
LEGAL REPORT:
Attorney Mendenhall reported that the High Plains case was argued before the Colorado Supreme Court on June 14, 2005 and that Water Attorney Nichols presented the District's case. He noted that the court seemed interested in the anti-speculation doctrine and may decide the case on that issue.
Attorney Mendenhall reported on a few conservation easements and said that one looks very good but must wait out the statutory sixty day notice period.
Director Esquibel suggested that a litigation meeting be set up in the valley and Attorney Mendenhall will look into it.
Director Moore suggested that the Board revisit the mission statement to promote and enhance the economy and would like to discuss at the next Board meeting.
Chairman Singletary suggested Director Moore and General Manager Winner get together and discuss ideas concerning the mission statement and add it to the agenda for discussion at the next meeting.
Chairman Singletary commended Financial Coordinator Chavez for her hard work on the grant writing and Administrative Assistant Morlan for her attending the area schools to teach water conservation.
PUBLIC COMMENT:
Carl McClure, SECWCD gave a brief report on the previous allocation meeting.
Kevin Salter, Kansas reported on the water being taken from John Martin Reservoir and noted that they are watching water quality.
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 Moore to adjourn the meeting. Motion unanimously carried. Meeting was adjourned at 11:34 A.M.