July 18, 2007 Minutes-Board Meeting
The regular monthly meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, July 18, 2007 at 10:00 AM, at 801 Swink Avenue, Rocky Ford, CO 81067.
Chairman Singletary announced a quorum was present with Director Mauch having been excused.
DIRECTORS PRESENT:
John Singletary-Chairman
Pete Moore-Vice Chairman
Melissa Esquibel-Secretary
Wayne Whittaker-Treasurer
Loretta Kennedy
Lynden Gill
DISTRICT STAFF:
Jay Winner-General Manager
Bart Mendenhall-Attorney
Bill Hancock-Conservation Program Manager
Kim Chavez-Financial Coordinator
Carla Aragon-Quezada-Administrative Assistant
DIRECTORS EXCUSED:
Leroy Mauch
MOTION TO ENTER INTO WATER ACTIVITY ENTERPRISE:
Director Gill 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 Whittaker moved to reconvene the District Meeting at 10:08 A.M., seconded by Director Moore. 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; Frank Johnson, CSU-Ft Collins; Ken Weber; Brian Vanden Heuvel, CSU-Pueblo; Scott Herrmann, CSU-Pueblo; Virgil Cochran, SE Land and Environment; Rich Kienitz, Aurora, Tom Simpson Aurora; Gaynell Allen, 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; John Rose, Otero County; Jim Valliant, CSU; Dan Henricks, High Line Canal; Doris Morgan, Sen. Allard’s Office; Gerry Knapp, Aurora; GW Werdel, Larkspur.
APPROVAL OF MINUTES:
v June 20, 2007 Monthly Board Meeting Minutes- Chairman Singletary asked if the Board members had reviewed the minutes for the June 20, 2007 Board meeting and whether there were any corrections or additions, a few corrections were heard. Director Moore moved to approve the corrected June 20, 2007 minutes, seconded by Director Gill. Motion unanimously carried.
v June 20, 2007 Work Session Meeting Minutes- Chairman Singletary asked if the Board members had reviewed the minutes for the June 20, 2007 Work Session Meeting, and whether there were any corrections or additions. Director Gill moved to approve the June 20, 2007 Work Session Meeting minutes, seconded by Director Moore. Motion unanimously carried.
TREASURER’S REPORT:
Chairman Singletary 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 $202,449.16 and total expenditures of $253,317.78. Director Whittaker moved to accept the June Financial Statement, seconded by Director Gill and carried unanimously.
GM REPORT:
General Manager Winner directed board members to Tab One (1), Expansion, in the board packet. U.S. Senator Salazar has provided copies of legislation that would authorize a study, in his letter accompanying the discussion draft of the bill, Senator Salazar noted, “I believe that simplifying federal legislation to address water needs in the Arkansas River Valley may be the better way to end the impasse over competing water bills.”
The Lower Arkansas Valley Water Conservancy District has been in negotiations with potential storage beneficiaries and affected parties for more than two years. Lake County is considering a vote in 2008 to join LAVWCD, which includes Pueblo, Otero, Crowley, Bent and Prowers counties.
Chairman Singletary said, “We’ve been challenged by other parties (in storage negotiations) to support a study bill, in my opinion, this is a study bill.” “The Fountain is an important ingredient. This is a way to move forward.”
Director Kennedy stated, “When we support this study, we’re looking at all the issues that affect the district.” “I’m certainly in favor of this bill.” “I’m very excited that Senator Salazar mentioned that Pueblo County contributes to this district.
Director Whittaker said, “Put the amount they could afford for the dam. Enlarging the Reservoir and Fountain Creek 113,000 storage space that is not in use and the only time that it is used is when it floods. Usually when you have a flood no one wants the water. This district was formed to have a regional approach, so the feasibility study should look at the whole area.”
General Manager Winner stated, “Many participants at the PSOP committee meetings have expressed the need for legislation that looks at a study without the numerous conditions that have been attached to past versions of the bill that have failed or stalled in Congress.
Chairman Singletary said, “Of course the original bill will be amended, and to try and tell Congress how to write a bill was a mistake in the first place.”
Chairman Singletary praised Senator Salazar for taking firm control of the legislation. Also, stated that Senator Allard has been right there with us trying to make sure the valley will survive, but right now Senator Allard is off in a different direction. He is very supportive to make sure this valley stays in place. The District wants to be clear we do appreciate both Senator Salazar and Congressman Salazar. We feel appreciative of their boldness and leadership. I encourage the board to support this issue.
Director Moore expressed, “The potential magnitude of any project would affect the whole valley and the future of the valley, and you can’t throw dirt and concrete around until you know whether it makes sense and you have a plan.”
Motion to support Senator Salazar’s bill was made by Director Kennedy, seconded by Director Moore, motion unanimously carried.
General Manager Winner directed board members to Tab Two (2), Streamside, in the board packet. He reported a demonstration of a sediment collector on Fountain Creek in June was successful, with more than 100 people including the Colorado Department of Transportation, City Council and Air Force Academy, people from Albuquerque, and Texas viewing a small-scale version of a machine that removes some of the sediment from the creek bed. The Air Force Academy and Colorado Department of Transportation (CDOT) are looking at larger models to provide stabilization of structures in Fountain Creek.
General Manager Winner directed the board members to Tab Three (3), Fountain Vision Task Force. The board viewed a recorded presentation of Fountain Creek Vision Task Force progress.
General Manager Winner stated, “The committee will make an important decision on how to proceed.”
General Manager Winner explained that he and others are working to create a “Vision Map” of the Fountain Creek that will identify how the task force would like the creek to look. The map will be completed in October. Winner also mentioned that when they get done with Fountain Creek. They would like the exact same thing to happen with the Arkansas, where you can get on a bike and ride from the Pueblo Reservoir to Lamar, Colorado without your feet ever touching the ground.
General Manager Winner stated, “The Coordinator for Fountain Creek, funded by $300,000 each from the Lower Arkansas Valley Water Conservancy District and Colorado Springs over a two-year period, will be selected in August. General Manager Winner added, applicants are well-qualified and are from various states.
General Manager Winner directed the board members to Tab Four (4), IRS.
CCLT (Colorado Coalition of Land Trusts), They are supportive of identifying and sanctioning tax fraud and abuse, but they hope the IRS audits will avoid damaging the integrity of conservation efforts across the state. CCLT Response: Please alert CCLT immediately if any of your landowners receive any communication from the IRS. Also, if you have any landowners who are being audited that would be willing to describe their experience to any of our elected leaders, please contact us. The first Conservation Easement that this district did was Corsentino Easement. The Corsentino Family was denied part of their credit. Motion to support Colorado Coalition of Land Trusts will consists up to $6,000 for appraisals, legal fees. Motion to support CCLT for identifying and sanctioning tax fraud and abuse was made by Director Whittaker, seconded by Director Esquibel, motion unanimously carried.
Director Esquibel stated, “The IRS needs to understand we are not condoning shoddy work.”
Doris Morgan, a Pueblo-based aide to Senator Wayne Allard, R-CO., said, “The problem is statewide and federal lawmakers are willing to meet with IRS officials to help set guidelines. She suggested the district put a letter together within two (2) weeks with questions concerning IRS needs.
Chairman Singletary asked, General Manager Winner and Bart Mendenhall if they could provide these letters.
The board affirmed its support of Pueblo’s Minnequa Lake project. The unique part of Minnequa Project is that it combines a regional storm water facility in a partnership with the District and Pueblo. This allows for the pooling of the District and Pueblo’s financial resources in a way that saves a lot of the community’s tax dollars. Pueblo is preparing to ask Great Outdoors Colorado for an extension of a grant toward the project, which has stalled over the issue of water acquisition.
Chairman Singletary commented that it is a great thing for City of Pueblo. They’ve been good to us. We do need the city to follow through, to move the process. He encouraged the board to continue to support Pueblo’s Minnequa Lake project.
General Manager Winner announced, Santa Fe All Star baseball team of 13 to 15 year old young men from Rocky Ford, Fowler, Swink and Ordway will be competing in the Babe Ruth State Tournament in Cedaredge, Colorado on July 20-23rd, 2007. They are asking for a donation of $300.00 to help with travel, uniforms, hotel, and meal expenses. I think it’s an honor that these young men get to go to state. I feel we should support them.
Director Esquibel stated, “I agree.” We have funds appropriated in the budget. The funds come out of our Outreach Program. It helps the kids and communities out. I strongly support this fund.
Director Kennedy stated, “Having a fund get’s the word out for LAVWCD that we care and want to support our communities.”
General Manager Winner stated, “We have a certain amount of money in our Outreach Program per year to help the community.
Director Moore expressed, “We need to get the word out and have meaningful donations like this.”
Director Gill asked, “How much money do we have in this fund?”
General Manager Winner replied, “We have $5,500.00 per year.”
Director Kennedy asked, “Do we have some kind of criteria?”
General Manager Winner replied, “We adopted an Outreach Program two (2) years ago.”
Director Esquibel stated, “Consider the fact that the board two (2) years ago made the determination that small projects be adopted specify for Outreach Programs.” We adopted budgetary consideration to support the program. “I believe it supports the communities that Director Moore mentioned and we should support them for $300.00 to help with their trip.”
Motion of $300.00 to support the all-stars was made by Director Esquibel, seconded by Director Moore, motion unanimously carried.
Water Court Litigation: The purpose of this action is to protect the water resources available to the Lower Arkansas Valley.
Ø Counsel review the resume of Arkansas River water court applications monthly and recommend to the General Manager and General Counsel which applications, if any, the District should oppose, and file appropriate statements of opposition when directed to do so.
Ø Counsel recommends filing a statement of opposition in Case No.01CW131, Colorado Springs diligence application concerning Turquoise Reservoir in Lake County.
Bart Mendenhall informed that this is state of opposition. Motion the file appropriate statements of opposition in Case No.01CW131 was made by Director Whittaker, seconded by Director Moore, c.
PRESENTATIONS:
General Manager Winner introduced Professors Del Nimmo, Brian Vanden Heuvel and Scott Herrmann of CSU-Pueblo.
Mr. Nimmo and other colleagues gave an update on Fountain Creek Living organisms as environmental indicators of water and sediment conditions in Fountain Creek and the Lower Arkansas River. He presented data from the spring (2007) deployment of bryophytes (aquatic plants) in the Fountain Creek watershed. Metals identified and measured in the plant tissues and pore water at 14 sites in Monument and Fountain Creeks were selenium, cadmium, mercury, lead, zinc, and copper. Noted was the ability of plants to “bioconcentrate” metals hundreds and sometimes thousands of times above the concentrations of metals in the water, indicating possible impacts of the accumulation of these metals in aquatic food webs. Increased concentrations of selenium in plants were found at the highway 50 bridge; increased cadmium, lead and copper in plants at the Pinon bridge; and increased zinc in plants below the Nevada street bridge in Colorado Springs. This research will be repeated seasonally for the next two years.
Brian Vanden Heuvel discussed the results of E. coli monitoring in Fountain Creek, identified the 27 sampling sites and presented results of contamination. Data presented were patterns of contamination associated with storm events, stream flows, temperature, and bacterial contamination of water vs. sediments. The second was a brief report on the use DNA analysis to establish sources of E. coli in the Fountain Creek watershed. Although this subproject has been very active since March of 2007, the research will continue until a library of E. coli sources has been identified over the next two to three years.
Scott Herrmann reviewed the metals-data from the Sediment Removal Demonstration Project conducted in Fountain Creek in May, 2007. Zinc and copper appeared to be highly variable in the surface, pore water (interstitial) and return-flow samples whereas selenium concentrations were about the same regardless of where the samples were obtained.
Lower Arkansas Valley Water Conservancy District has helped with partners to fund the research project at CSU-Pueblo. Mr. Nimmo requested $52,000.00 is needed for the study to finish through this calendar year. Lower Arkansas Valley Water Conservancy District will be looking for help to find additional funding for this project. No motion was made regarding funding. Discussion will be heard at next board meeting.
Chairman Singletary said he is exploring “a road map” for the project with CSU-Pueblo President Joe Garcia. He stated, “Other state funding may be available.”
Chairman Singletary said “We have to make sure we have the ability to do the right thing on Fountain Creek, we need good information.”
Director Whittaker asked, “Whether payment could be made on a per-test basis?”
Director Gill expressed, “I think this is important data that we need and why aren’t there other people who would help us with this study come forth.” “Other regional agencies concerned with Fountain Creek should pick up some of the load.”
General Manager Winner commented, “What is unique about Mr. Nimmo’s study is that it’s showing us ways to clean water naturally.” What he is doing is putting it through wetlands filters and it comes out nearly pure water.
General Manager Winner mentioned that the natural filters have the capability to remove aluminum, other metals and even pharmaceuticals.
PRESIDENT’S REPORT:
Chairman Singletary informed the Board Directors, at the next board meeting we’re going to try to add on the agenda that each Director take time to give a brief report on their community. By doing this at the end of the board meeting it gives people time to reflect what we have talked about in our meetings. We are here to represent different entities.
Chairman Singletary asked “When is the closing day that we put together with Colorado Springs for Fountain Creek job?”
General Manager Winner replied, July 17th, 2007 and on July 23rd & 24th we’re going to look at 21 applicants to break it down. On July 25th, we’ll sit down and evaluate the applications. We should have update report at next board meeting.
Chairman Singletary asked, Is there anything on Larkspur? Are we still running any water?
Gilbert Werdel replied Larkspur has 250 acre feet; the grass is growing like crazy and getting lots of rain.
Chairman Singletary stated, “We haven’t heard much from the Bureau.” We just wanted to keep you informed. We’re hearing that the Bureau is going to issue a 40 year contract but, it hasn’t happen yet.
Chairman Singletary reported that Greg Kolomitz and Steve Holdren lobbyist for LAVWCD will be at the District’s retreat in Las Animas on July 26th and 27th, 2007.
COMMITTEE REPORTS:
Personnel: Director Kennedy mentioned that the staff has done a wonderful job with the workshops.
Liaison: Director Kennedy had nothing to report.
Legal: Director Esquibel reported that we are being sued; however, Bart Mendenhall, attorney will give a report.
LEGAL REPORT:
Bart Mendenhall reported the counsel has been informed of a legal action that names the District as a defendant. The District’s involvement arises out of the District’s Option on the Ullom land. The District has received a deed of trust to secure its interest in the property, and has attempted to release that deed of trust. However, for whatever reason, the Prowers County Public Trustee refuses to release the deed of trust without the original Option. This action is brought by the new owner of the land to get this deed of trust released, among other things. The District faces no liability, and all that is required of the District is to file a disclaimer in the action. The attorney for the new owner has also asked for the Secretary of the District to certify a copy of the Option. Motion to file for disclaimer by Director Whittaker, seconded by Director Esquibel, motion unanimously carried.
Counsel is working with Special Counsel and Bill Hancock, Conservation Program Manager to rework the Conservation Easement package, and improve the process of closing an easement.
The owner of one of the District’s easement properties wants to sell their property. As part of this sale, the owners want to divide their property between two buyers. You may recall that our easements forbid this without the approval of the District. The property is located in northern Crowley County, and is divided by a county road. The division would leave each parcel containing several hundred acres. The existing improvements would be one the west side. While the location of the extra building envelope is currently unspecified, the intent is to convey it with the ease side of the property. I have discussed this with Bill Hancock and Peter Nichols; we recommend that the Board approve this division. Counsel would then prepare the appropriate documents to assist the owner and their buyers to complete their transaction. Motion to prepare the appropriate documents was made by Director Kennedy, seconded by Director Esquibel, motion unanimously carried.
We continue to clean up the loose ends of several easements that have closed recently. That includes getting all of the recorded documents in hand, getting the title work in hand, and seeing that the proceeds of the credit sales are properly applied, where the District has advances costs.
Peter Nichols of Trout, Raley, Montano, Witwer & Freeman, P.C., will give an update at the next board meeting.
PUBLIC COMMENT:
Chairman Singletary asked if there were any comments.
Dan Henrichs, High Line Canal asked, “With Jerry Kenny of HDR no longer working with this firm will the study continue?”
General Manager Winner replied, “Yes, they have a replacement by the name of Becky Mitchell and they will continue with the study.”
General Manager Winner invited everyone to attend the “Drip Irrigation Field Day” at Arkansas Valley Research Center.
Chairman Singletary thanked everyone for attending Lower Arkansas Valley Water Conservancy District Board Meeting.
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 Whittaker to adjourn the meeting. Motion unanimously carried. Meeting was adjourned at 11:45A.M.