Lower Arkansas Valley Water Conservancy District
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 September 20, 2006 Minutes-Board Meeting

The regular monthly meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, September 20, 2006 at 10:00 a.m., at 801 Swink Avenue, Rocky Ford, CO 81067.

Chairman Singletary announced a quorum was present. Director Kennedy and Director Esquibel have an excused absence from the meeting.

DIRECTORS PRESENT:
John Singletary-Chairman
Pete Moore-Vice Chairman
Wayne Whittaker-Treasurer
Lynden Gill
Leroy Mauch

DIRECTORS EXCUSED:
Melissa Esquibel-Secretary
Loretta Kennedy

DISTRICT STAFF:
Jay Winner-General Manager
Bart Mendenhall-Attorney
Kim Chavez-Financial Coordinator
Randa Morlan-Administrative Assistant
Bill Hancock-Conservation Program Manager

MOTION TO ENTER INTO WATER ACTIVITY ENTERPRISE:
Director Whittaker moved that the Board convene into the Water Activity Enterprise, seconded by Director Gill. Motion unanimously carried.

At the conclusion of the Water Activity Enterprise meeting Director Gill 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:
Timothy Gates, Colorado State University (CSU) – Pueblo, Del Nimmo, Colorado State University (CSU) – Pueblo/Biology; Wayne Snider, Economic Development; Virgil Cochran, Southeastern Land & Environment; Chris Woodka, Pueblo Chieftain; Alan Ward, Pueblo Board of Water Works; Doug Montgomery, City of Lamar; Tom Simpson, Aurora Water; Kelly Roesch, High Plains A&M; Pat Edelmann, USGS; Brenda Fillmore, Arkansas Ground Water Users Association (AGUA); and Rick Kienitz, Aurora Water.

APPROVAL OF MINUTES:

TREASURER’S REPORT:
Director Whittaker reported that the financial report for the month of August was included in the Board’s Monthly Meeting Packet. He reported August total revenues of $60,730.99 and total expenditures of $75,991.67. Director Whittaker moved to accept the August Financial Statement, seconded by Director Gill and carried unanimously.

GM REPORT:
General Manager Winner introduced Tim Gates, Colorado State University (CSU).

PRESENTATIONS:
Tim Gates – Colorado State University–Pueblo, presented a presentation and commented on Monitoring and Modeling toward Optimal Management of the Lower Arkansas Valley Progress Report on Colorado State University Research in the Arkansas River Valley, Colorado.

Tim Gates presented CSU Research Goals as to provide water users and managers with a sound database and reliable modeling tools to support water management practices that

To achieve these goals, CSU will use

CSU’s Improvement Strategies consist of


The Value-Added Contributions of Colorado State University Research to Arkansas River Valley are Agricultural and Environmental.
Favorable Prospects:

Working to realize the prospects:

Tim Gates then invited everyone to visit the webpage at www.CSUArkRiver.colostate.edu.

A brief question and answer period was held after the speech.

Director Mauch expressed that it is important to keep the research being completed by CSU going and moved to give $30,000 to continuing the research done by CSU, seconded by Director Moore. Motion carried unanimously.

GM REPORT:
General Manager Winner discussed a comprehensive study of water quality on Fountain Creek and the Arkansas River and the importance of getting the study started. Director Whittaker moved to fund $200,000 to get the study started, seconded by Director Mauch. Motion carried unanimously. Chairman Singletary was glad to see the board supporting this issue and hopes that by the Lower Ark taking the first step, other entities would follow their lead.

General Manager Winner asked brief trivia about the Conduit project and gave a resolution to the board to support the conduit. Director Whittaker moved to adopt Resolution 2006-11, seconded by Director Gill. Motion carried unanimously.

Director Mauch stated that he had attended the Conduit meeting on September 19, 2006, and suggested that the board offer to pay the dues for the committee of $50,000.00. Director Mauch made the motion to pay for such dues in the stated amount, seconded by Director Moore. Motion carried unanimously.

General Manger Winner stated that the board needed to elect a budget officer per C.R.S. 29-1-104 at this time. Director Mauch nominated Financial Coordinator, Kim Chavez, seconded by Director Moore. Motion carried unanimously. Director Mauch commended Kim Chavez for her previous work with the District’s budget. General Manager Winner requested that the draft budget be sent to the absent board members.

General Manager Winner discussed the earmark for Biodiesel and that it was moving along nicely.

General Manager Winner directed the Boards attention to a flier inviting the board to a bike ride.

General Manager Winner discussed the Arkansas Basin Roundtable and stated that it was moving along nicely. He also discussed the Basin’s subcommittee: Interbasin Water Transfer Guidelines Committee. He discussed that it was nice to have so many water people with different views in one room and who were not afraid to say what they think on the issues.

Director Whittaker stated that the board needed to formally accept the draft budget and the Notice of Budget must be published upon receiving proposed budget per C.R.S. 29-1-106(1) and moved to do so, seconded by Director Gill. Motion carried unanimously.

PRESIDENT’S REPORT:
Chairman Singletary briefly discussed negotiations about enlarging Lake Pueblo have been delayed because Colorado Springs has yet to put into action controlling the storm water in Fountain Creek.

Chairman Singletary stated that negotiations with Colorado Springs have practically stopped, though it had seemed that only a few months ago those negotiations were close to being completed. Chairman Singletary said that Colorado Springs had promised implementation of a storm water enterprise, it has failed to fulfill that promise twice.

Chairman Singletary said that there are other projects that need to move forward, with or without Colorado Springs.

Chairman Singletary discussed 51/49 allocation principles that had been the topic of discussion at the July board meeting. He stated that it seemed that the Southeastern District had ignored the letter the board had sent to all of the Southeastern Board Members. It was suggested by Chairman Singletary to have General Manager Winner be present at the Southeastern Colorado Water Conservancy District board meeting to reaffirm that the Lower Ark was opposed to reallocating water out of the Valley.

COMMITTEE REPORTS:
There were no committee reports to be presented since the Directors with these reports were excused from the meeting.

LEGAL REPORT:
Attorney Nichols discussed the land fallowing program. He stated that Jerry Kenny of HDR found it a feasible program though the District would need 1041 permits from three counties.

Attorney Nichols said he has approached Tony van Westrum, a corporate attorney in the state to look at organization issues on the fallowing program.

Attorney Nichols stated that given local interest, it is probably time to talk about detailed engineering. Jerry Kenny of HDR will be beginning a scope of work, a budget, and a schedule for this effort.

Attorney Nichols suggested coming up with some time to interview recommended lobbyists to assist the District in the 2007 legislative session.

Attorney Nichols stated that the District is the last objector for the Chaffee County Recreational In-Channel Diversion Case. Everyone else has settled. Attorney Nichols suggested the board give him authorization to enter into an appropriate stipulation to settle the case. Director Moore moved to allow Attorney Nichols to settle the case with the Chaffee County Recreational In-Channel Diversion Case, seconded by Director Mauch. Motion carried unanimously.

Attorney Nichols mentioned Mark Morley for H20 Water Providers has filed an application with the Federal Energy Regulatory Commission (FERC) for a hydroelectric project. Attorney Nichols recommended the District intervene in the FERC proceeding in order to safeguard its proposed rotating land fallowing-water leasing program and the water resources of the Lower Arkansas River. Director Mauch moved to intervene in the proceeding, seconded by Director Gill. Motion carried unanimously.

Attorney Mendenhall stated that he had met with the Board of Directors of the Holbrook Canal to discuss the fallowing project. He believed them to be interested, though they wanted to hear more and see some documents before committing. He also believes the directors will talk to their shareholders until they have more information on the subject.

Attorney Mendenhall said that the district had closed on a conservation easement in Crowley County and are currently waiting on several others.

Attorney Mendenhall stated he had received a draft agreement for the Larkspur and would review it before the October board meeting.

PUBLIC COMMENT:
A brief question and answer session commenced among the visitors and the District Board of Directors.

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 Moore to adjourn the meeting. Motion unanimously carried. Meeting was adjourned at 11:45 P.M.