October 17 , 2007 Minutes-Board Meeting
The regular monthly meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, October 17, 2007 at 10:00 AM, at 801 Swink Avenue, Rocky Ford, CO 81067.
Chairman Singletary announced a quorum was present with Director Mauch being excused.
DIRECTORS PRESENT
John Singletary-Chairman
Pete Moore-Vice Chairman
Melissa Esquibel -Secretary
Wayne Whittaker - Treasurer
Loretta Kennedy
Lynden Gill
DISTRICT STAFF PRESENT:
Jay Winner - General Manager
Bill Hancock – Conservation Program
Kim Chavez- Financial Officer
Carla Aragon-Quezada – Administrative Assistant
Bart Mendenhall - Attorney
Peter Nichols - Attorney
DIRECTOR EXCUSED:
Leroy Mauch
DISTRICT STAFF EXCUSED:
Kim Chavez - Financial Officer
MOTION TO ENTER INTO WATER ACTIVITY ENTERPRISE:
Director Mauch 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 Esquibel moved to reconvene the District Meeting at 10:05 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; Ken Weber CSU-Pueblo; Karen Dietrich, La Junta Tribune Democrat; Virgil Cochran, SE Land and Environment; Tom Simpson, Aurora; Alan War, Pueblo Board of Water Works; Chris Woodka, Pueblo Chieftain; Brenda Fillmore, Arkansas Ground Water Users Association (AGUA); Fred Heckman, Fort Lyon Farmer; Dan Henrichs, Highline Canal; Tom Musgrove, USBR; Roy Vaughan, USBR; Joe Kelley, City of La Junta; Kelly Roesch, Pure Cycle; Mike Stokes; Pat Edelmann, USGS; Rick Kienitz, Aurora Water; Matthew Proctor, CWPDA/Farmer; Nancy Proctor, Group Benefit Specialist.
APPROVAL OF MINUTES:
v September 19, 2007 Monthly Board Meeting Minutes- Chairman Singletary asked if the Board members had reviewed the minutes for the September 19, 2007 Board meeting and whether there were any corrections or additions. Director Esquibel moved to approve the minutes for September 19, 2007, seconded by Director Mauch. Motion unanimously carried.
v September 19, 2007 Work Session Meeting minutes- Chairman Singletary asked if the Board members had reviewed the minutes for the September 19, 2007 Work Session meeting and whether there were any corrections or additions. Director Whittaker moved to approve the minutes for September 19, 2007, seconded by Director Esquibel. Motion unanimously carried.
v September 19, 2007 Draft Budget 2008 minutes- Chairman Singletary asked if the Board members had reviewed the minutes for September 19, 2007 Draft Budget meeting and whether there were any corrections or additions. Director Esquibel moved to approve the minutes for September 19, 2007, seconded by Director Moore. Motion unanimously carried.
TREASURER’S REPORT:
Chairman Singletary reported that the financial report for the month of September was included in the Board’s Monthly Meeting Packet. Director Whittaker reported September total revenues $58,892.55 and total expenditures $84,005.80 with total net <25,113.25>. Director Whittaker moved to accept the September Financial Statement, seconded by Director Moore. Motion unanimously carried.
GM REPORT:
General Manager Winner directed Board Members to Tab One (1), Resolutions. He introduced Bart Mendenhall, attorney.
Bart Mendenhall, Attorney presented (4) Four Resolutions for acceptance for conservation easements.
1. Resolution 07-09
The Lower Arkansas Valley Water Conservancy District holds a conservation easement donated by Chambers Land and Livestock LLC, (S. Warren and Shirley Chambers) has respectively proposed a conservation easement to be donated to the District in 2007, consisting of 129 acres, of which 50 acres are irrigated with 1.02 cfs from the Blunt Ditch and the remainder is riparian and bottom land along the St. Charles and Arkansas River in Pueblo County. Motion was made by Director Esquibel, seconded by Director Moore, to adopt Resolution 07-09, motion unanimously carried.
2. Resolution 07-10
The Lower Arkansas Valley Water Conservancy District holds a conservation easement donated by Gerald L. Jordan has respectively proposed a conservation easement to be donated to the District in 2007, consisting of 80 acres of irrigated farmland and 80 shares of Colorado Canal, in Crowley County, Colorado. Motion was made by Director Esquibel, seconded by Director Moore, to adopt Resolution 07-10, motion unanimously carried.
3. Resolution 07-11
The Lower Arkansas Valley Water Conservancy District holds a conservation easement donated by William and Charisse Braudt owners of the Cross Creek Springs Land property has respectively proposed a conservation easement to be donated to the District in 2007, consisting of 120 acres of mountain ranch property with water rights on Hardscrabble Creek, located near Wetmore in Custer County, Colorado. Motion was made by Director Esquibel, seconded by Director Moore, to adopt Resolution 07-11, motion unanimously carried.
4. Resolution 07-12
It has come to the attention of the Lower Arkansas Valley Water Conservancy District Board of Directors that the United States Department of Agriculture, Farm Service Agency, has announced its intention to close the Bent County Farm Service Agency County office. The Board of Directors of the Lower Arkansas Valley Water Conservancy District states its opposition to the closing of the Bent County Farm Service Agency office, and instructs the General Manager to forward this Resolution to the appropriate United States Department of Agriculture authorities. Motion was made by Director Whittaker, seconded by Director Mauch, to adopt Resolution 07-12, motion unanimously carried.
General Manager Winner directed Board members to Tab Two (2), Purchase a parcel of Rocky Ford Highline land and water. Motion was made by Director Whittaker, seconded by Director Esquibel to purchase property $180,000, motion unanimously carried.
General Manager Winner directed Board members to Tab Three (3), Sewage Right to Know Bill (H.R. 2452/S. 2080). Lower Arkansas Valley Water Conservancy District sent a sign-on letter in support of this legislation.
General Manager Winner directed Board members to Tab Four (4), Asked Peter Nichols Attorney, if we should file an opposition for 06CW115, Round Mountain Water & Sanitation and 07CW87, Upper Ark WCD? He explained and said not at this time.
General Manager Winner directed Board members to Tab Five (5), a proposal from Bert Stephens who has property in Las Animas, Colorado. We’re still looking into this.
General Manager Winner directed Board members to Tab Six (6), Feasibility study relating to Fryingpan-Arkansas project. He brought to the boards attention that it was broken down from the old language to the new and also the analysis.
General Manager Winner directed the Board members to Tab Seven (7) and Tab Eight (8), Reservoir accounting M&I I&W and IRR I&W. He noted that there is water in the river.
General Manager Winner presented a Six minute DVD on The Greenway Foundation Preserving Metro Denver’s Urban Waterways since 1974.
PRESENTATIONS:
General Manager Winner introduced Nancy Proctor with Anthem Insurance.
Ms. Proctor explained Insurance Policy and gave information and an update on Health, Dental and Vision Insurance for employees.
General Manager Winner introduced Professor Del Nimmo, CSU.
Nimmo gave a power point presentation on Streamside Systems: Sediment removal and water quality.
He gave results of E.coli analyses. Surprisingly, the water consistently showed high levels of E.coli and further testing revealed the source was primarily human. The site is upstream of the Las Vegas treatment plant, so the source most likely would be something like leaking septic systems.
Mr. Nimmo explained in a related study researchers at Colorado State University-Pueblo are working with Streamside Systems, collected samples from the Gold Hill Mesa area in western Colorado Springs in September.
Mr. Nimmo said, “Primarily the study was looking at how metal in the water could be reduced through a streamside collector.
General Manager Winner introduced Pat Edelmann of USGS.
Mr. Edelmann gave an update on Fountain Creek testing for the flows this past year from October 2006 to August 2007, and referred to a report on Fountain Creek water quality.
Mr. Edelmann explained the significance of channel-forming flows at a workshop last March, saying that even moderate storm flows have the capacity to contribute more to erosion and sedimentation because of growth in the watershed.
Mr. Edelmann stated that a report on the study of fish and fish habitat on Fountain Creek is expected to be released within two months.
General Manager Winner directed Board members to FYI Tab Five (5), Economic impact analysis of reduced irrigated acreage in four river basins in Colorado. It was written by Colorado Water Resources Research Institute and had some information that was worth reading.
PRESIDENT’S REPORT:
Chairman Singletary stated, on October 2nd and 3rd 2007, Jay, Kim, Carla and myself went to Breckenridge, Colorado for a Sustaining Colorado Watersheds Seminar. Very rewarding, it was nice to represent the Lower Arkansas Valley Water Conservancy District and to display our information about our District so people from other areas can relate to this area and what this District is all about.
Chairman Singletary asked about the details of the suit in open session with the board.
Peter Nichols, attorney said, “The board doesn’t like executive sessions, and lawyers don’t like to talk about lawsuits before they’re filed.”
Director Esquibel explained to the other directors that the lawsuit will be along the lines the board has been discussing since it became apparent in June that Bureau of Reclamation would sign the contract. Until we actually file it, how much do we want to publicly divulge? “I don’t think we’re playing hide the ball. Everybody knows what we are going to do.”
Director Whittaker stated, “We’ve been talking about it for several months.”
Motion was made by Director Whittaker, seconded by Director Moore to give authorization to Peter Nichols, attorney to file law suit against Bureau of Reclamation. Motion unanimously carried.
The primary mission of the Lower Arkansas Valley Water Conservancy District formed in 2002 by voters in Bent, Crowley, Prowers, Otero and Pueblo counties is to protect water in the Lower Arkansas Valley.
COMMITTEE REPORTS:
Personnel: Director Kennedy absent but General Manager Winner stepped in stating that he met with Directors Esquibel, Kennedy, Moore and Singletary to discuss increase in wages. Hopefully by the year 2011 we will be up to industry standard of wages.
Liaison: General Manager Winner said he met with Commissioner Cordova and by talking with him he knew a lot about wetlands.
Legal: Director Esquibel stated, “We aren’t getting sued, but we do have a lot of things ahead of us.”
LEGAL REPORT:
Peter Nichols Attorney, reported on the Super Ditch. We plan to move forward. We’ve talked to the water users and we want to keep the ball moving forward.
Motion was made by Director Mauch, seconded by Director Gill to give Chairman Singletary intent to sign letter for Super Ditch. Motion unanimously carried.
Peter Nichols mentioned that George Oamek of HDR is working on scenarios. We’ll try to set a meeting for the first part of November so that the farmers can ask questions.
Bart Mendenhall, Attorney, reported counsel is working on a draft letter to be presented to the Super Ditch Steering Committee which is intended to be sent to all ditch company shareholders to explain what the Committee has been doing and what progress has been made, as well as what remains to be done.
Mendenhall stated that he has prepared draft bylaws for the Oxford Farmer’s Ditch Board to present to their shareholders, which would amend their bylaws to allow shareholders to participate in the Super Ditch. Bill Hancock and myself have attended their meeting to help explain the Super Ditch and to answer any questions.
The staff and I have been working on getting affidavits prepared and signed to assist in the Bureau of Reclamation lawsuit. This has involved gathering information, preparing the affidavits and then visiting each affiant with a notary to obtain signatures. Staff has assisted Counsel greatly in this task.
Counsel has received and reviewed a proposed contract for the purchase of a Highline Canal farm. The contract is in your packet, and is subject to Board approval.
DIRECTOR’S COMMUNITY REPORT:
Director Esquibel reported, “Pueblo had good crop production.” In the spring of 2008 it would be nice to schedule a tour of all the conservation easements that the Lower Arkansas Valley Water Conservancy District has completed.
Director Whittaker reported, “Super Ditch is coming along.” The Catlin Canal is looking at the by laws.
Director Moore reported, “Town of Ordway is looking at a grant application for rural water.”
Director Gill reported, “Positive feed back on the Super Ditch, people are talking about it.”
Director Mauch reported, “Farmers have their wheat planted for the winter.” The corn is cut. We’re looking forward to the new business coming in the first part of the 2008. It looks like they will be hiring 100 people or so.
Chairman Singletary reported, “Great year for the agriculture; weather excellent, ditch flow really good, some challenge getting hay out of the fields due to rain, corn almost completed. Nice price for crop.
PUBLIC COMMENT:
Chairman Singletary asked if there were any comments.
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 11:35 A.M.