November 15, 2006 Minutes-Board Meeting

The regular monthly meeting of the Lower Arkansas Valley Water Conservancy District Board of Directors was held on Wednesday, November 15, 2006 at 10:00 a.m., 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
Melissa Esquibel-Secretary
Loretta Kennedy
Leroy Mauch
Lynden Gill

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 Moore moved that the Board convene into the Water Activity Enterprise, seconded by Director Mauch. Motion unanimously carried.

At the conclusion of the Water Activity Enterprise meeting Director Kennedy moved to reconvene the District Meeting at 10:09 A.M., seconded by Director Esquibel. 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:
Ken Weber; Pat Edelmann, USGS; Del Nimmo, Colorado State University (CSU) – Pueblo/Biology; Alan Ward, Pueblo Board of Water Works; Kelly Roesch, High Plains A&M; Dan Henrichs, Huerfano – Cucharas; Chris Woodka, Pueblo Chieftain; Tom Simpson, Aurora Water; Brenda Fillmore, Arkansas Ground Water Users Association (AGUA); Allison Cortner, Senator Salazar’s office-Pueblo; and Lissa Pinello, SECWCD/ Penrose Water District.

APPROVAL OF MINUTES:

TREASURER’S REPORT:
Director Whittaker reported that the financial report for the month of September was included in the Board’s Monthly Meeting Packet. He reported September total revenues of $38,263.36 and total expenditures of $352,376.11. Director Whittaker moved to accept the October Financial Statement, seconded by Director Esquibel and carried unanimously.

GM REPORT:
General Manager Winner introduced Richard White of Grimsley White & Company LLC to give a brief presentation on the 2005 Financial Statements.

PRESENTATIONS:
Richard White – Richard White of Grimsley White & Company LLC made a presentation on the 2005 Financial Statements.

Mr. White began his presentation by praising Financial Coordinator, Kim Chavez for her work to get the budget to be in compliance with Tabor Regulations.

Mr. White quickly overviewed the handout given to the Board Members on the LAVWCD Financial Statements for 2005. He stated that it had been a productive year. After the overview, Mr. White stated that if the Directors had any questions for him, they could contact him at his office.

General Manager Winner introduced Dan Henrichs representing Huerfano – Cucharas Irrigation Company to give a presentation on a feasibility report on the Cucharas Reservoir Project.

Dan Henrichs – Dan Henrichs of the Huerfano – Cucharas Irrigation Company gave a brief history of the reservoir before stating that there is a need for a new dam. There will be a cost of $33,000,000 for 64,000 acre foot or $30,000,000 for 24 acre foot to build a new dam. If the dam is removed, there will be a cost of $66,000,000. Mr. Henrichs stated that the Irrigation Company is currently negotiating with some state parks and other entities, trying to make the costs less for everyone to build the new dam.

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

GM REPORT:
General Manager Winner turned the time over to Director Moore for an update on the last meeting with Lake County. Director Moore stated that there were about thirty people in attendance and there were no real strong feelings either way. He reported the commissioners were not sure on how to approach the subject of joining a conservancy district. Director Moore stated that the District is currently waiting to here back from Lake County.

General Manager Winner stated that he had a meeting with Fremont County. Chairman Singletary stated that Fremont County is exploring their options. He stated he had told Fremont County the District’s mission statement and stated if Fremont’s mission goes with the Districts, it could be beneficial for everyone if Fremont joins the District.

General Manager Winner gave a brief PowerPoint presentation outlining the Scope of Service for the Lower Arkansas Valley Water Leasing Program Engineering and Economic Feasibility Study which was handed out to the Board. General Manager Winner stated that there is a $333,000 firm estimate on the project, though the absolute amount will not be definite until it has been completed. General Manager Winner suggested the Board vote as to weather they wish to fund the project.

Director Esquibel moved to accept the proposal of an estimated $333,000 made by General Manager Winner for this project. Director Moore seconded the motion. Motion carried unanimously.

General Manager Winner directed the Directors attention to the Signs Tab in the Board Packet. Chairman Singletary suggested leaving this issue on the table for a future meeting and to keep looking around for LED Signs through other companies.

General Manager Winner pointed out the Tamarisk Tab. After discussion amongst the Board, it was decided that the Board would wait to see what the Arkansas Basin Roundtable (ABRT) does and how much funding they provide for the project since the ABRT may provide all the funding requested for the project.

General Manager Winner also brought the Aurora Long-term Capacity Contract Tab to the Boards attention. Chairman Singletary stated he was delighted that the Written Comments pointed out all of the Districts concerns. Attorney Mendenhall wanted to give credit to Attorney Peter Nichols for the draft of comments.

Chairman Singletary read the conclusion of the Written Comments on the Bureau of Reclamation’s Draft Environmental Assessment, City of Aurora, Proposed Excess Capacity Contracts. The conclusion was read as follows:

Because Reclamation has failed to meet minimum legal standards and to provide adequate information in the Draft EA for decision-making, Reclamation should not reach a Finding of No Significant Impact. Rather, Reclamation should publish a Notice of Intent to prepare an environmental impact statement on the Proposed Action, and proceed to do so.

PRESIDENT’S REPORT:
Chairman Singletary stated that the legislature will be in session in January.

Chairman Singletary discussed water and sedimentation and that the sedimentation standards will be expiring in 2007 and suggested the District commenting on the issue.

Chairman Singletary reported that the District was successful in helping Colorado Springs get their stormwater program going. Negotiations will continue beginning Friday, November 17, 2006.

Chairman Singletary stated that he had been in touch with Representative Wes McKinley and he has kept a couple of titles open for the Districts issues if there are issues that they would like to fill.

Del Nimmo, Colorado State University (CSU) – Pueblo/Biology, stated that CSU has narrowed down the prospects on the ICP mass spec. equipment, also known as “the machine,” There are only two different machines to choose between.

Chairman Singletary thanked the LAVWCD staff for the Drip Irrigation Workshop that was held in Pueblo, CO on November 2, 2006.

COMMITTEE REPORTS:
Personnel: Director Kennedy had nothing to report.

Liaison: Director Kennedy had nothing to report.

Legal: Director Esquibel had nothing to report.

LEGAL REPORT:
Attorney Mendenhall reported work is continuing on the conservation easements.

Attorney Mendenhall stated that he is working on a contract for the lease of Twin Lakes water, so that the District will be in a position to guarantee water for the Crowley County Ethanol Plant.

Attorney Mendenhall reported he will be meeting with Attorney Peter Nichols and Tony Van Westrum to review the progress on the Fallowing entity documents.

PUBLIC COMMENT:
There were no public comments.

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 Esquibel to adjourn the meeting. Motion unanimously carried. Meeting was adjourned at 11:16 P.M.