CCWCD Board Minutes

WAS Minutes 3.16.2010

MINUTES OF THE

WELL AUGMENTATION SUBDISTRICT OF THE

CENTRAL COLORADO WATER CONSERVANCY DISTRICT

March 16, 2010

The regular monthly meeting of the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District was held on Tuesday, March 16, 2010 at Central’s office located at 3209 West 28^th Street, Greeley, Colorado. The meeting was called to order at 10:00 A.M., and the following Directors were present: Gary Herman, President; Frank Eckhardt, Vice President; Vern Kammerzell, Treasurer; Tom Brown, Everett Kissler, Randy Knutson, John Tuttle, Doug Dill, Don Rosenbrock, and Bill Schmidt. Jim Reasoner and Ralph Anders were absent.

Others present were: Tom Cech, Executive Director, Randy Ray, Operations Manager/Subdistrict Coordinator; Kathy Parker, Public Information/Education Coordinator; Justin Bieri, Information Resource Manager; Danyelle McCannon, Chief Financial Officer; and Kim Lawrence of Lind, Lawrence & Ottenhoff. Special guests were Joe Frank of Lower South Platte Water Conservancy District, Jim Yahn with North Sterling Irrigation District, Mike Groves with Bijou Irrigation Company and Jim Hall, Division 1 Engineer.

CONSENT CALENDAR

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, COMMITTEE MINUTES, AND FINANCIALS: ITEMS 1.1 – 1.7 OF FEBRUARY, 2010 AS PRESENTED.”
Motion: Vern Kammerzell
Second: Everett Kissler
MOTION CARRIED

PUBLIC DISCUSSION

Joe Frank, Jim Yahn and Mike Groves gave a presentation to the board on a recharge credit exchange idea they have been working on. They have met with many groups both up and down river. The idea is to better share credits between augmentation plans and has been named the Lower South Platte Water Cooperative. Initial work on this is being accomplished through a grant from the South Platte Roundtable. Central could be a potential end user for these excess credits. Jim Hall, Division 1 Engineer commented that his office supports the idea conceptually.

The board thanked the group for coming and asked to be kept informed of progress.

Jim Hall gave a report to the board on a variety of issues. He discussed snowpack, which is right on target for this time of year but could use a boost from spring storms. Another positive to the 2010 water year is that reservoirs are in the best shape that they have been in the last ten years. Jim further commented that recharge really does help the river and keeps the river level up all summer. In 2011 there could be a big change to the river as Aurora will start putting water in its pipeline for the Prairie Waters Project.

The water accounting audit at Central from the Division office is nearing completion.

There was also discussion about expanded use issues and the fact that the State Engineer will be focusing more on gravel pit augmentation in the near future.

ADJOURN FOR LUNCH AND THEN RECONVENE.

ACTION ITEMS

As Lynn Kramer was absent, Randy Ray presented 1 Class D Irrigation Allotment Contract for board approval.

DELETE VEEMAN & SONS DAIRY CONTRACT #232.
Motion: Randy Knutson
Second: Frank Eckhardt
MOTION CARRIED

The Policy Committee is asked to investigate the contract forms and the requirements surrounding stock certificates. They are also to look into issues concerning wells on non-taxed land when the well is dropped.

Randy Ray presented an agreement concerning the use of easement that runs across the top of an inlet structure to Bernhardt Reservoir.

APPROVE THE PUBLIC SERVICE LICENSE AGREEMENT WITH BRAD GRASMICK’S CHANGES AND GIVE AUTHORITY TO THE EXECUTIVE COMMITTEE TO SIGN THE CONTRACT.
Motion: Everett Kissler
Second: John Tuttle
MOTION CARRIED

Justin Bieri reported on a member who has asked to do a quota trade to cover over-pumping. The trade would be from one zone to another that normally would not be allowed. However, there was an error on the list that this member received.

ACCEPT STAFF’S RECOMMENDATION AND ALLOW THE QUOTA TRADE FOR CONTRACT # 475 TO CONTRACT # 478.
Motion: Vern Kammerzell
Second: Everett Kissler
MOTION CARRIED

SPECIAL NOTE IS MADE OF THE FACT THIS WAS CENTRAL’S ERROR AND THIS TRADE WILL NOT BE ALLOWED TO OCCUR IN THE FUTURE.

Ruth Schaffer is taking over determining the annual quota, saving considerable engineering expense. She has done projection scenarios and gave a presentation to the board. This is a preliminary recommendation. Staff hopes to obtain a couple of new leases by next month.

There was discussion about a WAS quota. As of this time, there will be no quota announced for them. Staff continues to pursue leases and other water sources to enable to allow WAS to pump in the future.

Next were action items recommended from the Board committees and the Project Development Committee. The Policy Committee had a recommendation on Bas Chavez’s contract.

The next motion has to do with school districts and small municipalities. There are several entities that want to move a WAS well to GMS, with the provision that they will fully cover the pumping.

REFER TO THE POLICY COMMITTEE TO DEVELOP A POLICY REGARDING A “SPECIAL DISTRICT CLASS” WATER ALLOTMENT CONTRACT IN GMS FOR TAX EXEMPT ENTITIES.
Motion: John Tuttle
Second: Randy Knutson
MOTION CARRIED

Randy Ray presented a new recharge contract for approval with the request that all future recharge agreements be worded the same; to state that the grantor will be responsible for half of most operations and maintenance costs.

APPROVE THE RCS FARM RECHARGE CONTRACT WITHOUT THE NEW LANGUAGE.
Motion: Vern Kammerzell
Second: Bill Schmidt
MOTION CARRIED

Danyelle McCannon explained how all three districts have multiple funds. There are no incoming funds to the capital projects accounts anymore. By combining these accounts into other existing accounts, staff would eliminate three bank accounts, three Colotrust accounts and make the budget easier.

DIRECT STAFF SO THAT THE CAPITAL PROJECT FUNDS IN EACH DISTRICT BE COMBINED INTO THE OPERATING FUNDS FOR EACH DISTRICT.
Motion: Everett Kissler
Second: John Tuttle
MOTION CARRIED

REPORTS

Gary Herman asked if the board wanted to not hold a July board meeting again this year. It did not seem to cause any problems last year.

BY CONSENSUS OF THE BOARD THERE WILL BE NOT A JULY BOARD MEETING.

Ruthanne Schaffer presented slides about the first water going into the west ponds at Orchard, and the first water going into Pond C at Shores from Pond A.

Randy Ray discussed the idea of more work being needed at Pond C. This is about the Firestone drainage. It will cost $276,000 to build a structure across the floodway. It will allow 115 cfs a day of more water to enter it, when the water is available. Randy found sources in the existing budget for funding from WAS, and the majority from District. This structure will go across the current floodway. A silt pond will be built, and will be Central’s responsibility to keep the pond clean.

AUTHORIZE RANDY RAY TO PROCEED WITH CONSTRUCTING AN INLET STRUCTURE AT POND C.
Motion: Everett Kissler
Second: Doug Dill
MOTION CARRIED

Bernhardt inlet is another proposal. There’s a 55 cfs pipe that would cost $195,000 and a 50 cfs pipe that would cost $168,000. There’s already budgeted money in both District and GMS for inlets and outlets. There’s also $117,000 available in retainages which was budgeted but has already been paid.

PROCEED WITH THE $195,000 CFS FLOW RATE INLET AT BERNHARDT.
Motion: Everett Kissler
Second: Frank Eckhardt
MOTION CARRIED

There are repairs needed to LaPoudre Pond because it’s leaking from the bottom. It’s going to cost $97,600 to repair La Poudre. It is a District project, and there’s $100,000 in the Shores budget that will not be used and is available.

APPROVE THE LA POUDRE REPAIR ESTIMATE FOR $97,600.
Motion: Randy Knutson
Second: Everett Kissler
MOTION CARRIED

Tom Cech gave a report on an employee. Melanie Schneider has been fired after it was discovered that there had been misuse of her company credit card. The Greeley Police Department has been called, charges have been filed and Charles Hix Insurance will cover any losses to Central, with a $500 deductible. Interviewing for a new administrative assistant will begin on Wednesday, and new policy and procedures will be implemented to help prevent anything like this in the future.

Frank Eckhardt reported that the Colorado Farm Bureau asked if Central is interested in contributing money to a project that will put together a report on all the wells that have been monitored along the South Platte. This was a depth to well measurement. All the facts will be put together and brought to the state to prove that aquifer levels have risen. Colorado State University has done the research for this. The results will be brought to Ag Commissioner Stulp. The Farm Bureau and the Colorado Corn Growers have both contributed to this.

Gary Herman asked the Legislative/Education Committee to look into this request at their next meeting and report back to the board.

The meeting was adjourned at 3:34 P.M.

Respectfully submitted,

Kathy Parker

Public Information/Education Coordinator

Posted May 7, 2010 at 11:16am in WAS Minutes 3.16.2010

GMS Minutes 2.16.10

MINUTES OF THE

GROUNDWATER MANAGEMENT SUBDISTRICT OF THE

CENTRAL COLORADO WATER CONSERVANCY DISTRICT

February 16, 2010

The regular monthly meeting of the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District was held on Tuesday, February 16, 2010 at Central’s office located at 3209 West 28^th Street, Greeley, Colorado. The meeting was called to order at 10:00 A.M., and the following Directors were present: Gary Herman, President; Vern Kammerzell, Treasurer; Tom Brown, Everett Kissler, Randy Knutson, John Tuttle, Doug Dill, Don Rosenbrock, Ralph Anders, and Bill Schmidt. Frank Eckhardt Jr., Vice President; and Jim Reasoner were absent.

Others present were: Randy Ray, Operations Manager/Subdistrict Coordinator; Kathy Parker, Public Information/Education Coordinator; Lynn Kramer, Contracts Manager; and Brad Grasmick of Lind, Lawrence & Ottenhoff. Special guests were Joyce Wallace with West Greeley Conservation District and Meg Corwin, North Central Regional Director for Senator Bennet.

CONSENT CALENDAR

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, COMMITTEE MINUTES, AND FINANCIALS: ITEMS 1.1 – 1.8 OF JANUARY AND FEBRUARY, 2010 AS PRESENTED.

Motion: Doug Dill

Second: Don Rosenbrock

MOTION CARRIED

PUBLIC DISCUSSION

Meg Corwin with Senator Bennet’s office was present to listen to the meeting. She intends to attend several board meetings. Gary Herman invited Meg and Senator Bennet to attend board meetings and take a tour of Central’s facilities.

ACTION ITEMS

Brad Grasmick gave an update on the Box Elder Designated Basin court case. John Henderson is conflict counsel for Central. There has been a motion to dismiss the application filed. Meanwhile, Central is still seeking to withdraw from the case.

Lynn Kramer presented 4 GMS Class D Irrigation Water Allotment Contracts for board approval.

APPROVE THE NAME CHANGE FROM JACK DINIS, CONTRACT #400 TO EMPIRE DAIRY LLC, CONTRACT #400.
Motion: Everett Kissler
Second: Randy Knutson
MOTION CARRIED

APPROVE THE NAME CHANGE FROM JACK DINIS, CONTRACT #401 TO EMPIRE DAIRY LLC, CONTRACT #401.
Motion: Everett Kissler
Second: Randy Knutson
MOTION CARRIED

APPROVE THE NAME CHANGE FROM JACK DINIS, CONTRACT #402 TO EMPIRE DAIRY LLC, CONTRACT #402.
Motion: Everett Kissler
Second: Randy Knutson
MOTION CARRIED

APPROVE THE TRANSFER FROM GUY & JANET BERRY TRUST, CONTRACT #809 TO DELORES O. MARTINDALE, CONTRACT #1022.

Motion: Don Rosenbrock
Second: Ralph Anders

MOTION CARRIED

Lynn also gave an update on Bromley Holdings. They paid the $36,000 in late fees and fines that they owed.

Next were action items recommended from the Board committees and the Project Development Committee.

Bill Schmidt was asked to have the Policy Committee look into depletion and taxing issues on removing wells at their next meeting.

Randy Ray commented on the amendment to the services agreement with Rick Sandquist, who does some work for Central out at the Orchard Recharge facility.

SIGN THE AMENDMENT TO APPROVE THE INCREASE IN THE SERVICES AGREEMENT WITH WILDLAND MANAGEMENT SERVICES FROM AN ANNUAL MAXIMUM PAYMENT OF $5000 TO AN ANNUAL MAXIMUM PAYMENT OF $6500.
Motion: John Tuttle
Second: Bill Schmidt
MOTION CARRIED

There was discussion about a landowner near La Salle who feels Central should take responsibility for a high water table on his land. This is a problem that has existed in that area for years. Art Garcia has now hired an attorney.

DIRECT RANDY RAY AND JOHN TUTTLE TO WORK WITH CENTRAL ATTORNEYS TO WRITE A LETTER TO ART GARCIA.
Motion: Bill Schmidt
Second: Randy Knutson
MOTION CARRIED

KEEP THE RECHARGE PAYMENT FOR ACCRETIONS AT $40 PER ACRE FOOT.
Motion: Bill Schmidt
Second: John Tuttle
MOTION CARRIED

The board discussed the need for new, large water projects in the state.

AUTHORIZE GARY HERMAN TO SIGN THE LETTER OF INTEREST TO PARKER WATER AND SANITATION DISTRICT REGARDING THE FLAMING GORGE PIPELINE.
Motion: Everett Kissler
Second: Doug Dill
MOTION CARRIED

On a recent Washington D.C. trip, NRCS staff encouraged Central to set up a public meeting about the CREP program. No action was taken at this time. There will be research to determine if Central can come up with matching funds.

REPORTS

Randy Ray gave an update on Bret Hall and Pond C. It appears that Pond C is not completed yet. The survey has been halted, and any discussion about purchasing excess storage is postponed. In the interim, Central will be permitted to start storing water in Pond C beginning in March.

Randy Ray announced that the Morgan County Youth Hunt and Ladies Hunt are scheduled for March at the Orchard recharge site. Randy will connect any board member who is interested in this with organizer Rick Sandquist.

Randy gave a Member Log In update. Grant money is being used to set up this web based program that will allow members to report their meter data, and track their pumping. If any board member is interested in participating by being part of the test pilot program, please attend the next Education Committee meeting. Staff will have some screen shots to look at during next month’s board meeting.

Lower Poudre Augmentation Company had an agreement to swap water shares with Central originally. That changed to a direct sale of 2 shares of Greeley Irrigation Company to Central. A private party has now offered more money for the shares than Central was offering. Central has to come up with an additional $20,000 or drop out of negotiations. There had been no written contract, just a verbal agreement.

OFFER $60,000.00 TO LOWER POUDRE AUGMENTATION COMPANY FOR 2 SHARES OF GREELEY IRRIGATION COMPANY WATER.

Motion: Bill Schmidt

Second: Ralph Anders
MOTION CARRIED WITH RANDY KNUTSON VOTING NAY

Gary Herman reminded the board of a meeting with the board from the Lower South Platte Water Conservancy District on March 23.

Brad Grasmick reported that state water attorneys recently met with water referees on how to best move cases through the water court process. Some suggestions were made to streamline the process. These suggestions will go to the Colorado Water Congress and the State Bar.

The meeting was adjourned at 12:27 P.M.

Respectfully submitted,

Kathy Parker

Public Information/Education Coordinator

Posted April 24, 2010 at 2:05pm in GMS Minutes 2.16.10

District Minutes 01.19.2010

MINUTES OF THE

CENTRAL COLORADO WATER CONSERVANCY DISTRICT

January 19, 2010

The regular monthly meeting of the Central Colorado Water Conservancy District was held on Tuesday, January 19, 2010 at Central’s office located at 3209 West 28^th Street, Greeley, Colorado. The meeting was called to order at 10:00 A.M., and the following Directors were present: Gary Herman, President; Vern Kammerzell, Treasurer; Tom Brown, Everett Kissler, Jim Reasoner, Randy Knutson, John Tuttle, Doug Dill, Don Rosenbrock, Ralph Anders, and Bill Schmidt. Frank Eckhardt was absent.

Others present were: Tom Cech, Executive Director; Randy Ray, Operations Manager/Subdistrict Coordinator; Kathy Parker, Public Information/Education Coordinator; Lynn Kramer, Contracts Manager; Danyelle McCannon, Chief Financial Officer; Justin Bieri, Information Resource Manager, Doug Jackson, Data Coordinator, and Kim Lawrence of Lind, Lawrence & Ottenhoff. Special guests were Rob Graves with Fort Morgan Farms LLC, and Troy Bauder with Colorado State University Cooperative Extension.

CONSENT CALENDAR

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, COMMITTEE MINUTES, AND FINANCIALS: ITEMS 1.1 – 1.15 OF NOVEMBER AND DECEMBER, 2009 AS CORRECTED.
Motion: John Tuttle
Second: Randy Knutson
MOTION CARRIED

PUBLIC DISCUSSION

Gary Herman introduced new employee Doug Jackson. Doug was recently employed with the City of Longmont and has an extensive background in telemetry and data management.

Sherrie Linker was asked into the board meeting where Gary Herman made a presentation to Sherrie for 35 years of service to Central.

Troy Bauder from the Colorado State University Cooperative Extension made a presentation to the board regarding survey results that had been conducted on Public Perceptions, Preferences, and Values for Water in the West. The results gave the board much to think about and Kathy Parker, Education Coordinator, will use the results in developing Central’s education plan.

ACTION ITEMS

The Executive Committee had recently discussed a request from Aaron Million to sign a letter or interest in the pipeline project he is working on.

RATIFY THE EXECUTIVE COMMITTEE’S ACTION ON THE FLAMING GORGE PIPELINE AND THE SIGNING OF A LETTER OF INTEREST BY GARY HERMAN.
Motion: Doug Dill
Second: Jim Reasoner
MOTION CARRIED WITH JOHN TUTTLE VOTING NAY

Kim Lawrence discussed the November resume. The Town of Castle Rock is moving some of their water rights into Chatfield Reservoir. This was an informational piece; there is no reason to oppose.

In other legal actions, the City of Greeley and Central have agreed on working together rather than opposing each other in certain cases.

WITHDRAW FROM GREELEY’S 99CW231 AND 05CW326 CASES CONTINGENT UPON GREELEY’S WITHDRAWAL FROM CENTRAL’S CASES 07CW06, 05CW331, 07CW487 AND 05CW74.
Motion: Doug Dill
Second: John Tuttle
MOTION CARRIED

Tom Cech commented that this is an historic motion, establishing a new degree of cooperation between Central and the City of Greeley.

RATIFY THE CLAIMS CONTAINED IN THE APPLICATION AS AMENDED IN CASE #05CW331 DATED DECEMBER 23, 2009, AND TO RATIFY THE ACTIONS OF STAFF AND CONSULTANTS IN THE FILING OF THE AMENDED APPLICATION.
Motion: Everett Kissler
Second: Doug Dill
MOTION CARRIED

Kim Lawrence gave the board an update on the Box Elder Designated Basin case 07CV487.

APPROVE HIRING OF ATTORNEY JOHN HENDERSON, AS CONFLICT COUNSEL, TO REPRESENT CENTRAL IN THE FINAL STAGES OF THE CASE AND AUTHORIZE MR. HENDERSON TO FILE A MOTION FOR CCWCD TO WITHDRAW AS A PLAINTIFF.
Motion: Don Rosenbrock
Second: Randy Knutson
MOTION CARRIED

An item not on the agenda was a resolution dealing with board members having authorization to vote Central’s shares on ditch boards. Gary Herman was given consent to sign the resolution. The ditch companies that are involved will be listed as an exhibit. This list can be revised every year if need be.

Next were action items recommended from the Board committees and the Project Development Committee.

ADJOURN FOR LUNCH AND THEN RECONVENE.

REPORTS

Danyelle McCannon distributed an Audit hand out from Dan Schommer concerning the yearly audit and new audit processes.

Kathy Parker mentioned that Central would have a booth at the Colorado Farm Show on January 26 through 28. This year’s booth will feature the new groundwater model, samples of macroinvertabrates and a microscope, plus fact sheets and a slide show of many Central activities.

There was a Henrylyn Recharge/Box Elder report from Randy Ray. We are running water down Box Elder right now. This helps in water projections.

Randy Ray had a request from Ditch and Reservoir Company Alliance (DARCA) for sponsorship of their annual convention. There are different levels of support. Don Rosenbrock also requested that Central join the organization.

SPONSOR THE DARCA CONVENTION FOR $250 FOR 2010.
Motion: Bill Schmidt
Second: Everett Kissler
MOTION CARRIED

MOVE FOR THE DISTRICT TO BECOME A MEMBER OF DARCA.
Motion: Don Rosenbrock
Second: Ralph Anders
MOTION CARRIED

Tom Cech informed the board of a meeting between the Lower South Platte Water Conservancy District and CCWCD meeting on February 23 to talk about telemetry, water quality and other issues.

Tom had a request to sponsor a Legislative Lunch hosted by the Colorado Foundation for Water Education, on Wednesday February 24. It will be held in the Capitol building. It is a chance to educate new and returning legislators concerning water. Tom will also be emceeing the luncheon.

SPONSOR THE LEGISLATIVE LUNCH FOR $250 ON FEBRUARY 24.
Motion: Jim Reasoner
Second: Bill Schmidt
MOTION CARRIED

Chris Schall, Randy Ray and Tom Cech talked about the recent Washington, D.C. trip. It was the first trip with our new Federal lobbyists. Staff received some good information on grants. Randy reported that the USDA was very helpful. Tom stated that there is a lot of money available. Gary was very impressed with Ray Kogosvic and Associates, Central’s lobbyists.

Randy Knutson commented on the use of photographs on the board packets and thought it added a touch of class.

The meeting was adjourned at 2:21 P.M.

Respectfully Submitted,

Kathy Parker
Public Information/Education Coordinator

Posted April 7, 2010 at 12:58pm in District Minutes 01.19.2010

District Minutes 02.16.10

MINUTES OF THE

CENTRAL COLORADO WATER CONSERVANCY DISTRICT

February 16, 2010

The regular monthly meeting of the Central Colorado Water Conservancy District was held on Tuesday, February 16, 2010 at Central’s office located at 3209 West 28^th Street, Greeley, Colorado. The meeting was called to order at 10:00 A.M., and the following Directors were present: Gary Herman, President; Vern Kammerzell, Treasurer; Tom Brown, Everett Kissler, Randy Knutson, John Tuttle, Doug Dill, Don Rosenbrock, Ralph Anders, and Bill Schmidt. Frank Eckhardt Jr., Vice President; and Jim Reasoner were absent.

Others present were: Randy Ray, Operations Manager/Subdistrict Coordinator; Kathy Parker, Public Information/Education Coordinator; Lynn Kramer, Contracts Manager; and Brad Grasmick of Lind, Lawrence & Ottenhoff. Special guests were Joyce Wallace with West Greeley Conservation District and Meg Corwin, North Central Regional Director for Senator Bennet.

CONSENT CALENDAR

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, COMMITTEE MINUTES, AND FINANCIALS: ITEMS 1.1 – 1.8 OF JANUARY AND FEBRUARY, 2010 AS PRESENTED.

Motion: Doug Dill

Second: Don Rosenbrock

MOTION CARRIED

PUBLIC DISCUSSION

Meg Corwin with Senator Bennet’s office was present to listen to the meeting. She intends to attend several board meetings. Gary Herman invited Meg and Senator Bennet to attend board meetings and take a tour of Central’s facilities.

Gary Herman introduced Joyce Wallace, District Manager for West Greeley Conservation District. Kathy Parker reported to the board that Central and West Greeley Conservation District have been meeting with the intent to create a strong working partnership on education programs. There is also an opportunity to contract part time education help through a West Greeley Conservation District employee.

APPROVE A SHARED EMPLOYEE WITH WEST GREELEY CONSERVATION DISTRICT FOR THE SUM OF $13,000 FOR ONE YEAR, AND REVIEW A MEMORANDUM OF UNDERSTANDING PREPARED BY WEST GREELEY CONSERVATION DISTRICT AND CENTRAL.

Motion: Randy Knutson
Second: Everett Kissler
MOTION CARRIED

APPROVE THE $6,000 SPONSORSHIP WITH FUNDS FROM THE EDUCATION BUDGET FOR A PROJECT WET WORKSHOP IN JUNE.
Motion: Everett Kissler
Second: Doug Dill
MOTION CARRRIED

ACTION ITEMS

Brad Grasmick discussed the December resumes.

OPPOSE THE FOLLOWING CASES; #09CW181, BIJOU IRRIGATION COMPANY; #09CW264, CITY AND COUNTY OF DENVER; #09CW269, CITY OF STERLING; #09CW279, CASTLE PINES NORTH METRO DISTRICT; AND #09CW283, UNITED WATER & SANITATION DISTRICT.

Motion: Everett Kissler
Second: Tom Brown
MOTION CARRIED

Brad gave an update on the Box Elder Designated Basin court case. John Henderson is conflict counsel for Central. There has been a motion to dismiss the application filed. Meanwhile, Central is still seeking to withdraw from the case.

Next were action items recommended from the Board committees and the Project Development Committee.

There was discussion about a landowner near La Salle who feels Central should take responsibility for a high water table on his land. This is a problem that has existed in that area for years. Art Garcia has now hired an attorney.

DIRECT RANDY RAY AND JOHN TUTTLE TO WORK WITH CENTRAL ATTORNEYS TO WRITE A LETTER TO ART GARCIA.
Motion: Bill Schmidt
Second: Randy Knutson
MOTION CARRIED

GIVE CHRISTOPHER SCHALL PERMISSION TO DRAFT A LETTER OF INTENT WITH ALL THE PROGRAMS HE PRESENTED TO THE COMMITTEE: AWEP, WATER MARKETING & EFFICIENCY GRANTS, 2010 STUDY APPROPRIATION, AND 2010 FEDERAL APPROPRIATION.
Motion: John Tuttle
Second: Tom Brown
MOTION CARRIED

Meg Corwin said Senator Bennet would be glad to write a letter of support on the grant applications.

The board discussed the need for new, large water projects in the state.

AUTHORIZE GARY HERMAN TO SIGN THE LETTER OF INTEREST TO PARKER WATER AND SANITATION DISTRICT REGARDING THE FLAMING GORGE PIPELINE.
Motion: Everett Kissler
Second: Doug Dill
MOTION CARRIED

On a recent Washington D.C. trip, NRCS staff encouraged Central to set up a public meeting about the CREP program. No action was taken at this time. There will be research to determine if Central can come up with matching funds.

REPORTS

Randy Ray announced that the Morgan County Youth Hunt and Ladies Hunt are scheduled for March at the Orchard recharge site. Randy will connect any board member who is interested in this with organizer Rick Sandquist.

Gene Kammerzell has asked permission to use Central’s data publicly. This is information on depth to water measurement studies that Central has collected twice a year for many, many years. Central could publish the data as raw data, and then are not responsible for whatever is done with the data. It could put on the website, or just have the physical records available at the office for research. Central could add a written disclaimer when releasing this information. Staff should research what the best forum to submit these public records would be, and make recommendations to the Legislative/Education Committee.

INFORM GENE KAMMERZELL THAT THE DATA HE’S REQUESTED IS NOT YET AVAILABLE FOR PUBLIC USE BUT THAT IT WILL BECOME AVAILABLE ON CENTRAL’S WEBSITE. THERE WILL BE A DISCLAIMER ATTACHED TO THE DATA WHEN IT IS RELEASED.
Motion: Randy Knutson
Second: Bill Schmidt
MOTION CARRIED

BEFORE PUBLISHING ANY SCIENTIFIC DATA AND INFORMATION IT WILL FIRST GO THROUGH THE COMMITTEE PROCESS.
Motion: Everett Kissler

Second: Tom Brown
MOTION CARRIED

Gary Herman reminded the board of a meeting with the board from the Lower South Platte Water Conservancy District on March 23.

Brad Grasmick reported that state water attorneys recently met with water referees on how to best move cases through the water court process. Some suggestions were made to streamline the process. These suggestions will go to the Colorado Water Congress and the State Bar.

The meeting was adjourned at 12:27 P.M.

Respectfully submitted,

Kathy Parker

Public Information/Education Coordinator

Posted February 16, 2010 at 12:00am in District Minutes 02.16.10

WAS Minutes 1.19.2010

MINUTES OF THE

WELL AUGMENTATION SUBDISTRICT OF THE

CENTRAL COLORADO WATER CONSERVANCY DISTRICT

January 19, 2010

The regular monthly meeting of the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District was held on Tuesday, January 19, 2010 at Central’s office located at 3209 West 28^th Street, Greeley, Colorado. The meeting was called to order at 10:00 A.M., and the following Directors were present: Gary Herman, President; Vern Kammerzell, Treasurer; Tom Brown, Everett Kissler, Jim Reasoner, Randy Knutson, John Tuttle, Doug Dill, Don Rosenbrock, Ralph Anders, and Bill Schmidt. Frank Eckhardt was absent.

Others present were: Tom Cech, Executive Director; Randy Ray, Operations Manager/Subdistrict Coordinator; Kathy Parker, Public Information/Education Coordinator; Lynn Kramer, Contracts Manager; Danyelle McCannon, Chief Financial Officer; Justin Bieri, Information Resource Manager, Doug Jackson, Data Coordinator, and Kim Lawrence of Lind, Lawrence & Ottenhoff. Special guests were Rob Graves with Fort Morgan Farms LLC, and Troy Bauder with Colorado State University Cooperative Extension.

CONSENT CALENDAR

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, COMMITTEE MINUTES, AND FINANCIALS: ITEMS 1.1 – 1.15 OF NOVEMBER AND DECEMBER, 2009 AS CORRECTED.
Motion: John Tuttle
Second: Randy Knutson
MOTION CARRIED

PUBLIC DISCUSSION

Gary Herman introduced new employee Doug Jackson. Doug was recently employed with the City of Longmont and has an extensive background in telemetry and data management.

Sherrie Linker was asked into the board meeting where Gary Herman made a presentation to Sherrie for 35 years of service to Central.

A hearing on over-pumping for Ft. Morgan Farms, LLC was reopened at 10:31 AM. Roll call was taken, the hearing was recorded and Justin Bieri gave a background on the hearing, which first was opened in 2008.

This concerns contract #986 in the WAS Subdistrict. In August, 2008, Central staff discovered the well was pumping, and WAS had no allotment at the time. Therefore, over-pumping was assumed. Ft. Morgan Farms thought they were pumping under a substitute water supply plan (SWSP) that had been filed. This was not the case as the State never approved it. The January, 2009 hearing ascertained that Ft. Morgan Farms was pursuing a SWSP. The board decided at that time to wait and see what happened.

Since 2008 there has been no more pumping. WAS has not yet replaced the water pumped in 2008. Ft. Morgan Farms now has a court approved SWSP that addressed the over pumping and future pumping. The question before the board today is to decide if they want to assess a fine and/or penalty or just decide that the matter is taken care of.

Rob Graves spoke next. He had to replace 100% of the assumed over-pumping, giving WAS excess water. He is pursuing a final decree for this well with his own augmentation plan. Rob replaced the pre-2006 pumping and WAS is replacing it as well.

Kim Lawrence remarked that WAS is not responsible for Ft. Morgan Farms’ depletions.

At the last hearing there was a motion approved by the board that Ft. Morgan Farms should be responsible for any legal or engineering costs. Legal costs are estimated at around $1300, and engineering should come in at around $1000.

BASED ON WHAT’S BEEN PRESENTED AND THAT FT. MORGAN FARMS, LLC HAS GONE BEYOND WHAT WAS REQUIRED, CENTRAL SHOULD FORGIVE ANY PENALTIES BUT THAT FT. MORGAN FARMS SHOULD BE RESPONSIBLE FOR THE LEGAL AND ENGINEERING FEES, WHATEVER THAT’S DETERMINED TO BE. PAYMENT SHALL BE MADE WITHIN 2 WEEKS OF ENGINEERING DETERMINING THEIR FINAL COST AND REPORTING THAT COST TO JUSTIN BIERI.
Motion: Don Rosenbrock
Second: Everett Kissler
MOTION CARRIED

ELIMINATE ANY STRIKES PLACED ON CONTRACT #986 AS WELL.
Motion: Don Rosenbrock
Second: Everett Kissler
MOTION CARRIED

ADJOURN THE HEARING AND RECONVENE INTO GENERAL SESSION.
Motion: Don Rosenbrock
Second: Vern Kammerzell
MOTION CARRIED AT 11:02 A.M.

ACTION ITEMS

The Executive Committee had recently discussed a request from Aaron Million to sign a letter or interest in the pipeline project he is working on.

RATIFY THE EXECUTIVE COMMITTEE’S ACTION ON THE FLAMING GORGE PIPELINE AND THE SIGNING OF A LETTER OF INTEREST BY GARY HERMAN.
Motion: Doug Dill
Second: Jim Reasoner
MOTION CARRIED WITH JOHN TUTTLE VOTING NAY

An item not on the agenda was a resolution dealing with board members having authorization to vote Central’s shares on ditch boards. Gary Herman was given consent to sign the resolution. The ditch companies that are involved will be listed as an exhibit. This list can be revised every year if need be.

Lynn Kramer presented 3 WAS Class D Irrigation Water Allotment Contracts for board approval.

APPROVE THE TRANSFER FROM ANDERS BROTHERS CONTRACT #6, TO CASTLE PINES NORTH METROPOLITAN DISTRICT CONTRACT #1017.
Motion: Randy Knutson
Second: Bill Schmidt
MOTION CARRIED WITH RALPH ANDERS ABSTAINING

APPROVE THE NAME CHANGE FROM MARGARET MCGLOTHLIN REVOCABLE TRUST CONTRACT #842 TO MCGLOTHLIN FARMS, LLC CONTRACT #842.
Motion: Randy Knutson
Second: Bill Schmidt
MOTION CARRIED

DO NOT RENEW EDMUND J. AND LOA J. DUGGAN TRUST CONTRACT #149 FOR THE YEAR 2010.
Motion: Ralph Anders
Second: Jim Reasoner
MOTION CARRIED

This non-renewal was at the request of the contract holder.

Next were action items recommended from the Board committees and the Project Development Committee.

Randy Ray discussed the Lupton Bottoms Carriage fee agreement. This is to fill Koenig Reservoir. The fee went last year from $5000 to $8500. Randy needs board approval and motion to pay this amount.

APPROVE PAYING $8500 TO LUPTON BOTTOMS DITCH COMPANY FOR THE CARRIAGE FEE TO FILL KOENIG FOR 2009 AND 2010.
Motion: Jim Reasoner
Second: Randy Knutson
MOTION CARRIED

ADJOURN FOR LUNCH AND THEN RECONVENE.

The following agreement would expire in 2016, or prior to that date if the lateral is constructed.

APPROVE THE AUGMENTATION STATION AGREEMENT BETWEEN CENTRAL AND VARRA COMPANIES INC., SAND LAND INC., PASQUALE VARRA AND JACQUELINE VARRA.
Motion: Everett Kissler
Second: John Tuttle
MOTION CARRIED

The following water purchase has been investigated thoroughly as far as dry-up and other issues. The money is available in the budget.

PROCEED WITH THE PURCHASE OF THE 2 SHARES OF THE GREELEY IRRIGATION COMPANY FROM LOWER POUDRE AUGMENTATION COMPANY FOR THE PRICE OF $50,000 PER SHARE.
Motion: John Tuttle
Second: Bill Schmidt
MOTION CARRIED

The following shares will be placed on the open market because they have not been through a change of use and there is not much consumptive use.

PLACE THE 4 SHARES OF NEW CACHE THAT GMS OWNS ON THE MARKET.
Motion: Bill Schmidt
Second: John Tuttle
MOTION CARRIED

The lease proposal from the City of Greeley is for Colorado Big Thompson water units. This is a direct result of Senate Bill 247 that Central lobbied for last year.

LEASE 4,000 AF OF CBT FROM THE CITY OF GREELEY AT $25 PER ACRE-FOOT FOR A TOAL LEASE PAYMENT OF $100,000.
Motion: Everett Kissler
Second: Jim Reasoner
MOTION CARRIED

The closing is set for the sale of Weldon Valley shares to the 70’s Ranch on January 22.

RATIFY THE TERMS OF THE LEASE BACK AGREEMENT AND THE ACTIONS OF STAFF AND CONSULTANTS NECESSARY TO FORMALIZE AND EXECUTE THE AGREEMENT WITH 70’S RANCH FOR 13.75 SHARES OF WELDON VALLEY.
Motion: Jim Reasoner
Second: Doug Dill
MOTION CARRIED

REPORTS

There was a Henrylyn Recharge/Box Elder report from Randy Ray. We are running water down Box Elder right now. This helps in water projections.

Tom Cech informed the board of a meeting between the Lower South Platte Water Conservancy District and CCWCD meeting on February 23 to talk about telemetry, water quality and other issues.

The meeting was adjourned at 2:21 P.M.

Respectfully submitted,

Kathy Parker

Public Information/Education Coordinator

Posted January 19, 2010 at 12:00am in WAS Minutes 1.19.2010

GMS Minutes 1.19.2010

MINUTES OF THE

GROUNDWATER MANAGEMENT SUBDISTRICT OF THE

CENTRAL COLORADO WATER CONSERVANCY DISTRICT

January 19, 2010

The regular monthly meeting of the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District was held on Tuesday, January 19, 2010 at Central’s office located at 3209 West 28^th Street, Greeley, Colorado. The meeting was called to order at 10:00 A.M., and the following Directors were present: Gary Herman, President; Vern Kammerzell, Treasurer; Tom Brown, Everett Kissler, Jim Reasoner, Randy Knutson, John Tuttle, Doug Dill, Don Rosenbrock, Ralph Anders, and Bill Schmidt. Frank Eckhardt was absent.

Others present were: Tom Cech, Executive Director; Randy Ray, Operations Manager/Subdistrict Coordinator; Kathy Parker, Public Information/Education Coordinator; Lynn Kramer, Contracts Manager; Danyelle McCannon, Chief Financial Officer; Justin Bieri, Information Resource Manager, Doug Jackson, Data Coordinator, and Kim Lawrence of Lind, Lawrence & Ottenhoff. Special guests were Rob Graves with Fort Morgan Farms LLC, and Troy Bauder with Colorado State University Cooperative Extension.

CONSENT CALENDAR

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, COMMITTEE MINUTES, AND FINANCIALS: ITEMS 1.1 – 1.15 OF NOVEMBER AND DECEMBER, 2009 AS CORRECTED.
Motion: John Tuttle
Second: Randy Knutson
MOTION CARRIED

PUBLIC DISCUSSION

Gary Herman introduced new employee Doug Jackson. Doug was recently employed with the City of Longmont and has an extensive background in telemetry and data management.

Sherrie Linker was asked into the board meeting where Gary Herman made a presentation to Sherrie for 35 years of service to Central.

ACTION ITEMS

The Executive Committee had recently discussed a request from Aaron Million to sign a letter or interest in the pipeline project he is working on.

RATIFY THE EXECUTIVE COMMITTEE’S ACTION ON THE FLAMING GORGE PIPELINE AND THE SIGNING OF A LETTER OF INTEREST BY GARY HERMAN.
Motion: Doug Dill
Second: Jim Reasoner
MOTION CARRIED WITH JOHN TUTTLE VOTING NAY

Kim Lawrence brought up an item not on the agenda. The Union Ditch Company has created their own augmentation plan. They filed in 2003, and it’s still pending. They’ve been operating on a SWSP and are on their 4^th amendment. The board discussed how all augmentation providers should operate under the same rules. GMS and WAS both had to obtain their court decrees within the required time limits. Kim can ask that a court date be assigned or go back to the courts and ask them to reconsider. There’s a similar situation with the Town of La Salle, who filed in 2004. Kim can speak with attorneys for Union Ditch and the Town of La Salle. Continued delays in obtaining permanent decrees will also be more costly to Central than going to a court hearing.

DIRECT KIM LAWRENCE TO NEGOTIATE WITH ATTORNEYS FROM THE UNION DITCH COMPANY AND THE TOWN OF LA SALLE TO REQUEST A COURT DATE BE ASSIGNED FOR THEIR SUBSTITUTE WATER SUPPLY PLANS TO BE DECREED, OR CENTRAL WILL ASK THE COURTS TO RE-REFER.
Motion: Randy Knutson
Second: Bill Schmidt
MOTION CARRIED WITH TOM BROWN AND VERN KAMMERZELL ABSTAINING

Another item not on the agenda was a resolution dealing with board members having authorization to vote Central’s shares on ditch boards. Gary Herman was given consent to sign the resolution. The ditch companies that are involved will be listed as an exhibit. This list can be revised every year if need be.

Lynn Kramer presented 6 GMS Class D Irrigation Water Allotment Contracts for board approval.

APPROVE THE TRANSFER FROM ANDERS PARTNERSHIP CONTRACT #274 TO CASTLE PINES NORTH METRO DIST CONTRACT #1018
Motion: Bill Schmidt
Second: Randy Knutson
MOTION CARRIED WITH RALPH ANDERS ABSTAINING

APPROVE THE TRANSFER FROM ANDERS PARTNERSHIP CONTRACT #275 TO CASTLE PINES NORTH METRO DIST CONTRACT #1019
Motion: Bill Schmidt
Second: Randy Knutson
MOTION CARRIED WITH RALPH ANDERS ABSTAINING

APPROVE THE TRANSFER FROM ANDERS PARTNERSHIP CONTRACT #970 TO CASTLE PINES NORTH METRO DIST CONTRACT #1020
Motion: Bill Schmidt
Second: Randy Knutson
MOTION CARRIED WITH RALPH ANDERS ABSTAINING

APPROVE THE TRANSFER FROM FRED W. ARENS JR. LIVING TRUST, CHARLES F. ARENS, AND RICHARD L. ARENS CONTRACT #792 TO CHARLES F. ARENS CONTRACT #498.
Motion: Bill Schmidt
Second: Randy Knutson
MOTION CARRIED

APPROVE THE CORRECTION FROM COLORADO STATE CONTRACT #1010 TO COLORADO STATE CONTRACT #1010.
Motion: Bill Schmidt
Second: Randy Knutson
MOTION CARRIED

The irrigated acres are reduced from 40 to 20.

APPROVE THE TRANSFER FROM GREENLEAF WHOLESALE FLORIST, INC. CONTRACT #386 TO VESTAS BLADES AMERICA, INC. CONTRACT #1021.
Motion: Bill Schmidt
Second: Randy Knutson
MOTION CARRIED

Next were action items recommended from the Board committees and the Project Development Committee.

Randy Ray discussed the Lupton Bottoms Carriage fee agreement. This is to fill Koenig Reservoir. The fee went last year from $5000 to $8500. Randy needs board approval and motion to pay this amount.

APPROVE PAYING $8500 TO LUPTON BOTTOMS DITCH COMPANY FOR THE CARRIAGE FEE TO FILL KOENIG FOR 2009 AND 2010.
Motion: Jim Reasoner
Second: Randy Knutson
MOTION CARRIED

ADJOURN FOR LUNCH AND THEN RECONVENE.

Randy Ray presented the latest agreement for signing regarding contract holders with dual Latham/Central plans. Approximately 25% of their Central assessment will be refunded back to them if the Latham dual plan member signs this contract.

APPROVE THE AGREEMENT FOR 1 YEAR BETWEEN THE LOWER LATHAM RESERVOIR COMPANY, THE LOWER LATHAM ASSET MANAGEMENT COMPANY AND THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT REGARDING THE “LEASE BACK” OF LATHAM/GMS DUAL PLAN WELL OWNER’S ANNUAL ALLOCATION.
Motion: Ralph Anders
Second: Randy Knutson
MOTION CARRIED WITH BILL SCHMIDT VOTING NAY

The Project Development Committee had recommended the following motion based on information from Contracts Manager Lynn Kramer. This is a contract that had asked to be deleted.

ASSESS THE CITY OF BRIGHTON $112.00 PER ACRE FOOT FOR THE POST PUMPING DEPLETIONS ASSOCIATED WITH CONTRACT #506 DUE 30 DAYS FROM THE DATE OF THE INVOICE, ONCE THEY PAY THIS THEIR CONTRACT WILL BE AUTOMATICALLY DELETED.
Motion: Everett Kissler
Second: Jim Reasoner
MOTION CARRIED

Bromley Mineral Holdings did not pay their 2009 assessments; they asked that the following contracts be deleted.

DIRECT KIM LAWRENCE TO CORRESPOND WITH BROMLEY MINERAL HOLDINGS LLC AND THE CITY AND COUNTY OF DENVER REGARDING 2009 ASSESSMENTS, LATE FEES AND OVER-PUMPING FINES FOR CONTRACTS #805, #997 AND #998 AND NOTIFY JIM HALL, DIVISION ENGINEER.
Motion: Everett Kissler
Second: Vern Kammerzell
MOTION CARRIED