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 28th 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
