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 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.
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 4th 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
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.
Jim Reasoner gave an update on the recent Groundwater Management Districts Association (GMDA) update. Jim reported that there was a lot of good information that came out of it, there were good speakers and the event was well attended. Tom Cech is president of the organization for 2010, and Jim is a board member.
The meeting was adjourned at 2:21 P.M.
Respectfully submitted,
Kathy Parker
Public Information/Education Coordinator
