MINUTES OF THE WELL AUGMENTATION SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT March 19, 2013

May 2nd, 2013 @   - 

The regular monthly meeting of the Central Colorado Water Conservancy District was held on Tuesday, March 19,2013, 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; Frank Eckhardt, Vice President; Vern Kammerzell, Treasurer; Everett Kissler, Doug Dill, Randy Knutson, Alan Axton, Chad Schafer, Tom Brown, Don Rosenbrock, Bill Schmidt and Dave Bernhardt. Ralph Anders and John Tuttle were absent. Jim Reasoner was present by teleconference.

Others present were: Randy Ray, Executive Director; Lynn Kramer, Contracts Manager; Kathy Parker, Public Information/Education Officer; Ruthanne Schaffer, Senior Water Accountant, Danyelle McCannon, Financial Analyst; and Kim Lawrence of Lawrence, Jones, Custer and Grasmick. Special guests were Don Diones with George K Bawn, Rick Brady, Interim Director for the Poudre Heritage Alliance, Kelly Close with Leonard Rice Engineers, Matt Tight and Randy Palombo with Colotrust, Josh Shipman and Jason Von Lembke with 70 Ranch, and constituent Judi Alexander.
President Gary Hennan opened the meeting.

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, AND MINUTES OF FEBRUARY AND MARCH AS PRESENTED.
Motion: Dave Bernhardt
Second: Vern Kammerzell
MOTION CARRIED

PUBLIC DISCUSSION

Kelly Close with Leonard Rice Engineers gave a presentation to the board about the public and internal websites that LRE has developed in partnership with CCWCD. It is a rather unique model that is being shown to other organizations as an example of the great possibilities available in collection and sharing of data from augmentation stations and other water data. The capabilities of these websites are vast and very helpful to staff and members.

ACTION ITEMS

Lynn Kramer had 4 Class D Non-Irrigation Water Allotment Contracts for board approval. Two were name changes and two were transfers, with no changes to any of them.

APPROVE THE NAME CHANGE FROM JOSEPH A RAITH JR CONTRACT # 851 TO MORNING FRESH FARMS INC, #851.
Motion: Chad Schafer
Second: Randy Knutson
MOTION CARRIED

APPROVE THE NAME CHANGE FROM JOSEPH A RAITH JR CONTRACT # 850 TO MORNING FRESH FARMS INC, #850.
Motion: Chad Schafer
Second: Randy Knutson
MOTION CARRIED

APPROVE THE TRANSFER FROM RONALD & PATRICIA COOK CONTRACT #197 TO STEVE SHARP, CONTRACT #1073.
Motion: Chad Schafer
Second: Randy Knutson
MOTION CARRIED

APPROVE THE TRANSFER FROM RONALD & PATRICIA COOK CONTRACT #198 TO STEVE SHARP, CONTRACT #1074.
Motion: Chad Schafer
Second: Randy Knutson
MOTION CARRIED

Lynn asked that the following 3 contracts not be renewed for 2013 and the wells deleted from the WAS decree.
APPROVE THE NON-RENEWALS AND DELETIONS FROM THE WAS DECREE FOR
• CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, CONTRACT #890
• CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, CONTRACT #891
• EIGORO HORIUCHI, CONTRACT #901
Motion: Randy Knutson
Second: Chad Schafer
MOTION CARRIED

ADJOURN FOR LUNCH AND THEN RECONVENE.

The next item was a request to approve the contract for a purchase of 80 shares of Lupton Meadows and the farm, for $1.15 million. The closing will be soon.

APPROVE THE CONTRACT TO PURCHASE LAND & WATER FROM SARCHET MILDRED MAE LLC, PURSUANT TO THE TERMS OF AGREEMENT DATED 2/21/13.
Motion: Frank Eckhardt
Second: Chad Schafer
MOTION CARRIED

Staff was asking for approval of an amendment to the Water Supply and Storage Company (WSSC) lease.

APPROVE THE AMENDMENT TO THE WSSC LEASE.
Motion: Chad Schafer
Second: Dave Bernhardt
MOTION CARRIED

Ruth Schaffer discussed the Platte River Power Authority’s (pRPA) need for CBT water and how staff can transfer CBT to them and they will transfer other shares back to Central.

APPROVE THE PRPA CONTRACT.
Motion: Vern Kammerzell
Second: Dave Bernhardt
MOTION CARRIED

Randy Ray discussed the request for approval from the board for staff to represent the board at ditch board meetings.

APPROVE THE RESOLUTION ON REPRESENTATION OF STOCK SHARES WITH THE INCLUSION OF GARY HERMAN’S NAME ON THE RESOLUTION.
Motion: Vern Kammerzell
Second: Dave Bernhardt
MOTION CARRIED

The following motions need ratification from the board.

RATIFY THE APPLICATION FOR GODDING & RURAL SHARES, CASE 13CW29. Motion: Chad Schafer
Second: Everett Kissler
MOTION CARRIED

The Godding operating agreement has been agreed to, but needs board ratification. There are a couple of paragraphs being amended.

RATIFY THE AMENDMENT TO THE GODDING OPERATING AGREEMENT, DATED MARCH 1.
Motion: Vern Kammerzell
Second: Everett Kissler
MOTION CARRIED

The last agreement needing ratification is for the Rural Ditch Company. Central is going to build a structure at the top end of the ditch. There will also be an augmentation station in the future.

RATIFY THE AMENDMENT TO THE RURAL DITCH COMPANY OPERATING
AGREEMENT.
Motion: Everett Kissler
Second: Doug Dill
MOTION CARRIED

I MOVE TO ADJOURN THE OPEN MEETING AND GO INTO EXECUTIVE SESSION TO
DISCUSS THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE OF, REAL,
PERSONAL OR OTHER PROPERTY INTEREST UNDER SECTION 24-6-402(4)(A) CR.S.
Motion: Everett Kissler
Second: Frank Eckhardt
MOTION CARRIED AT 3:05 PM

Gary Herman announced:

THE TIME IS NOW 3:40 PM, AND THE EXECUTIVE SESSION HAS BEEN ADJOURNED
AND THE OPEN MEETING RECONVENED.

Discussion moved on to the Hydro Advisors agreement. Hydro Advisors has asked for an extension on their payment to CCWCD.

PROCEED WITH A ONE-MONTH EXTENSION FOR HYDRO ADVISORS.
Motion: Everett Kissler
Second: Randy Knutson
MOTION CARRIED WITH CHAD SCHAFER AND FRANK ECKHARDT VOTING NAY

The following motions concern operational agreements.

APPROVE THE BYPASS AGREEMENTS FOR WESTERN DITCH AND FIDCO WITH
PETROCCO FARMS, AS WRITTEN WITH THE $500 FEE.
Motion: Bill Schmidt
Second: Frank Eckhardt
MOTION CARRIED

APPROVE BIG FOOT TURF’S USE OF THE PLUMB DITCH AUGMENTATION STATION
WITH A $500 FEE AND $10 PER AF RUNNING FEE.
Motion: Vern Kammerzell
Second: Everett Kissler
MOTION CARRIED

The GMS and WAS committees had recommended a water swap for the subdistricts that will help allow WAS to pump and ensure better efficiency of water shares.

CHOOSE OPTION 2 FOR A WAS AND GMS SWAP.
Motion: Everett Kissler
Second: Doug Dill
MOTION CARRIED

The Division Engineer has to approve the water swap, and then there is a time frame while the courts rule on the SWSP and the projections.

SET A 5% QUOTA FOR WAS FOR 2013 SUBJECT TO STATE APPROVAL.
Motion: Vern Kammerzell
Second: Everett Kissler
MOTION CARRIED WITH BILL SCHMIDT VOTING NAY

APPROVE THE AUGMENTATION STATION AGREEMENT FOR THE GODFREY AUG STATION WITH MARK GOLDSTEIN FOR SORIN FOR 1 YEAR AT $10 PER AF PLUS $500 PER APPLICATION, CONTINGENT ON GETTING AN AGREEMENT WITH THE DITCH COMPANY.
Motion: Don Rosenbrock
Second: Frank Eckhardt
MOTION CARRIED

APPROVE THE AUGMENTATION STATION AGREEMENT WITH BIG THOMPSON, KEEPING THE FEE AT $10 PER ACRE FOOT PLUS $500 PER APPLICATION FOR 1 YEAR. Motion: Dave Bernhardt Second: Don Rosenbrock MOTION CARRIED
MOVE TO SIGN CONFIDENTIALITY AGREEMENT AND CONTINUE NEGOTIATIONS. Motion: Alan Axton
Second: Chad Schafer
MOTION CARRIED

REPORTS

Presidents Report

Gary reported the new committee process seemed to work well except there wasn’t much participation from the CCWCD committee members.

Secretary’s Report

Randy gave a snowpack report showing the South Platte Basin is still about at 70%.

Subdistrict Report:

There was none.

Unscheduled Business:

The regular meeting was adjourned at 4:06 PM.

Respectfully submitted,
Kathy Parker
Public Information/Education

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