St.Vrain and Left Hand Water Conservancy District ... - Svlhwcd.org

St. Vrain and Left Hand Water Conservancy District
Minutes of the Board Meeting Held at
District Headquarters, Natural Resources Building
9595 Nelson Road; 1st Floor; Longmont, CO 80501
December 10, 2012
I. INFORMALMEETING
At 12:15 p.m. the Directors had an informal discussion.
Nothing of significance was decided.
II.
ROUTINEITEMS
A. Roll Call - Amy Williams
Board members attending the meeting were President Dennis Yanchunas, Vice President Glenn
Patterson, Treasurer Michael Rademacher, Directors Harold Nelson Bill Haselbush, Doug Lyle, and
Ron Sutherland. Director Bob Brand was unable to attend. At this time there is no Director for
District 3.
The following staff members were present: Executive Director Sean Cronin and Administrative
Assistant Amy Williams. Also present was District Legal Counsel Scott Holwick and District
Engineer Mark McLean. Please see the end for additional guests in attendance.
B. Callto Order - President Yanchunas
President Yanchunas called the meeting to order at 1:00 pm.
C. Amendments or Additions to the Agenda - President Yanchunas
President Yanchunas asked for any amendments
were none.
or additions to the agenda. Mr. Cronin noted there
III.
CONSENTAGENDA
A. Motion: Approval of November 10 th Minutes
President Yanchunas requested any corrections or additions to the November 10 th minutes. There
were none and a motion to approve the November minutes was made by Treasurer Rademacher
and seconded by Director Haselbush. The motion was passed unanimously.
IV.
DISCUSSIONITEMS
A. Legal Report - Mr. Scott Holwick
President Yanchunas asked Mr. Holwick to present his report at this time.

1. Resume Review - Mr. Holwick noted that aside from Longmont's application
reviewed below, there were no other applications published in the October resume
that involved water rights in the St. Vrain basin.
2. Application of Longmont - Oligarchy APODS - Mr. Holwick reminded the Board
that at the November meeting it was agreed that a statement of opposition in Case
No. 12CW231 would be filed. The District has already received a draft proposed
ruling from Longmont but is waiting before the statement of opposition period ends
before reviewing it.
3. Application of Golden G Gravel, et al., Case No. 08CW275 - Mr. Holwick noted
that the District is being asked to provide final comments on the proposed decree by
December 11th. A status call with the referee is to be held on December 12th. The
Board will go into executive session during the December Board meeting to discuss
the possibility of settlement regarding the inclusion of the wetlands in the property
subject to the existing augmentation agreement.
4. Proposed Firestone Urban Renewal Authority Cooperation Agreement - Mr.
Holwick shared that in late October, the Firestone Urban Renewal Authority
("FURA") sent the District a draft Cooperation Agreement ((lIGA"). The Town of
Firestone established FURAto mitigate blight in the Southern Firestone plan area
(roughly the western side of the intersection of 1-25 and Hwy. 119). FURAproposes
to capture tax revenues from all governmental taxing entities (i.e., St. Vrain Valley
School District, St. Vrain Sanitation District, Northern Colorado Water Conservancy
District, etc.) and distribute such tax revenues to the various entities pursuant to
IGAs. Counsel and Sean Cronin have talked with Northern about the possibility of
cooperating to negotiate the two District's separate IGAs. Mr. Holwick stated that
Northern should have met with Firestone prior to the Board's December meeting
and he feels any agreements reached between the Urban Renewal Authority and
Northern could serve as a guideline for an agreement with the District.
5. Ditch Burning Practice - Mr. Holwick stated that a committee met in October to
brainstorm about how best to insure that agricultural ditch burning may continue
without being overly restricted while making sure best practices are used when
burning. Whitey O'Malley of the New Coal Ridge Ditch company compiled a first
version of a Best Practices document which the Water Users Association will
consider at its February 4th Annual meeting. If any Directors are interested in
joining this committee and/or attending the February 4th meeting they should let
Mr. Holwick know and he will provide them with meeting information.
6. Proposed Legacy Ditch Legislation - Mr. Holwick shared the status of this
legislation noting that it has found sponsors and will be brought to legislation in
2013.
Mr. Holwick also noted there was another issue he has been watching, that of the
water community and its dissatisfaction with having to go to water court and
grapple with the ghosts of decisions made in 1870. A proposal has been made that
anything that happened between 1882 and date certain, which has now been

determined as 1943, should not be scrutinized. This year was chosen by the author
of the legislation as a seminal water year with much being enacted.
Mr. Holwick also mentioned another previously discussed legislative issue that will
most likely be introduced again in 2013. With the knowledge that so many ditches
are diverting at different locations that what they may have originally been decreed,
this legislation has been suggested that if a ditch is diverting very close to where it
historically should be, and there are no other water rights injuries, this could be
simply an administrative change, and would not require going to court for a change
of point of location.
With no further information to provide to the Board of Directors at this time, President Yanchunas
thanked Mr. Holwick for his report.
B. Engineering Report - Mr. Mark McLean
Mr. McLean discussed the snowpack report at the end of November which showed the snowpack at
a record low. He shared he has been working with the staff and the State, evaluating the needs for
facilities necessary for the augmentation plan. Mr. McLean has also been working on behalf of both
the District and the City of Longmont regarding the Golden Augmentation plan, noting that there
are a couple of things identified in the plan that are not quite sufficient. President Yanchunas
thanked Mr. McLean for his report.
C. Water Commissioners Report - Ms. Shera Sumerford
President Yanchunas asked the Water Commissioner to share her report with the Board. Ms.
Sumerford stated that the call on the Main Stem was Empire Reservoir bypass to Jackson Lake,
dated 5/18/1905, administrative number 2226. The call on the St. Vrain was Highland Lake, dated
5/31/1874, administrative number 8917. The Lyons gauge that morning read 11.9 cfs and the
reservoirs were 59.9% full at the end of November. According to the Water Commissioner Upper
Colorado now has a snowpack level of 48%, the S. Platte has a level of 56%, and the St. Vrain basin
is at 39.5%.
Ms. Sumerford shared that there is again a beaver dam obstruction in the river, in the same general
area as earlier in the year. The best way to remove the obstruction was discussed with the Water
Commissioner. The possibility of hiring a trapper for a beaver relocation was suggested and the
Executive Director has been asked to investigate the best way to remove the obstruction. President
Yanchunas thanked Ms. Sumerford for her report to the Board of Directors.
Mr. Holwick reminded the Board that in 2011 an effort was made to name some ditches as historic
by the State Historic preservation office, however this did not go through. That being said, Mr.
Holwick is aware of at least 4 ditch rehabilitation projects that have been started, and have been
held up. In these instances the Corp of Engineers has been notified of the rehabilitation and is
automatically sending referral letters for a historical review to its district office in Omaha. In
addition the State of Colorado Historic Preservation office is receiving notice. This is apparently
keeping some projects from completion. Mr. Holwick has mentioned this to both Ms. Sumerford
and Dave Nettles, asking them to keep this delay in mind when ditch companies are required to
comply with the letters sent by their office requiring the repairs to be made in a timely manner.

President Yanchunas asked Vice President Patterson about his information and data to be shared
with the Board of Directors regarding the snowpack in Colorado. Mr. Patterson shared that as part
of his research at CSU,he has compiled information of the date of the first measurable snowpack for
each year beginning with 1981 through December 8,2012, the first measurable snowpack for this
year. Mr. Patterson looked at the records for the Copeland Lake SNOTELinformation and found
that this year's beginning of the snowpack was 11 days later than ever seen before. Mr. Patterson
passed the information around for the Board of Directors to review. President Yanchunas thanked
Mr. Patterson for sharing his research.
V. ACTIONITEMS
A. Financial Report - Assistant Treasurer Amy Williams
President Yanchunas then asked Ms. Williams to present the financial report for the month of
November 2012. Ms. Williams reviewed with the Board with financial reports providing the
financial status of the District.
General Fund
Revenue: $2,540.67
Expense: $20,103.89
Enterprise Fund
Revenue: $3,263.08
Expense: $3,4 71.58
An additional memo supplied in the packet detailed some of the more significant revenue and
expenses for the month of November. A motion was made to approve the financial report for
November 2012 by Treasurer Rademacher and seconded by Director Lyle. The motion passed
unanimously.
B. 2013 Engineering Services Agreement - Sean Cronin
President Yanchunas asked Mr. Cronin to present the 2013 Engineering Services agreement. Mr.
Cronin directed the Board to the memo in their packets detailing the proposed agreement by Deere
and Ault as well as the inclusion in the packet of the agreement for engineering services. After a
brief discussion, a motion to approve the agreement was made by Vice President Patterson and
seconded by Treasurer Rademacher. The motion passed unanimously.
C. 2013 Budget Proposal Presentation - Sean Cronin
President Yanchunas asked Mr. Cronin to make the final presentation of the 2013 proposed budget
for the Board of Directors. Mr. Cronin directed the Board of Directors to the memo provided in the
packet, as well as the proposed budget enclosure in the packet. Mr. Cronin reviewed the highlights
of the proposed budget for the Board of Directors. There was no action needed so President
Yanchunas thanked Mr. Cronin for his presentation and moved to the next agenda item.
D. Public Hearing for 2013 Budget - President Yanchunas
President Yanchunas opened the floor for the public hearing for the 2013 Budget of the St. Vrain
and Left Hand Water Conservancy District. As there were no comments from any present, the
public hearing was then closed.
E. Resolution to Adopt 2013 Budget - President Yanchunas

A motion to approve the Resolution to adopt the 2013 budget was made by Treasurer
and seconded by Director Haselbush. The motion passed unanimously.
Rademacher,
F. Resolution to Appropriate Funds - President Yanchunas
A motion was made to approve the resolution to appropriate funds was made by Treasurer
Rademacher and seconded by Director Nelson. The motion passed unanimously.
G. Resolution to Set Mill Levy - President Yanchunas
A motion was made to approve the resolution to set the mill levy by Director Haselbush and
seconded by Treasurer Rademacher. The motion passed unanimously.
H. Resolution Granting ED Voting Rights - President Yanchunas
A resolution was presented enabling the Executive Director the voting rights at the annual ditch
company meetings in which the District has a voting interest. A motion was made to approve the
resolution granting the Executive Director voting rights at the annual ditch meetings by Treasurer
Rademacher. This motion was seconded by Vice President Patterson and passed unanimously.
I. Renewal of Agreement with National Park Service - Sean Cronin
Mr. Cronin referred the Board of Directors to the draft renewal agreement with the National Park
Service. Mr. Cronin noted that since the acquisition of the reservoir the management of the
facilities at Copeland has been a challenge for the District. In 2003 the District signed an agreement
with the NPS for the management of the facilities at the reservoir, with this agreement expiring in
2008. The NPS has provided a draft renewal agreement for the Districts signature. A discussion
ensued and a question was raised regarding the District's liability at these facilities. Mr. Cronin was
asked to research whether the General Liability insurance coverage currently carried by the District
would cover any injuries or damage at the facilities if necessary. After a discussion it was decided
to postpone renewal of the Agreement until the Executive Director had the opportunity to discuss
this issue with the Districts insurance representative. The Executive Director will report back to
the Board at the January 2013 meeting.
VI.
REPORTS
A. Executive Directors Report - Sean Cronin
President Yanchunas asked Mr. Cronin to review his Executive Directors report
Directors
for the Board of
1. Board/Committee Report -Mr. Cronin provided a summary update of the different
committees he is participating in his report in the packet, noting that he would be
happy to answer any questions the Board may have.
President Yanchunas thanked the Executive Director for his report.

B. Director Term History - Amy Williams
Ms. Williams shared that she has compiled a history of all Directors back to the beginning of the
District in 1971. Ms. Williams researched the District's minutes, and has compiled this list,
enclosing copies of this list in each Directors notebook.
C. Items from the Board President or public - President Yanchunas
Treasurer Rademacher noted that per a discussion at the Finance Committee meeting he felt a
future presentation of how TABORhas historically affected the District would be beneficial in 2013.
Director Lyle mentioned that the District may want to explore purchasing additional water rights in
2013. A discussion ensued regarding the District position on purchasing water rights, and how it
can be used.
As there were no more comments, President Yanchunas moved on to the next agenda item.
VII.
EXECUTIVESESSION
A motion was made to go in to Executive Session by Treasurer Rademacher and seconded by
Director Lyle. The motion passed unanimously.
A. "The Executive Session is being held under citation 24-6-402 (4) (b) c.R.S. so that
the Board may receive specific legal advice relating to the status of settlement negations in
Case No. 08CW275 (Application of Diamond GGravel, et a1.),Water Division No.1
A motion was then made to adjourn from Executive Session by general consensus.
VIII.
ADJOURNMENT
With no further business to come before the St. Vrain and Left Hand Water Conservancy District
Board of Directors, a motion to adjourn the meeting was made by consensus. The meeting was
adjourned at 3:05 p.m.
Respectfully Submitted,
~'IJMh~
Amy Willi ms, ASSIstant Secretary
Additional Attendees:
Shera Sumerford-Water Commissioner; CODWR
Jill Baty-Highland Ditch Company