St.Vrain and Left Hand Water Conservancy District ... - Svlhwcd.org
St.Vrain and Left Hand Water Conservancy District ... - Svlhwcd.org
St.Vrain and Left Hand Water Conservancy District ... - Svlhwcd.org
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<strong>St</strong>. <strong>Vrain</strong> <strong>and</strong> <strong>Left</strong> H<strong>and</strong> <strong>Water</strong> <strong>Conservancy</strong> <strong>District</strong><br />
Minutes of the Board Meeting Held at<br />
<strong>District</strong> Headquarters, Natural Resources Building<br />
9595 Nelson Road; 1st Floor; Longmont, CO 80501<br />
December 10, 2012<br />
I. INFORMALMEETING<br />
At 12:15 p.m. the Directors had an informal discussion.<br />
Nothing of significance was decided.<br />
II.<br />
ROUTINEITEMS<br />
A. Roll Call - Amy Williams<br />
Board members attending the meeting were President Dennis Yanchunas, Vice President Glenn<br />
Patterson, Treasurer Michael Rademacher, Directors Harold Nelson Bill Haselbush, Doug Lyle, <strong>and</strong><br />
Ron Sutherl<strong>and</strong>. Director Bob Br<strong>and</strong> was unable to attend. At this time there is no Director for<br />
<strong>District</strong> 3.<br />
The following staff members were present: Executive Director Sean Cronin <strong>and</strong> Administrative<br />
Assistant Amy Williams. Also present was <strong>District</strong> Legal Counsel Scott Holwick <strong>and</strong> <strong>District</strong><br />
Engineer Mark McLean. Please see the end for additional guests in attendance.<br />
B. Callto Order - President Yanchunas<br />
President Yanchunas called the meeting to order at 1:00 pm.<br />
C. Amendments or Additions to the Agenda - President Yanchunas<br />
President Yanchunas asked for any amendments<br />
were none.<br />
or additions to the agenda. Mr. Cronin noted there<br />
III.<br />
CONSENTAGENDA<br />
A. Motion: Approval of November 10 th Minutes<br />
President Yanchunas requested any corrections or additions to the November 10 th minutes. There<br />
were none <strong>and</strong> a motion to approve the November minutes was made by Treasurer Rademacher<br />
<strong>and</strong> seconded by Director Haselbush. The motion was passed unanimously.<br />
IV.<br />
DISCUSSIONITEMS<br />
A. Legal Report - Mr. Scott Holwick<br />
President Yanchunas asked Mr. Holwick to present his report at this time.
1. Resume Review - Mr. Holwick noted that aside from Longmont's application<br />
reviewed below, there were no other applications published in the October resume<br />
that involved water rights in the <strong>St</strong>. <strong>Vrain</strong> basin.<br />
2. Application of Longmont - Oligarchy APODS - Mr. Holwick reminded the Board<br />
that at the November meeting it was agreed that a statement of opposition in Case<br />
No. 12CW231 would be filed. The <strong>District</strong> has already received a draft proposed<br />
ruling from Longmont but is waiting before the statement of opposition period ends<br />
before reviewing it.<br />
3. Application of Golden G Gravel, et al., Case No. 08CW275 - Mr. Holwick noted<br />
that the <strong>District</strong> is being asked to provide final comments on the proposed decree by<br />
December 11th. A status call with the referee is to be held on December 12th. The<br />
Board will go into executive session during the December Board meeting to discuss<br />
the possibility of settlement regarding the inclusion of the wetl<strong>and</strong>s in the property<br />
subject to the existing augmentation agreement.<br />
4. Proposed Firestone Urban Renewal Authority Cooperation Agreement - Mr.<br />
Holwick shared that in late October, the Firestone Urban Renewal Authority<br />
("FURA") sent the <strong>District</strong> a draft Cooperation Agreement ((lIGA"). The Town of<br />
Firestone established FURAto mitigate blight in the Southern Firestone plan area<br />
(roughly the western side of the intersection of 1-25 <strong>and</strong> Hwy. 119). FURAproposes<br />
to capture tax revenues from all governmental taxing entities (i.e., <strong>St</strong>. <strong>Vrain</strong> Valley<br />
School <strong>District</strong>, <strong>St</strong>. <strong>Vrain</strong> Sanitation <strong>District</strong>, Northern Colorado <strong>Water</strong> <strong>Conservancy</strong><br />
<strong>District</strong>, etc.) <strong>and</strong> distribute such tax revenues to the various entities pursuant to<br />
IGAs. Counsel <strong>and</strong> Sean Cronin have talked with Northern about the possibility of<br />
cooperating to negotiate the two <strong>District</strong>'s separate IGAs. Mr. Holwick stated that<br />
Northern should have met with Firestone prior to the Board's December meeting<br />
<strong>and</strong> he feels any agreements reached between the Urban Renewal Authority <strong>and</strong><br />
Northern could serve as a guideline for an agreement with the <strong>District</strong>.<br />
5. Ditch Burning Practice - Mr. Holwick stated that a committee met in October to<br />
brainstorm about how best to insure that agricultural ditch burning may continue<br />
without being overly restricted while making sure best practices are used when<br />
burning. Whitey O'Malley of the New Coal Ridge Ditch company compiled a first<br />
version of a Best Practices document which the <strong>Water</strong> Users Association will<br />
consider at its February 4th Annual meeting. If any Directors are interested in<br />
joining this committee <strong>and</strong>/or attending the February 4th meeting they should let<br />
Mr. Holwick know <strong>and</strong> he will provide them with meeting information.<br />
6. Proposed Legacy Ditch Legislation - Mr. Holwick shared the status of this<br />
legislation noting that it has found sponsors <strong>and</strong> will be brought to legislation in<br />
2013.<br />
Mr. Holwick also noted there was another issue he has been watching, that of the<br />
water community <strong>and</strong> its dissatisfaction with having to go to water court <strong>and</strong><br />
grapple with the ghosts of decisions made in 1870. A proposal has been made that<br />
anything that happened between 1882 <strong>and</strong> date certain, which has now been
determined as 1943, should not be scrutinized. This year was chosen by the author<br />
of the legislation as a seminal water year with much being enacted.<br />
Mr. Holwick also mentioned another previously discussed legislative issue that will<br />
most likely be introduced again in 2013. With the knowledge that so many ditches<br />
are diverting at different locations that what they may have originally been decreed,<br />
this legislation has been suggested that if a ditch is diverting very close to where it<br />
historically should be, <strong>and</strong> there are no other water rights injuries, this could be<br />
simply an administrative change, <strong>and</strong> would not require going to court for a change<br />
of point of location.<br />
With no further information to provide to the Board of Directors at this time, President Yanchunas<br />
thanked Mr. Holwick for his report.<br />
B. Engineering Report - Mr. Mark McLean<br />
Mr. McLean discussed the snowpack report at the end of November which showed the snowpack at<br />
a record low. He shared he has been working with the staff <strong>and</strong> the <strong>St</strong>ate, evaluating the needs for<br />
facilities necessary for the augmentation plan. Mr. McLean has also been working on behalf of both<br />
the <strong>District</strong> <strong>and</strong> the City of Longmont regarding the Golden Augmentation plan, noting that there<br />
are a couple of things identified in the plan that are not quite sufficient. President Yanchunas<br />
thanked Mr. McLean for his report.<br />
C. <strong>Water</strong> Commissioners Report - Ms. Shera Sumerford<br />
President Yanchunas asked the <strong>Water</strong> Commissioner to share her report with the Board. Ms.<br />
Sumerford stated that the call on the Main <strong>St</strong>em was Empire Reservoir bypass to Jackson Lake,<br />
dated 5/18/1905, administrative number 2226. The call on the <strong>St</strong>. <strong>Vrain</strong> was Highl<strong>and</strong> Lake, dated<br />
5/31/1874, administrative number 8917. The Lyons gauge that morning read 11.9 cfs <strong>and</strong> the<br />
reservoirs were 59.9% full at the end of November. According to the <strong>Water</strong> Commissioner Upper<br />
Colorado now has a snowpack level of 48%, the S. Platte has a level of 56%, <strong>and</strong> the <strong>St</strong>. <strong>Vrain</strong> basin<br />
is at 39.5%.<br />
Ms. Sumerford shared that there is again a beaver dam obstruction in the river, in the same general<br />
area as earlier in the year. The best way to remove the obstruction was discussed with the <strong>Water</strong><br />
Commissioner. The possibility of hiring a trapper for a beaver relocation was suggested <strong>and</strong> the<br />
Executive Director has been asked to investigate the best way to remove the obstruction. President<br />
Yanchunas thanked Ms. Sumerford for her report to the Board of Directors.<br />
Mr. Holwick reminded the Board that in 2011 an effort was made to name some ditches as historic<br />
by the <strong>St</strong>ate Historic preservation office, however this did not go through. That being said, Mr.<br />
Holwick is aware of at least 4 ditch rehabilitation projects that have been started, <strong>and</strong> have been<br />
held up. In these instances the Corp of Engineers has been notified of the rehabilitation <strong>and</strong> is<br />
automatically sending referral letters for a historical review to its district office in Omaha. In<br />
addition the <strong>St</strong>ate of Colorado Historic Preservation office is receiving notice. This is apparently<br />
keeping some projects from completion. Mr. Holwick has mentioned this to both Ms. Sumerford<br />
<strong>and</strong> Dave Nettles, asking them to keep this delay in mind when ditch companies are required to<br />
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 <strong>and</strong> data to be shared<br />
with the Board of Directors regarding the snowpack in Colorado. Mr. Patterson shared that as part<br />
of his research at CSU,he has compiled information of the date of the first measurable snowpack for<br />
each year beginning with 1981 through December 8,2012, the first measurable snowpack for this<br />
year. Mr. Patterson looked at the records for the Copel<strong>and</strong> Lake SNOTELinformation <strong>and</strong> found<br />
that this year's beginning of the snowpack was 11 days later than ever seen before. Mr. Patterson<br />
passed the information around for the Board of Directors to review. President Yanchunas thanked<br />
Mr. Patterson for sharing his research.<br />
V. ACTIONITEMS<br />
A. Financial Report - Assistant Treasurer Amy Williams<br />
President Yanchunas then asked Ms. Williams to present the financial report for the month of<br />
November 2012. Ms. Williams reviewed with the Board with financial reports providing the<br />
financial status of the <strong>District</strong>.<br />
General Fund<br />
Revenue: $2,540.67<br />
Expense: $20,103.89<br />
Enterprise Fund<br />
Revenue: $3,263.08<br />
Expense: $3,4 71.58<br />
An additional memo supplied in the packet detailed some of the more significant revenue <strong>and</strong><br />
expenses for the month of November. A motion was made to approve the financial report for<br />
November 2012 by Treasurer Rademacher <strong>and</strong> seconded by Director Lyle. The motion passed<br />
unanimously.<br />
B. 2013 Engineering Services Agreement - Sean Cronin<br />
President Yanchunas asked Mr. Cronin to present the 2013 Engineering Services agreement. Mr.<br />
Cronin directed the Board to the memo in their packets detailing the proposed agreement by Deere<br />
<strong>and</strong> Ault as well as the inclusion in the packet of the agreement for engineering services. After a<br />
brief discussion, a motion to approve the agreement was made by Vice President Patterson <strong>and</strong><br />
seconded by Treasurer Rademacher. The motion passed unanimously.<br />
C. 2013 Budget Proposal Presentation - Sean Cronin<br />
President Yanchunas asked Mr. Cronin to make the final presentation of the 2013 proposed budget<br />
for the Board of Directors. Mr. Cronin directed the Board of Directors to the memo provided in the<br />
packet, as well as the proposed budget enclosure in the packet. Mr. Cronin reviewed the highlights<br />
of the proposed budget for the Board of Directors. There was no action needed so President<br />
Yanchunas thanked Mr. Cronin for his presentation <strong>and</strong> moved to the next agenda item.<br />
D. Public Hearing for 2013 Budget - President Yanchunas<br />
President Yanchunas opened the floor for the public hearing for the 2013 Budget of the <strong>St</strong>. <strong>Vrain</strong><br />
<strong>and</strong> <strong>Left</strong> H<strong>and</strong> <strong>Water</strong> <strong>Conservancy</strong> <strong>District</strong>. As there were no comments from any present, the<br />
public hearing was then closed.<br />
E. Resolution to Adopt 2013 Budget - President Yanchunas
A motion to approve the Resolution to adopt the 2013 budget was made by Treasurer<br />
<strong>and</strong> seconded by Director Haselbush. The motion passed unanimously.<br />
Rademacher,<br />
F. Resolution to Appropriate Funds - President Yanchunas<br />
A motion was made to approve the resolution to appropriate funds was made by Treasurer<br />
Rademacher <strong>and</strong> seconded by Director Nelson. The motion passed unanimously.<br />
G. Resolution to Set Mill Levy - President Yanchunas<br />
A motion was made to approve the resolution to set the mill levy by Director Haselbush <strong>and</strong><br />
seconded by Treasurer Rademacher. The motion passed unanimously.<br />
H. Resolution Granting ED Voting Rights - President Yanchunas<br />
A resolution was presented enabling the Executive Director the voting rights at the annual ditch<br />
company meetings in which the <strong>District</strong> has a voting interest. A motion was made to approve the<br />
resolution granting the Executive Director voting rights at the annual ditch meetings by Treasurer<br />
Rademacher. This motion was seconded by Vice President Patterson <strong>and</strong> passed unanimously.<br />
I. Renewal of Agreement with National Park Service - Sean Cronin<br />
Mr. Cronin referred the Board of Directors to the draft renewal agreement with the National Park<br />
Service. Mr. Cronin noted that since the acquisition of the reservoir the management of the<br />
facilities at Copel<strong>and</strong> has been a challenge for the <strong>District</strong>. In 2003 the <strong>District</strong> signed an agreement<br />
with the NPS for the management of the facilities at the reservoir, with this agreement expiring in<br />
2008. The NPS has provided a draft renewal agreement for the <strong>District</strong>s signature. A discussion<br />
ensued <strong>and</strong> a question was raised regarding the <strong>District</strong>'s liability at these facilities. Mr. Cronin was<br />
asked to research whether the General Liability insurance coverage currently carried by the <strong>District</strong><br />
would cover any injuries or damage at the facilities if necessary. After a discussion it was decided<br />
to postpone renewal of the Agreement until the Executive Director had the opportunity to discuss<br />
this issue with the <strong>District</strong>s insurance representative. The Executive Director will report back to<br />
the Board at the January 2013 meeting.<br />
VI.<br />
REPORTS<br />
A. Executive Directors Report - Sean Cronin<br />
President Yanchunas asked Mr. Cronin to review his Executive Directors report<br />
Directors<br />
for the Board of<br />
1. Board/Committee Report -Mr. Cronin provided a summary update of the different<br />
committees he is participating in his report in the packet, noting that he would be<br />
happy to answer any questions the Board may have.<br />
President Yanchunas thanked the Executive Director for his report.
B. Director Term History - Amy Williams<br />
Ms. Williams shared that she has compiled a history of all Directors back to the beginning of the<br />
<strong>District</strong> in 1971. Ms. Williams researched the <strong>District</strong>'s minutes, <strong>and</strong> has compiled this list,<br />
enclosing copies of this list in each Directors notebook.<br />
C. Items from the Board President or public - President Yanchunas<br />
Treasurer Rademacher noted that per a discussion at the Finance Committee meeting he felt a<br />
future presentation of how TABORhas historically affected the <strong>District</strong> would be beneficial in 2013.<br />
Director Lyle mentioned that the <strong>District</strong> may want to explore purchasing additional water rights in<br />
2013. A discussion ensued regarding the <strong>District</strong> position on purchasing water rights, <strong>and</strong> how it<br />
can be used.<br />
As there were no more comments, President Yanchunas moved on to the next agenda item.<br />
VII.<br />
EXECUTIVESESSION<br />
A motion was made to go in to Executive Session by Treasurer Rademacher <strong>and</strong> seconded by<br />
Director Lyle. The motion passed unanimously.<br />
A. "The Executive Session is being held under citation 24-6-402 (4) (b) c.R.S. so that<br />
the Board may receive specific legal advice relating to the status of settlement negations in<br />
Case No. 08CW275 (Application of Diamond GGravel, et a1.),<strong>Water</strong> Division No.1<br />
A motion was then made to adjourn from Executive Session by general consensus.<br />
VIII.<br />
ADJOURNMENT<br />
With no further business to come before the <strong>St</strong>. <strong>Vrain</strong> <strong>and</strong> <strong>Left</strong> H<strong>and</strong> <strong>Water</strong> <strong>Conservancy</strong> <strong>District</strong><br />
Board of Directors, a motion to adjourn the meeting was made by consensus. The meeting was<br />
adjourned at 3:05 p.m.<br />
Respectfully Submitted,<br />
~'IJMh~<br />
Amy Willi ms, ASSIstant Secretary<br />
Additional Attendees:<br />
Shera Sumerford-<strong>Water</strong> Commissioner; CODWR<br />
Jill Baty-Highl<strong>and</strong> Ditch Company