MINUTES OF THE WELL AUGMENTATION SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT
August 15, 2023

The regular monthly meeting of the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District was held on Tuesday, August 15, 2023, at the office of the Central Colorado Water Conservancy District located at 3209 W. 28th St. Greeley, Colorado. The meeting was called to order at 10:00 A.M. by Chairman Ralph Anders and the following Directors were present: Ralph Anders, President; Chad Schafer, Vice President; David Bernhardt; Steve Bruntz; Doug Dill; Frank Eckhardt; Gary Herman; Dan Kammerzell; Vern Kammerzell; Everett Kissler; Randy Knutson and Alan Mazzotti. Alan Axton attended by video conference. Directors absent were Bret Schmidt and Don Rosenbrock.

Others present were Randy Ray, Executive Director; William Mihelich, District Engineer; Evan McCurnin, Water Resources Analyst and Lynn Kramer, Contracts Manager. Special guests were Brad Grasmick of Lawrence Custer Grasmick Jones & Donovan and Ed Armbruster of White Sands Water Engineers attended by video conference.

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, FINANCIALS, AND MINUTES OF JULY 2023 AS PRESENTED.
MOTION: CHAD SCHAFER
SECOND: FRANK ECKHARDT
MOTION CARRIED

Public Discussion

CLOSE THE PUBLIC MEETING AND ADJOURN INTO AN INCLUSION HEARING FOR LITTLE PLATTE FARM LLC TO INCLUDE LOT C OF LOT LINE ADJUSTMENT #LLA-22-0043 INTO THE WAS BOUNDARIES.
MOTION: EVERETT KISSLER
SECOND: CHAD SCHAFER
MOTION CARRIED AT 10:04 A.M.

Action Items

Lynn Kramer presented a Petition for Water Allotment Contract needing board approval.

MOVE TO APPROVE THE TRANSFER FROM WAS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT #11 OLIN C. MILLER TRUST TO WAS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT #1335 MAGNESS LAND HOLDINGS LLC.
MOTION: GARY HERMAN
SECOND: DAVE BERNHARDT
MOTION CARRIED

Legal Action Items

Brad Grasmick discussed the agreement with the Town of Wiggins regarding the use of the wells at the Walker Project.

MOVE TO PROCEED TO STIPULATE WITH TOWN WITH PROTECTIONS FOR CENTRAL’S WALKER DECREE AND FOR DECREE TO NOT MODIFY AGREEMENTS WITH CENTRAL AND TO WORK TO FINALIZE AMENDMENT TO IGA WITH WIGGINS TO REIMBURSE DISTRICT FOR COST OF FUNDS USED TO BUILD CAPACITY IN PIPELINE, REQUIREMENT TO ENTER OPERATIONS AGREEMENT PRIOR TO USE OF FACILITIES AND CHANGES AS OTHERWISE RECOMMENDED BY STAFF.
MOTION: EVERETT KISSLER
SECOND: CHAD SCHAFER
MOTION CARRIED

Legal Reports

Brad Grasmick reviewed the June and July resumes.

MOVE TO FILE A STATEMENT OF OPPOSITION IN CASE NO. 23CW3068.
MOTION: DOUG DILL
SECOND: DAVE BERNHARDT
MOTION CARRIED

MOVE TO FILE A STATEMENT OF OPPOSITION IN CASE NO. 23CW3089.
MOTION: DAVE BERNHARDT
SECOND: DOUG DILL
MOTION CARRIED

MOVE TO FILE A STATEMENT OF OPPOSITION IN CASE NO. 23CW3084.
MOTION: EVERETT KISSLER
SECOND: FRANK ECKHARDT
MOTION CARRIED

Brad gave a water court update including the settlement with Castle Rock, the Rangeview application, the City of Parker case, the BENNT case and the ACWWA & ECCV SWSP application.

Subdistrict Action

Lynn presented a request from Little Platte Farm to add 10 irrigated acres to their current Class D Contract.

MOVE TO APPROVE THE ADDITION OF TEN IRRIGATED ACRES TO IRRIGATION WATER ALLOTMENT CONTRACT #1309 LITTLE PLATTE FARM LLC.
MOTION: GARY HERMAN
SECOND: VERN KAMMERZELL
MOTION CARRIED

Randy discussed the contracts to purchase land and wells from Western Equipment & Truck, reviewed his 6/2/2023 memo regarding the Schafers Corner Storage Project and cost estimate for the pipeline. Discussion followed. The consensus of the board was to move forward with the project.

MOVE TO HAVE STAFF BRING A CONTRACT TO THE BOARD FOR THE PURCHASE OF LAND AND WELLS ON THE SCHAFERS CORNER PROJECT.
MOTION: EVERETT KISSLER
SECOND: VERN KAMMERZELL
MOTION CARRIED WITH ALAN AXTON VOTING NAY

Randy next reviewed the Meining farm pipeline and two parcels owned by Western Truck & Equipment.

MOVE TO HAVE STAFF PURSUE THE PURCHASE OF THE NELSON FARM PARCEL 1 ALONG WITH THE WELLS AND A PORTION OF THE ACRE FEET OF CONSUMPTIVE USE ASSOCIATED WITH THE WELLS.
MOTION: GARY HERMAN
SECOND: FRANK ECKHARDT
MOTION CARRIED

President Anders formed an Acquisitions Committee regarding the Western Equipment & Truck land purchases. Directors appointed to the committee are Gary Herman, Randy Knutson and Chad Schafer.

Staff Action

There was none.

Presidents Report

There was none.

Subdistrict Report

Randy reviewed the tour of the Platte River Biogas facility. The board expressed interest in utilizing the treated water produced by the facility.

Billy Mihelich provided the operational reports and reviewed the snowpack and precipitation outlooks.

Secretaries Report

Tammy Rusch presented sponsorship requests.

MOVE TO SPONSOR $500 TO THE GREELEY AREA CHAMBER OF COMMERCE AG TOUR.
MOTION: CHAD SCHAFER
SECOND: DOUG DILL
MOTION CARRIED

MOVE TO SPONSOR $500 TO THE WOMEN IN AG CONFERENCE.
MOTION: RANDY RAY
SECOND: FRANK ECKHARDT
MOTION CARRIED

MOVE TO SPONSOR $500 TO THE COLORADO WATERWISE ANNUAL 2023 SYMPOSIUM.
MOTION: DAVE BERNHARDT
SECOND: FRANK ECKHARDT
MOTION CARRIED

Tammy reviewed the CCWCD calendar.

New Business

Director Schafer inquired about an invoice from Lyons Gaddis for the Farmers Independent Ditch Company Catlin review of the change of use of Central’s FIDCO shares.

Director Vern Kammerzell asked if there was an update from the June 2023 meeting with Platte River Big Thompson regarding the Excess Capacity Agreement for Bernhardt Reservoir. There was a recommendation for the CCWCD Executive Committee to meet with the ditch company.

Director Bernhardt asked if staff had information regarding FEMA requirements imposed by the Town of Milliken for flood plain permitting.

Director Knutson asked for clarification on the September board meeting date. The CCWCD Calendar will be amended to reflect the correct date.

MOVE TO ADJOURN.
MOTION: CHAD SCHAFER
SECOND: DOUG DILL
MOTION CARRIED

The regular meeting was adjourned at 1:52 P.M.