MINUTES OF THE
GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE
CENTRAL COLORADO WATER CONSERVANCY DISTRICT
August 17, 2021
The regular monthly meeting of the Groundwater Management Subdistrict Board of the Central Colorado Water Conservancy District was held on Tuesday, August 17, 2021, 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 10:03 AM, and the following Directors were present: Ralph Anders, President; Chad Schafer, Vice President; Bret Schmidt, Treasurer; Frank Eckhardt, At Large; Everett Kissler; Randy Knutson; Steve Bruntz; Don Rosenbrock; Vern Kammerzell; Doug Dill; Gary Herman; and Alan Axton. Directors attending via Zoom conference were: Dave Bernhardt. Board members absent were Jim Reasoner and Tom Brown.
Others present were Randy Ray, Executive Director; William Mihelich, District Engineer; Lynn Kramer, Contracts Manager; Ruthanne Schaffer, Senior Water Accountant. Staff attending via zoom conference were: Special guests were Brad Grasmick of Lawrence Custer Grasmick Jones & Donovan; and Ed Armbruster of White Sands Water Engineers.
ACCEPT INTO THE RECORD THE CONSENT CALENDAR, FINANCIALS, AND MINUTES OF JULY AND AUGUST 2021 AS PRESENTED.
Motion: Chad Schafer
Second: Bret Schmidt
MOTION CARRIED
PUBLIC DISCUSSION
CLOSE THE PUBLIC MEETING AND ADJOURN INTO AN INCLUSIN HEARING FOR GLEN D. & LINDA ERICKSON TO INCLUDE LANDS INTO GMS.
Motion: Randy Knutson
Second: Bret Schmidt
MOTION CARRIED AT 10:05A.M.
MOVE TO ADJOURN THE INCLUSION HEARING AND RETURN TO THE OPEN MEETING.
Motion: Randy Knutson
Second: Steve Bruntz
MOTION CARRIED AT 10:09 AM
MOVE TO APPROVE THE NEW GMS CLASS D CONTRACT #1287 GLEN D. & LINDA ERICKSON.
Motion: Chad Schafer
Second: Bret Schmidt
MOTION CARRIED
Action Items
MOVE TO DELETE GMS CLASS D IRRIGATION CONTRACT #1225, OUR TOWN LLC AND REMOVE WELL FROM THE GMS PLAN.
Motion: Vern Kammerzell
Second: Bret Schmidt
MOTION CARRIED
Legal Action
UNDER 24-6-402(4)(B)—CONFERENCE WITH THE DISTRICT’S ATTORNEY FOR THE PURPOSE OF ACQUISITION OF REAL PROPERTY.
MOVE TO ADJOURN THE OPEN MEETING AND GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION THE PENDING LITIGATION.
Motion: Gary Herman
Second: Bret Schmidt
MOTION CARRIED AT 10:12A.M. WITH FRANK ECKHARDT EXCUSING HIMSELF FROM THE MEETING.
MOVE TO ADJOUR THE EXECUTIVE SESSION AND RETURN TO THE OPEN MEETING.
Motion: Steve Bruntz
Second: Bret Schmidt
MOTION CARRIED AT 11:07A.M.
MOVE TO INTERVENE INTO THE LITIGATION BETWEEN ACWWA/ECCV AND FIDCO.
Motion: Chad Schafer
Second: Doug Dill
MOTION CARRIED WITH FRANK ECKHARDT ABSTAINING AND ALAN AXTON VOTING NAY.
MOVE TO APPROPRIATE WATER RIGHTS FROM THE “EWING WELL” FOR COMMERCIAL AND INDUSTRIAL PURPOSES, WITH A MAXIMUM OF 100 ACRE FEET PER YEAR.
Motion: Gary Herman
Second: Bret Schmidt
MOTION CARRIED
Brad Grasmick spoke to the Board regarding a letter Deere & Ault received regarding porosity underground storage & Prairie Water patent infringement.
Legal Reports
Brad reviewed the Resume, no objections were recommended.
Discussion was held on the Town of Nederland Resolution 2021-11.
Brad reviewed a fee agreement with the Board between GMS and the Western Mutual Ditch Company for the Catlin application.
MOVE TO APPROVE THE FEE AGREEMENT BETWEEN GMS AND THE WESTERN MUTUAL DITCH COMPANY.
Motion: Bret Schmidt
Second: Everett Kissler
MOTION CARRIED WITH FRANK ECKHARDT AND RANDY KNUTSON ABSTAINING
Subdistrict Action:
MOVE TO APPROVE THE REVISED BLAKE BOCK EASEMENT NEAR RINN VALLEY RESERVOIR.
Motion: Gary Herman
Second: Chad Schafer
MOTION CARRIED
MOVE TO APPROVE THE FIRST AMENDMENT TO THE IGA WITH TOWN OF WIGGINS AS PRESENTED AND DISCUSSED AND AUTHORIZE PRESIDENT TO SIGN IF NO SUBSTANTIVE CHANGES.
Motion: Steve Bruntz
Second: Randy Knutson
MOTION CARRIED
ADJOURN FOR LUNCH AND RECONVENE.
MOVE TO APPROVE THE BERNHARDT RESERVOIR EASEMENT.
Motion: Gary Herman
Second: Frank Eckhardt
MOTION CARRIED WITH DAVE BERNHARDT ABSTAINING
MOVE TO APPROVE THE W.W. BACKHOE & DOZER SERVICES BID FOR THE MILLER RECHARGE POND REPAIR.
Motion: Gary Herman
Second: Don Rosenbrock
MOTION CARRIED
MOVE TO APPROVE THE BURNCO MINING AGREEMENT AT SHORES A AND NISSEN LAND ACQUISITION.
Motion: Everett Kissler
Second: Frank Eckhardt
MOTION CARRIED
MOVE TO APPROVE THE AMENDMENT AND CORRECTION OF EASEMENT AND RIGHT-OF-WAY AGREEMENT WITH DONN L. FOSTER AND MARY FOSTER.
Motion: Chad Schafer
Second: Gary Herman
MOTION CARRIED
The Board reviewed a draft letter regarding interest in Barefoot, LLC’s Water Rights that are for sale.
MOVE TO APPROVE THE TERM LETTER TO BAREFOOT, LLC AS DISCUSSED.
Motion: Alan Axton
Second: Randy Knutson
MOTION CARRIED WITH GARY HERMAN, DON ROSENBROCK, STEVE BRUNTZ, AND EVERETT KISSLER VOTING NAY
Staff Action:
There was none.
Presidents Report
There was none.
Subdistrict Report:
Brad reviewed the Town of Castle Rock’s trail date for the Box Elder Creek. Counsel and staff are interested in holding a member meeting in the Box Elder Creek area to discuss Central’s position and give additional information to Central’s members.
Randy gave an update on the Walker Recharge Project.
MOVE TO APPROVE THE POPE EASEMENT AGREEMENT AS DISCUSSED.
Motion: Everett Kissler
Second: Doug Dill
MOTION CARRIED
Billy Mihelich reviewed the 2021 pumping summary for both GMS and WAS. He provided the operational, snowpack and precipitation outlooks.
Secretaries Report:
The Colorado Water Congress summer conference is August 24th – August 26th in Steamboat Springs.
The Reception on the River is scheduled for September 29, 2021.
Colorado Ag Water Summit is December 9th in Winter Park, virtual pre-conference session is Thursday, August 19th, and in-person conference Tuesday conference August 24th – August 26th.
Colorado Ag Water Summit – sponsorship
MOVE TO SPONSOR THE COLORADO AG WATER SUMMIT AT THE BRONZE SPONSOR LEVEL.
Motion: Steve Bruntz
Second: Everett Kissler
MOTION CARRIED WITH ALAN VOTING NAY
The GMDA Winter Conference will be held January 18th – 20th, 2022 in San Antonio, Texas.
The South Platte Forum is December 9, 2021 at the Westin Hotel.
Unscheduled Business
There was none.
New Business
MOVE TO ADJOURN THE MEETING.
Motion: Everett Kissler
Second: Alan Axton
MOTION CARRIED
The regular meeting was adjourned at 1:49 PM.
Respectfully Submitted,
Ruthanne Schaffer,
Sr Water Accountant