MINUTES OF THE
GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE
CENTRAL COLORADO WATER CONSERVANCY DISTRICT
February 16, 2021
The regular monthly meeting of the Groundwater Management Subdistrict Board of the Central Colorado Water Conservancy District was held on Tuesday, February 16, 2021, at the office of the Central Colorado Water Conservancy District located at 3209 W 28 St, Greeley Colorado. The meeting was called to order at 10:01 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; Vern Kammerzell; Doug Dill; and Dave Bernhardt. Directors attending via Zoom conference were: Gary Herman; Alan Axton; Tom Brown; and Jim Reasoner. Board member absent was Don Rosenbrock.
Others present were Randy Ray, Executive Director; William Mihelich, District Engineer; Lynn Kramer, Contracts Manager; Ruthanne Schaffer, Senior Water Accountant. Special guests were Brad Grasmick of Lawrence Custer Grasmick Jones & Donovan; Ed Armbruster of White Sands Water Engineers; Nick Wirsching of Summit Wake Park. Guests attending via zoom conference were: Collin Slutzky from UNC and Todd Snidow of Stifel.
ACCEPT INTO THE RECORD THE CONSENT CALENDAR, FINANCIALS, AND MINUTES OF JANUARY AND FEBRUARY 2021 AS PRESENTED.
Motion: Steve Bruntz
Second: Chad Schafer
MOTION CARRIED
PUBLIC DISCUSSION
Collin Slutzky spoke to the Board regarding a project he is working on at University of Northern Colorado researching the negative effects of the high ground water that farmers have experienced. Staff will contact Collin and work with him.
MOTION TO APPROVE AN AGREEMENT BETWEEN THE DISTRICT AND SUMMIT WAKE PARK FOR A 3 YEAR TERM WITH OPTION TO RENEW FOR ADDITIONAL 3 YEAR EXTENSIONS, ANNUAL PAYMENT OF $80,000 FOR YEARS 1-3 AND 6% OF GROSS REVENUE, SUMMIT WAKE PARK TO OBTAIN A $250,000 BOND SUBJECT TO FINALIZATION OF A WRITTEN LEASE WHICH INCLUDES SATISFACTORY TERMS REGARDING INSURANCE COVERAGE.
Motion: Vern Kammerzell
Second: Frank Eckhardt
MOTION FAILED
MOTION TO APPROVE AN AGREEMENT BETWEEN THE DISTRICT AND SUMMIT WAKE PARK FOR A 5 YEAR TERM WITH OPTION TO RENEW FOR ADDITIONAL 3 YEAR EXTENSIONS, ANNUAL PAYMENT OF $65,000 AND 8% OF GROSS REVENUE THE PERCENTAGE OF GROSS REVENUE TO THE DISTRICT WILL INCREASE BY 0.5% ANNUALLY, SUMMIT WAKE PARK TO OBTAIN A $250,000 BOND SUBJECT TO FINALIZATION OF A WRITTEN LEASE WHICH INCLUDES SATISFACTORY TERMS REGARDING INSURANCE COVERAGE.
Motion: Everett Kissler
Second: Steve Bruntz
MOTION CARRIED
APPROVE CENTRAL BUILDING THE PERIMETER FENCE AT THE RINN VALLEY, SUMMIT WAKE PARK TO INSTALL A FENCE WITHIN THE PROPERTY
Motion: Dave Bernhardt
Second: Frank Eckhardt
MOTION CARRIED
FORM A COMMITTEE TO FINALIZE NEGOTIATIONS OF THE WRITTEN LEASE WITH SUMMIT WAKE PARK TO BE PRESENTED TO THE BOARD IN MARCH 2021.
Motion: Gary Herman
Second: Randy Knutson
MOTION CARRIED
Members of the Rinn Valley Recreation Committee are Gary Herman, Randy Knutson, Dave Bernhardt, Bret Schmidt, Randy Ray, and Brad Grasmick.
Tod Snidow gave an update on Central’s Bond Sale and spoke regarding GMS going back to the bond market.
Action Items
MOVE TO APPROVE GMS CLASS D IRRIGATION WATER ALLOMENT CONTRACT NAME CHANGE CONTRACT #408 FROM WILLIAM W. RAY LIVING TRUST AND PATRICIA A. RAY LIVING TRUST TO PATRICIA A. RAY LIVING TRUST.
Motion: Dave Bernhardt
Second: Bret Schmidt
MOTION CARRIED
MOVE TO APPROVE GMS CLASS D IRRIGATIONW ATER ALLOMENT CONTRACT NAME CHANGE CONTRACT #558 BESSIE B. HOOD TO HOOD FAMILY LIVING TRUST.
Motion: Dave Bernhardt
Second: Chad Schafer
MOTION CARRIED
MOVE TO APPROVE GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT CHANGE FROM GMS #328 AIGAKI FAMILY LLC TO GMS #1268 RITCHEY LAND COMPANY, LLC.
Motion: Everett Kissler
Second: Bret Schmidt
MOTION CARRIED
MOVE TO APPROVE GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT CHANGE FROM GMS #794 ELIZABETH WETHINGTON TO GMS #1259 CITY OF AURORA, CHANGING TO TYPE 11 NON-TAX GOVERNMENT.
Motion: Chad Schafer
Second: Bret Schmidt
MOTION CARRIED
MOVE TO APPROVE GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT CHANGE FROM CONTRACT #646 PAUL JOE OGG TO CONTRACT #1270 W. CURTIS HALE.
Motion: Everett Kissler
Second: Dave Bernhardt
MOTION CARRIED
MOVE TO APPROVE SPLITTING GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT #340 TO GMS CONTRACT #1263 JEFFREY L. BELL.
Motion: Randy Knutson
Second: Frank Eckhardt
MOTION CARRIED
MOVE TO APPROVE THE NEW GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT #1264 FIVE RIVERS CATTLE FEEDING, LLC FROM OLD CONTRACTS #620 AND #621.
Motion: Bret Schmidt
Second: Frank Eckhardt
MOTION CARRIED
MOVE TO APPROVE TRANSFER OF GMS CLASS B IRRIGATION WATER ALLOTMENT CONTRACT FROM #1187 LIND CHRISTINE MOREHEAD AND SUSAN KAY DEINES TO GMS CONTRACT #1267 TOWN OF PLATTEVILLE.
Motion: Dave Bernhardt
Second: Frank Eckhardt
MOTION CARRIED
MOVE TO APPROVE THE TRANSFER FOR GMS CLASS D NON-IRRIGATION WATER ALLOTMEN CONTRACT #990 FROM DALE L. KINSEY & ELIZABETH C. WISNER TO GMS #1266 BEN A. & KATIE J. YOUNG.
Motion: Chad Schafer
Second: Dave Bernhardt
MOTION CARRIED
MOVE TO NOT RENEW GMS CONTRACTS #620 AND #621, FIVE RIVERS RANCH CATTLE FEEDING LLC AND DELETE WELLS FROM THE GMS DECREE.
Motion: Bret Schmidt
Second: Dave Bernhardt
MOTION CARRIED
Legal Action
I MOVE TO ADJOURN THE OPEN MEETING AND GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE TRANSFER OR SALE OF PROPERTY UNDER SECTION 24-6-402(4)(a)C.R.S., DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUGJECT TO NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER SECTION 24-6-402 (4)(E)C.R.S. AND ALSO FOR A CONFERENCE WITH THE ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS UNDER SECTION 24-6-402(4)(B) C.R.S.
Motion: Everett Kissler
Second: Bret Schmidt
MOTION CARRIED AT 11:23A.M.
I MOVE TO CLOSE THE EXECUTIVE SESSION AND RECONVENE THE GENERAL MEETING.
Motion: Steve Bruntz
Second: Doug Dill
MOTION CARRIED AT 12:16P.M.
APPROVE THE POLICY RESOLUTION REGARDING REINSTATEMENT OF TERMINATED CLASS B, C AND D CONTRACTS (POLICY #1).
Motion: Everett Kissler
Second: Steve Bruntz
MOTION CARRIED
ADJOURN AND RECONVENE FOR LUNCH
APPROVE THE AGREEMENT REGARDING TURNBACK TERMS IN PRIOR DECREES IN DIVISION ONE.
Motion: Everett Kissler
Second: Bret Schmidt
MOTION CARRIED
Brad gave an update on the Western change case by United Water.
Legal Reports
Brad Grasmick reviewed the resume and there are no recommendations for statement of opposition.
Subdistrict Action:
PROCEED TO HAVE THE DISTRICT’S 2012 FUNDS PURCHASE THE MEINING PROPERTY WITH GMS ACQUIRING 18 FIDCO SHARES AND WAS ACQUIRING 5 SHARES OF FIDCO AND 1 SHARE OF WESTERN.
Motion: Everett Kissler
Second: Bret Schmidt
MOTION CARRIED
APPROVE MEINING CATTLE COMPANY, LLC LEASE AGREEMENT.
Motion: Steve Bruntz
Second: Chad Schafer
MOTION CARRIED
APPROVE SALE OF 14 SHARES OF FULTON DITCH WATER FROM GMS TO WAS.
Motion: Bret Schmidt
Second: Randy Knutson
MOTION CARRIED
APPROVE EASEMENT AND RIGHT-OF-WAY AGREEMENT WITH DITTMER FARMS, LLC AND BLUE PILL FOR $5,000.
Motion: Frank Eckhardt
Second: Steve Bruntz
MOTION CARRIED
APPROVE EASEMENT AND RIGHT-OF-WAY AGREEMENT WITH CC FARM, LLC AS PRESENTED.
Motion: Chad Schafer
Second: Frank Eckhardt
MOTION CARRIED
APPROVE THE WATER LEASE WITH THE CITY OF THORNTON FOR THEIR WSSC WATER FOR APRIL 1, 2022 TO MARCH 21, 2025.
Motion: Chad Schafer
Second: Vern Kammerzell
MOTION CARRIED
APPROVE THE WATER LEASE WITH THE CITY OF THORNTON.
Motion: Frank Eckhardt
Second: Bret Schmidt
MOTION CARRIED
Staff Action:
APPROVE THE AUGMENTATION WATER LEASE WITH J-2 FOR THE DPG PIT FOR 2021-2022.
Motion: Everett Kissler
Second: Dave Bernhardt
MOTION CARRIED
APPROVE THE SUBLEASE WITH A&W WATER FOR THEIR FULLY CONSUMABLE LONGMONT WATER FOR 2021-2022.
Motion: Chad Schafer
Second: Doug Dill
MOTION CARRIED
Presidents Report
There was none.
Subdistrict Report:
Billy Mihelich reviewed the 2021 pumping summary for both GMS and WAS. He provided the operational reports and reviewed the snowpack and precipitation outlooks.
Secretaries Report:
The Board watched a PowerPoint presentation of all field updates from the last year including Walker Recharge, Shores Pond C pumpstation, Orchard East pond forebay, recharge pond cleaning, and ditch cleaning.
The South Platte Basin has a new representative on the Colorado Water Conservation Board.
Discussion was held regarding a new representative from Central needed for Colorado Water Congress.
Randy gave an update on the Walker Recharge Project.
An update was given on Pioneer Reservoir.
Unscheduled Business
There was none.
New Business
There was none.
MOVE TO ADJOURN THE MEETING.
Motion: Steve Bruntz
Second: Dave Bernhardt
MOTION CARRIED
The regular meeting was adjourned at 4:01 PM.
Respectfully Submitted,
Ruthanne Schaffer,
Sr Water Accountant