MINUTES OF THE

CENTRAL COLORADO WATER CONSERVANCY DISTRICT

February 19, 2019

The regular meeting of the Board of the Central Colorado Water Conservancy District was held on Tuesday February 19, 2019, 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 The meeting was called to order at 10:00 AM, and the following Directors were present: Randy Knutson, President; Chad Schafer, Vice President; Bret Schmidt; Treasurer; Frank Eckhardt, At Large; Vern Kammerzell; Everett Kissler; Ralph Anders; Jim Reasoner; Steve Bruntz; Don Rosenbrock; Tom Brown; Dave Bernhardt; Alan Axton; Doug Dill; and Gary Herman.

Others present were: Randy Ray, Executive Director; William Mihelich, District Engineer; Danyelle McCannon, Financial Analyst; Lynn Kramer, Contracts Manager; Ruthanne Schaffer, Senior Water Accountant; Ed Armbruster of White Sands Water Engineers; and Brad Grasmick of Lawrence, Jones, Custer and Grasmick. Special guests were: Wayne Eckas, Eric Garner of JUB Engineers, Don Diones from George K Baum, Steve Smith from the Applegate Group, Joe O’Dea from CEI Constructors, Inc., Bill Williams from Garney Construction, Dave Dechant, and Steve Johnson.

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, FINANCIALS, AND MINUTES OF JANUARY AND FEBRUARY AS PRESENTED.
Motion: Dave Bernhardt
Second: Frank Eckhardt
MOTION CARRIED

PUBLIC DISCUSSION

Steve Smith from the Applegate group addressed the Board on behalf of Colorado Energy Resources regarding the use of augmentation stations in 2019. These pending bypass agreements will be discussed in more detail later on in the meeting agenda.

Dave Dechant spoke to the Board about concerns of a new proposed wellfield that would create some groundwater level issues in the vicinity of his farm. Brad Grasmick informed Dave that this will be addressed when the Board reviews legal cases.

Wayne Eckas and Eric Garner of JUB Engineering provided an update to the Board on the Walker Recharge Pipeline project and the bids that were received by the District.

Joe O’Dea from CEI Constructors, Inc gave a presentation to the Board about their proposed work on the Walker Pipeline. Bill Williams from Garney Construction also provided the Board with information about how they would go about the Walker Pipeline project.

MOVE TO CLOSE THE PUBLIC MEETING AND ADJOURN INTO AN INCLUSION HEARING FOR THE WELD COUNTY SOUTHWEST SERVICE CENTER INTO CCWCD AND GMS, AND FOR BLAS CHAVEZ INTO WAS.
Motion: Everett Kissler
Second: Dave Bernhardt
MOTION CARRIED AT 10:46 AM

MOVE TO ADJOURN THE INCLUSION HEARING AND RETURN TO THE OPEN MEETING.
Motion: Dave Bernhardt
Second: Steve Bruntz
MOTION CARRIED AT 11:00 AM

Legal Reports

Brad Grasmick reviewed the resume.

MOVE TO INSTRUCT COUNSEL TO FILE AN OPPOSITION TO CASE #18CW3221, Bijou and ducks unlimited.
Motion: Alan Axton
Second: Ralph Anders
Motion carried with doug dill abstaining

MOVE TO INSTRUCT COUNSEL TO FILE AN OPPOSITION TO CASE #18CW3222, centennial water & sanitation.
Motion: Alan Axton
Second: Frank Eckhardt
Motion carried

 

MOVE TO INSTRUCT COUNSEL TO FILE AN OPPOSITION TO CASE #18CW3228, front range oil and gas.
Motion: Alan Axton
Second: Don Rosenbrock
Motion carried

MOVE TO FILE AN OPPOSITION TO CASE #18CW3231, cannon lake and cannon water development company.
Motion: Everett Kissler
Second: Vern Kammerzell
Motion carried with alan axton voting nay

MOVE TO INSTRUCT COUNSEL TO FILE AN OPPOSITION TO CASE #18CW3233 and #18CW3234, ECCV, ACWWA and United.
Motion: Alan Axton
Second: Everett Kissler
Motion carried

MOVE TO FILE AN OPPOSITION TO CASE #18CW3237, dixie water.
Motion: Ralph Anders
Second: Bret Schmidt
Motion carried with alan axton voting nay

MOVE TO INSTRUCT COUNSEL TO FILE AN OPPOSITION TO CASE #18CW3240, raindance.
Motion: Alan Axton
Second: Tom Brown
Motion carried

MOVE TO FILE AN OPPOSITION TO CASE #19CW3016, acwwa, eccv and united.
Motion: Everett Kissler
Second: Doug Dill
Motion carried

Adjourn for lunch and reconvene.

Brad gave an update on Denver Water and the 1940s agreement.

District Action:

move to award the CM/GC Walker contract to CEI CONSTRUCTORS, Inc.
Motion: Alan Axton
Second: Everett Kissler
Motion carried

APPROVE THE OGILVY AND BIJOU BYPASS AGREEMENTS WITH C.E.R. FOR $15,000 BUY IN FEE PER STRUCTURE PAID UP FRONT AND $30 PER ACRE FOOT FOR ACTUAL WATER RUN THROUGH THE STRUCTURE AT A RATE NOT GREATER THAN 4 CFS, NON-ASSIGNABLE, billable at the end of each month.
Motion: Gary Herman
Second: Don Rosenbrock
MOTION CARRIED randy knutson abstaining

APPROVE THE FULLMER CONTRACT WITH A ONE TIME CAPITAL ASSESSMENT FEE OF $17,200 PER ACRE FOOT, PAYMENT TO CCWCD MONTHLY FOR A TERM NOT TO EXCEED 12 MONTHS, FOR A MAXIMUM OF 6.5 ACRE FEET AND ANNUAL ASSESSMENT FEE FOR THE FIRST YEAR OF $3,000.
Motion: Ralph Anders
Second: Chad Schafer
Motion carried

Return the augmentation and bypass structure fee table back to staff for further work.

MOVE TO ADJOURN THE OPEN MEETING AND GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE OF REAL, PERSONAL, OR OTHER PROPERTY INTEREST, UNDER SECTION 24-6-402(4)(A)C.R.S.
Motion: Everett Kissler
Second: Bret Schmidt
Motion carried at 2:30 p.m.

ADJOURN THE EXECUTIVE SESSION AND RECONVENE INTO THE PUBLIC MEETING.
Motion: Vern Kammerzell
Second: Dave Bernhardt
Motion carried at 3:10 p.m.

Move forward with negotiation for the purchase of shares from weld county.
Motion: Ralph Anders
Second: Everett Kissler
Motion carried

Approve the empire dairy easement agreement.
Motion: Chad Schafer
Second: Doug Dill
Motion carried with steve bruntz abstaining

Committee Action:

Alan Axton spoke to the Board about the potential to realign the committee structure. This will be discussed further next month.

Staff Action:

approve the bid for the sale of the 2015 FORD explorer.
Motion: Chad Schafer
Second: Bret Schmidt
Motion carried with Dave Bernhardt abstaining

Presidents Report

There was none.

Legislative/Education:

Randy Ray gave an overview of HB-1108, and Brad Grasmick spoke about HB-1082.

Water Quality Report:

There was none.

District Report:

Wildland Hydrology has received all necessary permits at the Siebring riverbank restoration location and boulder have been ordered to begin work.

Secretaries Report:

Randy Ray gave updates on both the Walker Recharge project and the Chatfield Reallocation project.

The upcoming Board Calendar was reviewed.

Unscheduled Business

There was none.

New Business

There was none.

The regular meeting was adjourned at 4:05 PM.

Respectfully submitted,

Danyelle McCannon,
Financial Analyst