MINUTES OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT
February 21, 2023

The regular monthly meeting of the Central Colorado Water Conservancy District was held on Tuesday, February 21, 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; Bret Schmidt, Treasurer; Frank Eckhardt, At Large; David Bernhardt; Steve Bruntz; Dan Kammerzell; Vern Kammerzell; Everett Kissler; Randy Knutson; Alan Mazzotti and Don Rosenbrock. Alan Axton; Doug Dill and Gary Herman attended by video conference.

Others present were Randy Ray, Executive Director; William Mihelich, District Engineer and Lynn Kramer, Contracts Manager. Special guests were Brad Grasmick of Lawrence Custer Grasmick Jones & Donovan, Ed Armbruster and Riley Winebarger both of White Sands Water Engineers.

President Anders began by introducing the newly appointed board member, Dan Kammerzell.

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, FINANCIALS, AND MINUTES OF JANUARY 2023 AS PRESENTED.
MOTION: DAVE BERNHARDT
SECOND: BRET SCHMIDT
MOTION CARRIED

Public Discussion

There was none.

Legal Action Items

Executive Session under CRS Section 24-6-402(3)(a)(II) – for the purpose of a conference with the District’s attorney to receive legal advice on specific legal question regarding the issuance or transfer of water allotment contracts for new uses within the District.

MOVE TO ADJOURN THE OPEN MEETING AND GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE.
MOTION: DAVE BERNHARDT
SECOND: BRET SCHMIDT
MOTION CARRIED AT 10:30 A.M.

MOVE TO ADJOURN THE EXECUTIVE SESSION AND RETURN TO THE OPEN MEETING.
MOTION: DON ROSENBROCK
SECOND: EVERETT KISSLER
MOTION CARRIED AT 11:20 A.M.

Executive Session under CRS Section 24-6-402(3)(a)(I) for the purpose of discussion regarding the purchase of water rights for use in the GMS and WAS Augmentation Plans.

MOVE TO ADJOURN THE OPEN MEETING AND GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION REGARDING THE PURCHASE OF WATER RIGHTS.
MOTION: VERN KAMMERZELL
SECOND: RANDY KNUTSON
MOTION CARRIED AT 11:22 A.M.
MOVE TO ADJOURN THE EXECUTIVE SESSION AND RETURN TO THE OPEN MEETING.
MOTION: STEVE BRUNTZ
SECOND: FRANK ECKHARDT
MOTION CARRIED AT 11:37 A.M.

Meeting adjourned at 11:45 A.M. for lunch.

Legal Reports

Brad Grasmick reviewed the December resume.

MOVE TO OPPOSE CASE 22CW3202.
MOTION: DAVE BERNHARDT
SECOND: FRANK ECKHARDT
MOTION CARRIED WITH ALAN AXTON VOTING NAY

MOVE TO OPPOSE 22CW3206.
MOTION: DOUG DILL
SECOND: RANDY KNUTSON
MOTION WITHDRAWN

MOVE TO OPPOSE CASES 22CW3206, 22CW3207, 22CW3208 AND 22CW3209.
MOTION: ALAN AXTON
SECOND: EVERETT KISSLER
MOTION CARRIED

MOVE TO OPPOSE 22CW3215.
MOTION: CHAD SCHAFER
SECOND: FRANK ECKHARDT
MOTION CARRIED WITH ALAN AXTON VOTING NAY.

Brad presented a Water Court update including the motion filed on Fossil Creek Reservoir, the continuing negotiations with Caste Rock, changing the use of Western Mutual Ditch shares and changing the use of Farmers Independent Ditch shares.

MOVE TO FILE THE WATER COURT APPLICATION AND CORRESPONDING SWSP REGARDING THE FARMERS INDEPENDENT DITCH SHARES PROVIDED THE CATLIN IS APPROVED BEFORE THE MARCH 2023 CCWCD BOARD MEETING.
MOTION: RANDY KNUTSON
SECOND: EVERETT KISSLER
MOTION CARRIED WITH FRANK ECKHARDT ABSTAINING

District Action

Randy presented a Resolution regarding supporting an update of the 1982 Six State High Plains-Ogallala Aquifer Regional Resources Study and seek federal and other support for the import of water resources to the Six State High Plains region.

MOVE TO APPROVE SIGNING THE RESOLUTION SUPPORTING AN UPDATE OF THE 1982 SIX STATE HIGH PLAINS-OGALLALA AQUIFER REGIONAL RESOURCES STUDY WITH ADDITIONS DISCUSSED.
MOTION: RANDY KNUTSON
SECOND: EVERETT KISSLER
MOTION CARRIED

MOVE TO APPROVE THE FIVE YEAR EDUCATION PLAN AS PRESENTED WITH THE 2023 EDUCATION BUDGET AND THE ADDITION OF AN ADMINISTRATIVE ASSISSTANT POSITION.
MOTION: CHAD SCHAFER
SECOND: BRET SCHMIDT
MOTION CARRIED

Staff Action

Randy Ray discussed recent interviews and the decision to hire family members. He then requested feedback from the board. Director Axton voiced his concerns.

Presidents Report

President Anders discussed concerns regarding Colorado River issues.

Legislative/Education Report

Randy Ray presented an article regarding the Stream Restoration Bill. Brad Grasmick described details in the bill.

Water Quality Report

There was none.

District Report

Randy Ray described the CRMC Helicopter logging and showed a video.

Secretaries Report

Randy Ray reviewed the events calendar.

New Business

Director Knutson suggested drafting a resolution regarding CCWCD’s support of Front Range water usage and conserving Colorado water resources.

Director Vern Kammerzell discussed serving on the board along with his grandson Dan Kammerzell. Discussion followed and it was unanimously agreed that both are valued board members and no conflict exists.

MOVE TO ADJOURN.
MOTION: DAVE BERNHARDT
SECOND: FRANK ECKHARDT
MOTION CARRIED

The regular meeting was adjourned at 2:39 P.M.

Respectfully Submitted,

Lynn Kramer