MINUTES OF THE WELL AUGMENTATION SUBDISTRICT OF THE
CENTRAL COLORADO WATER CONSERVANCY DISTRICT
February 21, 2023
The regular monthly meeting of the Well Augmentation Subdistrict 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.
Action Items
Lynn Kramer presented Petitions for Water Allotment Contracts needing board approval.
MOVE TO APPROVE THE NAME CHANGE ON WAS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT #1031 FROM GREGORY & AGNES DOMENICO TO GREGORY DOMENICO.
MOTION: DAVE BERNHARDT
SECOND: CHAD SCHAFER
MOTION CARRIED
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
Subdistrict Action
Randy discussed a request from FRICO for an agreement to swap water.
Randy presented a Right of Way Grant from Chevron Midstream Services.
MOVE TO APPROVE THE RIGHT OF WAY GRANT FOR PIPELINE EASEMENT WITH BLACK DIAMOND ROCKIES MIDSTREAM LLC AT $41,350 WITH CHANGES DISCUSSED.
MOTION: BRET SCHMIDT
SECOND: FRANK ECKHARDT
MOTION CARRIED
Billy presented two Amendments to Purchase and Sale Agreements with Western Equipment & Truck LLC.
MOVE TO RATIFY THE FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT WITH WESTERN EQUIPMENT & TRUCK INC.
MOTION: CHAD SCHAFER
SECOND: DAVE ECKHARDT
MOTION CARRIED
MOVE TO APPROVE THE SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT WITH WESTERN EQUIPMENT & TRUCK INC.
MOTION: DAVE BERNHARDT
SECOND: CHAD SCHAFER
MOTION CARRIED
Billy presented the 2023 Hoshiko Farms GIC lease.
MOVE TO APPROVE THE FIFTH AMENDED AND RESTATED WATER LEASE WITH HOSHIKO WATER LLC.
MOTION: CHAD SCHAFER
SECOND: BRET SCHMIDT
MOTION CARRIED
MOVE TO APPROVE THE EASEMENT AGREEMENT WITH VERN AND CAROLYN A. KAMMERZELL FOR THE V. KAMMERZELL RECHARGE POND.
MOTION: STEVE BRUNTZ
SECOND: CHAD SCHAFER
MOTION CARRIED WITH VERN KAMMERZELL AND DAN KAMMERZELL ABSTAINING
MOVE TO APPROVE THE EASEMENT AGREEMENT WITH DOUGLAS A. AND KATHRYN S. PRINTZ FOR THE PRINTZ RECHARGE POND.
MOTION: CHAD SCHAFER
SECOND: FRANK ECKHARDT
MOTION CARRIED
MOVE TO APPROVE THE AUGMENTATION WELL AGREEMENT WITH W.C.L PARTNERSHIP FOR WELL PERMIT #60568-F.
MOTION: EVERETT KISSLER
SECOND: BRET SCHMIDT
MOTION CARRIED
Randy Ray presented a conflict letter from Lawrence Custer Grasmick Jones & Donovan LLP regarding joint representation of the Godfrey Ditch Company and CCWCD.
MOVE TO APPROVE SIGNING THE CONFLICT LETTER FROM LAWRENCE CUSTER GRASMICK JONES & DONOVAN LLP REGARDING JOINT REPRESENTATION OF THE GODFREY DITCH COMPANY AND THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT.
MOTION: RANDY KNUTSON
SECOND: CHAD SCHAFER
MOTION CARRIED
MOVE TO APPROVE THE GODFREY DITCH COMPANY SERVICES AGREEMENT WITH CHANGES DISCUSSED.
MOTION: CHAD SCHAFER
SECOND: RANDY KNUTSON
MOTION CARRIED
MOVE TO APPROVE THE GREELEY IRRIGATION COMPANY SERVICES AGREEMENT.
MOTION: BRET SCHMIDT
SECOND: CHAD SCHAFER
MOTION CARRIED WITH RANDY KNUTSON ABSTAINING
MOVE TO APPROVE THE MEADOW ISLAND #1 DITCH COMPANY SERVICES AGREEMENT.
MOTION: EVERETT KISSLER
SECOND: DON ROSENBROCK
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.
Subdistrict Report
Billy Mihelich provided the operational reports and reviewed the snowpack and precipitation outlooks.
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