MINUTES OF THE

GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE

CENTRAL COLORADO WATER CONSERVANCY DISTRICT

August 21, 2018

The regular meeting of the Groundwater Management Subdistrict Board of the Central Colorado Water Conservancy District was held on Tuesday August 21, 2018, 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 10:11 AM, and the following Directors were present: Randy Knutson, President; Chad Schafer, Vice President; Vern Kammerzell, Treasurer; Frank Eckhardt, At Large; Everett Kissler; Ralph Anders; Jim Reasoner; Steve Bruntz;; Doug Dill; Don Rosenbrock; Alan Axton; Gary Herman; Bret Schmidt; and Dave Bernhardt.  Tom Brown was absent.

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 Engineers; and Brad Grasmick of Lawrence, Jones, Custer and Grasmick. Special guests were: Mike Alexander of Honker Nation; Don Diones and Todd Snidow of George K. Baum; and Bill Ray of WR Communications.

President Randy Knutson opened the meeting.

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, FINANCIALS, AND MINUTES OF JUNE, JULY, AND AUGUST AS PRESENTED.
Motion: Dave Bernhardt
Second: Ralph Anders
MOTION CARRIED

PUBLIC DISCUSSION

Mike Alexander spoke to the board about the current hunting lease that his group, Honker Nation, has on the Walker property. They’ve lease the land for hunting for the last several years and have never had any problems on the property, and they’re always sure to clean up after themselves when they use the area. Mike is requesting a renewal of the hunting lease at Walker, and potentially on the Nissen and Koenig properties as well.

APPROVE THE HUNTING LEASES ON ALL THREE PROPERTIES WITH HONKER NATION AFTER our insurance agent and legal counsel review both proposed leases, paragraph 6 to include previous language regarding Central’s land USE, INCLUDE LEASEE TO WORK WITH VETERAN GROUPS TO HUNT AND increase the rate at Koenig to $5,000.
Motion: Everett Kissler
Second: Bret Schmidt
MOTION CARRIED

Bill Ray provided updates to the Board on the mail survey results for the GMS election. Once the Board approves the resolution for the ballot question an issue committee needs to be formed. This committee will need to do set up with the Secretary of State, and then they will be responsible for fundraising and reporting efforts, as well as outreach and education for the public.

Don Diones went over the resolution for the GMS election which contains the ballot language. The resolution has updated financials with interest rate adjustments and corrected repayment maximums.

APPROVE THE GMS BALLOT RESOLUTION WITH THE RECOMMENDED CHANGES.
Motion: Ralph Anders
Second: Chad Schafer
MOTION CARRIED WITH ALAN AXTON VOTING NAY

ACTION ITEMS

APPROVE THE TRANSFER OF GMS CONTRACT #467, MARVIN AND DIANE KREMER, TO GMS CONTRACT #1213, BRIGHTON TURF FARM, LLC.
Motion: Chad Schafer
Second: Doug Dill
MOTION CARRIED

APPROVE THE TRANSFER OF GMS CONTRACT #361, GRACE CAMPBELL, TO GMS CONTRACT #1208, RALPH CAMPBELL.
Motion: Frank Eckhardt
Second: Doug Dill
MOTION CARRIED

APPROVE THE NAME CHANGE OF GMS CONTRACT #1173 FROM MONTE PEAK MINERALS LLC, TO MONTE PEAK MINERALS LLC AND AMERICAN AGCREDIT FLCA.
Motion: Vern Kammerzell
Second: Gary Herman
MOTION CARRIED

APPROVE THE CONTRACT REVISIONS TO GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACTS #1034 Alles, Gary D. & Susan C; #293 Amen, Joe E. & Sandra K.; #325 Arens, Grant & Rena F. Trust; #1093 Arens, Grant & Rena F. Trust ; #1127 Asphalt Specialties Co. Inc; #1080 Boulter, Michael Farms LLC; #1166 Boulter, Roger Inc. and Strohauer, Harry; #1137 Brehan, Steven M.; #1056 Brighton, City; #507 Buckley Acres HOA; #807 Chavez, Melecio & Margaret; #1112 Chavez, Melecio & Margaret; #1116 Checketts, Roswell L. & Kerry; #1063 Colorado Investors, LLC; #1064 Cook, George T.; #360 Cottonwood Lanes HOA; #618 Dean, Candace L.; #233 Dechant, Alvin Jr.; #234 Dechant, Alvin Jr.; #1136 Dechant, Alvin Jr.; #238 Dechant Farms Partnership; #237 Dechant, Scott; #1055 East Tufts Joint Venture, LLP; #533 Eckhardt Farms; #1113 Eckhardt Farms; #1124 Eckhardt Farms; #1135 Evanoff, Joe & Lorie Living Trust; #951 Ewing, John L & Linda L; #1086 Foos, Roline M.; #1079 Foos, Steven Paul; #1087 Foos, Steven Paul; #1161 FPI Burlington Farms LLC; #1148 Fort Morgan Farms LLC; #1067 Gaubatz, Mark D.; #1110 Haake Farms Inc; #1125 Janeczko, Michael A; #573 Kanzler, Donald E. & Shirley Ann; #1106 Kasten, Cheryl L. Stroh, Carlene M. Currier, Karen; #1001 L.G. Everist, Incorporated; #1035 L.G. Everist, Incorporated; #1039 L.G. Everist, Incorporated; #980 LaSalle Meadows LLC; #1059 Land, Lloyd; #1058 Luke, Alfred V. & Kathleen M; #944 Mazzotti, Alan G; #1108 Morgan Farm LLC; #627 Moser, John R.; #628 Moser, Wes Inc; #629 Moser, Wes Inc; #630 Moser, Wes Inc; #1151 Mowery, Timothy; #1068 Oster, Marc J.; #1139 Plaza West 20 LLC and JRE 85 LLC; #976 Printz, Douglas A. & Kathryn S.; #1054 Ritchey, Joel E. & Angela L.; #475 Sakata Farms Inc; #476 Sakata Farms Inc; #477 Sakata Farms Inc; #478 Sakata Farms Inc; #479 Sakata Farms a partnership; #480 Sakata Farms a partnership; #1089 Sakata Farms Inc; #481 Sakata Land Company; #482 Sakata Land Company; #483 Sakata Land Company; #484 Sakata Land Company; #1142 Seiber, Robert E. & Edith and Premier Farm Credit; #1118 Seiber, Robert L. & Patricia and Premier Farm Credit; #1156 Stevenson, Shannon S. & Donna; #1146 Surabian, Connie M. & Lazarus M; #235 Ten Hand Trust; #236 Ten Hand Trust; #1092 Ten Hand Trust; #1102 Tointon, Robert G; #1065 TriMar Farms LLC; #1150 Ulrich, Max J. & Mary A; #1120 Varra Companies Inc; #1128 Varra Companies Inc; #790 Western Equipment & Truck Inc; #791 Western Equipment & Truck Inc; # 792 Western Equipment & Truck Inc; #1041 Western Equipment & Truck Inc; #793 Wetco Farms Inc; #1134 WPD Storage LLC.
Motion: Chad Schafer
Second: Bret Schmidt
MOTION CARRIED

APPROVE THE CONTRACT REVISIONS TO GMS CLASS D NON-IRRIGATION WATER ALLOTMENT CONTRACTS #1014 Bauer, Dennis & Laura; #1162 FPI Burlington Farms LLC; #990 Kinsey, Dale Lynn and Wisner, Elizabeth Cary; #1115 Morwai Dairy LLC.
Motion: Chad Schafer
Second: Dave Bernhardt
MOTION CARRIED

APPROVE A NEW GMS CLASS C IRRIGATION CONTRACT, #1177 WELD COUNTY BOARD OF COUNTY COMMISSIONERS.
Motion: Dave Bernhardt
Second: Bret Schmidt
MOTION CARRIED

APPROVE A NEW GMS CLASS C NON-IRRIGATION CONTRACT, #1178 WELD COUNTY BOARD OF COUNTY COMMISSIONERS.
Motion: Vern Kammerzell
Second: Dave Bernhardt
MOTION CARRIED

Legal Action

I MOVE TO ADJOURN THE OPEN MEETING AND GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT 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: Ralph Anders
Second: Dave Bernhardt
MOTION CARRIED AT 11:25 AM

ADJOURN THE EXECUTIVE SESSION AND RECONVENE INTO THE PUBLIC MEETING.
Motion: Vern Kammerzell
Second: Gary Herman
MOTION CARRIED AT 12:00 PM

ADJOURN FOR LUNCH AND RECONVENE

Legal Reports

Brad Grasmick reviewed the resume.

MOVE TO OPPOSE CASE #18CW3090, CITY OF WESTMINSTER.
Motion: Don Rosenbrock
Second: Frank Eckhardt
MOTION CARRIED WITH ALAN AXTON VOTING NAY

MOVE TO OPPOSE CASE #18CW3121, CITY OF AURORA.
Motion: Gary Herman
Second: Bret Schmidt
MOTION CARRIED

Subdistrict Action:

ACCEPT THE OFFER ON THE FORD ESCAPE.
Motion: Gary Herman
Second: Chad Schafer
MOTION CARRIED WITH STEVE BRUNTZ VOTING NAY

ACCEPT THE OFFER ON THE FORD PICKUP.
Motion: Chad Schafer
Second: Steve Bruntz
MOTION CARRIED

Accept the proposal for randy ray to operate his personal vehicle and sell the explorer.
Motion: Gary Herman
Second: Jim Reasoner
MOTION CARRIED

APPROVE THE REVISED DCP MIDSTREAM EASEMENT AGREEMENT AT NISSEN RESERVOIR FOR $5,000 FOR 1 YEAR.
Motion: Chad Schafer
Second: Bret Schmidt
MOTION CARRIED

RATIFY RANY RAY’S DECISION TO APPROVE THE CONTRACT WITH WILDLAND MANAGEMENT FOR REPAIRS ON THE POUDRE RIVER NEAR SIEBRING RESERVOIR.
Motion: Everett Kissler
Second: Doug Dill
MOTION CARRIED

Proceed with the fullmer proposal.
Motion: Ralph Anders
Second: Everett Kissler
MOTION CARRIED

APPROVE THE REVISED CONTRACT RENEWAL WITH THE FORT LUPTON FIRE DEPARTMENT AT KOENIG RESERVOIR FOR 1 YEAR.
Motion: Chad Schafer
Second: Gary Herman
MOTION CARRIED

NEGOTIATE TERMINATION OF THE EVANS IGA CONSISTANT WITH ITS CONTRACT TERMS.
Motion: Frank Eckhardt
Second: Don Rosenbrock
MOTION CARRIED

Committee Action:

MOVE TO APPROVE THE SMITH EASEMENT AGREEMENT.
Motion: Gary Herman
Second: Bret Schmidt
MOTION CARRIED

MOVE TO FINALIZE THE USBR AND CWCB GRANT CONTRACTS, PREPARE A SCOPE AND PROPOSAL FOR THE DESIGN AND CONSTRUCTION OF THE PIPELINE FROM CENTRAL’S WALKER PROPERTY TO THE EMPIRE RECHARGE POND ON COUNTY ROAD U.
Motion: Everett Kissler
Second: Gary Herman
MOTION CARRIED

Move to go with deere & ault AS THE ENGINEERS FOR THE WALKER PIPELINE CROSSING OF THE SOUTH PLATTE.
Motion: Everett Kissler
Second: Dave Bernhardt
MOTION CARRIED

Refer the sater request back to the GMS committee for further discussion.
Motion: Gary Herman
Second: Bret Schmidt
MOTION CARRIED WITH FRANK ECKHARDT AND ALAN AXTON VOTING NAY

MOVE TO APPROVE AMREPCO’S REQUEST TO vacate the board’s approval of INCLUSION INTO GMS and withdraw their request.
Motion: Dave Bernhardt
Second: Steve Bruntz

MOTION CARRIED WITH Jim Reasoner, Ralph Anders, Frank Eckhardt and Don Rosenbrock voting Nay

MOVE TO APPROVE THE REVISED METERING POLICY.
Motion: Gary Herman
Second: Vern Kammerzell
MOTION CARRIED

MOVE TO SUPPORT THE WATER EDUCATION COLORADO AS A BASIN MEMBER OF $2,000.00
Motion: Everett Kissler
Second: Ralph Anders
MOTION CARRIED

MOVE TO CONTINUE ADVERTISING WITH THE GREELEY PHILHARMONIC ORCHESTRA.
Motion: Alan Axton
Second: Gary Herman
MOTION CARRIED WITH DON ROSENBROCK VOTING NAY

MOVE TO CONTINUE THE WELL WATCH PROGRAM UNDER THE DIRECTION OF THE POUDRE LEARNING CENTER.
Motion: Ralph Anders
Second: Bret Schmidt
MOTION CARRIED

MOVE TO CONTINUE WITH THE FARM SHOW.
Motion: Everett Kissler
Second: Frank Eckhardt
MOTION CARRIED

MOVE TO CONTINUE WITH THE POUDRE RIVER FORUM.
Motion: Gary Herman
Second: Doug Dill
MOTION CARRIED

Staff Action:

APPROVE THE Checketts easement agreement.
Motion: Gary Herman
Second: Dave Bernhardt
MOTION CARRIED

APPROVE THE THORNTON LEASE EXTENSION.
Motion: Gary Herman
Second: Frank Eckhardt
MOTION CARRIED

APPROVE THE IGA’S FOR THE GMS BOND ELECTION FOR ADAMS, MORGAN, AND WELD COUNTIES.
Motion: Bret Schmidt
Second: Jim Reasoner
MOTION CARRIED

Presidents Report

President Knutson thanked the Board and staff for their hard work and dedication to the districts.

Subdistrict Report:

Ruthanne Schaffer provided the updated status of the reservoir volume levels and the operational outlook for the upcoming months.

Billy Mihelich presented the precipitation and temperature outlooks for the winter. He also informed the Board that the Rinn Valley pump station is almost done, and the construction at Koenig is nearing completion as well.

District Report:

Randy Ray gave updated to the Board on Chatfield, and current progress videos were viewed.

Secretaries Report:

Billy Mihelich and Bret Schmidt have been selected for the Water Literate Leaders of Northern Colorado.

South Platte Forum will be held on October 24th and 25th this year.

Randy Ray presented some information on recent talks with the Town of Gilcrest.

The upcoming Board Calendar was reviewed.

Unscheduled Business

There was none.

The regular meeting was adjourned at 4:13 PM.

Respectfully submitted,

Danyelle McCannon,
Financial Analyst