MINUTES OF THE
GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT
January 15, 2019
The regular meeting of the Groundwater Management Subdistrict Board of the Central Colorado Water Conservancy District was held on Tuesday January 15, 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 10:05 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; Don Rosenbrock; Tom Brown; Dave Bernhardt; Bret Schmidt; and Alan Axton. Doug Dill and Gary Herman were 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 Water Engineers; and Brad Grasmick and Kelly Custer of Lawrence, Jones, Custer and Grasmick. Special guests were: Jeff Shoemaker and Devon Buckles from the Greenway Foundation, and Don Diones from George K Baum.
ACCEPT INTO THE RECORD THE CONSENT CALENDAR, FINANCIALS, AND MINUTES OF NOVEMBER AND DECEMBER AS PRESENTED.
Motion: Dave Bernhardt
Second: Frank Eckhardt
MOTION CARRIED
PUBLIC DISCUSSION
Jeff Shoemaker from the Greenway Foundation thanked the CCWCD staff and board for their participation in the Chatfield Reallocation project. He addressed the environmental pool and the possibility of applying CCWCD’s 1983 water right to the acre feet in the environmental pool.
Don Diones from George K. Baum spoke to the board about issuing a bond for GMS in April of 2019. The plan will be to do a repayment term of ten years, with bond rating and bond insurance happening in late February.
ACTION ITEMS
APPROVE THE NAME CHANGE ON GMS CLASS D IRRIGATION CONTRACT FROM #305 ANJO CONSTRUCTION COMPANY INC TO #305 LASALLE COMMONS LLC.
Motion: Vern Kammerzell
Second: Dave Bernhardt
MOTION CARRIED
APPROVE THE CONTRACT REVISIONS TO GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACTS #279 ALEXANDER, JUDI; #268 ARNDT, ANTHONY EDWARD & MARY; #330 BANGERT, MICHAEL D. & EVANS, PAULETTE J.
ROLAND, MARYA FRANCES; #340 BELL, JAMES & DONALD KEITH; #302 BERGER, JACK JR. & SANDRA LEA; #344 BERNHARDT FAMILY LLC; #329 BINDER FAMILY FARMS, LLC; #303 BOOTH LAND & LIVESTOCK COMPANY; #385 BOX ELDER KIDS, LLC & CC OPEN A LLC; #1185 BRADLEY, MICHAEL R LIVING TRUST; #335 EV & TESS BROWN FARM, INC; #1072 BUDERUS FARMS; #1145 CALKINS, AERON & KIMBERLY; #256 CHESNUT, JACK E.; #396 COOK, DENNIS L. & JAMES E.; #520 DAVIS, BRUCE R.; #522 DECKER PROPERTY INVESTMENT I, LLC; #326 ABBETT, CLYDE L. & ROBERTA H.; #524 DELAMONT, RICK A. & KIM M.; #527 DIEHL, KAREN D.; #526 DILORENZO, JANET M.; #409 DINNER/PECKHAM JUNCTION FARM, LLC; #410 DINNER/NOEL FARM, LLC DINNER/JEWELL FARM, LLC DINNER/BROWN FARM, LLC; #528 DITTMER, TIMOTHY G. DITTMER, KENDAL P.; #369 BEN J. ELLS LIVING TRUST; #370 BEN J. ELLS LIVING TRUST; #377 ENGLISH FARMS, INC.; #620
FIVE RIVERS RANCH CATTLE FEEDING LLC; #621 FIVE RIVERS RANCH CATTLE
FEEDING LLC; #542 SAM S. & FRANCES R. FUNAKOSHI; #547 GUNZNER INVESTMENT COMPANY; #548 GURTLER, DORTHY K.; #549 GURTLER, DORTHY K.
LIVING TRUST; #552 HATHEWAY, LULU MARIE; #652 HELBOK, DEBEORA L. & MICHAEL; #1049 HIRST, CHRIS B.; #494 HOP, ANDREW JAY & PAULA LEE; #955 HS LAND & CATTLE LLC; #1057 HS LAND & CATTLE LLC; #569 IANELLI, JOSEPH G. & SHIRLEY J.; #281 KAMMERZELL, EUGENE & JANET; #1103 KENNEDY, CYNTHIA J.; #1169 KIRBY, KIRK LEVI & GORDONS STOUT LLC; #580 KIYOTA PROPERTIES, LLC; #439 LOCHBUIE LAND I, LLC; #1032 LULU’S FARM INC.; #966 M&M EXCAVATION CO.; #610 MATSUSHIMA, LILLIAN Y. & OKIKO; #611 MATSUSHIMA, RONALD & KAREN; #1109 MCCARTY, STEVEN & JENNY; #601 MCCORMICK G. TODD; #1121
MILLER-HFI LLC; #619 MONAGHAN FARMS, INC.; #635 MURATA, STEVEN T.; #647
OKF FARM, LLC; #650 OSTER, LARRY & DALTON, LISA; #826 PFANNEBECKER, PHILIP & SARAH; #663 PLATTE VALLEY SCHOOL DIST RE7; #440 ROSKOP FARMS, LLC; #693 SASAKI FAMILY PARTNERSHIP LLLP; #696 SASAKI FAMILY PARTNERSHIP LLLP; #485 SATER, PAUL A.; #719 SHOLDT SUBDIVISION WATER
USERS ASSOCIATION; #988 SLW FARM COMPANY LLC; #688 SLW RANCH COMPANY; #724 SMITH, JERRY L. & PAMILA K.; #1083 SWEET VALLEY ENTERPRISES, LLC; #461 TAPPAN, MARIA; #1129 WALTON COLORADO, LLC; #1130
WALTON COLORADO, LLC; #442 WOLFE, VERNON & LINDA; #1098 WUERTZ, MICHAEL & WUERTZ, GARY.
Motion: Chad Schafer
Second: Bret Schmidt
MOTION CARRIED
APPROVE THE CONTRACT REVISIONS TO GMS CLASS D NON-IRRIGATION WATER ALLOTMENT CONTRACTS #278 COMPLETE ENERGY SERVICES, INC, #972 MILLER, JOHN B., #728 SPARBOE SUMMIT FARMS, INC.
Motion: Everett Kissler
Second: Ralph Anders
MOTION CARRIED
APPROVE THE CONTRACT REVISIONS TO GMS CLASS C IRRIGATION WATER ALLOTMENT CONTRACTS #1149 Adams county, #782 wellington reservoir company.
Motion: Dave Bernhardt
Second: Everett Kissler
MOTION CARRIED
The Officer Elections for 2019 were discussed. Vern Kammerzell addressed the board and thanked them for the fruit basket and phone calls her received while he was in the hospital. Due to health concerns, Vern will be stepping down from his position as Treasurer and Chair of the GMS committee.
President Randy Knutson asked for officer elections for 2019 and opened the floor for nominations.
MOVE TO CLOSE NOMINATIONS AND APPOINT BRET SCHMIDT TREASURER IN 2019, AND CHAIR OF THE BUDGET COMMITTEE. A UNANIMOUS BALLOT WAS CAST TO RETAIN THE REMAINING SLATE OF CURRENT OFFICERS, AND TO APPOINT FRANK ECKHARDT AS CHAIR OF THE GMS COMMITTEE.
Motion: Everett Kissler
Second: Steve Bruntz
MOTION CARRIED
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: Randy Knutson
Second: Dave Bernhardt
MOTION CARRIED AT 10:48 A.M.
ADJOURN THE EXECUTIVE SESSION AND RECONVENE INTO THE PUBLIC MEETING.
Motion: Chad Schafer
Second: Jim Reasoner
MOTION CARRIED AT 11:59 A.M.
ADJOURN FOR LUNCH AND RECONVIENE
APPROVE THE PERMANENT CONTRACT TRANSFER FROM GMS #726 SOUTH BEEBE DRAW METRO DISTRICT TO #1090 70 RANCH, LLC.
Motion: Ralph Anders
Second: Dave Bernhardt
MOTION CARRIED
APPROVE THE PERMANENT CONTRACT TRANSFER FROM GMS #791 WESTERN EQUIPMENT AND TRUCK TO 34 TRANSPORTATION CENTER CRAIG SPARROW.
Motion: Frank Eckhardt
Second: Don Rosenbrock
MOTION CARRIED
Legal Reports
Brad Grasmick reviewed the resume.
MOVE TO FILE AN OPPOSITION TO CASE #18CW3193, CITY OF LOVELAND.
Motion: Vern Kammerzell
Second: Frank Eckhardt
MOTION CARRIED WITH ALAN AXTON VOTING NAY
Subdistrict Action:
DIRECT RANDY RAY TO NEGOTIATE WITH CWCB REGARDING AN OPERATIONS AGREEMENT WHICH COULD INCLUDE CENTRAL’S 1983 CHATFIELD WATER RIGHT BEING DEDICATED TO THE 500 A/F OF ADDITIONAL ENVIRONMENTAL POOL.
Motion: Jim Reasoner
Second: Ralph Anders
MOTION CARRIED
RENEW THE GIC RECHARGE EASEMENT WITH SAME TERM AND CONDITIONS AS BEFORE, EXCEPT IT WILL BE AN ANNUAL AGREEMENT THAT WILL AUTOMATICALLY RENEW UNLESS EITHER PARTY NOTIFIES THE OTHER AHEAD OF TIME.
Motion: Everett Kissler
Second: Bret Schmidt
MOTION CARRIED
APPROVE THE CER BYPASS AGREEMENTS TO USE OGILVY AND BIJOU BYPASSES FOR $15,000 BUY IN FEE PER STRUCTURE PLUS $25/ACRE FOOT RUNNING FEE ON 300 ACRE FOOT PER STRUCTURE, ALL PRE-PAID BEFORE ANY WATER IS RUN.
Motion: Jim Reasoner
Second: Ralph Anders
MOTION CARRIED
APPROVE THE ACWWA AUG STATION AGREEMENT FOR THE FULTON STATION FOR $20,000.
Motion: Chad Schafer
Second: Ralph Anders
MOTION CARRIED
APPROVE THE WATER LEASE AGREEMENTS WITH BESTWAY CONCRETE FOR BERNHARDT AND WINDSOR MINES FOR 2019 UNDER SAME TERMS AS 2018.
Motion: Bret Schmidt
Second: Steve Bruntz
MOTION CARRIED
RENEW THE PEGGRAM GRAZING LEASE FOR 2019 UNDER THE SAME TERMS AND CONDITIONS AS 2018.
Motion: Steve Bruntz
Second: Bret Schmidt
MOTION CARRIED
APPROVE THE PROPOSED RUNNING AND CARRIAGE FEE FOR KOENIG RESERVOIR WITH LUPTON BOTTOMS.
Motion: Ralph Anders
Second: Everett Kissler
MOTION CARRIED
APPROVE THE Journey Ventures pit purchase contract WITH ALL PROTECTIVE CONTINGENCIES REGARDING DETERMINATION OF FINAL STORAGE CAPACITY.
Motion: Everett Kissler
Second: Frank Eckhardt
MOTION CARRIED
MOVE TO APPROVE THE Loloff & Durr GRAVEL PIT LEASE AGREEMENTS UP TO 100 ACRE FEET.
Motion: Everett Kissler
Second: Ralph Anders
MOTION CARRIED
MOVE TO APPROVE THE EXTRACTION LEASE.
Motion: Everett Kissler
Second: Ralph Anders
MOTION CARRIED
Committee Action:
There was none.
Staff Action:
There was none.
Presidents Report
Randy Knutson thanked Ruthanne Schaffer for ten years of service and presented her with a plaque on behalf of CCWCD.
Subdistrict Report:
Billy Mihelich provided the subdistrict report to the board. There hasn’t been a call on the river since January 2nd and the reservoirs are all topping off. Some recharge is being run. The three month weather and precipitation outlook was reviewed.
The PRBT carriage agreement was discussed. CCWCD will not sign the agreement.
The City of Aurora effluent leases have been extended through 2035.
Secretaries Report:
Randy Ray met with the Weldon Valley Ditch board regarding infrastructure improvements and running fees associated with the Walker Recharge project. The USBR grant is moving forward and the draft agreement will be ready to come to the board soon.
A brief overview of the recent GMDA conference was given to the board. The CWC Annual Conference will be taking place the end of January in Westminster.
Randy Ray will be resigning from his position on the Godfrey Ditch Board in 2019.
Randy provided the board with an update on the Children’s Water Festival and the current members serving on the committee.
The upcoming Board Calendar was reviewed.
Unscheduled Business
There was none.
New Business
Chad Schafer addressed the board about the use of I-Pads at board meetings. Chad, Bret, and Tammy Rusch will discuss this further.
The regular meeting was adjourned at 3:20 PM.
Respectfully submitted,
Danyelle McCannon,
Financial Analyst