MINUTES OF THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE
CENTRAL COLORADO WATER CONSERVANCY DISTRICT
January 17, 2023
The regular monthly meeting of the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District was held on Tuesday, January 17, 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; Gary Herman; Vern Kammerzell; Everett Kissler; Randy Knutson; Alan Mazzotti and Don Rosenbrock. Alan Axton attended by Zoom. Director absent was Doug Dill.
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 and Ed Armbruster of White Sands Water Engineers.
Danyelle Hart explained the new layout for the Financials.
ACCEPT INTO THE RECORD THE CONSENT CALENDAR, FINANCIALS, AND MINUTES OF NOVEMBER AND DECEMBER 2022 AS PRESENTED.
MOTION: GARY HERMAN
SECOND: DAVE BERNHARDT
MOTION CARRIED
Danyelle Hart reviewed a Master Services Agreement with Clifton Larson Allen LLP. Discussion followed.
MOVE TO APPROVE THE MASTER SERVICES AGREEMENT WITH CLIFTON LARSON ALLEN LLP.
MOTION: CHAD SCHAFER
SECOND: STEVE BRUNTZ
MOTION CARRIED
Public Discussion
Action Items
Lynn Kramer presented Petitions for Water Allotment Contracts needing board approval.
MOVE TO APPROVE THE NAME CHANGE ON GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT #1179 FROM MYRON G. MARTINSON TRUST TO MGM FARMS, LLC.
MOTION: CHAD SCHAFER
SECOND: FRANK ECKHARDT
MOTION CARRIED
MOVE TO APPROVE THE TRANSFER OF GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT #371 JAMES H. FOLEY TO GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT #1325 MARTIN A. GUTIERREZ JURADO AND GALINDA PROANO CORRAL.
MOTION: DAVE BERNHARDT
SECOND: ALAN MAZZOTTI
MOTION CARRIED
Randy Ray described the request from Shelton Land & Cattle.
MOVE TO TABLE THE SHELTON LAND & CATTLE LTD GMS PETITION FOR CLASS D NON-IRRIGATION WATER ALLOTMENT CONTRACT #1320.
MOTION: EVERETT KISSLER
MOTION DIED FOR LACK OF A SECOND
MOVE TO APPROVE THE GMS CLASS D NON-IRRIGATION WATER ALLOTMENT CONTRACT #1320 SHELTON LAND & CATTLE LTD CONTINGENT UPON BOARD APPROVING ANY QUOTA TRANSFERS.
MOTION: GARY HERMAN
SECOND: RANDY KNUTSON
MOTION CARRIED
Legal Action Items
Under 24-6-402(4)(a) – Conference with the District’s Attorney to discuss the purchase, acquisition, lease, transfer or sale of real, personal or other property interest.
MOVE TO ADJOURN THE OPEN MEETING AND GO INTO EXECUTIVE SESSION TO DISCUSS THE PURCHASE OF SENIOR WATER RIGHTS.
MOTION: EVERETT KISSLER
SECOND: DON ROSENBROCK
MOTION CARRIED AT 11:25 A.M.
MOVE TO ADJOURN THE EXECUTIVE SESSION AND RETURN TO THE OPEN MEETING.
MOTION: CHAD SCHAFER
SECOND: BRET SCHMIDT
MOTION CARRIED AT 11:53 A.M.
ADJOURN FOR LUNCH 11:54 A.M.
RECONVENE AT 12:30 P.M.
MOVE TO APPROVE THE PURCHASE AND SELL AGREEMENT WITH WESTERN EQUIPMENT AND TRUCK.
MOTION: DON ROSENBROCK
SECOND: FRANK ECKHARDT
MOTION CARRIED WITH STEVE BRUNTZ AND ALAN AXTON VOTING NAY.
Legal Reports
Brad Grasmick reviewed the December resume and will bring his recommendations next month.
Brad presented a Water Court update, updated the board on the Castle Rock opposition and discussed a meeting with the Town of Lochbuie to augment wells.
Brad presented the board with a letter regarding attorney rate increases from Lawrence Custer Grasmick Jones & Donovan LLP.
MOVE TO APPROVE THE ATTORNEY RATE INCREASES FOR LAWRENCE CUSTER GRASMICK JONES & DONOVAN LLP AS PRESENTED.
MOTION: GARY HERMAN
SECOND: CHAD SCHAFER
MOTION CARRIED
President Anders opened up the nominations for the 2023 Board Officers.
Director Axton nominated Chad Schafer for Board President, Director Schafer declined the nomination.
MOVE TO CLOSE THE NOMINATIONS AND CAST A UNANIMOUS BALLOT TO RETAIN THE CURRENT SLATE OF OFFICERS.
MOTION: EVERETT KISSLER
SECOND: GARY HERMAN
MOTION CARRIED
Randy Ray notified the board that CCWCD has been awarded the WaterSMART Small-Scale Water Efficiency Projects Funding.
Subdistrict Action
MOVE TO APPROVE THE EASEMENT AGREEMENT WITH THE PATRICIA A. RAY LIVING TRUST FOR THE RAY RECHARGE POND #1.
MOTION: CHAD SCHAFER
SECOND: GARY HERMAN
MOTION CARRIED
MOVE TO APPROVE THE EASEMENT AGREEMENT WITH HERMAN FARMS LLC FOR THE HERMAN RECHARGE POND #1.
MOTION: RANDY KNUTSON
SECOND: BRET SCHMIDT
MOTION CARRIED WITH GARY HERMAN ABSTAINING
MOVE TO APPROVE THE 2023 ORCHARD PROPERTY GRAZING LEASE AGREEMENT WITH TIM PEGGRAM FOR ONE YEAR.
MOTION: GARY HERMAN
SECOND: CHAD SCHAFER
MOTION CARRIED
MOVE TO APPROVE THE 2023 WALKER PROPERTY GRAZING LEASE AGREEMENT WITH JOSEPH HAWKINS.
MOTION: CHAD SCHAFER
SECOND: GARY HERMAN
MOTION CARRIED
MOVE TO LEASE THE EWING FARM TO ECKHARDT FARMS INC AT $175 PER IRRIGATED ACRE AND TENANT MAINTAIN ANY UNPLANTED ACRES.
MOTION: CHAD SCHAFER
SECOND: BRET SCHMIDT
MOTION CARRIED WITH FRANK ECKHARDT ABSTAINING
MOVE TO APPROVE THE LEASE WITH THE CITY OF GREELEY.
MOTION: GARY HERMAN
SECOND: CHAD SCHAFER
MOTION CARRIED
Randy Ray presented bids for the Clement Recharge Pond.
MOVE TO ACCEPT THE LEC CONSTRUCTION BID FOR WORK AT THE CLEMENT RECHARGE POND.
MOTION: CHAD SCHAFER
SECOND: BRET SCHMIDT
MOTION CARRIED
Billy Mihelich presented a proposal from Burnco to lease water.
MOVE TO APPROVE A LEASE FOR 14 ACRE FEET TO BURNCO AT $800 PER ACRE FOOT.
MOTION: CHAD SCHAFER
SECOND: FRANK ECKHARDT
MOTION CARRIED WITH RANDY KNUTSON VOTING NAY
Staff Action
There was none.
Presidents Report
There was none.
Subdistrict Report
Billy Mihelich provided the operational reports and reviewed the snowpack and precipitation outlooks.
Secretaries Report
Randy Ray reviewed the events calendar and two sponsorship requests.
MOVE TO APPROVE A $300 SPONSORSHIP TO THE POUDRE RIVER FORUM.
MOTION: EVERETT KISSLER
SECOND: CHAD SCHAFER
MOTION CARRIED
MOVE TO APPROVE A $2500 SPONSORSHIP TO THE COLORADO FOUNDATION FOR AG.
MOTION: EVERETT KISSLER
SECOND: RANDY KNUTSON
MOTION CARRIED WITH ALAN AXTON VOTING NAY
The board discussed hosting a bus tour and the Spring member meeting. The member meeting is scheduled for March 23, 2023.
New Business
Billy Mihelich talked to the board about his position on the Poudre Heritage Alliance board.
MOVE TO RELIEVE BILLY MIHELICH FROM HIS DUTY SERVING AS A BOARD MEMBER ON THE POUDRE HERITAGE ALLIANCE BOARD.
MOTION: EVERETT KISSLER
SECOND: BRET SCHMIDT
MOTION CARRIED
MOVE TO ADJOURN.
MOTION: DAVE BERNHARDT
SECOND: CHAD SCHAFER
MOTION CARRIED
The regular meeting was adjourned at 2:40 P.M.
Respectfully Submitted,
Lynn Kramer