MINUTES OF THE
GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE
CENTRAL COLORADO WATER CONSERVANCY DISTRICT

November 19, 2019

The regular meeting of the Groundwater Management Subdistrict Board of the Central Colorado Water Conservancy District was held on Tuesday, November 19, 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 10:03 AM, and the following Directors were present: Randy Knutson, President; Chad Schafer, Vice President; Bret Schmidt, Treasurer; Frank Eckhardt; Everett Kissler; Jim Reasoner; Dave Bernhardt; Gary Herman; Ralph Anders; Doug Dill; Don Rosenbrock; Alan Axton; Vern Kammerzell; Tom Brown; and Steve Bruntz.

Others present were: Randy Ray, Executive Director; William Mihelich, District Engineer; Danyelle McCannon, Financial Analyst; Lynn Kramer, Contracts Manager; Ruthanne Schaffer, Senior Water Accountant; Courtney Sandoval, Field Operations Assistant; Ed Armbruster of White Sands Water Engineers; and Brad Grasmick and Allison Scott of Lawrence, Jones, Custer and Grasmick.

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, FINANCIALS, AND MINUTES OF SEPTEMBER AND OCTOBER AS PRESENTED.

Motion: Dave Bernhardt
Second: Ralph Anders
MOTION CARRIED

PUBLIC DISCUSSION

APPROVE THE PREMANENT CONTRACT TRANSFERS FROM GMS CONTRACT #635 STEVEN T. MURATA, TO GMS CONTRACT #1227 ADAMS COUNTY COMMISSIONERS; FROM GMS CONTRACT #557 HOLTON FAMILY LLC, TO GMS CONTRACT #1234 CAW EQUITIES LLC; NAME CHANGE OF GMS CONTRACT #705 FROM (PADILLA, CYNTHIA M. SCHMIER, VERNON L. SCHMIER, RAYMOND G. & ALICE K.) TO (PADILLA, CYNTHIA M. SCHMIER, VERNON L. SCHMIER, RAYMOND G. & ALICE K. FAMILY TRUST); TRANSFER FROM GMS CONTRACT #461 MAJOR W. & MARIA TAPPAN, TO GMS CONTRACT #1233 KIHN PHAM; TRANSFER FROM GMS CONTRACT #390 ELIZABETH COHILL AND ROBERT HARRY SAGER, TO GMS CONTRACT #1232 QUYEN PHAN; NAME CHANGE OF GMS CONTRACT #700 FROM KEVIN W. & CYNTHIA L. SCHMIDT TO SCHMIDT LIVING TRUST; TRANSFER FROM GMS CONTRACT #588 WILLIAM & SHERRY LAURIDSON, TO GMS CONTRACT #1235 SUNLIGHT INVESTMENTS LLC.

Motion: Gary Herman
Second: Doug Dill
MOTION CARRIED

APPROVE THE REVISION TO WAS CONTRACT #1220 BURNCO COLORADO LLC.

Motion: Gary Herman
Second: Bret Schmidt
MOTION CARRIED

APPROVE THE PERMANENT CONTRACT TRANSFER FROM JOSEPH C. & KATHLEEN M. ELLEDGE (#535) TO JOHN DURHAM (# NEW).

Motion: Everett Kissler
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: Dave Bernhardt
Second: Vern Kammerzell
MOTION CARRIED at 10:12 am

Legal Reports

Brad Grasmick reviewed the resume.

Subdistrict Action:

AUTHORIZE STAFF TO NEGOTIATE THE ACQUISITION OF THE BEAUPREZ PARCEL IN MORGAN COUNTY FOR THE WALKER RECHARGE PROJECT.

Motion: Chad Schafer
Second: Doug Dill
MOTION CARRIED

MOVE TO ACCEPT THE CURRENT VERSION OF THE BUYBACK LETTER AND FORM AND INSTRUCT STAFF TO SEND THAT LETTER OUT TO THE LIST OF MEMBERS.

Motion: Alan Axton
Second: Frank Exkhardt
MOTION CARRIED

MOVE TO APPROVE THE BERNHARDT AGGREGATE MINES WATER LEASE WITH BESTWAY.

Motion: Dave Bernhardt
Second: Vern Kammerzell
MOTION CARRIED

MOVE TO APPROVE THE WINDSOR AGGREGATE MINES WATER LEASE WITH BESTWAY.

Motion: Chad Schafer
Second: Frank Eckhardt
MOTION CARRIED

MOVE TO APPROVE THE LEASE WITH EXTRACTION OIL AND GAS INC WITH THE SUGGESTED CHANGES BY COUNSEL.

Motion: Everett Kissler
Second: Ralph Anders
MOTION CARRIED WITH ALAN AXTON VOTING NAY

MOTION TO PURCHASE 93 WESTERN SHARES, 9 FIDCO SHARES, AND 80 ACRES OF LAND FROM WESTERN EQUIPMENT AND TRUCK SUBJECT TO FINALIZATION OF CONTRACT ACCEPTABLE TO COUNSEL AND STAFF IN THE AMOUNT OF $13,250,000.

Motion: Ralph Anders

Second: Gary Herman

Motion CARRIED

 

MOTION TO PURCHASE 93 WESTERN SHARES, 9 FIDCO SHARES, AND 80 ACRES OF LAND FROM WESTERN EQUIPMENT AND TRUCK SUBJECT TO finalization of contract acceptable to counsel and staff in the amount of $13,250,000.

Motion: Everett Kissler
Second: Dave Bernhardt
MOTION CARRIED

MOVE TO APPROVE THE FIRST AMENDMENT TO THE CMGC CONTRACT FOR THE WALKER RECHARGE PROJECT.

Motion: Gary Herman
Second: Doug Dill
MOTION CARRIED

Staff Action:

MOVE TO APPROVE THE MARDELLE EWING RECHARGE EASEMENT.

Motion: Frank Eckhardt
Second: Chad Schaffer
MOTION CARRIED

MOVE TO APPROVE THE HOKESTRA RIGHT-OF-WAY OPERATIONS

Motion: Gary Herman
Second: Bret Schmidt
MOTION CARRIED

MOVE TO APPROVE THE HOKESTRA AGREEMENT FOR CONSTRUCTION.

Motion: Vern Kammerzell
Second: Dave Bernhardt
MOTION CARRIED

Presidents Report

President Knutson thanked the staff and board for the Walker Bus Tour.

Subdistrict Report:

Billy Mihelich provided the board with updates on the temperature and precipitation outlooks, as well as the district’s current operational reports.

APPROVE THE IGA BETWEEN CENTRAL AND WIGGINS
Motion: Dave Bernhardt
Second: Ralph Anders
MOTION CARRIED

RECOMMEND TO STAFF TO WORK WITH WIGGINS FOR A CWCB WATER PLAN GRANT APPLICATION.

Motion: Everett Kissler
Second: Vern Kammerzell
MOTION CARRIED

District Report:

MOVE TO AUTHORIZE RANDY RAY AND GARY HERMAN TO TRAVEL DECEMBER 8-12 TO WASHINGTON DC TO REPRESENT CENTRAL ON THE CHATFIELD REALLOCATION PROJECT.

Motion: Everett Kissler
Second: Frank Eckhardt
MOTION CARRIED

Secretaries Report:

Randy Ray gave a recap of the Walker bus tour, and reminded the board about the upcoming Northern Water Fall Symposium, the Ag Water Summit, Winter GMDA, and Colorado Water Congress. The board calendar was reviewed.

Unscheduled Business

There was none.

New Business

There was none.

The regular meeting was adjourned at 3:12 PM.

Respectfully submitted,

Danyelle McCannon,
Financial Analyst