MINUTES OF THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT
November 19, 2024
The regular monthly meeting of the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District was held on Tuesday, November 19, 2024, 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; Frank Eckhardt, At Large; Dave Bernhardt; Doug Dill; Calven Goza; Gary Herman; Dan Kammerzell; Everett Kissler; Randy Knutson; John Mark; Alan Mazzotti and Don Rosenbrock. Bret Schmidt and Steve Bruntz were absent.
Others present were Randy Ray, Executive Director; Billy Mihelich, District Engineer; Evan McCurnin, Water Resources Analyst; Danyelle Hart, Financial Analyst and Lynn Kramer, Contracts Manager. Special guests were Brad Grasmick of Lawrence Custer Grasmick Jones & Donovan and Brian Rosenbrock. Ed Armbruster of White Sands Water Engineers attended by video conference.
ACCEPT INTO THE RECORD THE CONSENT CALENDAR, FINANCIALS, AND MINUTES OF OCTOBER 2024 AS PRESENTED.
MOTION: EVERETT KISSLER
SECOND: DAVE BERNHARDT
MOTION CARRIED
Public Discussion
RECESS THE MEETING AND OPEN A PUBLIC HEARING TO ACCEPT COMMENTS ON THE PROPOSED 2025 BUDGETS.
MOTION: DAVE BERNHARDT
SECOND: FRANK ECKHARDT
MOTION CARRIED AT 10:01 A.M.
There was no public present to comment.
CLOSE THE PUBLIC HEARING FOR THE 2025 BUDGETS AND RECONVENE THE GENERAL MEETING.
MOTION: CHAD SCHAFER
SECOND: ALAN MAZZOTTI
MOTION CARRIED AT 10:02 A.M.
Denise Bradshaw, Emergency Management Coordinator with the Weld County Office of Emergency Management addressed the board regarding the Multi-Jurisdictional Hazard Mitigation Plan.
Eric Wernsman and Derek Glosson on behalf of Riverside Land Development attended regarding the Westmoor Lake site.
Action Items
Lynn Kramer presented a Petition for Water Allotment Contract needing board approval.
MOVE TO APPROVE THE NAME CHANGE ON GMS IRRIGATION WATER ALLOTMENT CONTRACT #329 FROM BINDER FAMILY FARMS LLC TO THOMAS D. BINDER.
MOTION: DAVE BERNHARDT
SECOND: DOUG DILL
MOTION CARRIED
Lynn Kramer reviewed the Water Allotment Contracts that are delinquent in paying the 2024 annual assessment.
MOVE TO TERMINATE GMS IRRIGATION WATER ALLOTMENT CONTRACTS #1326 AND #1327 BOTH WITH BELTLINE BELTWAY INVESTMENTS LTD FOR FAILURE TO PAY THE 2024 ANNUAL ASSESSMENT AND DELETE THE WELLS FROM THE GMS DECREE.
MOTION: CHAD SCHAFER
SECOND: ALAN MAZZOTTI
MOTION CARRIED
MOVE TO TERMINATE GMS IRRIGATION WATER ALLOTMENT CONTRACTS #1129 AND #1130 BOTH WITH WALTON COLORADO LLC FOR FAILURE TO PAY THE 2024 ANNUAL ASSESSMENT AND DELETE THE WELLS FROM THE GMS DECREE.
MOTION: DAVE BERNHARDT
SECOND: DOUG DILL
MOTION CARRIED
MOVE TO TERMINATE GMS IRRIGATION WATER ALLOTMENT CONTRACT #301 ANDY R. BIHAIN FOR FAILURE TO PAY THE 2024 ANNUAL ASSESSMENT AND REMOVE THE WELL FROM THE GMS DECREE.
MOTION: ALAN MAZZOTTI
SECOND: CHAD SCHAFER
MOTION CARRIED
MOVE TO TERMINATE GMS IRRIGATION WATER ALLOTMENT CONTRACT #316 BRIGHTON INDUSTRIAL NORTH LLP DUE TO THE NEW LAND OWNER FAILING TO ENTER INTO A CONTRACT AND FAILURE TO PAY THE 2024 ANNUAL ASSESSMENT.
MOTION: ALAN MAZZOTTI
SECOND: JOHN MARK
MOTION CARRIED
Lynn presented Petitions to Transfer Water Allotment Contracts.
MOVE TO APPROVE THE PERMANENT TRANSFER OF 20.0 ACRE FEET OF CONSUMPTIVE USE FROM GMS IRRIGATION WATER ALLOTMENT CONTRACT #1053 MARTIN MARIETTA MATERIALS INC TO GMS IRRIGATION WATER ALLOTMENT CONTRACT #1338 PIONEER LAND COMPANY LLC.
MOTION: CHAD SCHAFER
SECOND: ALAN MAZZOTTI
MOTION CARRIED
MOVE TO APPROVE THE PERMANENT TRANSFER OF 32.8 ACRE FEET OF CONSUMPTIVE USE FROM GMS IRRIGATION WATER ALLOTMENT CONTRACT #1053 MARTIN MARIETTA MATERIALS INC TO GMS IRRIGATION WATER ALLOTMENT CONTRACT #1268 RITCHEY LAND COMPANY LLC.
MOTION: EVERETT KISSLER
SECOND: RANDY KNUTSON
MOTION CARRIED
MOVE TO APPROVE THE PERMANENT TRANSFER OF 10.0 ACRE FEET OF CONSUMPTIVE USE FROM GMS IRRIGATION WATER ALLOTMENT CONTRACT #1053 AND 10.0 ACRE FEET OF CONSUMPTIVE USE FROM GMS IRRIGATION WATER ALLOTMENT CONTRACT #1165 BOTH WITH MARTIN MARIETTA MATERIALS INC TO GMS IRRIGATION WATER ALLOTMENT CONTRACT #1252 RICHARD & SHAN CRAVEN, RILEY CRAVEN AND RORY CRAVEN.
MOTION: CHAD SCHAFER
SECOND: JOHN MARK
MOTION CARRIED
MOVE TO DENY THE PERMANENT TRANSFER OF 147.0 ACRE FEET OF CONSUMPTIVE USE FROM GMS IRRIGATION WATER ALLOTMENT CONTRACT #1165 MARTIN MARIETTA MATERIALS INC TO GMS IRRIGATION WATER ALLOTMENT CONTRACT #1234 CAW EQUITIES LLC.
MOTION: EVERETT KISSLER
SECOND: DAVE BERNHARDT
MOTION CARRIED
Lynn presented preliminary pumping data for the 2024 irrigation season.
Legal Action Items
Brad Grasmick began by addressing a previous question regarding post pumping depletions on deleted contracts.
Brad reviewed the October 2024 Resume and had three recommendations.
MOVE TO FILE A STATEMENT OF OPPOSITION IN CASE NO. 24CW3140 CENTENNIAL WATER AND SANITATION DISTRICT
MOTION: GARY HERMAN
SECOND: DOUG DILL
MOTION CARRIED
MOVE TO FILE A STATEMENT OF OPPOSITION IN CASE NO. 24CW3142 WESTERN EQUIPMENT AND TRUCK.
MOTION: RANDY KNUTSON
SECOND: DAVE BERNHARDT
MOTION CARRIED
MOVE TO FILE A STATEMENT OF OPPOSITION IN CASE NO. 24CW3147 PUBLIC SERVICE COMPANY.
MOTION: JOHN MARK
SECOND: DON ROSENBROCK
MOTION CARRIED
Legal/Legislative Reports
Brad Grasmick gave a Water Court update including ACCWA’s FIDCO shares case, the Western Mutual Ditch change case and the change of Chatfield storage.
Brad discussed the Westmoor site request. Discussion followed.
Brad made a recommendation to not change the Permanent Transfer Policy but instead draft a memo with guidelines.
District Action
MOVE TO ADJOURN THE OPEN MEETING AND GO INTO EXECUTIVE SESSION FOR A PERSONNEL DISCUSSION ON EMPLOYEE SALARIES UNDER SECTION 24-6-402(2)(F) C.R.S.
MOTION: EVERETT KISSLER
SECOND: FRANK ECKHARDT
MOTION CARRIED AT 12:40 P.M.
MOVE TO ADJOURN THE EXECUTIVE SESSION AND RETURN TO THE OPEN MEETING.
MOTION: DAVE BERNHARDT
SECOND: DON ROSENBROCK
MOTION CARRIED AT 1:06 A.M.
MOVE TO APPROVE AN INCREASE OF $68,829 IN THE 2025 EMPLOYEE SALARIES.
MOTION: DAVE BERNHARDT
SECOND: DON ROSENBROCK
MOTION CARRIED
MOVE TO APPROVE THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT 2025 BUDGET.
MOTION: DAVE BERNHARDT
SECOND: CHAD SCHAFER
MOTION CARRIED
GRANT AUTHORITY TO PRESIDENT RALPH ANDERS AND EXECUTIVE DIRECTOR RANDY RAY TO SIGN THE CERTIFICATION OF THE MIL LEVIES FOR CCWCD, GMS AND WAS IN WELD, ADAMS AND MORGAN COUNTIES.
MOTION: EVERETT KISSLER
SECOND: DAVE BERNHARDT
MOTION CARRIED
GRANT AUTHORITY TO PRESIDENT RALPH ANDERS AND EXECUTIVE DIRECTOR RANDY RAY TO AMEND THE 2025 BUDGETS AND TRANSFER FUNDS IF NECESSARY.
MOTION: GARY HERMAN
SECOND: DAVE BERNHARDT
MOTION CARRIED
Randy presented a pipeline Easement and recharge Easement with Connor Meining.
MOVE TO APPROVE THE PIPELINE EASEMENT AND RIGHT OF WAY AGREEMENT WITH CONNOR MEINING.
MOTION: CHAD SCHAFER
SECOND: EVERETT KISSLER
MOTION CARRIED
MOVE TO APPROVE THE RECHARGE POND EASEMENT AGREEMENT WITH CONNOR MEINING.
MOTION: JOHN MARK
SECOND: ALAN MAZZOTTI
MOTION CARRIED
Randy presented an Easement with Gayle Meining.
MOVE TO APPROVE THE EASEMENT AND RIGHT OF WAY AGREEMENT WITH GAYLE MEINING.
MOTION: FRANK ECKHARDT
SECOND: DAN KAMMERZELL
MOTION CARRIED
Randy presented the Hunt Water LLC Operating Agreement and the Agreement for Cooperative Construction and Use of Water Infrastructure.
Billy presented the Right to Use and Capacity Agreement and an Easement Agreement with Select Water Solutions
MOVE TO APPROVE THE RIGHT TO USE AND CAPACITY AGREEMENT WITH SELECT WATER SOLUTIONS AND THE EASEMENT AND RIGHT OF WAY AGREEMENT WITH SELECT WATER SOLUTIONS WITH CHANGES AS DISCUSSED.
MOTION: GARY HERMAN
SECOND: JOHN MARK
MOTION CARRIED
Billy presented the Empire Dairy Augmentation Water Credit Agreement and Easement Agreement with Empire Diary.
MOVE TO APPROVE THE AUGMENTATION WATER CREDIT AGREEMENT AND EASEMENT AGREEMENT WITH EMPIRE DAIRY LLC AND EMPIRE LAND CO LLC.
MOTION: CHAD SCHAFER
SECOND: DOUG DILL
MOTION CARRIED
Randy presented the Five Rivers FIDCO check and turnout structure proposal.
MOVE TO ACCEPT THE PROPOSAL FROM L.E.C. CONSTRUCTION FOR THE FIVE RIVERS RECHARGE STRUCTURE.
MOTION: EVERETT KISSLER
SECOND: ALAN MAZZOTTI
MOTION CARRIED
The board discussed options at the potential Western Truck & Equipment Recharge site. The committees will take up the discussion at the January meetings.
Randy presented the Farmers Independent Ditch and the Western Mutual Ditch excess capacity proposals to amend the existing Carriage Agreements.
Randy presented a Statement of Intent to participate in a Multi-Jurisdictional Hazard Mitigation Plan.
MOVE TO SIGN THE STATEMENT OF INTENT TO PARTICIPATE IN THE MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN.
MOTION: CHAD SCHAFER
SECOND: JOHN MARK
MOTION CARRIED
MOVE TO APPROVE THE RESOLUTION REGARDING THE RETIREMENT OF VERN KAMMERZELL.
MOTION: CHAD SCHAFER
SECOND: FRANK ECKHARDT
MOTION CARRIED
Subdistrict Action
Randy presented a Right of Way Grant for a pipeline easement with PDC Energy Inc. at the Rural Land Recharge site.
MOVE TO APPROVE THE RIGHT OF WAY GRANT FOR A PIPELINE EASEMENT WITH PDC ENERGY INC WITH REVISIONS.
MOTION: DAVE BERNHARDT
SECOND: DOUG DILL
MOTION CARRIED
Billy presented two proposals for senior water right purchases.
Randy presented a proposal for trading a Water Allotment Contract for Latham Shares. Discussion followed.
Randy presented the Platteville Irrigating and Milling Company Services Agreement.
MOVE TO APPROVE THE PLATTEVILLE IRRIGATION AND MILLING COMPANY SERIVICES AGREEMENT.
MOTION: CHAD SCHAFER
SECOND: RANDY KNUTSON
MOTION CARRIED WITH GARY HERMAN ABSTAINING
Staff Action
Randy presented two truck appraisal offers.
MOVE TO SELL THE 2017 FORD F150 AND THE 2017 FORD F250 PICK UPS TO CARMAX.
MOTION: DAVE BERNHARDT
SECOND: DON ROSENBROCK
MOTION CARRIED
Presidents Report
There was no Presidents Report.
Education Report
There was no Education Report.
Water Quality Report
There was no Water Quality Report.
Subdistrict Report
Billy Mihelich provided the operational reports and precipitation outlook.
District Report
There was no District Report.
Secretaries Report
Secretary Ray reviewed the December calendar.
New Business
There was none.
MOVE TO ADJOURN.
MOTION: DAVE BERNHARDT
SECOND: EVERETT KISSLER
MOTION CARRIED
The regular meeting was adjourned at 3:02 P.M.