MINUTES OF THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT
November 28, 2023

The regular monthly meeting of the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District was held on Tuesday, November 28, 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; Dave Bernhardt; Steve Bruntz; Frank Eckhardt; Dan Kammerzell; Vern Kammerzell; Everett Kissler; Randy Knutson and Alan Mazzotti. Alan Axton, Doug Dill, Gary Herman and Don Rosenbrock attended by video conference.

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 Ed Armbruster of White Sands Water Engineers attended by video conference.

ACCEPT INTO THE RECORD THE CONSENT CALENDAR, FINANCIALS, AND MINUTES OF OCTOBER 2023 AS PRESENTED.
MOTION: DAVE BERNHARDT
SECOND: BRET SCHMIDT
MOTION CARRIED

Public Discussion

RECESS THE MEETING AND OPEN A PUBLIC HEARING TO ACCEPT COMMENTS ON THE PROPOSED 2024 BUDGETS.
MOTION: RANDY KNUTSON
SECOND: BRET SCHMIDT
MOTION CARRIED AT 10:01 A.M.

There was no public present to comment.

CLOSE THE PUBLIC HEARING FOR THE 2024 BUDGETS AND RECONVENE THE GENERAL MEETING.
MOTION: EVERETT KISSLER
SECOND: FRANK ECKHARDT
MOTION CARRIED AT 10:02 A.M.

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 #528 DITTMER FARMS LLC.
MOTION: DAVE BERNHARDT
SECOND: CHAD SCHAFER
MOTION CARRIED

MOVE TO APPROVE THE NAME CHANGE ON GMS CLASS D NON-IRRIGATION WATER ALLOTMENT CONTRACT #1236 DITTMER FARMS LLC.
MOTION: EVERETT KISSLER
SECOND: CHAD SCHAFER
MOTION CARRIED

MOVE TO APPROVE THE TRANSFER OF GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT #1318 WINDY HILLS RANCH LLC TO GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT #1338 PIONEER LAND COMPANY LLC.
MOTION: CHAD SCHAFER
SECOND: DAVE BERNHARDT
MOTION CARRIED

MOVE TO TERMINATE GMS CLASS D IRRIGATION WATER ALLOTMENT CONTRACT #353 JOHN DAVIS AND DELETE THE WELLS FROM THE AUGMENTATION PLAN.
MOTION: EVERETT KISSLER
SECOND: BRET SCHMIDT
MOTION CARRIED

Legal Action Items

There were none.

Legal Reports

Brad Grasmick reviewed the September and October resumes, he is recommending opposition in one case.

MOVE TO FILE A STATEMENT OF OPPOSITION IN CASE NO. 2023CW3125.
MOTION: DAVE BERNHARDT
SECOND: FRANK ECKHARDT
MOTION CARRIED

Brad gave a Water Court update including changed shares in the Fort Morgan Ditch and a meeting regarding the Beeline Ditch board. Discussion followed.

MOVE TO FILE A DECLARATORY JUDGEMENT REGARDING THE BEELINE DITCH AND BIG THOMPSON PLATTE RIVER DITCH COMPANY BYLAWS.
MOTION: RANDY KNUTSON
SECOND: BRET SCHMIDT
MOTION CARRIED

I 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: VERN KAMMERZELL
SECOND: DAVE BERNHARDT
MOTION CARRIED AT 10:40 A.M.

MOVE TO ADJOURN THE EXECUTIVE SESSION AND RETURN TO THE OPEN MEETING.
MOTION: DAVE BERNHARDT
SECOND: DOUG DILL
MOTION CARRIED AT 11:09 A.M.

MOVE TO APPROVE AN INCREASE OF $83,500 IN THE 2024 EMPLOYEE SALARIES.
MOTION: DAVE BERNHARDT
SECOND: BRET SCHMIDT
MOTION CARRIED
MOVE TO APPROVE THE 2024 GMS BUDGET.
MOTION: FRANK ECKHARDT
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: FRANK ECKHARDT
SECOND: DAVE BERNHARDT
MOTION CARRIED

GRANT AUTHORITY TO PRESIDENT RALPH ANDERS AND EXECUTIVE DIRECTOR RANDY RAY TO AMEND THE 2023 BUDGETS AND TRANSFER FUNDS IF NECESSARY.
MOTION: DAVE BERNHARDT
SECOND: BRET SCHMIDT
MOTION CARRIED

Subdistrict Action

MOVE TO APPROVE THE WATER LEASE AGREEMENT BETWEEN GMS AND BURNCO COLORADO LLC.
MOTION: CHAD SCHAFER
SECOND: BRET SCHMIDT
MOTION CARRIED

Billy reviewed the Empire Land Company Easement Agreement and the Augmentation Water Credit Agreement. The board gave a recommendation for Billy to discuss with Norm Dinis.

The City of Aurora sent a letter expressing their interest in purchasing a 0.1 share of Brighton Ditch owned by CCWCD and GMS. Discussion followed.

Randy discussed the Bernhardt and Shores flood repairs. AB Underground submitted a bid to repair the slurry walls.

MOVE TO ACCEPT THE BID FROM AB UNDERGROUND TO PERFORM FLOOD REPAIRS AT BERNHARDT AND SHORES RESERVOIRS.
MOTION: CHAD SCHAFER
SECOND: FRANK ECKHARDT
MOTION CARRIED

Staff Action

There was none.

Presidents Report

There was none.

Subdistrict Report

Billy Mihelich provided the operational reports.

Secretaries Report

Secretary Ray’s report included construction photos of work being done at the Wiggins recharge pond, Pioneer Reservoir and Bernhardt Reservoir, the bill regarding tax breaks and an article featuring Alan Mazzotti.

He then reviewed the CCWCD calendar and notified the board that the January 2024 committee meetings were cancelled.

New Business

There was none.

MOVE TO ADJOURN.
MOTION: EVERETT KISSLER
SECOND: DAVE BERNHARDT
MOTION CARRIED

The regular meeting was adjourned at 1:50 P.M.