MINUTES OF THE
GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE
CENTRAL COLORADO WATER CONSERVANCY DISTRICT
September 17, 2019

The regular meeting of the Groundwater Management Subdistrict Board of the Central Colorado Water Conservancy District was held on Tuesday, September 17, 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 10:09 AM, and the following Directors were present: Randy Knutson, President; Chad Schafer, Vice President; Bret Schmidt; Treasurer; Vern Kammerzell; Everett Kissler; Jim Reasoner; Steve Bruntz; Dave Bernhardt; Alan Axton; Gary Herman; Tom Brown; Ralph Anders; and Don Rosenbrock. Doug Dill and Frank Eckhardt were absent.

Others present were: Randy Ray, Executive Director; Danyelle McCannon, Financial Analyst; Lynn Kramer, Contracts Manager; Ruthanne Schaffer, Senior Water Accountant; Courtney Sandoval, Operations Assistant; Ed Armbruster of White Sands Water Engineers; and Brad Grasmick of Lawrence, Jones, Custer and Grasmick. Special guests were Alex Davis from the City of Aurora, Kevin Rein State Engineer and Corey DeAngelis from the Division 1 Water Resources, and Sean Cronin from the St. Vrain & Left Hand Water Conservancy District.

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

Motion: Gary Herman
Second: Chad Schafer
MOTION CARRIED

PUBLIC DISCUSSION

Alex Davis from the City of Aurora spoke to the board about the potential to work together with CCWCD when acquiring water rights, rather that directly competing with one another for the purchases. Further discussion between CCWCD and Aurora will take place.

Kevin Rein and Corey DeAngelis spoke to the board and answered question relating to irrigation company turn-back requirements proposed by the State Engineer Office and Division Engineer in water court cases.

Sean Cronin from the St. Vrain & Left Hand Water Conservancy District introduced himself to the board.

MOVE TO APPROVE THE RESOLUTION HONORING KELLY CUSTER.

Motion: Jim Reasoner
Second: Vern Kammerzell
MOTION CARRIED

President Knutson recognized Kelly Custer. Kelly informed the Board of her intent to retire from practicing law. Staff and Board thanked Kelly for her dedication and excellent work over the years.

ADJOURN FOR LUNCH AND RECONVIENE

ACTION ITEMS

APPROVE THE NAME CHANGE TO GMS CONTRACT #1003 FROM RICHARD & MARY FLOS TO MARY ANN FLOS.

Motion: Dave Bernhardt
Second: Gary Herman
MOTION CARRIED

APPROVE THE TRANSFER OF GMS CONTRACT #813 DUARTE FARM LLC TO GMS CONTRACT #1231 JARRED SATER.

Motion: Chad Schafer
Second: Dave Bernhardt
MOTION CARRIED

MOVE TO TERMINATE GMS CONTRACTS #540, #669, AND #979 AND DELETE THE WELLS FROM THE DECREE ACCORDING TO POLICY.

Motion: Vern Kammerzell
Second: Alan Axton
MOTION CARRIED

MOVE TO AMEND THE 2012 GMS CONTRACT POLICY TO ADD THE WORDS TO PARAGRAPH #4 and #7 “delete the well from the decree”, and removal and renumbering required by eliminating paragraph 8.

Motion: Alan Axton
Second: Everett Kissler
MOTION FAILED

Refer the POLICY LANGUAGE ISSUE back to the three committees for discussion for further review.

Motion: Gary Herman
Second: Dave Bernhardt
MOTION CARRIED WITH ALAN AXTON VOTING NAY

Legal Reports

Brad Grasmick reviewed the resume.

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: Gary Herman
Second: Dave Bernhardt
MOTION CARRIED at 1:10 pm

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: Gary Herman
Second: Bret Schmidt
MOTION CARRIED at 1:51 pm

DIRECT COUNSELT TO ENTER INTO A LIMITED STIPULATION WITH APPLICANTS IN CASE # 16CW3200 TO A DECREE WITH NO “TURNBACK TERM” AND PRESERVING THE RIGHT TO PARTICIPATE IN TRIAL, POST TRIAL BREIFING, AND APPEAL ON A LIMITED BASIS ON THAT ISSUE.

Motion: Ralph Anders
Second: Steve Bruntz
MOTION CARRIED

Subdistrict Action:

MOVE THAT THE BOARD SUPPORT THE GMS ENTERPRISE EFFORT TO BUY 513 EXCESS SHARES OF CHATFIELD AS PART OF CCWCD’S OVERALL ACQUISITION OF 1,634 SHARES.

Motion: Alan Axton
Second: Ralph Anders
MOTION CARRIED

APPROVE THE PURCHASE OF UP TO 20 10.5 INCH iPAD’s TO BE USED IN BOARD MEETINGS IN PLACE OF PAPER COPIES.

Motion: Ralph Anders
Second: Gary Herman
MOTION CARRIED WITH SIMPLE MAJORITY VOTE

ACCEPT CIVIL RESOURCES’ SCOPE-OF-SERVICES FOR BERNHARDT RESERVOIR.

Motion: Gary Herman
Second: Dave Bernhardt
MOTION CARRIED

Motion to approve the purchase of 1 share of GIC from Vetter by GMS.

Motion: Dave Bernhardt
Second: Alan Axton
MOTION CARRIED

Staff Action:

There was none.

Presidents Report

There was none.

Subdistrict Report:

Randy Ray informed the board that CCWCD was awarded a WaterSMART grant for $75,000 to install telemetry units on wells that are closest to the river and have the quickest impact from pumping.

Billy Mihelich reviewed the current snowpack report, precipitation outlook, and current supplies of the districts.

Secretaries Report:

The board calendar was reviewed.

Unscheduled Business

There was none.

New Business

There was none

The regular meeting was adjourned at 4:16 PM.

Respectfully submitted,

Danyelle McCannon,
Financial Analyst