January 2011 Minutes

Sterling, Colorado, January 7, 2011

MINUTES of a meeting of the Board of Directors of The North Sterling Irrigation District held at their office in Sterling at 12:30 P.M., January 7th, 2011.

Directors David Hernandez, David Breidenbach, James Aranci, Secretary James Yahn, and Leon Rose were present.

The group immediately left for lunch and returned at 1:20 p.m.  At lunch the secretary informed the directors that the new water court resume had not been released and there was no report from our attorney.  Mr. Yahn also discussed a new piece of legislation being proposed by Representative Fischer of Fort Collins concerning the matter of allowing the State Engineer to approve a substitute water supply plan for forty years.  This legislation is being pushed by Peter Nichols, the attorney for the Super Ditch in the Arkansas River Basin.  Mr. Yahn stated that he met with Representative Fischer and informed him that such legislation would not pass in the South Platte Basin and should be limited to the Arkansas Basin.

Minutes of the Board meeting held December 8th, 2010 were approved as received.

Expense for the month of December was allowed in the total amount of $34,281.77 and ordered paid as shown on sheets attached to and made a part of these minutes by due action of the Board, all Directors present voting aye.

With no further business for the year 2010 to be considered by the Directors, the Board as organized for the year 2010 adjourned sine die.

With Mr. David Hernandez, being the newly elected Director and duly qualified to serve as the Director in and for Division No. 2 of the District during the ensuing three year term, the new Board was then duly organized for the year 2011 with David A. Hernandez as President, David Breidenbach as Vice-President, and James Aranci as Director. James Yahn was appointed to serve as Secretary of the Board.

The board reviewed an audit engagement letter from Lauer, Szabo, and Associates.  In the letter the firm proposed to perform an audit of the District’s 2010 accounts at a cost of $2,600.  It was moved by Director Breidenbach and seconded by Director Aranci to allow Lauer, Szabo, and Associates perform the District’s audit.  Upon being put to a vote the motion passed.

Upon petition of John E. and Glenda J. Schemenaur for the EXCLUSION of land and petition of Ryan Koester for INCLUSION of land, said petitions being attached to the minutes of the Board meeting held December 8, 2010, having been legally advertised and there having been no objections filed with Board, it was moved by Director Aranci, seconded by Director Breidenbach, and duly carried, all voting aye, that the following described land in Logan County, Colorado, containing 6.52 acres under the North Sterling Irrigation District be now EXCLUDED from said District;

A 5.57 acre parcel of land on the north side of the Northeast Quarter (NE ¼) in the Northeast Quarter (NE ¼) and 0.95 acre parcel of land in the northeast corner of the Northwest Quarter (NW ¼) of the Northeast Quarter (NE ¼) all in Section Nine (9), Township Nine (9) North, Range Fifty Two (52) West of the Sixth (6th) P.M., Logan County, Colorado for a total of 6.52 acres within the District.

And in lieu thereof, the following described land in Logan County, Colorado be now INCLUDED in the North Sterling Irrigation District as follows:

The Northwest Quarter of

the Northwest Quarter (NW ¼ NW ¼)- – – – – – – – 6.52 acres

in Section Twenty One (21), Township

Nine (9) North, Range Fifty Two (52)

West of the Sixth (6th) P.M., in

Logan County, Colorado.

The President and Secretary of the Board were authorized and directed to place the proper certificates of exclusion and inclusion on record in the office of the County Clerk and Recorder one month from date of January 7th, 2011.

Secretary Yahn brought before the board the matter of altering Director Aranci’s recharge pond contract.  Mr. Yahn stated that in the current contract Mr. Aranci is given 50% of all recharge credits that result from diverting water into the pond and then the District purchases these credits.  This type of arrangement makes it difficult to offset his well pumping with his recharge pond.  Secretary Yahn said he would propose a new contract in which the district pays Mr. Aranci’s for 50% of any water that is diverted into the pond at a rate equal to the charge for pumping district wells.  The District then would have control over all the credits and Mr. Aranci’s pumping charge could be offset with recharge each year.  After some discussion it was moved by Director Breidenbach and seconded by Director Hernandez that a new contract be created in the manner previously stated.  Upon being put to a vote the motion passed, with Director Aranci abstaining.

A discussion of the voting of limited liability partnerships in District elections was brought before the board.  Secretary Yahn stated that LLPs have always been given one vote just like corporations, but did not know if that was correct since the Irrigation District Law does not specifically mention partnerships.  Secretary also looked at the Irrigation District law of 1905 and 1921 which allows irrigation districts to vote on an acreage basis, however it appears that the maximum number of votes is 80 acres.  Secretary Yahn stated that he would continue to research this matter along with mail-in balloting.

Secretary Yahn brought the matter of having a quick attach coupler constructed for the Cat 446 loader backhoe so the pallet forks could be used with the loader.  Mr. Yahn stated that Mr. Rose received a written bid for $3,008.93 from Luft Machine and a verbal bid from Weiss Manufacturing for between $4,800 and 5,200. After some discussion it was moved by Director Aranci and seconded by Director Breidenbach to have Luft Machine build the quick attach.  Upon being put to a vote the motion passed.

Secretary Yahn informed the board that a request was made to the Historic Society to designate all irrigation systems and their associated structures as Nationally Historic.  Currently there is a hearing in Denver on February 2 to consider this matter, however it appears this may be postponed.  Mr. Yahn stated that this could have detrimental effects when trying to reconstruct any irrigation structures.  Mr. Yahn stated that he would monitor this matter.

Mr. Yahn requested that he be allowed to attend the annual Colorado Water Congress Convention in Denver on January 26 through the 28.  It was the consensus of the board to allow Mr. Yahn to attend.

The matter of a landowner’s and tenant’s annual meeting was discussed.  After some discussion it was the consensus of the board to have the meeting in month of February this year to avoid the conflict with field work.  Mr. Yahn stated he would set up a meeting.

Secretary Yahn stated that current storage in the reservoir is 56,480 acre feet (76%) and that currently the flow in the inlet is approximately 400 cfs, with 208 cfs reaching the reservoir.

Secretary Yahn presented the board with a graph representing the water which had flowed out through the tail end of the ditch. Mr. Yahn stated that approximately 3,067 acre feet had flowed out, with the larger amounts happening during the time when the ditch is first turned on and during rainfall events.  Much of the time the flow was 10 cfs or less.  Mr. Yahn stated that this would be monitored again this coming season to determine the value of having a small reservoir near the end of the ditch to alleviate these losses.

Mr. Yahn requested that February’s meeting be held on February 9 since he has a South Platte Roundtable meeting in Longmont on February 8.  It was the consensus of the board to change meeting date.

With no further business to come before the Board the meeting was adjourned at 3:00 P.M.

Respectfully Submitted,

James T. Yahn, Secretary

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