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April 2011 Minutes

Sterling, Colorado, April 8, 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., April 8th, 2011.

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

The group immediately left for lunch at the River City Grill and arrived back at the District’s Office at 1:15 p.m.  Over lunch Secretary Yahn updated the board on recent legislation and yesterday’s dam inspection.  Mr. Yahn stated that the dam inspection went well.

Minutes of Board meeting held March 9, 2011 and special meeting held March 29, 2011 were approved as received.

Expense for the month of March was allowed in the total amount of $35,829.59 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.

Secretary Yahn brought before the board the matter of United Water and Sanitation District’s water court filing which is scheduled for trial on Monday.  The proposed decree and an email from our attorney were discussed.  After some discussion it was the desire of the board to call our attorney to ask some questions.  Mr. Yahn called Ronni Sperling and left a message to call back.

Secretary Yahn stated that he had reviewed the February water court resume.  He stated that the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District had applied for a change of use of Greeley Irrigation Company and Fossil Creek Reservoir shares.  It was the consensus of the board to have Mr. Yahn contact the Greeley Irrigation Company and Fossil Creek Reservoir management to determine how much water is being changed and discuss other details pertinent to the water rights.

Secretary Yahn relayed to the Board that East Cheyenne Gas Storage LLC is once again interested in leasing some recharge water as spelled out in our agreement and purchasing some water for hydrostatic testing of a pipeline.

The secretary and board discussed a proposal from Lower South Platte Water Conservancy District to have the North Sterling purchase a group of three office buildings and enter into a lease purchase agreement with them to allow them to by one or two of the buildings from the North Sterling.  The North Sterling would keep one of the buildings for their own office.  The reason for this request is because North Sterling has reserve money gaining very low interest and Lower South Platte is unable to enter into a long term loan due to TABOR.  After some discussion it was the consensus of the board to keep our money liquid in the event of an unforeseen need.  Therefore is was the desire of the board not to pursue the deal.

It was moved by Director Breidenbach and seconded by Director Aranci to once again give Secretary Yahn the authority to handle the District’s motor vehicle registrations.  Upon being put a vote the motion passed.  President Hernandez signed the authorization.

Mr. Yahn informed the directors that the storage in the reservoir is 74,300 acre-feet and currently 69 cfs is being diverted for recharge.

At 2:10 p.m. our attorney, Ronni Sperling, called to discuss the United case.  The board and secretary asked several questions which pertained to the timing and monitoring of the proposed recharge ponds, some of the details of their proposed operation, and the definition of retained jurisdiction.  Ms. Sperling answered the questions to the board’s satisfaction.  It was then moved by Director Breidenbach and seconded by Director Aranci to authorize Ms. Sperling to stipulate to the proposed decree once she is satisfied with the language and exhibits.  Upon being put to a vote the motion passed.

With no further business to come before the Board the meeting was adjourned at 2:30 P.M.

Respectfully Submitted,

James T. Yahn, Secretary

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