Sterling, Colorado, June 8, 2009
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., June 8th, 2009.
Directors David Hernandez, David Breidenbach, James Aranci, Secretary James Yahn, and Leon Rose were present.
Those present immediately left the District’s office for lunch and arrived back at the office at 1:30 P.M.
Minutes of the Board meeting held May 8th, 2008 were approved as received.
Expense for the month of May was allowed in the total amount of $31,176.11 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.
The Secretary and Directors discussed the legal update provided by our attorney Ronni Sperling. The Milliken case and the Weldon Valley case were the focus of most of the discussion. It was the consensus of the Board on the Milliken case to file an expert disclosure stating that the North Sterling may call experts identified by others. On the Weldon Valley case it was the consensus of the board for Secretary Yahn look over the Weldon Valley’s expert report and respond. Secretary Yahn informed the directors that the Governor had named three finalists for the judgeship in the 19th Judicial District in Greeley. One of the finalists was Paul Andrew Jones, attorney for the Central Colorado Water Conservancy District. It was the consensus of the board to have Mr. Yahn write a letter to the Governor expressing our concern since Mr. Jones, if appointed, could eventually become water judge. It was felt that if Mr. Jones were water judge, it would be difficult to get a fair trial given his past in the water business. In other legal matters, there was not an updated resume so no action was taken.
Secretary Yahn updated the board on the progress of the spillway project. Mr. Yahn stated that the loan request from the Colorado Water Conservation Board (CWCB) for $1,094,840 for 20 years at 2.25% interest was approved. As part of the loan approval, the CWCB requested that the district hold an election prior to entering into the loan contract. Mr. Yahn stated that the Irrigation District law requires that an election be held prior to entering into a contract in excess of $400,000. Mr. Yahn suggested that a special election be held on Tuesday June 30th at the District’s office from 9:00 a.m. to 5:00 p.m. It was moved by Director Aranci and seconded by Director Breidenbach to have an election for purpose of entering into a loan contract with the CWCB and a construction contract with the low responsible bidder on June 30th from 9:00 a.m. to 5:00 p.m. Upon being put to a vote the motion passed. Mr. Yahn stated that he would advertise for the election three times prior to the election and notify the judges of election. Mr. Yahn reported that he had spoken with the Division of Wildlife (DOW) concerning the possibility of the presence of any wildlife of concern in the area of construction. The DOW representative stated that he saw nothing that would hamper the construction project. Mr. Yahn stated that he had completed the bid documents and was waiting to hear from the CWCB representative to approve the language prior to advertising.
Secretary Yahn updated the directors on the river dam project. Mr. Yahn stated that Concrete Specialties is ready to begin construction near the first of July. Mr. Yahn stated that there will be $8,900 in additional costs to add a third pier and third gate and associated equipment.
Secretary Yahn informed the directors that the first two tasks of the hydroelectric feasibility study had been completed. Mr. Yahn outlined the findings and stated that the Highline Electric board had voted pay half of the costs to perform tasks 3 & 4 of the study. Mr. Yahn stated that the cost of tasks 3 & 4 is $6,300, therefore the North Sterling’s share would be $3,150. It was moved by Director Breidenbach and seconded by Director Aranci to continue the feasibility study and split the cost with Highline Electric. Upon being put to a vote the motion passed.
Secretary Yahn stated that he had been contacted by Kinder Morgan to have North Sterling consent to an upgrade of a pipeline crossing on our inlet canal by boring beneath the canal and placing a new line in the bore. Mr. Yahn stated that the bore would be a minimum of 20 feet below the bottom of the ditch. Mr. Yahn also stated that a current right of way crossing is in existence and had our attorney, Levi Williamson, look over the current agreement to assess our rights. Mr. Williamson found that Kinder Morgan has the right to upgrade by boring beneath our ditch, however, Mr. Yahn had them write in the consent agreement that they would perform the bore in July or August of this year when there is no water in the ditch. It was moved by Director Aranci and seconded by Director Breidenbach to consent to the pipeline bore and upgrade. Upon being put to a vote the motion passed.
Secretary Yahn brought before the board a request by Jim, Don, and John Korrey and 4-S Land Company, LLP to move the location of there diversion from the outlet canal from Headgate 25 to a new headgate in Section 36, Township 10 North, Range 52 West to facilitate a newly proposed pipeline. It was moved by Director Aranci and seconded by Director Breidenbach to allow the new headgate location provided the new headgate and measuring flume is constructed according to the District’s specifications and under District’s supervision. Upon being put to a vote the motion passed.
Secretary Yahn reported that the reservoir is currently at a gauge height of 88.00, which is a storage of 75,454 acre feet and currently there is approximately 75 cfs being diverted in the inlet canal for recharge.
Director Aranci brought before the board the matter of selling the 80 acres of dry farm land adjacent to the Duncan Pit recharge pond. After some discussion, it was the consensus of the board to list the property with Reck Agri Realty and Auction for $1,200 per acre.
With no further business to come before the Board, the meeting was adjourned at 2:50 p.m.
Respectfully Submitted,
James T. Yahn, Secretary