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June 2011 Minutes

Sterling, Colorado, June 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., June 8th, 2011.

Directors David Hernandez, David Breidenbach, James Aranci,  and Secretary James Yahn 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 9th, 2011 were approved as received.

Expense for the month of May was allowed in the total amount of $35,739.63 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 Yahn distributed an update of the legal activity from the attorney.  Mr. Yahn stated that a new water court resume was not available and there was no legislative news.

Secretary Yahn informed the board that two requests had been made for including a well(s) in our augmentation plan.  Steve Kaiser stated that he had found a well while trenching on the land he recently purchased from the Harry Wickman estate.  His desire is to attempt to use the well if the casing is still good, the well produces a sufficient amount of water, and he can find an augmentation plan for the well.  Mr. Kaiser has requested the board consider adding this well to the North Sterling augmentation plan.  A similar request was made by Allen Mitchek to add to the North Sterling augmentation plan two existing feedlot wells that he thought were being covered by the Logan Well Users plan and a new feedlot office well.  It was moved by Director Aranci and seconded by Director Breidenbach to deny Mr. Kaiser’s request and approve Mr. Mitchek’s request at Mr. Mitchek’s expense.  After some discussion the motion was approved, all directors voting aye. Mr. Mitchek’s request was approved due to the feedlot and its wells already existing and functioning and the immediate need for water to keep it operational.  Mr. Kaiser’s was denied due the well not being a functioning well.

This being the meeting advertised for the hearing upon certain petitions for EXCLUSION AND INCLUSION OF LAND, action was taken by the Board of Directors of the North Sterling Irrigation District as follows:

Upon petition of V.E. (Skip) and Elaine Dee Tribelhorn for the EXCLUSION of land and the petition of West Padroni Land Company, LLC for the INCLUSION of land, said petitions being attached to the minutes of the Board Meeting held May 9, 2011, having been legally advertised and there having been no objections filed with the 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 36.65 acres under the North Sterling Irrigation District be now EXCLUDED from said District;

36.00 acres in the Southeast Quarter (SE ¼) of the Northwest Quarter (NW ¼) and a 0.65 acre parcel of land north of Cedar Creek in the Northeast Quarter (NE ¼) of the Southwest Quarter (SW ¼) all in Section Eighteen (18), Township Nine (9) North, Range Fifty Two (52) West of the Sixth (6th) P.M., Logan County, Colorado for a total of 36.65 acres within the District.

And in lieu thereof, the INCLUSION of the following land be

increased from 62.55 acres to 99.20 acres within North Sterling Irrigation District:

The Northwest Quarter of

the Northwest Quarter (NW ¼ NW ¼)- – – – – – – – 35.00 acres

The Southwest Quarter of

the Northwest Quarter (SW ¼ NW ¼)- – – – – – – – 36.20 acres

in Section Eighteen (18), and

The Northeast Quarter of

the Northwest Quarter (NE ¼ NW ¼)- – – – – – – – 28.00 acres

in Section Eight (8), all in

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

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

Logan County, Colorado, and;

Upon petition of Stephen J. and Marcella P. Breidenbach for the EXCLUSION and INCLUSION of land, said petition being attached to the minutes of the Board Meeting held May 9, 2011, having been legally advertised and there having been no objections filed with the Board, it was moved by Director Aranci, seconded by Director Hernandez, and duly carried, all voting aye with Director Breidenbach abstaining, that the following described land in Logan County, Colorado, containing 27.90 acres under the North Sterling Irrigation District be now EXCLUDED from said District;

8.82 acres in the Southwest Quarter (SW¼) of the Southeast Quarter (SE¼) and 11.18 acres in the Southeast Quarter (SE ¼) of the Southeast Quarter (SE ¼) both in Section Thirty One (31) and 7.90 acres in Southwest corner of the Southwest Quarter (SW ¼) of the Southwest Quarter (SW ¼) in Section Thirty (30) Township Ten (10) North, Range Fifty One (51) West of the Sixth (6th) P.M., in the  Logan County, Colorado, containing 27.90 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 Southwest

Quarter (NW¼ SW¼)- – – – – – – – – – – – – – – – 27.90 acres

all in Section Five (5), Township

Nine (9) North, Range Fifty One (51)

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 the date of June 8th, 2011.

Secretary Yahn reported that currently the reservoir is at a gauge height of 87.10, which is a storage of 72,868 acre feet, 197 cfs is being released to the outlet canal for direct flow irrigation to satisfy 145 cfs of orders, and 495 cfs is currently being diverted in the inlet canal for direct flow and recharge.

With no further business to come before the Board, the meeting was adjourned at 2:05 p.m.

Respectfully Submitted,

James T. Yahn, Secretary

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