These written minutes represent the general discussion of the DWCD Board of
Directors, DWCD staff, and participants at the DWCD board meeting, and they
include a record of any and all board actions taken at the meeting. The written
minutes are not intended to provide a word-for-word account of the board
meetings. Nor are they a direct quote of any statements offered at board
meetings. All DWCD board meetings are recorded on audio tape.
DOLORES WATER CONSERVANCY DISTRICT
WATER ACTIVITY ENTERPRISE
________________________________________
MINUTES
Regular Meeting
January 12, 2012
_________________________________________
CALL TO ORDER
Joe Mahaffey, President, called the meeting to order at 7:00 PM
ROLL CALL
Joe Mahaffey, President
Don Schwindt, Vice President
Bruce Smart, Secretary-Treasurer
Don Schwindt, Director
Larry Deremo, Director
Jim Fisher, Director
Simon Martinez, Director
Mike Preston, General Manager
Ken Curtis, Chief of Construction & Engineering
Gina Espeland, Accounting Clerk
Barry Spear, Attorney
Vern Harrell, Bureau of Reclamation
INTRODUCTION OF GUESTS
Leroy Oliver, Full Service Farmer, Don Magnuson, MVIC Manager
APPROVAL OF THE MINUTES
MOTION:
TO APPROVE THE MINUTES AS SUBMITTED FOR THE
DECEMBER 8, 2011 ENTERPRISE MEETING.
MOTION:
JIM FISHER
SECOND:
BRUCE SMART
MOTION CARRIED UNANIMOUSLY
FINANCIAL
STMTS
MOTION:
TO APPROVE THE NOVEMBER ‘11 FINANCIAL STATEMENT AND
APPROVE THE STATEMENT OF PAYABLES AS PRESENTED.
O&M: AP/CHECK #28295-28375 & PR/CHECK #118195 – 118247
$259,555.92
MOTION:
BRUCE SMART
SECOND:
LARRY DEREMO
MOTION CARRIED UNANIMOUSLY
Mike explained the negative numbers on the gold financial sheet. Mike explained that there
is more detail on the next page, the budgeted amount and the outstanding/accounts
receivable. Most of the money is billed in December and it is mostly a timing issue. Some
received will move from outstanding to the received columns. We will end the fiscal year
with a positive net balance.
RECESSED MEETING FOR PETITION HEARING at 7:09 P.M.
RECONVENED MEETING AT 7:21 P.M.
O&M REPORT – Ken reported the following from Bruce’s Report.
Ken stated that we are making what we can out of the good weather, mostly additional field
work by the operators. Crews will be working on mechanical items at plants until spring.
Towaoc Power Plant
Walt Payne contractor and DWCD staff working on digitizing plant drawings. Meeting in
Montrose on Substation maintenance contract with Empire Electric, WAPA and Tri States
Electric. Relay upgrade planning is in progress. Annual Maintenance by DWCD staff is
taking place during off season.
McPhee Power Plant
Walt Payne contractor and DWCD staff working on digitizing plant drawings. Relay upgrade
planning is in progress. Annual maintenance is by DWCD staff is taking place during the off
season.
Fairview Pumping Plant
VSD replacement is in the design and planning stages. We currently have two firms working
on proposals. Plant mechanics gearing up for pump pull.
Field Full Service
Field staff working on delivery box meters. We have two sectionalizing valves to inspect and
repair is necessary. Work has begun on the Hovenweep valve. The other valve is the Dove
Creek Pumping plant south sectionalizing valve.
Dove Creek Canal
Sediment removal where needed is taking place.
South Canal
Sediment removal where needed is taking place. Hydraulic gate operator repair is being
done by mechanics parts on order and machine being done on hydraulic cylinders.
Towaco Highline Canal
The gate coating is completed waiting parts to reinstall.
All pumping plants
Hydro tank inspection completed, some sediment will need to be removed to inspect bottom
of tanks.
Replacement of Variable Speed Drives
The Bureau has worked out through their authorities that this project will come out of the
Bureau as a replacement item and they will award to a contractor through the SLC
Contracting Office. Their best advice was to use our money to design plans and specs
together and submit them by April 1st. The deadline was an attempt to get in front of other
BOR projects to meet our window between irrigation seasons. We solicited two engineers –
Brinderson and Exponential (an electrical firm that will partner with a mechanical firm). Barry
just received example contracts to review. We are looking to pull a pump next week and get
a better cost estimate for this project solicitation. It will go fast and furious to meet April 1.
ENGINEERING AND WATER MANAGEMENT REPORT
Water Accounting/ Inflow/Outflow – Ken stated 1st one is the snow precipitation update
which it is at 52% and not much we can do, but hope for more snow by next months report.
Jan 9th snotel averages and sequences are low. Ken stated that he listened to the first
seasonal forecast webinar, projections currently below normal. There is some inflow to
reservoir, but nothing major. Next item is a new graph of the Dolores River annual inflows
from the beginning in 1896 and all the years recorded. The green line shows the individual
years and the variation that we are used to seeing. The data is from an annual report, called
River End presented last month, but shown in a different view of the same information. The
Bureau in the DPR study made estimates on the Dolores River with 300,000 annually and
one of the Riverend pie charts is pretty steady at 82% of the inflow. The total project record
is going to run an additional 18% more or less for long term. The purple line is the running
average and we are honing in on 300,000 and just building on the average and staying in
line with the DPR. The red line is the decade average and represents the 1920’s or 1930’s
for example. The decade does show a lot of ups and downs and that should not be
surprising. The blue line is the running 10 year average. Drop one off and add one. The
averages are an easy way to show recent trends. Ken went through the McPhee Inflow 30
year averages. The final sheet is an update on M&I use. The 2 yellow highlights on the left
show changes to Cortez use patterns. On the UMUT the highlighted numbers shows that
there may be some leaks and working with DWR on the shared treatment plant losses for
2012. No substantial change in the 5 year average, some slow growth on the M&I totals. Bill
Barret has the largest swings and impact. Energy Fuels is the largest expected change in
the near future.
Other
ADJOURNMENT
Dolores Water Conservancy District Water Activity Enterprise Board
meeting adjourned at 7:45 PM
__________________ __
Bruce Smart, Secretary-Treasurer
_______________________________
Joe L. Mahaffey, President
DOLORES WATER CONSERVANCY DISTRICT
________________________________________
MINUTES
Regular Meeting
January 12, 2012
_________________________________________
CALL TO ORDER
Joe Mahaffey, President, called the meeting to order at 7:45 PM
ROLL CALL
Joe Mahaffey, President
Bruce Smart, Secretary-Treasurer
Don Schwindt, Vice President
Larry Deremo, Director
Jim Fisher, Director
Steve Trudeau, Director
Simon Martinez, Director
Mike Preston, General Manager
Ken Curtis, Chief of Construction & Engineering
Gina Espeland, Accounting Clerk
Barry Spear, Attorney
Vern Harrell, Bureau of Reclamation
GUESTS
Leroy Oliver, Full Service Irrigator, Don Magnuson, MVIC Manager
APPROVAL OF THE MINUTES
MINUTES
MOTION:
TO APPROVE THE MINUTES AS SUBMITTED FOR THE DECEMBER 8,
2011 REGULAR MEETING.
MOTION:
BRUCE SMART
SECOND:
JIM FISHER
MOTION CARRIED UNANIMOUSLY
FINANCIAL STATEMENTS
FISCAL HIGHLIGHTS
MOTION:
TO APPROVE THE NOVEMBER ‘11 FINANCIAL STATEMENTS AND
APPROVE THE STATEMENT OF PAYABLES AS PRESENTED.
ADMIN: AP/CHECK #9905-9925
$187,244.25
MOTION:
JIM FISHER
SECOND:
LARRY DEREMO
MOTION CARRIED UNANIMOUSLY
AGENCY REPORTS
BOR Report – Vern reported that he would start off with the operating plan which is the
80% forecast. Vern stated that it is 70% exceedance and he is working with the NRCS on
this issue. January, February and March in the third column are the percentages for the
month. This works out to a 53,000 AF spill using last years demand. The only factor not in it
is the filling of Groundhog. The hydrograph on the last page starting April 1st the line is
starting to go up adding a couple of cfs every few days for the fish water. The flat spot on
the back end is for fish sampling and it will be a little bit shorter and not as steep on the way
down.
Vern stated that they are looking at third party contract for M&Is and have given Mike some
examples and they can be tailored to the Energy Fuels Project. The Regional Director is the
only one authorized to approve and they are seeking a lower designation for signature on
small contracts. There could be a cut off for smaller acre foot contracts and anything higher
would go to the RD for signature.
He stated that we should have an agreement in place soon to complete the work on the
switch yard at Towaoc Powerplant.
Brandon of MVIC contacted Vern to complete the annual tour of the Towaoc Highline, since
the weather has been good. A tour is scheduled for January 18th for Reaches 1 and 2 and
will continue on the 30th (3rd Reach) if the weather permits.
Division of Water Resources – Nothing reported.
T/H Committee Report – Nothing reported.
Next T/H Meeting – February 1, 2012 at 2:00 p.m. at the DWCD, Cortez Office.
MVIC – Don Magnuson stated that he would like to discuss some issues with the DWCD in
regards to the repayment contract and O&M payments by MVIC to the District. Mike stated
that these issues need to be discussed in executive session.
MOTION:
TO MOVE INTO EXECUTIVE SESSION CONCERNING MATTERS OF
NEGOTIATION PURSUANT TO C.R.S. §24-6-402(4)(e) AND
CONFERENCE WITH ATTORNEY PURSUANT TO C.R.S. §24-6-402(4)(b)
AND C.R.S. §24-6-402(4)(a)
THIS IS A MATTER OF ATTORNEY CLIENT PRIVILEGE IN RESPONSE
TO MVIC.
MOTION: LARRY DEREMO
SECOND: JIM FISHER
MOTION CARRIED UNANIMOUSLY
RECESSED MEETING FOR EXECUTVIE SESSION AT 7:59 P.M.
RECONVENED MEETING AT 9:09 P.M.
REPORT OUT OF EXECUTIVE SESSION
The Board discussed the Repayment Contract and MVIC O&M payment to the District. The
Board instructed the negotiator on negotiations and no action was taken by the Board.
RECESSED MEETING FOR BREAK AT 9:09 P.M.
RECONVENED MEETING AT 9:18 P.M.
ELECTION OF BOARD OFFICIALS AND DESIGNATION OF LOCATION FOR POSTING
MEETING NOTICES.
Barry has outlined a process for providing a secret ballot for nominations and elections.
Barry handed out secret ballot for nominations to all Board Members and they were asked to
fill our nominations for President.
Nominations for President are Joe Mahaffey, Jim Fisher and Bruce Smart.
The vote was taken for the nominees and there was a tie between Joe and Bruce. The
Board voted again and Joe Mahaffey was re-elected as President.
Nominations for Vice President are Bruce Smart, Don Schwindt, Simon Martinez and
Jim Fisher.
The vote was taken for the nominees and there was a tie between Bruce and Don. The
Board voted again and Don Schwindt was re-elected as Vice President.
Nominations for Secretary-Treasurer are Jim Fisher, Bruce Smart and Simon Martinez.
The vote was taken for the nominees and Bruce Smart was re-elected as the SecretaryTreasurer.
BOARD OFFICIALS, JOE MAHAFFEY AS PRESIDENT, DON SCHWINDT AS VICE
PRESIDENT AND BRUCE SMART AS SECRETARY-TREASURER
Barry stated that these officers are elected to another 2 year term.
MOTION:
THE
NOTICES.
DESIGNATING THE BOARD OUTSIDE THE BOARD ROOM DOORS AS
LOCATION FOR THE OFFICIAL POSTING OF MEETING
MOTION:
STEVE TRUDEAU
SECOND:
LARRY DEREMO
MOTION CARRIED UNANIMOUSLY
APPOINT A TOWAOC-HIGHLINE REPRESENTATIVE AND ALTERNATE
MOTION:
NOMINATION OF JIM FISHER FOR MAIN REPRESENTATIVE AND
BRUCE SMART AS ALTERNATE REPRESENTATIVE TO THE TOWAOC
HIGHLINE COMMITTEE.
MOTION:
DON SCHWINDT
SECOND:
STEVE TRUDEAU
MOTION CARRIED UNANIMOUSLY
GENERAL MANAGERS REPORT/DECISION ITEMS
Decision/Discussion Items:
Montezuma Water Company – Mike stated that a letter of interest in leasing 150 acre feet
of M&I Water is included in the Board packet. The letter that was received from Mike Bauer
with Montezuma Water Company (MWC) and follow-up phone call requested a long term
lease. MWC Board is interesting in getting M&I water for long term use. He asked if they
could sub-lease the water. Mike stated that he would have to refer to our legal staff for the
sub-lease and also bring it to the DWCD Board. Mike stated that he wanted the Board it
discuss the issue before responding to MWC. Don suggested Mike should provide some
options/alternatives for the Board before trying to respond. Bruce asked what was driving
the subleasing. It was suggested that Mike reply to MWC by asking what purpose they have
for leasing water. The Board discussed a series of questions to ask in the letter to clarify
their intentions. Legal review was requested on the question of subleasing.
Discretionary Spending Item – Mike stated that there is bid in the Board packet for kitchen
improvements at the DWCD Cortez office. Mike referred to the bid for the expansion and
remodel of the kitchen.
MOTION:
TO APPROVE THE KITCHEN IMPROVEMENTS AT THE DWCD OFFICE.
MOTION:
LARRY DEREMO
SECOND:
BRUCE SMART
MOTION CARRIED UNANIMOUSLY
Colorado Water Congress – January 26 – 27, Pre-Conference Workshops January 25 –
Mike stated to please contact Gina if you are planning on attending. Information was
distributed on the workshops and the conference schedule.
2012 Brainstorm – Monday, February 20, 2012 – Mike reminded the Board that the
Brainstorm session for 2012 had been set for Monday February 20, 2012, 9:00 A.M.
MVIC Annual Meeting – January 21, 2012 – Mike asked who plans to attend MVIC’s
Annual Meeting who will be authorized to carry the DWCD Proxy. Don stated that he and
Jim will be attending. Last year Mike had a letter designating either of the two of them. Mike
will provide a similar letter for this year and they can decide how to vote the proxy.
Update on A Way Forward – Mike stated that we mailed out November 29, minutes. The
minutes of December 20, 2011 are included in the packet. The December minutes report on
the current status of fish species. Jim White with DOW stated that in the surveying the
percentage of native fish increased from 9% in 2007 to 35% in 2011. The roundtail chub
increased from 4% in 2007 to 12% in 2011. While it is not a large number of fish the upward
trend is encouraging. They want to know if they are spawning and then if they are surviving
as juviniles. Natives are showing a variety of age classes. The 2011 survey at the pump
station at Dove Creek was all native fish. The goal for the trout fishery is 32 pounds/acre.
2011 was the first year in 16 years where that goal was met for all trout combined. Since
about 2007, there has been an increase in the number of fish over 14 inches in length, which
means better-quality trout. This is hopeful and based on changes that have been ongoing
and the results being monitored.
Dolores River Dialogue Steering Committee – Don explained that the Steering Committee
minutes were included in the mail out. Don asked if there was any feedback on the 319
watershed study. Barry stated that Jeff Kane has done work in the area of water quality and
is looking into it. It is best for the District to be involved in formulating the plan to have
specific input and have the conclusions in the plan for supporting data. The plan should be
vetted and thoroughly reviewed by the District. Don explained that Chester Anderson will be
coming back to the steering committee to work on the watershed plan and want to give him
the best guidance and get the review. The other major issue is the balance of the steering
committee. There were proposals for two other entities (Farm Bureau and Cattlemen’s
Association) entering into the steering committee for better balance. They expect to have
more discussions on the balance at the next steering committee.
Mike reminded the Board that the GM Evaluation is scheduled for tomorrow night at 5:30
beginning with dinner.
LEGAL REPORT
Legal Report – Barry commented on the Energy Fuels lease and stated it will be presented
to the Bureau of Reclamation through Vern next week. Energy Fuels is very interested in the
Bureau’s response as is the District. Barry handed out a memo tri-annual review hearing by
the water quality control commission. It will be held next fall. Issues where DWCD wants
standing need to be submitted to the committee. The one issue that could be presented is
the designation of reaches of the Dolores River downstream from McPhee as cold or warm
water. Now it is cold water from the Dam to Bradfield Bridge and also from the Bradfield
Bridge to the little Gypsum Bridge. Barry is seeking direction from the Board to file
comments for the February 1st hearing and can be withdrawn later, but it is necessary to get
the issues in there at this time. Mike stated that the DRD Steering Committee and Way
Forward Implementation Team may want to join in this, but it is important for DWCD to
meeting the February 1 comment deadline to gain standing on this issue, for DWCD and
others that have an interest in seeing this issue addressed.
Bruce asked about the Plateau pump back power filing that was in the newspaper. Barry
stated that Adam had some experience and his thought was it was speculation, but should
be checked into it. Adam is checking into it with the Engineering firm (INCA) and options for
responding to this filing.
Mike stated that Colorado Water Congress is opposing the Title being set for the Public Trust
Initiatives and asked the Board to give him authority to look into it as well as supporting CWC
Title Opposition monetarily. Mike said these initiatives would be very damaging to all
Colorado water rights holders including DWCD but there are limits to how DWCD can be
involved.
MOTION:
SUPPORT OF $500.00 TO HELP THE CWC BALLOT TITLE CHALLENGE
TO THE PUBLIC TRUST INITIATIVES AND GIVE THE GENERAL
MANAGER AUTHORITY TO FURTHER INVESTIGATE.
MOTION:
DON SCHWINDT
SECOND:
STEVE TRUDEAU
MOTION CARRIED UNANIMOUSLY
NEXT DWCD BOARD MEETING – Thursday, February 9, 2012 - 7:00 PM
ADJOURNMENT
Meeting adjourned at 10:55 PM
Bruce Smart, Secretary-Treasurer
Joe L. Mahaffey, President