Minutes

REGULAR BOARD MEETING

MAY 8, 2001, 10:00 A.M.

DISTRICT OFFICE

BOARD:                Bill Martin, George Bach, Bob Morrow, Steve Putnam, Jim Schlueter

STAFF:                  Elmer McDaniels, Jan Wickham, Shelby Smith, Ken Rieck, Glen Cartwright

ATTORNEY:          Bill Hopp

GUESTS:                Kevin Crew, Ron Nelson, Greg Mohnen, Victoria Schmidt

Chairman Martin called the meeting to order at 10:00 A.M. and appointed Shelby Smith scribe. 

APPROVAL OF MINUTES

Vice-Chairman Morrow made a motion that the minutes of the April 10, 2001 Regular Board Meeting and April 10, 2001 Executive Board Meeting be approved, seconded by Director Putnam, motion carried unanimously.

APPROVAL OF VOUCHER LIST

Director Bach made a motion that the May 2001 Voucher List be approved, seconded by Director Putnam, motion carried unanimously.

RON NELSON

Ron Nelson, Manager of Central Oregon Irrigation District, spoke to the Board about the Clean Drinking Water Act.  He said that the Forest Service and Department of Environmental Quality are starting to take samples from the Deschutes River, in an effort to establish total maximum daily load, and testing for oxygen, phosphates, temperature, turbidity, and habitat.  The Endangered Species Act is also a factor.  Because of Wickiup, we have a Federal presence in the Basin.  He said that COID’s Board of Directors will be approving a budget today for $2,000 to hire consultants to research the Federal government’s activities in these areas.  He asked the District to consider joining the Board of Control (see attached copy of Agreement).  He feels that all the Districts in the Basin need to combine resources in dealing with these issues.  Mr. Nelson left.  The Board will review the Agreement for discussion at the June 12, 2001 Regular Board Meeting.     

CRESCENT LAKE WATER REPORT

Manager McDaniels reported that Crescent Lake has 71,883 acre-feet; we are dumping 60 acre-feet.    

CRESCENT LAKE – UPDATE ON MEETING WITH FOREST SERVICE & BOR

Manager McDaniels met with the Forest Service and BOR again.  He said the District is only responsible for maintaining around the restricted area.  They talked about changing the boundaries of the reclamation zone, which would mean the three cabins would have to be moved. 

-2- Minutes of Regular Board Meeting, May 8, 2001

DISTRICT PROJECTS – KEVIN CREW

Mr. Crew said Flume #4 is ready for bid.  Director Bach made a motion that Flume #4 be put out for bid, seconded by Director Schlueter, motion carried unanimously.

Mr. Crew said that we have ODF&W approval of a preliminary design for the fish screen for the diversion off the Deschutes River.  ODF&W has increased its participation from $75,000 (or 75%) to $200,000.  He was not sure if that was per project.  They are willing to spend the money for design dollars, and possibly for money already spent. 

DECISION ON LAIDLAW BUTTE 60-FOOT POLE

See attached copy of the County Commissioners decision.  Manager McDaniels said the written order should be available May 18; the appeal period is twenty-one days after May 18, until June 8.      

1992 FORD PICKUP

This pickup has been advertised in the Bulletin three times, and has been on the Internet for about six weeks.  Manager McDaniels talked to Just Used Cars and Mitchell Motors, neither of which would take it on consignment.  We are currently asking $3,500.  The Board said to advertise it in the Nickel Ads for $2,500.      

DEPARTMENT OF HUMAN RESOURCES – PUBLIC WATER SYSTEMS

The meeting with the State of Oregon is June 14, 2001.  The survey cards will be mailed this week. 

GROUND WATER MITIGATION STRATEGY FOR THE DESCHUTES BASIN

See attached copy of letter from Elmer G. McDaniels to OWRD regarding Ground Water Mitigation, listing the District’s concerns.  One of the concerns is the use of a surface water right as mitigation for a ground water (well) right.  We have a question from Mick Bittler regarding this procedure.  Mr. Bittler has bought 16-12-09-SE/NW-00605, located on Harper Rd. (see attached map), and wants to transfer 5.0 acres to it from another property he currently owns in the District.  If we do not allow this transfer, he has suggested that he will drill an irrigation well, and use the 5.0 acres of water rights as mitigation for a well right.  Bob Hagerty, the prior owner, has requested water rights on this property in the past, and the District denied the request.  According to the District’s Metes and Bounds, this property lies within the District boundaries.  Director Putnam and Glen Cartwright do not believe it is in the District boundaries.  The District now has water rights in the area, and a pipe through which to deliver it.  We recently laid pipe in this area, which we already have plans to extend.   Mr. Bittler is willing to pay the difference in pipe size to accommodate the extra water.  Director Putnam is concerned that the three existing water rights holders on Harper Rd. will eventually want additional water, which would use up the current capacity.  However, when the District had 1.43 acres of water rights for sale, these owners were offered the water and refused it.  The three criteria for approving a water transfer are: (1) is the property within the District boundaries, (2) can the District deliver the water, and (3) does the property have beneficial land to which the water right can be applied?  In this case the answer is yes.  Manager McDaniels has made it a condition that measuring devices be installed.  Director Bach made a motion that the District allow

-3- Minutes of Regular Board Meeting, May 8, 2001

this transfer, with the conditions that measuring devices be installed and Mr. Bittler pay for the additional pipe size, seconded by Director Schlueter, ayes – Bach, Schlueter, Morrow, nays – Putnam, motion carried. 

Ken Rieck suggested that the District research changing the District boundaries.  The Board assigned that task to Mr. Rieck. 

ANNUAL IN-STREAM LEASE

See attached copy of Tumalo Creek Distribution, prepared by Kyle Gorman, Oregon Water Resources Department.  Bob Main, Mr. Gorman, and Manager McDaniels met last week to determine how much water we will have to leave in-stream for our annual in-stream leases.  According to this chart, we will leave five second feet. 

WATER TRANSFERS:

             Smithey to Smithey – 1.11 Acre (0.31 Senior, 0.80 Junior)

             Booher to Booher – 1.00 Senior

Mr. Rieck explained that Mr. Booher will need to install 800 feet of pipe, at his expense, from his current delivery to the proposed site.  Director Bach made a motion that these transfers be approved, with this condition, seconded by Director Morrow, motion carried unanimously.  Ms. Smith asked for clarification on the new prove-up policy, that if the water user fails to prove-up in the current year, that the $300 fee be non-refundable, and that another $300 fee be required if they want to resubmit the transfer in a subsequent year.  The Board agreed. 

390 ACRES

Attorney Hopp said the hearing on the zone change on the 390 acres is set for July 10, 2001. 

NEXT MEETING DATE

The next Regular Board Meeting will be Tuesday, June 12, 2001, at 10:00 A.M., in the District office.

ADJOURNMENT

Director Bach made a motion that the Regular Board Meeting be adjourned at 12:00 P.M., seconded by Vice-Chairman Morrow, motion carried unanimously.