REGULAR BOARD MEETING

OCTOBER 9, 2001, 10:00 A.M.

DISTRICT OFFICE

 

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

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

ATTORNEY:          Bill Hopp

GUESTS:                 Priscilla Hoover, Deb Crowson, Greg Mohnen, Kevin Crew

 

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

 

APPROVAL OF MINUTES

 

Director Schlueter made a motion that the minutes of the September 11, 2001 Regular Board Meeting and September 11, 2001 Executive Board Meeting be approved, seconded by Director Morrow, motion carried unanimously.

 

APPROVAL OF VOUCHER LIST

 

Vice-Chairman Morrow made a motion that the October 2001 Voucher List be approved, seconded by Director Bach, motion carried unanimously.

 

CRESCENT LAKE WATER REPORT

 

Manager McDaniels reported that Crescent Lake is still going down, now at 44,097. 

 

INSTREAM LEASES

 

Manager McDaniels and Shelby Smith attended the Hearing held in Bend on October 4, 2001.  Written comments expressing the District’s opposition to leaving the districts out of the process of leasing a water right instream will be mailed to Salem by October 18, 2001.  Manager McDaniels will talk to Ron Nelson about seeking Ben Westlund’s help. 

 

SAFE DRINKING WATER ACT

 

Vice-Chairman Morrow, Director Putnam, and Shelby Smith attended a meeting at Central Oregon Irrigation District on the Safe Drinking Water Act.  Attorney Hopp has prepared two options as an amendment to the District’s Rules and Regulations.  The first option would allow state approved treatment of the irrigation water being used for domestic purposes.  The second option would allow no use of irrigation water for domestic purposes.  See attached copies. 

 

All property owners with water rights in the District have been notified by letter that the District does not deliver potable water (see attached copy).  200 survey cards were included with this letter for those who did not respond to the first request. 

 

To satisfy the state, according to Attorney Hopp, the District has a responsibility to (1) identify those water users who are using irrigation water for domestic purposes, and (2) have certification from those water users

-2- Minutes of Regular Board Meeting, October 9, 2001

 

that they are using a state approved treatment system.  We do not need to observe the treatment.  If fourteen or less water users are using the water without treatment, the state’s criteria that the District is not a public water system will be satisfied.

 

The other issue is the District’s liability.  The Special Districts Association of Oregon, who provides the District’s general business insurance, does not want any irrigation water used for domestic purposes.  According to Attorney Hopp, the only way to avoid a potential lawsuit is to not deliver irrigation water to anyone who uses it for domestic purposes.  Shelby Smith asked if the Board members could be held personally liable.  Attorney Hopp said probably not, but anyone can be sued.

 

The best estimate at this time for water users using irrigation water for domestic purposes is about 100 connections.  There would be significant expense involved for these people to install wells.  See attached copy of letter from Bruce Hoover, dated October 8, 2001.  Refusing to deliver water could open the District to lawsuits.  The Board felt that Option #1 would be more acceptable to the water users. 

 

Director Schlueter made a resolution that the Rules & Regulations be amended to include Option #1, with corrections, as follows:

 

             “The District recognizes that, historically, water was delivered through its system of canals, laterals, and ditches, not only for irrigation and livestock use, but also for domestic use.  Throughout recent history the District has become much more populated, increasing the density of livestock, in addition to increasing the density of people.  Because of health concerns as expressed by the Department of Human Services, Health Division, for the State of Oregon, the U.S. Environmental Protection Agency and the Safe Drinking Water Act, the District does not deliver potable water and, therefore, water users who use irrigation district water for domestic purposes shall provide a treatment method acceptable to the Department of Human Services, Health Division.  Those not complying shall be subject to having their water cut off until compliance is obtained.”

 

Seconded by Director Bach, resolution carried unanimously.  This is the first reading of this resolution. 

 

RESOLUTION TO SEND CERTIFIED LETTERS TO HOLDERS OF JEOPARDY WATER

 

Director Schlueter made a resolution that certified letters be sent to approximately eighteen water holders and security interest holders of jeopardy water, according to the District’s Policies and Procedures, “C. For Water Users for Consecutive Years of Non-Use (Transfer of Irrigation Water for Non-Use)”, seconded by Director Bach, resolution carried unanimously.  AmeriTitle will do a short form title search on each water holder, which will identify the last deed of record, monetary encumbrances, and the legal description, and will cost $50.00 each.              

 

ESTIMATE FOR ROAD TO 390 ACRES

 

Manager McDaniels said Hap Taylor’s estimate for a one-mile road to the 390 acres is $34,000 for clearing, grade, water, compact, four inches loose gravel, and three inches packed gravel.  Manager McDaniels will obtain more estimates.

 

-3- Minutes of Regular Board Meeting, October 9, 2001

 

LAIDLAW BUTTE TOWER

 

Randy Windlinx has two other phone companies interested in our site on Laidlaw Butte.  The existing tower is not tall enough to accommodate additional service.  The Board was not interested in trying for additional towers.

 

CONSTRUCTION ON FLUME #4

 

Manager McDaniels reported that the pipe is laid across the bottom, with the angles on each end.  The pipe will be encased in concrete within the next few days.  Because they have run into little rock, the contractor is currently six weeks ahead of schedule. 

 

PROJECT 3B

 

Manager McDaniels said that Peter Carlson said the Federal Government’s operation has been extended until October 15, 2001, that there would be meeting before the 15th to approve the budget, and that the District should know then how much grant money we will get.  As soon as we know we have the money, Manager McDaniels would like to put Project 3B out for bid.  Project 3B is projected at $1.3 million, including engineering, legal, and in-house costs.  The budget from the Feds is $600,000.  We have $100,000 in the bank from DRC, and a promise of $200,000 from OWEB.  With about $1.1 million in the bank, and approximately $600,000 to $700,000 left to pay on Flume #4, we should have enough to cover Project 3B, according to Kevin Crew.  Director Putnam made a motion that, as soon as the money is available, Project 3B be put out for bid, seconded by Director Schlueter, motion carried unanimously. 

 

NEXT MEETING DATE

 

The next Regular Board Meeting will be Tuesday, November 13, 2001, at 10:00 A.M., in the District office.

 

ADJOURNMENT

 

Director Morrow made a motion that the Regular Board Meeting be adjourned at 11:30 A.M., seconded by Director Schlueter, motion carried unanimously.