REGULAR BOARD MEETING

APRIL 9, 2002, 10:00 A.M.

DISTRICT OFFICE

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

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

ATTORNEY:         Bill Hopp

GUESTS:                   Greg Mohnen, Nunzie Gould, Jeff Rola, Ila Cronen

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

APPROVAL OF MINUTES

Director Putnam made a motion that the minutes of the March 12, 2002 Regular Board Meeting and March 12, 2002 Executive Board Meeting be approved, seconded by Vice-Chairman Morrow, motion carried unanimously.  

APPROVAL OF VOUCHER LIST

Director Putnam made a motion that the April 2002 Voucher List be approved, seconded by Director Schlueter, motion carried unanimously.

CRESCENT LAKE WATER REPORT

Manager McDaniels said that, in spite of news reports of good snow pack, Crescent Lake is at 55%, or 48,120 acre feet.  We will deliver about 70% maximum this year.   

FLUME #4 UPDATE

Flume #4 is complete and has had final inspection.  Water is backing through it from Tumalo Feed Canal. 

PROJECT 3B UPDATE

The pipe is done.  Landscaping and pumps are still to be done.    

REMODEL BOARD ROOM 

See attached copy of proposed remodel, estimated cost $12,600, excluding labor (Bob Varco and Ken Rieck would provide the labor).  Estimated time to complete is four weeks, to be done in July 2002.  Director Schlueter made a motion to approve this remodel, seconded by Director Putnam, motion carried unanimously.        

NUNZIE GOULD

Ms. Gould asked if the District has discussed water mitigation with Cogentrix.  Manager McDaniels said that the Board has discussed water savings with Cogentrix, and has agreed to do a tremendous amount of current metering to see if there is any water available.  He said that if the District can prove absolutely that water can be saved for both the District and Cogentrix, and Cogentrix agrees to pipe some of our canals in exchange for some of the saved water, the Board has an obligation to at least consider an agreement.  Ms. Gould asked if the District has allocated money from the operating budget for investigating water savings.  Manager McDaniels

-2- Minutes of Regular Board Meeting, April 9, 2002

said that no money has been allocated, that Cogentrix has actually paid the District $15,000 for any costs incurred in our investigation of water savings.  Ms. Gould said that she is opposed to Cogentrix installing a plant, because of environmental issues, and that any agreement with Cogentrix should be subject to a vote of the water users.  Manager McDaniels said that the Board has made no effort to have any public meetings, nor have they promoted building a plant.           

ILA CRONEN

Mrs. Cronen said they are having a silt problem, and have a cistern full of fish.  Ken Rieck said a 1/8” filter has been ordered to put on the end of the pipe. 

JEFF ROLA, DESCHUTES SOIL & CONSERVATION

Mr. Rola said that they are working on the Agricultural Water Quality Management Area Plan, which should be ready to go out for comment in the next few weeks.  Public meetings will be held to address water quality issues for the landowners, and how they can meet the concerns and requirements of the Clean Water Act. 

June 1 is the next deadline for the Oregon Watershed Enhancement Board grant.  There is also some money available for small projects, which the Soil & Water District and the Upper Deschutes Watershed Council are managing.  Up to $10,000, with 25% matching funds, is available for landowners to implement conservation projects. 

BOARD OF CONTROL AGREEMENT

See attached copy of agreement.  Attorney Hopp said that some of the projects the District is working on, i.e., conservation and the Safe Drinking Water Act, should not come under the Board of Control (Recitals: A.).  Under Purposes and Powers, he is concerned that the items do not appear to be subject to unanimous vote.  Under Article IV Contributions, No. 2. Additional Contributions, there doesn’t seem to be a limit on how often this could be levied.  Under Article IX Restrictions, we had asked for “make statements or representations on behalf of the Board of Control without the unanimous consent of the other districts”.  The Board felt the cost could not be justified.  Director Putnam made a motion that Tumalo Irrigation District reject the Board of Control Agreement, seconded by Director Schlueter, motion carried unanimously.       

E-MAIL FROM BOR

See attached copy of e-mail from Kathy Kihara, Bureau of Reclamation. 

WATER FOR THE WEST

See attached copy of letter from John F. Sullivan with Water for the West. 

BRENNEN BRIDGE - JOHNSON RD.

Manager McDaniels said the Deschutes County Road Department is planning to replace this bridge this fall. 

HIGHWAY 20 CROSSINGS - CONSTRUCTION & MAINTENANCE AGREEMENT

This agreement (copy attached) states that ODOT is responsible for structural maintenance and the District is responsible for operational maintenance.  Director Schlueter made a motion that this agreement be accepted, seconded by Vice-Chairman Morrow, motion carried unanimously. 

BULL TROUT

Mr. Crew said the United States Fish & Wildlife Service has historic records that show bull trout were here until the early 1950’s.  Steve Marx with ODF&W believes the demise of the bull trout came with the regulation of the river with the dams.  If they deem this area bull trout habitat, we are dealing with the Endangered Species Act.  The TMDL study will also impact the districts.  Mr. Crew said if the District gets fish screens installed on the diversions, and we don’t have return flows to the river, we have a high probability of being able to argue against being a public water of the United States.       

WATER TRANSFER

            Pennock to Gisler – 2.00 Junior Rights

Ms. Smith said all the criteria have been met for this transfer.  Director Putnam made a motion that this transfer be approved, seconded by Vice-Chairman Morrow, motion carried unanimously.

SIDEWALKS

Manager McDaniels said the sidewalks along Cook Avenue are going to bid in two or three weeks.  The County had originally planned for the driveway to be forty feet from the handicap ramp.  They have changed it to sixty-five feet.  The work should be done in July or August. 

LAIDLAW WATER DISTRICT

Manager McDaniels said that Laidlaw Water District is going to build another storage tank on top of Laidlaw Butte.

TRESPASSERS AT TUMALO RESERVOIR

Manager McDaniels said three people were cited for trespassing at Tumalo Reservoir.  They asked Manager McDaniels to drop the charges.  He refused, because the Sheriff’s office will stop issuing citations if the District doesn’t follow through. 

SAFE DRINKING WATER ACT

See attached copy of letter from Kurt D. Putnam, Oregon Department of Human Services, dated April 1, 2002. 
This letter is in response to Attorney Hopp’s request for some guidelines.  The Board decided that copies of this letter will be included with the District’s letter and affidavit to all known cistern users. 

-4- Minutes of Regular Board Meeting, April 9, 2002

ANN WRIGHT COBB

Attorney Hopp asked what the situation is on Ms. Cobb’s property at Tumalo Reservoir, to which she has no access.  The State will not allow the District to sell land to her for access, because it is part of the Reservoir land, and is restricted.  Attorney Hopp said that if a land exchange occurs, the District would have to dedicate Bull Springs Rd. to the County.  Ms. Cobb would pay for any costs incurred.  Director Putnam made a motion that Manager McDaniels have the authority to proceed with a land exchange, subject to approval by the State, seconded by Director Schlueter, motion carried unanimously.

BIKE RACE PERMIT

Attorney Hopp has asked the Bike Race people to reimburse the District for attorney’s costs.  According to Attorney Hopp, the District is listed on their insurance policy, so there is no liability to the District when they are on District property.

FOREST SERVICE OPERATION AGREEMENT

Attorney Hopp said he and Manager McDaniels are still working on the agreement for Crescent Lake.

NEXT MEETING DATE

The next Regular Board Meeting will be Tuesday, May 14, 2002, at 10:00 A.M., in the District office. 

ADJOURNMENT

Vice-Chairman Morrow made a motion that the Regular Board Meeting be adjourned at 12:05 P.M., seconded by Director Putnam, motion carried unanimously.