Sept 2002

REGULAR BOARD MEETING

SEPTEMBER 10, 2002, 10:00 A.M.

TUMALO IRRIGATION DISTRICT

64697 COOK AVENUE

BEND, OREGON

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

STAFF: Elmer McDaniels, Shelby Smith

ATTORNEY: Bill Hopp

GUESTS: Kevin Crew, Gary Blake

Chairman Martin called the meeting to order at 10:05 A.M. and appointed Shelby Smith scribe.

APPROVAL OF MINUTES

Director Putnam made a motion that the minutes of the August 13, 2002 Regular Board Meeting and August 13, 2002 Executive Board Meeting be approved, seconded by Director Schlueter, motion carried unanimously.

APPROVAL OF VOUCHER LIST

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

APPOINTMENT OF DIRECTOR FOR DIVISION 5

Director Putnam made a motion that Gary Blake be appointed to the Board of Directors to complete George Bach’s term as Director for Division 2, seconded by Vice-Chairman Morrow, motion carried unanimously. Division 5 will be up for election this fall.

CRESCENT LAKE WATER REPORT

Manager McDaniels said that Crescent Lake has 41,075 acre-feet. He estimates that there will be 37,000-37,500 acre feet left at the end of the season. On September 23^rd we will cut the discharge in half, and on September 25^th we will cut the discharge down to 5 - 7 feet, as per our agreement with ODF&W.

OFFICE REMODEL UPDATE

The framework for the ceiling will go up today. The County required that we get permits for the electrical and plumbing. We passed the first inspections for both.

RATES FOR PRESSURIZED DELIVERY

The BOR has offered a grant to build a pressurized system. A site has yet to be determined. The Board asked to see the OWRC survey on rates before discussing a rate structure.

FISH SCREENS

Kevin Crew said that the design for the Bend Feed fish screen is complete. He is working on the Tumalo Feed fish screen design.

-2- Minutes of Regular Board Meeting, September 10, 2002

BEND METRO PARK & RECREATION DISTRICT

Attorney Hopp said the proposed agreement with Bend Metro Park & Recreation District to provide a trail system open to the general public, and to protect the District irrigation delivery system, is in the best interests of the District. Director Schlueter made a motion that the District sign this agreement, seconded by Director Putnam, motion carried unanimously. See attached agreement dated September 10, 2002.

BEND FEED CANAL - DOGS LOST

Manager McDaniels said that two large golden labs have been lost in the last two weeks in the Bend Feed Canal below Mt. Washington Drive. They went through the tunnel and were recovered at the trash rack at the Red Rock Syphon. Neither dog was on a leash that was being held by the owner.

ROGER & JOYCE SCHNEIDER - COID EXCHANGE WATER RIGHTS

Mr. & Mrs. Schneider hold Central Oregon Irrigation District water rights, which Tumalo Irrigation District delivers out of the Bend Feed Canal. These rights are referred to as COID exchange water rights. The District bills for these rights the same as District water rights, and pays COID their annual rate, as agreed to in the 1984 “Interdistrict Agreement for Transfer, Delivery and Assessment of Irrigation Water Rights” between COID and the District. Ms. Smith said that the Schneiders had one acre of water prior to HB3111. During the District’s interviews, Dick Gummus, who was contracted from COID to conduct the District’s interviews, determined that the Schneiders were watering two acres of land, and offered to sell them one acre of COID water, which they accepted. Because these are COID water rights, they were not included in the District’s HB3111 petition. During COID’s interviews, they determined that one acre should be removed, which they did. The Schneiders want that acre back, which COID has agreed to do. COID wants the District to process a Division 15 transfer to place one acre back on the Schneider’s property. Ms. Smith contends that, since the water right has a COID certificate, and the paperwork would be signed and submitted to Oregon Water Resources Department by COID, the transfer should be processed by COID. Director Putnam made a motion that COID process this transfer, seconded by Director Schlueter, motion carried unanimously.

LETTER FROM DRC, DISTRIBUTION OF LEASE CHECKS

The District has received a check for $9,096.50, to be disbursed to the participants in the 2002 Annual Leasing Program. The checks have been prepared for disbursement, at the rate of $28.00 per acre leased. See attached draft of letter and survey, which DRC wants included with the checks. The Board decided that this letter and survey should come from DRC’s office. Director Putnam made a motion that the in-stream lease checks be mailed without DRC’s letter and survey, seconded by Vice-Chairman Morrow, motion carried unanimously.

LETTERS FROM WY’EAST

See attached letters from Wy’East dated August 7 and September 3, 2002.

OWEB MEETING SEPTEMBER 19-20, 2002

Manager McDaniels and Kevin Crew will be attending this meeting on September 20, 2002, to support the District’s application for a $200,000 grant for Project 1B.

-3- Minutes of Regular Board Meeting, September 10, 2002

RIPRAP AT CRESCENT LAKE

Manager McDaniels said that the Forest Service will be doing the riprap at Crescent Lake on September 19, 2002.

LETTER TO T. BAILEY, INC.

See attached copy of letter from Kevin Crew to T. Bailey, Inc., dated August 28, 2002, asking them to remove the siltation in the Klipple and Weber Syphons, prior to performing the lining repairs. They have previously said they do not want to do remove the siltation. They have not responded to the letter yet.

OREGON WATER RESOURCES COMMISSION MEETING

See attached copy of Oregon Water Resources Commission Meeting Notice, to be held September 13, 2002, 9:30 A.M. to Noon, in Salem.

DELIQUENCIES, MOTION TO FILE NOTICE OF RIGHT TO LIEN

See attached copy of delinquencies at September 9, 2002. Ms. Smith mailed out 27 certified letters last week. She will attempt to contact the remaining accounts by phone before turning the list over to Attorney Hopp. Director Putnam made a motion to have Attorney Hopp file Notice of Right to Lien on these delinquencies, seconded by Director Schlueter, motion carried unanimously.

SAFE DRINKING WATER ACT, PHONE CALL FROM KURT PUTNAM

Ms. Smith said there are 50 accounts that have not responded to the letter requesting affidavits. Those who respond by saying they are water hauling will need to provide contracts, according to Kurt Putnam. Those who respond by saying they are treating the water will need to be checked through the National Sanitation Foundation website to be sure their systems are acceptable to the Oregon Department of Health. Those who do not respond at all will not receive stock runs this winter.

WATER TRANSFER

Lillegard to Lillegard - 0.96 Senior Right

Ms. Smith explained that Mr. & Mrs. Lillegard are deeding a portion of land on the north edge of their property to the County for a road. There are District water rights located on the property to be deeded. To avoid having to deal with the County over the transfer of this water, she requested that this transfer be approved this year, even though the new location has not been proved up according to District policy. Director Schlueter made a motion that this transfer be approved, seconded by Director Putnam, motion carried unanimously.

CAREY ACT

Attorney Hopp said, to avoid further Carey Act litigation, the State of Oregon initially proposed legislation to repeal the Carey Act and the Tumalo Project Act. Instead, they are proposing to leave the acts on the books, but to change them through Administrative Rule Making.

-4- Minutes of Regular Board Meeting, September 10, 2002

NEXT MEETING DATE

The next Regular Board Meeting will be Tuesday, October 8, 2002, at 10:00 A.M., at the District Office.

ADJOURNMENT

Director Putnam made a motion that the Regular Board Meeting be adjourned at 12:10 P.M., seconded by Vice-Chairman Morrow, motion carried unanimously.