REGULAR BOARD MEETING

NOVEMBER 12, 2002, 10:00 A.M.

TUMALO IRRIGATION DISTRICT

64697 COOK AVENUE

BEND, OREGON

 

BOARD:               Bill Martin, Bob Morrow, Gary Blake, Jim Schlueter

STAFF:                Elmer McDaniels, Shelby Smith

ATTORNEY:         Bill Hopp

ENGINEER:              Kevin Crew

GUESTS:                   Tom Hickman, Bruce Aylward, Ray Hartwell

 

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

 

APPROVAL OF MINUTES

 

Director Blake made a motion that the minutes of the October 8, 2002 Regular Board Meeting, October 8, 2002 Executive Board Meeting, and October 10, 2002 Special Board Meeting be approved, seconded by Vice-Chairman Morrow, motion carried unanimously.  

 

APPROVAL OF VOUCHER LIST

 

Vice-Chairman Morrow made a motion that the November 2002 Voucher List be approved, seconded by Director Schlueter, motion carried unanimously.

 

CRESCENT LAKE WATER REPORT

 

Manager McDaniels said that Crescent Lake has 38,629 acre-feet, up from 38,277 last month.      

 

PROJECT 1B

 

Manager McDaniels said that as long as the Federal Government is getting by on resolutions, they will not give us $275,000 in a lump sum.  Instead, they will give us $25,000 a month, which is suppose to be retroactive to October 2002.  Project 1B is on hold until money is available.  On December 21, 2002, DRC is supposed to approve $200,000.  OWEB has already approved $200,000.  Manager McDaniels and Attorney Hopp will go to Washington DC in February 2003.  Mr. Crew said Mt. Washington Drive will require an open cut, which will increase the cost, and will require the City of Bend’s approval.  The project is one foot outside of the Waterway Overlay Zone, not one foot inside, as indicated at the November Regular Board Meeting.  The design will be complete in a week.   

   

SAFE DRINKING WATER ACT

 

The District had a stock run the week of November 4th.  Ms. Smith said there are 27 accounts on the shut off list for non-compliance.  The ditchriders were able to shut off most of them.  No one on the list complained about not receiving water.  The assumption is that they either already had enough water in their cisterns, or have installed a well or hauled water and did not notify the District. 

 

 

 

-2- Minutes of Regular Board Meeting, November 12, 2002

 

FENCING AT CRESCENT LAKE

 

Manager McDaniels said the Forest Service finished the riprap at Crescent Lake.  With $2,000 they have left, they want to do some fencing along the crest of the dam.  This would stop the snowmobilers and 4-wheelers from going up and down the lower bank.  Manager McDaniels told them the District would contribute $1,500. 

 

JEOPARDY WATER

 

See attached copy of jeopardy water for 1997 and 1998.  1997 and 1998 refer to the last year the water rights were beneficially used.  The 2002 irrigation season was the last season in which the people on the 1997 list could prove up their water.  They were sent courtesy letters at the end of the 2000 season that they had two irrigation seasons to prove up their water rights.  They were notified by certified letter at the end of the 2001 irrigation season, with a copy to all interest holders, and a copy to the Oregon Water Resources Department, that they had one irrigation season to prove up their water rights, or they would forfeit them.  Ken Rieck and Manager McDaniels reviewed the three properties in question after the end of the 2002 irrigation season, and determined that there was no beneficial use.  Any vegetation that would grow naturally, without irrigation, is not considered by the OWRD to be beneficial use.  According to state law and the District’s policy, the District will start the procedure to transfer the water to the District.  We will then need to either (1) sell the water, or (2) transfer the water to District property.  If the water is transferred to District property, we must then either prove it up or lease it instream.  Ms. Smith asked if banking the water would be another option. Vice-Chairman Morrow made a motion that the District proceed, according to District policy, to take the 1997 water rights, seconded by Director Schlueter, motion carried unanimously.

 

GERKING FLUME

 

The Gerking Flume has deteriorated to the point where something needs to be done.  Due to the curving road next to the flume, especially in icy conditions, a vehicle could slide into the legs and take the flume down.  Mr. Crew said that, in its current condition, he does not believe it will last another two years. He said two options would be to either (1) replace it with 15” pipe under the road (his recommendation), at a cost of approximately $100 per foot (450 feet), not including engineering costs, or (2) take the timbers down and replace them with I-beams, shore up the end columns, and put a pipe in the flume, at a cost of approximately $60,000 to $70,000, not including engineering costs.  The second option would require ongoing maintenance.    

 

OWEB TOUR

 

The OWEB tour of Tumalo and Squaw Creek Irrigation Districts’ piping projects is scheduled for Saturday, November 23rd.  Manager McDaniels will attend. 

 

KLAMATH FALLS MEETING

 

The OWRC has planned a meeting with the Klamath Falls Water Users Association Sunday, November 17th, and Monday, November 18th.   Manager McDaniels will attend. 

 

 

 

 

-3- Minutes of Regular Board Meeting, November 12, 2002

 

MANAGER MCDANIELS

 

Chairman Martin said that Manager McDaniels puts a lot of extra time traveling and attending meetings on weekends, and wanted to know if he is adequately compensated for it.  Manager McDaniels said he often leaves at noon on Friday to make up for it.  The Board felt that, as a salaried employee, extra time is part of his job. 

 

BOARD TRAINING

 

OWRC is trying to put a Board Training Seminar together.  Place and time have not been determined yet.

 

2003 BUDGET WORKSHOP

 

The Board received the first draft of the Operating Budget, the Capital Budget, expense worksheets, assessment rates history, and the OWRC 2002 District Survey Summary.  The budget workshop will be held at the December 10, 2002 Regular Board Meeting. 

 

DISCUSSION OF RESOLUTIONS REGARDING EMPLOYEE PRACTICES

 

See attached copy of North Unit Irrigation District’s “Resolution prohibiting Employees from Serving on the Board of Directors”.  The question of whether an employee can serve on the Board has come up in the past, although no one has actually petitioned.  It would appear to be a conflict of interest.  Director Schlueter made a resolution that the District adopt this resolution as part of the Policies and Procedures, as follows: The Board of Directors of Tumalo Irrigation District hereby recites the matters set forth below.  (A) 1999 Laws Chapter 336, House Bill 3334, permits Districts listed in ORS 198, by Ordinance or Resolution, provide that any individual who is an employee of the District is not eligible to serve as a member of the governing Board by which the individual is employed. (B) Said Ordinance or Resolution must take effect at least one (1) year prior to the date of the regular District election.  Now therefore, be it resolved by the Board of the District as follows: Section 1. Resolution:  Any individual who is an employee of the Tumalo Irrigation District is not eligible to serve as a member of the Board of Directors of the Tumalo Irrigation District by which the individual is employed.  Section 2. Effective Date: This Resolution shall take effect immediately upon its adoption by the Board. Seconded by Vice-Chairman Morrow, resolution carried unanimously.  This is the first reading of this resolution. 

 

See attached copy of ORS 659A.309 “Discrimination solely because of employment of another family member prohibited”.  Director Schlueter made a resolution that ORS 659A.309 be added to the District’s Policies & Procedures, seconded by Director Blake, resolution carried unanimously.  This is the first reading of this resolution.

 

MITIGATION RULES

 

Mr. Hickman with David Evans & Associates explained how mitigation works, which is basically that if one wishes to obtain a groundwater right, they must make up for the water by transferring water instream.  The issue is deciding what water is transferable, and determining if the credit will be based on consumptive use (lesser

 

 

-4- Minutes of Regular Board Meeting, November 12, 2002

 

amount) or amount diverted (greater amount).  Oregon is not a consumptive use state.  There is also the question of whether reducing seepage by piping could be considered mitigation.  There are groups who believe the water saved is usable downstream, and should not be transferred instream.  Decisions have to be made about what impact actions taken in the upper and middle Deschutes have on the lower Deschutes.  Mr. Aylward said that, since the District’s piping projects have been partially funded by federal money, any credit might go to them.       

COGENTIX LETTER

 

See attached copy of letter from J.E. Freeman, Jr. with Cogentrix dated October 28, 2002, stating that they do not intend to renew their agreement with the District. 

 

INSTREAM LEASING - RAY HARTWELL & BRUCE AYLWARD, DRC

 

See attached copy of DRC’s proposed Memorandum of Understanding and Participation Survey.  Mr. Aylward said the purpose of the MOU is to formalize DRC and the District’s relationship in regards to the leasing program.  Ms. Smith said the District leased 395.5 acres instream this year (85 acres were in jeopardy), not including Bend Park & Recreation’s 105 acres.  DRC sent the District a check for $9,096.50, all of which the District returned to the participants at $23.00 per acre leased.  Bend Parks & Recreation is a municipality, and therefore DRC does not pay them.  Mr. Aylward said they propose to pay the same amount for 2003.  The money is paid on a first come, first served basis.  Not all districts are calculated at the same rate, and DRC is considering using an auction approach in some districts.  The MOU “guarantees payment up to a set number of acres”, and the DRC is proposing that number be 500 acres for this District.  Manager McDaniels asked if the District is only able to deliver 50% next year due to drought conditions, should we refuse to lease, and keep the water to improve the delivery?  The Board felt that would be bad public relations.  The Board felt that first come, first served should be changed to pro-rated, and the cap of 500 acres should be raised to 600.  For funding purposes, Mr. Hartwell asked what value the District would assign to each lease. Ms. Smith said that $200 would probably be what the District would charge for each lease if we were charging.  DRC would like the Participation Survey included in the reimbursement checks for 2003.  The Board opted not to do that in 2002.  The Board will make a decision on the MOU at the December 2002 Regular Board Meeting.

 

117 ACRES

 

There will be a public hearing on the 117 acres on Mock Rd. on December 3, 2002.

 

T. BAILEY & SONS

 

The District has sent a letter to T. Bailey & Sons, requesting that they guarantee the repair work they did last month on the Klipple pipe.  We have also asked them for reimbursement for $1,700 for the work the District did to prepare the pipe for repairs.   

 

NEXT MEETING DATE

 

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

 

 

 

-5- Minutes of Regular Board Meeting, November 12, 2002

 

ADJOURNMENT

 

Director Schlueter made a motion that the Regular Board Meeting be adjourned at 12:20 P.M., seconded by Director Blake, motion carried unanimously.