ANNUAL/REGULAR BOARD MEETING
JANUARY 13, 2004, 10:00 A.M.
TUMALO IRRIGATION DISTRICT
64697 COOK AVENUE
BEND, OREGON 97701
BOARD: Bill Martin, Bob Morrow, Steve Putnam, Gary Blake, Jim Schlueter
STAFF: Shelby Smith, Jan Wickham, Ken Rieck, Bob Varco
ATTORNEY: Bill Hopp
GUESTS: Greg Mohnen, Rick Williams, Marianne Walker, Gary Moss, Leo Busch, Kathy Kihara
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 December 9, 2003 Regular Board Meeting and December 9, 2003 Executive Board Meeting be approved, seconded by Vice-Chairman Morrow, motion carried unanimously.
APPROVAL OF VOUCHER LIST
Director Putnam made a motion that the January 2004 Voucher List be approved, seconded by Vice-Chairman Morrow, motion carried unanimously.
CRESCENT LAKE WATER REPORT
Manager McDaniels said that there is about 40” of snow at Crescent Lake, 123% snow/water equivalent. Crescent Lake has 32,456 acre-feet.
INSTREAM LEASES - ANNUAL OR EXTENDED LEASES, SUPPLEMENTAL WATER RIGHTS
Ms. Smith asked if the Board wanted to consider instream leases for a period of more than one year. There are advantages and disadvantages to both. An extended lease requires notification thirty days prior to the irrigation season to cancel the lease. An annual lease ties up an entire pooled lease if one party decides to cancel. The Board decided to continue with annual leases at this time.
Ms. Smith asked Attorney Hopp to talk to Bob Rice, with Oregon Water Resources Department, to determine whether only certificate numbers for supplemental rights should be listed on the lease forms, or if rate and duty for the supplemental rights should also be listed. According to Mr. Rice, our certificates have a primary storage right (the right to store) and a secondary storage right (the right to use). Our certificates allow for multiple use, and therefore, we can list the supplemental rights with rate and duty. Attorney Hopp concluded that the supplemental rights, #76683 (senior primary storage right), and #76637 (junior primary storage right) with rate and duty should be listed, to fully protect the District against loss of these rights for non-use. Manager McDaniels said we have been releasing these rights for instream leases anyway, and this should make it official.
Ms. Smith said she has not found any documents or references in the District’s minutes which state that the District will deliver all senior water rights (1900-1913) equally, which the Deschutes Resources Conservancy
-2- Minutes of Annual/Regular Board Meeting, January 13, 2004
requires in order to compensate water users who lease 1913 rights. Manager McDaniels said we could not give the DRC a guarantee that the 1961 water rights will be delivered the same as the senior water rights, because, during a short water year, they could be cut off earlier than the senior rights. Consequently, DRC will not compensate water users with 1961 rights leased instream. Director Blake suggested that the Board consider an addendum to the DRC’s Memorandum of Understanding, stating circumstances under which the District might be unable to comply with the MOU.
HIGHLINE PROJECT
Manager McDaniels said the Highline Project is dead for the 2003/2004 construction season, due to the District’s unwillingness to comply with demands made by Daniel Goldy, one of the water users involved. Marianne Walker and Gary Moss, two of the water users involved in this project, said they were not opposed to the project, but were not given enough advance notice or information to consider all aspects of the project. Manager McDaniels said the District has been working on this project for six months, and several meetings had been arranged with the various water users.
We have requested a one-year extension from the Bureau of Reclamation to use the balance of the funding, which can be used for similar pressurized projects.
CITY OF BEND, MEMORANDUM OF UNDERSTANDING
At the December Board Meeting, Roger Prowell, with the City of Bend, asked the Board to reconsider their rejection of the MOU. The Board saw no value to the District in this MOU, and let their decision stand.
BEND FEED CANAL FISH SCREEN
Manager McDaniels said he and Kevin Crew with DEA met with Mrs. McShane, who has the house right above the fish screen. She indicated that she had no problem with the project. We have a letter from Steve Marx with ODF&W, approving the design.
MULTIPLE DELIVERIES
See attached copies of letters from Robert Seliger, dated January 2, 2004, and Stephen Mahaney, dated December 24, 2003. The Board agreed that the policy does not exclude deliveries not in use, and therefore they should be charged. Mr. Mahaney asked Ms. Smith, by phone, if we could charge him for the years he does use the second delivery point, but not for those years when he doesn’t use it. Ms. Smith told him no. She will write a letter to Mr. Mahaney, telling him that he will be charged for the second delivery, unless he authorizes the District, in writing, to terminate the unused delivery point.
AWARD FROM BUREAU OF RECLAMATION, LEO BUSCH AND KATHY KIHARA
See attached News Release. Mr. Busch presented Manager McDaniels with the 2003 Commissioner’s Water Conservation Award. Bureau of Reclamation Commissioner Keyes was not able to be here, but sent Manager McDaniels his best wishes.
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ELECTION OF OFFICERS
Director Putnam nominated William Martin for Chairman to the Board for 2004, seconded by Vice-Chairman Morrow. Director Putnam made a motion that the nominations be closed, seconded by Director Schlueter, motion carried unanimously. William Martin is Chairman to the Board for 2004.
Vice-Chairman Morrow nominated Steve Putnam for Vice-Chairman to the Board for 2004. Steve Putnam declined the nomination. Director Putnam nominated Robert Morrow for Vice-Chairman to the Board, seconded by Director Blake. Director Putnam made a motion that the nominations be closed, seconded by Director Blake, motion carried unanimously. Robert Morrow is Vice-Chairman to the Board for 2004.
APPOINT SECRETARY TO THE BOARD
Director Putnam made a motion that Elmer McDaniels be appointed Secretary to the Board for 2004, seconded by Vice-Chairman Morrow, motion carried unanimously. Elmer McDaniels is Secretary to the Board for 2004.
RESOLUTION OF 2004 WATER CHARGES
See attached copy of Annual Budget Resolution and 2004 Charges. Each Board member received a copy. Chairman Martin read the Annual Budget Resolution for 2004 into the minutes. Director Putnam made a resolution that the resolution be approved as read, seconded by Vice-Chairman Morrow, resolution carried unanimously.
RESOLUTION OF 2004 BOARD MEETING FEES
Director Schlueter made a resolution that the 2004 Board meeting fees remain the same as 2003, $50.00 per meeting, maximum $100.00 per month, seconded by Director Putnam, resolution carried unanimously.
RESOLUTION OF 2004 DISTRICT FEES
See attached copy of District Fees 2003/2004. Each Board member received a copy. Director Putnam made a resolution that the 2004 District Fees be approved as submitted, seconded by Director Blake, resolution carried unanimously.
AUTHORIZATION TO TRANSFER FUNDS
Director Putnam made a motion that William Martin, Elmer McDaniels, and Shelby Smith be authorized to transfer funds from one account to another, seconded by Vice-Chairman Morrow, motion carried unanimously.
SET REGULAR BOARD MEETING DATE AND TIME
Vice-Chairman Morrow made a motion that the Regular Board Meeting be held the second Tuesday of the month, at 10:00 A.M., seconded by Director Putnam, motion carried unanimously.
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LETTER FROM ANNA SAMPSON AND MARY NUNN
See attached copy of letter from Anna Sampson and Mary Nunn, requesting permission to use water from the canal at Bull Springs Ranch, at the south side of Tumalo Reservoir, to water their horses during the Santiam Cascade Endurance Ride. Because that area is posted “no trespassing”, Manager McDaniels told them “no” by phone. Director Putnam made a motion that Manager McDaniels notify them by letter that the Board cannot approve their request, seconded by Vice-Chairman Morrow, motion carried unanimously.
STATE REPRESENTATIVE GENE WHISNANT
See attached copy of letter from Attorney Hopp, dated December 23, 2003. State Representative Whisnant is supposed to attend the March Board Meeting, after which he will tour the District.
NEXT MEETING DATE
The next Regular Board Meeting will be Tuesday, February 10, 2004, at 10:00 A.M., at the District Office.
ADJOURNMENT
Director Putnam made a motion that the Regular Board Meeting be adjourned at 11:50 A.M., seconded by Director Schlueter, motion carried unanimously.