REGULAR BOARD MEETING
FEBRUARY 10, 2004, 10:00 A.M.
TUMALO IRRIGATION DISTRICT
64697 COOK AVENUE
BEND, OREGON 97701
BOARD: Bill Martin, Bob Morrow, Steve Putnam, Gary Blake
STAFF: Elmer McDaniels, Shelby Smith, Jan Wickham, Ken Rieck
ATTORNEY: Bill Hopp
ENGINEER: Kevin Crew
GUESTS: Greg Mohnen, Jeff Rola, Jerry Prowell
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 January 13, 2004 Annual/Regular Board Meeting and January 13, 2004 Executive Board Meeting be approved, seconded by Director Blake, motion carried unanimously.
APPROVAL OF VOUCHER LIST
Director Putnam made a motion that the February 2004 Voucher List be approved, seconded by Vice-Chairman Morrow, motion carried unanimously.
CRESCENT LAKE WATER REPORT
Manager McDaniels said that Crescent Lake has 33,566 acre-feet.
BEND FEED FISH SCREEN
Ken Rieck showed the work in progress on the Bend Feed Fish Screen project on the District’s new projector and screen. The trenching and rock removal are almost complete. We are selling the rock to Hap Taylor, and he is selling it back to us, at a discount, as gravel. The District has a forty-foot easement, into which the McShane deck extends (see attached copy of recorded easement dated August 30, 1922).
INTERDISTRICT WATER RIGHTS AGREEMENT – CENTRAL OREGON IRRIGATION DISTRICT
See attached copy of draft with Attorney Hopp’s proposed changes. Manager McDaniels, Mr. Rieck, and Ms. Smith met with John Herlocker with Central Oregon Irrigation District (COID) to discuss the proposed changes. Mr. Herlocker will take the proposed changes to COID’s attorney for review. Director Putnam made a motion that the District adopt the Interdistrict Water Rights Agreement, with the proposed changes, seconded by Director Blake, motion carried unanimously.
-2- Minutes of Regular Board Meeting, February 10, 2004
AWARD BID FOR PIPELINE 4 & 5
See attached copy of Recommendation for Award of Construction Contract, Pipeline #4 and #5 Project. Weekly Brothers was the low bidder, Pipeline #4 - $444,878.00, Pipeline #5 - $704,442.00. Attorney Hopp asked if Weekly Brothers would be willing to take $900,000 (approximately the amount the District has available for the project), and take a note for the balance. Manager McDaniels said he asked Weekly that question, and the answer was no. If they have to stop and restart the project, they will have to charge for remobilization. The Board agreed that it would be preferable to do the whole project at once. Another option is to take out a loan for the balance. Director Putnam made a motion that the contract for Pipeline #4 and #5 be awarded to Weekly Brothers, seconded by Director Blake, motion carried unanimously.
BULLETIN ARTICLE AND EDITORIAL
See attached copy of Bulletin article dated January 20, 2004, Bulletin editorial, and a draft of Attorney Hopp’s rebuttal. Manager McDaniels asked if we want to respond, or let it die. Attorney Hopp suggested that he add to the rebuttal that “the District will be cooperative if the State of Oregon will take the legal steps necessary to exchange Tumalo Creek stock water rights for Deschutes River stock water rights”. That would put the burden, including costs, on the State. Manager McDaniels said he would like to keep the Tumalo Creek rights, and take ten extra feet out of the Deschutes River when necessary. Director Blake proposed that he work with Attorney Hopp to create a rebuttal which will address the political issues, to be published before the March 8 stock run.
RATIFY LISTING AGREEMENT EXTENSION
During Manager McDaniel’s absence Gary Fowles requested a change order to extend the listing agreement for the 240 acres (see attached copy). Attorney Hopp reviewed the change order, and Chairman Martin signed it. Director Putnam made a motion that the change order be ratified, seconded by Vice-Chairman Morrow, motion carried unanimously.
DESCHUTES BASIN BOARD OF CONTROL
See attached draft of new Deschutes Basin Board of Control agreement. One of the changes is under Article IV Contributions, 1. Each District shall make an annual deposit of $500.00, and 2. Each District may deposit an additional amount or agree to contribute additional funds on a prorated basis for efforts that would be specific to certain districts or specific basins. Manager McDaniels said that Bull Trout and other issues make this agreement a good thing for the District.
See attached draft of Memorandum of Understanding Between Deschutes Basin Board of Control and Oregon Water Resources Department, Minimum Streamflow Below Bend, Oregon, with Attorney Hopp’s notes. Attorney Hopp asked why this is necessary, since the districts have been voluntarily providing minimum streamflows all along. He doesn’t oppose the concept of putting water instream, but doesn’t think it should be memorialized, because groups like Water for Life could then maintain that the districts are giving the water away, and therefore can’t be trusted. This could affect the controversy over who owns the water rights. Attorney Hopp will be meeting with the legislative committee of Oregon Water Resources Congress Friday, February 13, 2004, to discuss this agreement and the ownership issue.
-3- Minutes of Regular Board Meeting, February 10, 2004
CITY OF BEND, ROGER PROWELL
Mr. Prowell said the City of Bend and the US Forest Service are working on an agreement to find a uniformed Forest Service law enforcement person for the City of Bend, Tumalo Mountain, and Broken Top. Mr. Prowell would like this person to walk Crater Ditch weekly. Mr. Prowell said a person high up in the Oregon Snowmobile Association received a ticket for consciously driving on the wrong side of the boundary marker that separates the cross country people from the snowmobilers. The uniformed person will patrol the area 130 days out of the year, and have the authority to write tickets.
Mr. Prowell said in thirty to forty days the City of Bend is going to come out with a “request for proposal” to provide the City of Bend with x amount of water in y amount of time. They will take proposals from water rights holders in the Deschutes Basin to sell their water rights to the City of Bend, to provide the City with a consistent supply of water over a long period of time. They are looking at 1000 to 1200 acres. On-ground-acres (water rights) will be converted to mitigation credits, which the City will get at 4.5 acre-feet per on-ground-acre.
DESCHUTES SOIL & WATER CONSERVATION, JEFF ROLA
Mr. Rola said Deschutes Soil & Water Conservation and Deschutes Resources Conservancy are participating in a $7 million piping project at Squaw Creek Irrigation District.
TUMALO RESERVOIR
Manager McDaniels said he, Attorney Hopp, and Kevin Crew are meeting with Neil Bryant and a representative from Avion Water at 1:30 P.M. today, to discuss lining Tumalo Reservoir.
INSTREAM LEASES
Ms. Smith said she spoke with Jeremy Giffin and Laura Snedaker with OWRD, regarding what should be included on the instream lease forms. Bob Rice with OWRD had told Attorney Hopp that the storage rights certificates should be included. Mr. Giffin and Ms. Snedaker said only the primary and supplemental rights certificates should be included, not the storage rights certificates. Ms. Snedaker said she talked to Mr. Rice, and he said we misunderstood what he said. Ms. Snedaker said that including the primary and supplemental rights certificates should protect the District from losing the supplemental rights. A cover letter will be submitted with the leases, stating that the leases were prepared in accordance with Ms. Snedaker’s instructions. Ms. Smith said she has researched the minutes going back to 1950, and was unable to find any documents which state the District will deliver all 1900 – 1913 rights equally. Therefore, the Deschutes Resources Conservancy will probably not compensate for 1913 rights, as well as 1961 rights.
NEXT MEETING DATE
The next Regular Board Meeting will be Tuesday, March 9, 2004, at 10:00 A.M., at the District Office.
ADJOURNMENT
Director Putnam made a motion that the Regular Board Meeting be adjourned at 11:15 A.M., seconded by Vice-Chairman Morrow, motion carried unanimously.