REGULAR BOARD MEETING
APRIL 13, 2004, 10:00 A.M.
TUMALO IRRIGATION DISTRICT
64697 COOK AVENUE
BEND, OREGON 97701
STAFF: Bill Martin, Bob Morrow, Steve Putnam, Jim Schlueter
STAFF: Elmer McDaniels, Shelby Smith, Jan Wickham, Ken Rieck
ATTORNEY: Bill Hopp
GUESTS: Representative Gene Whisnant, Anita Winkler, Kristina McNitt, Greg Mohnen, Gary Moss, Tammy Sailors
Chairman Martin called the meeting to order at 10:00 A.M. and appointed Shelby Smith scribe.
APPROVAL OF MINUTES
Vice-Chairman Morrow asked for an amendment to the minutes of the March 2, 2004 Executive Board Meeting. The minutes reflected a unanimous vote to accept the offer on 16-11-35 Tax Lot 2000, Parcel #1. Vice-Chairman Morrow voted “nay”. Director Putnam made a motion that the minutes of the March 2, 2004 Executive Board Meeting, with the above amendment, March 9, 2004 Regular Board Meeting and March 9, 2004 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 2004 Voucher List be approved, seconded by Vice-Chairman Morrow, motion carried unanimously.
CRESCENT LAKE WATER REPORT
Manager McDaniels said that Crescent Lake has 34,429 acre-feet. While the other reservoirs in the Deschutes Basin are 70% to 100% full, Crescent Lake is only 40% full. Kyle Gorman, with Oregon Water Resources Department, thinks Crescent Lake will hit 50,000 acre-feet. Director Schlueter said the drainage basin for Crescent Lake is only twelve square miles, while Wickiup and Crane Prairie’s drainage fields are two hundred and twelve square miles. The irrigation season for the District started yesterday, at 50% delivery.
BEND FEED CANAL FISH SCREEN
Ken Rieck showed pictures of the progress on the Bend Feed Canal Fish Screen. The Board complimented the District employees on the excellent job they are doing on this project.
JIM PENTZ
Ken Rieck showed pictures of the property in question, where Mr. Pentz’s wall is located on District property (see attached copy of picture and previous minutes and letters). In addition, he is watering approximately 2.0 acres of District property with his water right, which is water spreading. Attorney Hopp suggested the District lease the land to Mr. Pentz, with 2.0 acres of the Central Oregon Irrigation District water the District recently acquired. The lease agreement should cover the rent of the property, the costs of the water transfer, the costs of
-2- Minutes of Regular Board Meeting, April 13, 2004
the water rights, and the annual operation & maintenance. Director Schlueter made a motion that Attorney Hopp prepare a lease agreement, including these elements, seconded by Director Putnam, motion carried unanimously.
BEND FEED CANAL PIPELINE #4
Manager McDaniels said the Bend Feed Canal Pipeline #4 will be ready for water next week.
MEMORANDUM OF UNDERSTANDING - DESCHUTES BASIN BOARD OF CONTROL AND OREGON WATER RESOURCES DEPARTMENT
This discussion was tabled at the March 9, 2004 Regular Board Meeting. The Board feels that, since the District already gets credit for water returned instream, and with the ownership of the water rights still in question, that the District should not sign this MOU at this time. Not signing this MOU will not affect the District’s membership in the Deschutes Basin Board of Control. Director Putnam made a motion that the District not sign this MOU, seconded by Director Schlueter, motion carried unanimously.
NEWS ARTICLE – IS WATER TOO CHEAP?
See attached news article from the Wall Street Journal. This article refers to areas of California, which have a longer irrigation season, and so it is difficult to make a comparison to the Deschutes Basin.
OREGON WATER RESOURCES CONGRESS, ANITA WINKLER & KRISTINA McNITT
Ms. McNitt, a lobbyist for OWRC, spoke on some of the legislative issues OWRC is working on, including water rights ownership. Ms. Winkler, Executive Director for OWRC, provided copies of the OWRC newsletter, Water Works, and an information pamphlet on the “Notice and Concurrence Work Group” (see attached copies). This group has been formed to identify and address water use issues. Through a series of tours of the irrigation districts, the OWRC is working to educate state legislators on the issues facing water users in the state. The Central Oregon tour will be April 30, 2004.
REPRESENTATIVE GENE WHISNANT
Representative Whisnant was appointed to replace Senator Ben Westlund. Representative Whisnant attended this Board Meeting, at Attorney Hopp’s invitation, to familiarize himself with irrigation districts. A tour of the District will follow this meeting.
BULL TROUT
Manager McDaniels said the Bull Trout issue is active again. A report is available on the OWRC website. There will be a Deschutes Basin Board of Control meeting April 21, 2004, at 10:00 A.M., in Prineville, to discuss this issue.
-3- Minutes of Regular Board Meeting, April 13, 2004
WOOLSEY WATER TRANSFER
Ms. Smith said that the District has received notice from the Oregon Water Resources Department that Charles Woolsey has applied to them for a temporary water rights transfer of 3.0 acres to Joel Gisler. Mr. Woolsey applied through the District for a transfer to move this water to Mr. Gisler in 2002, but the District was unable to process the transfer, because Mr. Woolsey could not obtain a release from his mortgage company. His transfer qualified for approval from the District under all other criteria. Since the OWRD does not require a release, he has applied to them. Attorney Hopp said the District should object, because OWRD did not ask the District how this transfer would affect its ability to deliver water. The process of obtaining a transfer through OWRD without the District’s input is problematic. Ms. Smith will follow up.
WATER TRANSFERS
Parker to Vezina – 1.00 Acre Senior Rights
Walker to Walker – 21.56 Acres Senior Rights
Bodwin to Science Properties, LLC – 5.00 Acres Senior Rights
Booher to Booher – 0.16 Acre Senior Rights
Ms. Smith explained that the Parker to Vezina transfer should be approved on the contingency that the paperwork is completed. The other transfers are complete, and should pose no problems. Director Putnam made a motion that these transfers be approved, Parker to Vezina with a contingency, seconded by Director Schlueter, motion carried unanimously.
SAFE DRINKING WATER ACT
Ms. Smith asked if the Board wants the policy they instigated last year to apply this year, i.e., no water delivery without an affidavit on file for those who do not have a domestic well. They said the policy is still in effect.
OREGON WATER ENHANCEMENT BOARD
Geoff Hunington has resigned as director of OWEB. Ms. McNitt said the reasons appeared to be political.
DESCHUTES RESOURCES CONSERVANCY, DESCHUTES WATER EXCHANGE – TAMMY SAILORS
Tammy Sailors said the DRC has appointed a new director, Todd Heisler. They have started a new program for on-farm conservation through the conserved water statute. They are working with the Soil & Water Conservation District and Oregon Water Enhancement Board. Water is put instream with no loss of agricultural land.
-4- Minutes of Regular Board Meeting, April 13, 2004
NEXT MEETING DATE
The next Regular Board Meeting will be Tuesday, May 11, 2004, at 10:00 A.M., at the District Office.
ADJOURNMENT
Director Putnam made a motion that the Regular Board Meeting be adjourned at 12:00 P.M., seconded by Director Schlueter, motion carried unanimously.