REGULAR BOARD MEETING
OCTOBER 12, 2004, 10:00 A.M.
TUMALO IRRIGATION DISTRICT
64697 COOK AVENUE
BEND, OREGON 97701
BOARD: Bill Martin, Bob Morrow, Steve Putnam, Jim Schlueter
STAFF: Elmer McDaniels, Shelby Smith, Jan Wickham, Bob Varco
ATTORNEY: Bill Hopp
ENGINEER: Kevin Crew
GUESTS: John Herlocker
Chairman Martin called the meeting to order at 10:00 A.M. and appointed Shelby Smith scribe.
APPROVAL OF MINUTES
Vice-Chairman Morrow made a motion to approve the minutes of the September 14, 2004 Regular Board Meeting and September 14, 2004 Executive Board Meeting, seconded by Director Schlueter, motion carried unanimously.
APPROVAL OF VOUCHER LIST
Director Putnam made a motion that the October 2004 Voucher List be approved, seconded by Vice-Chairman Morrow, motion carried unanimously.
JOHN HERLOCKER, CENTRAL OREGON IRRIGATION DISTRICT
Mr. Herlocker is the Assistant Manager of Central Oregon Irrigation District, and also President of the Oregon Water Resources Congress. He spoke on the issue of ownership of water rights. He said this issue was a real battle in the last legislative session, and was not resolved. At the direction of several senate members a work committee was formed, which is focusing on three areas that are driving the ownership issue: (1) voluntary cancellation and forfeiture of water rights, (2) allocation of conserved water, and (3) water transfers. The committee has crafted rules which will require the Oregon Water Resources Department to notify the districts of a voluntary cancellation and forfeiture, and the districts will be given the opportunity to protest, and the option to purchase the water before it can be forfeited. On the allocation of conserved water, they have come up with a public process where an irrigation district can adopt a policy and a process that lays out how they are going to use the conserved water. The water users will have an opportunity to discuss the policy at the annual meeting. This will allow the districts to move ahead on conservation projects. The committee feels that it has a concurrence on these two issues. On the water transfers, they have been meeting with Water for Life and Farm Bureau, two organizations that have been pushing the ownership issue. Water for Life supports the belief that the owner of the land to which the water right is appurtenant owns the water right, and should have ultimate control of the water right. The committee is working on a definition which says ownership is the right to receive and use water on the land to which it is appurtenant. OWRD currently uses injury analysis to determine whether a water transfer should be approved. The problem with injury analysis is that the analysis stops at the diversion, and doesn’t look beyond the diversion through the district through the delivery system. The committee is working on a harm analysis, which involves the district, and would include operational and economic impact. See attached copies of Water Rights Placement Policy and Memorandum of Understanding.
-2- Minutes of Regular Board Meeting, October 12, 2004
Attorney Hopp said the Board Members need to be in contact with Representative Gene Whisnant regarding these issues.
CRESCENT LAKE WATER REPORT
Manager McDaniels said that Crescent Lake has ended the season with 27,500 acre-feet, about the same as the end of the 2003 season.
VERIZON WIRELESS
Manager McDaniels said that he told Verizon Wireless the District is not interested in their offer of $650 per month, and they are still interested in making a deal with the District.
GERKING FLUME
Manager McDaniels said there are three options: (1) replace with buried pipe, (2) replace the trestle over Gerking Market Rd. and lay a pipe in the flume as it is. The problem with this option is that pipe in the flume has tremendous expansion and contraction, up to twelve feet according to the pipe company (see attached estimate for materials), or (3) replace the trestle over Gerking Market Rd. and replace all the metal as is. Manager McDaniels said Director Blake called him this morning, and said he is in favor of preserving the flume. The Board agreed that replacing the flume with buried pipe was the best option, due to safety and liability issues with the existing flume, and that Deschutes County would eventually force us to move the flume out of the County roadway. Kevin Crew said it would cost approximately $100,000 if done in-house. Bob Varco said the $100,000 would include in-house labor and equipment. Director Putnam made a motion that the District replace the flume with buried pipe, seconded by Director Schlueter, motion carried unanimously.
UTILITY TRUCK
Manager McDaniels said the new utility truck for Bob Varco should be here the week of October 25, 2004.
TUMALO FEED CANAL FISH SCREEN
Kevin Crew said some recently discovered 1994 documents say the Tumalo Feed Canal Diversion and Dam are listed by the Landmark Commission as a historic site. He and Manager McDaniels are working on this problem.
Mr. Crew said he is designing an excavation plan for the Tumalo Feed Canal fish screen site, so we can clean out the area above the dam. He said he is also looking at the Tumalo Feed Dam and the Steidel Dam to determine what needs to be done to maintain these dams. He had a retired dam inspector from the Soil and Conservation Service look at the dams. Mr. Crew said the inspector didn’t see anything that would cause an immediate crisis.
Mr. Crew said the Oregon Department of Fish and Wildlife overcommitted their fish screen fund by $1 million; therefore, they are pushing the Tumalo Feed Canal Fish Screen project to the winter of 2005-2006. They have also said they will exclude the cost of design and engineering from the $150,000 they have committed to the project.
-3- Minutes of Regular Board Meeting, October 12, 2004
BEND FEED CANAL FISH SCREEN
Mr. Crew said the screen will be ready to install this winter. This project is being done in-house. FRIMA is now requiring that we meet several criteria before they release the $40,000 they have committed to this project.
COMMISSIONERS HEARING OCTOBER 13, 2004
This hearing is for the Ann Wright Cobb property, and was postponed from a previous date.
TUMALO DIVERSION DAM
See Tumalo Feed Canal Fish Screen above.
ELECTIONS
This is to certify that Stephan L. Putnam, Director of Division 1, was duly elected by reason of sole nominating petition to the position of Director, Division 1, of the Tumalo Irrigation District. Mr. Putnam received the Certificate of Election and took the Oath of Office.
This is to certify that William F. Martin, Director of Division 3, was duly elected by reason of sole nominating petition to the position of Director, Division 3, of the Tumalo Irrigation District. Mr. Martin received the Certificate of Election and took the Oath of Office.
NEXT MEETING DATE
The next Regular Board Meeting will be Tuesday, November 9, 2004, at 10:00 A.M., at the District Office.
ADJOURNMENT
Director Schlueter made a motion that the Regular Board Meeting be adjourned at 11:30 A.M., seconded by Director Putnam, motion carried unanimously.