REGULAR BOARD MEETING
DECEMBER 14, 2004, 10:00 A.M.
TUMALO IRRIGATION DISTRICT
64697 COOK AVENUE
BEND, OREGON 97701
BOARD: Bill Martin, Bob Morrow, Steve Putnam, Jim Schlueter, Gary Blake
STAFF: Elmer McDaniels, Shelby Smith, Jan Wickham, Ken Rieck
ATTORNEY: Bill Hopp
ENGINEER: Kevin Crew
GUESTS: Jan Lee, Laura Meadors, Jeff Rola
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 November 9, 2004, 2004 Regular Board Meeting and November 9, 2004 Executive Board Meeting, seconded by Director Putnam, motion carried unanimously.
APPROVAL OF VOUCHER LIST
Director Putnam made a motion that the December 2004 Voucher List be approved, seconded by Director Blake, motion carried unanimously.
CRESCENT LAKE WATER REPORT
Manager McDaniels said that Crescent Lake has 30,343 acre-feet.
BEND FEED CANAL PROJECT – SECTION #5
Manager McDaniels said Weekly Brothers poured the inlet and outlet structures yesterday, and finished the sub-grade from Tumalo Creek up to Coats’ road. They will shut down until after the first of the year.
BEND FEED CANAL FISH SCREEN
Bob Hair, with the Oregon Department of Fish & Wildlife, will inspect the fish screen today, and hopefully will approve payment for Progress Billing #2.
SWALLEY IRRIGATION DISTRICT LAWSUIT, JAN LEE
See attached copies of lawsuit. Jan Lee, District Manager of Swalley Irrigation District, explained that the District is trying to get an answer to whether their 1891 right-of-way allows them to do proposed piping. They are hoping to pre-empt any potential lawsuits from landowners along the canal. Since Swalley ID is the plaintiff, not the defendant, the cost of the lawsuit is not covered by Special Districts. Ms. Lee asked for Tumalo ID’s support. Attorney Hopp said it is in this District’s best interest to support this effort, because it may benefit us in future piping projects. That support may come from the Board of Control or the Oregon Water Resources Congress.
-2- Minutes of Regular Board Meeting, December 14, 2004
Director Blake made a motion that Tumalo ID support Swalley ID in their pursuit of a declaratory judgment action, seconded by Director Schlueter, motion carried unanimously.
2005 WATER LEASING PROGRAM, DESCHUTES RESOURCES CONSERVANCY, LAURA MEADORS
See attached copies of letter, Memorandum of Understanding, and newsletter insert from Laura Meadors, Senior Program Manager for Deschutes Resources Conservancy. Ms. Meadors said there are no major changes to the MOU, but that it has been made more general, to expedite renewal from year to year. Attorney Hopp said under E. Roles and Responsibilities, 1. Pay Landowners (except for donated leases) to lease their Primary Water Right…, Supplemental Water Rights should be included. Director Blake suggested that under B. Definitions 10. “Primary Water Right”… should also include “Supplemental Water Right”. The Board will review the MOU, and decide whether to approve it at the January 2005 Regular Board Meeting. There is some concern that the supply of water for the 2005 irrigation season may not be sufficient to allow for leasing water in-stream.
CENTRAL OREGON IRRIGATION DISTRICT WATER EXCHANGE AGREEMENT
Manager McDaniels said that COID was rewriting this agreement to include the 16.85 acres the District recently purchased from COID. He and John Herlocker, with COID, decided that the original agreement could be amended to include the 16.85 acres. Attorney Hopp said he has a draft copy. COID’s attorney still has the draft. Director Putnam made a motion that Attorney Hopp and Manager McDaniels be authorized to approve the agreement, once finalized, seconded by Director Schlueter, motion carried unanimously.
RESOLUTION REGARDING BUREAU OF RECLAMATION GRANT
See attached copy of Resolution. Ken Rieck explained that the State of Oregon is doing aerial photos of the whole state. The District planned to purchase the photos for $2,400.00. This grant is for an irrigation mapping systems program, in which, to date, twenty-five districts are participating. Mr. Rieck said that, with a 50/50 cost share, the District’s cost will be approximately $1,200.00. Director Putnam made a resolution that the District participate in this grant, seconded by Director Schlueter, resolution carried unanimously.
OVERFLOW AT DESCHUTES RIVER RANCH
Manager McDaniels said the District dug a test pit at the pond, and hit black sand at approximately five feet, and was still in the same material at approximately twelve feet. Kevin Crew has done some research with the Department of Environmental Quality, which prohibits injecting water into the ground which is not safe to drink The pond can be enlarged to handle the overflow.
APPROVE 2005 OPERATING BUDGET
See attached copy of 2005 Operating Budget. Director Schlueter made a motion that the 2005 Operating Budget be approved, with the changes discussed at the November 9, 2004 Operating Budget Workshop, seconded by Director Putnam, motion carried unanimously.
-3- Minutes of Regular Board Meeting, December 14, 2004
OREGON WATER RESOURCES CONGRESS ANNUAL MEETING REPORT
Manager McDaniels, Attorney Hopp, Kevin Crew, and Director Schlueter attended this meeting. Director Schlueter reported on the meeting. Discussion topics included conservation, urbanization, and the Endangered Species Act.
Director Schlueter made a motion that Regular Board Meeting be recessed at 11:30 A.M., seconded by Vice-Chairman Morrow, motion carried unanimously.
Regular Board Meeting was reconvened at 12:40 P.M.
16-11-17 TAX LOT 5300
Director Putnam made a motion that the District offer this property to Tim Eggiman for $110,000, plus any fees the District has already incurred in developing this property, and any additional fees that the District may incur, ninety days to close, non-refundable earnest money of $5,000, no contingencies, seconded by Director Schlueter, motion carried unanimously.
MEETING WITH MARK LIMBAUGH, ASSISTANT COMMISSIONER, BUREAU OF RECLAMATION
Manager McDaniels said he and Attorney Hopp met with Mark Limbaugh at the OWRC Annual Meeting. Mr. Limbaugh said the Bureau supports the Tumalo Feed Canal Project, because it is a good project and fulfills their mission, but their budget is very tight.
GERKING FLUME
See attached copies of letters of support from Roy and Connie Carver and Dennis Plant for this project. Manager McDaniels met with Gardner Williams and Pam-Hately Williams, who are against the project. He told them we would be willing to leave the flume if they would give us right-of-way so we could move the pipe over, and take full responsible for any liability, including maintenance. They refused. He told them we would start taking the flume down immediately following the January 3, 2005 stock run.
2005 CAPITAL BUDGET
See attached copy of first draft dated November 30, 2004. This draft does not include the Oregon Department of Fish & Wildlife projected grant money for the balance of the Bend Feed Canal Fish Screen and the Tumalo Feed Canal Fish Screen. In addition, since both fish screens are being done in-house, the cost of labor and equipment is covered in the 2005 Operating Budget. Therefore, the projected Available Cash for Reserves of ($61,344) is inaccurate for cash flow purposes. Director Schlueter made a motion that the 2005 Capital Budget be approved, with these facts in mind, seconded by Director Blake, motion carried unanimously. Kevin Crew provided copies of a Rate Evaluation for Fiscal Year 2005 – 2025 (see attached). He suggested that the Board set a Long-Range Planning Meeting to discuss this twenty-year plan.
-4- Minutes of Regular Board Meeting, December 14, 2004
NEXT MEETING DATE
The next Regular Board Meeting will be Tuesday, January 11, 2004, at 10:00 A.M., at the District Office. The Annual Meeting will be held at the same time.
ADJOURNMENT
Director Putnam made a motion that the Regular Board Meeting be adjourned at 1:40 P.M., seconded by Vice-Chairman Morrow, motion carried unanimously.