REGULAR BOARD MEETING
FEBRUARY 13, 2007, 10:00 A.M.
TUMALO IRRIGATION DISTRICT
64697 COOK AVENUE
BEND, OREGON 97701
BOARD: Bob Morrow, Steve Putnam, Ronald Cochran, Patricia Gainsforth
STAFF: Elmer McDaniels, Cyndi Presnell, Jan Wickham, Ken Rieck, Bob Varco
ENGINEERS: Kevin Crew, Jon Burgi
GUESTS: Lisa Armstrong, Rick Silver
Vice-Chairman Morrow called the meeting to order at 10:05 A.M. and appointed Cyndi Presnell scribe.
APPROVAL OF MINUTES
Director Putnam made a motion to approve the minutes of the January 9, 2007 Annual/Regular Board Meeting and January 9, 2007 Executive Board Meeting, seconded by Director Gainsforth, motion carried unanimously.
APPROVAL OF VOUCHER LIST
Director Putnam made a motion to approve the February 2007 Voucher List, seconded by Director Gainsforth, motion carried unanimously.
CRESCENT LAKE WATER REPORT
Manager McDaniels said that Crescent Lake has 42157 acre-feet and is 49% full. Manager McDaniels said that the lake level seems to be holding steady. Assistant Manager Ken Rieck said that the snow pack (water in the snow) was below average.
SIGNATURE CARDS
Secretary/Manager McDaniels, Director Gainsforth, Director Putnam, Director Cochran and Vice Chairman Morrow signed the signature cards. The signature cards will be mailed to Chairman Martin for signature
DESCHUTES RIVER CONSERVANCY
Assistant Manager Ken Rieck said that we had approximately 9 water users whose water is in jeopardy. He explained that TID monitors (non-use of) water use using a combination of aerial photos and ditch rider observations. Director Putnam made a motion to approve signing the Water Leasing MOU from the Deschutes River Conservancy, seconded by Director Gainsforth, motion carried unanimously.
LETTER FROM CENTRAL ELECTRIC COOP
Manager McDaniels said the measure 37 claim seems to be for easements for CEC’s power lines. Guest Lisa Armstrong commented that the Deschutes County website has a more detailed map posted.
LETTERS FROM LAURA WHITE AND MR. & MRS. CONNERS AND DISTRICT RESPONSE
The Board reviewed all of the letters. No comments were made.
GROUND WATER PATRON POLICY & WATER RIGHT EXIT CONTRACT
Ground Water Patron Policy: TID has had inquiries from water users about using their surface rights to mitigate for ground water rights. Attorney Bill Hopp said that the policy was developed, in an effort to be ahead of the curve. Tumalo Irrigation District does not want to lose any of the District’s surface rights. As the District completes additional piping projects, we develop a more reliable delivery system and this becomes less of an issue. Attorney Bill Hopp thinks it is advisable to have this type of policy in place.
Water Right Exit Contract: Assistant Manager Rieck suggested that the cost seemed lower than it should be based on the current price per acre. Director Putnam raised a question concerning cancellation of supplemental rights. Attorney Hopp explained that a supplemental can not be had without a primary right.
Director Gainsforth made a motion to table the discussion, until the March 13, 2007 meeting, on the Ground Water Patron Policy and the Water Rights Exit Contract for modifications, seconded by Director Putnam, motion carried unanimously.
HOUSE BILL 496
Manager McDaniels said that Peter Carlson was trying to introduce an identical bill in the Senate. Attorney Hopp met with Congressman Walden on Saturday March 10, 2007. Attorney Hopp related that Congressman Walden’s understanding was, the House Bill would be passed with no hearings, and the Senate would adopt it. Attorney Hopp gave a brief background, explaining the inclusion of Klipple/Webber (money already spent by the District). Manager McDaniels talked about the Deschutes River Conservancy’s interest in the District’s Tumalo Feed Canal Piping Project, and their apparent ability to help fund it. Attorney Hopp discussed the benefits of the cold water on the anagromous fish. Engineer Kevin Crew mentioned that the DRC has a large interest in all of the Irrigation District piping projects in Central Oregon. The DRC benefits by using the water, conserved during piping, to preserve the river.
AMENDMENTS TO THE BY-LAWS
Director Gainsforth made a motion to amend the by-laws to read as follows: A.7.b. The Board shall hold its Annual Meeting at the District office on the second Tuesday of each January., seconded by Director Putnam, motion carried unanimously. This was the second reading of this motion.
Director Putnam made a motion to amend the by-laws to read as follows: Paragraph A.8. All District records except those exempted in ORS 192.501, 192.502 and 192.505 are open to inspection by water users at the District Office during business hours. Management or Board approval is required before District records be copied. No District records may be removed from the District Office., seconded by Director Cochran, motion carried unanimously. This was the first reading of this motion and will require a second reading at the March13, 2007 Board Meeting.
Director Cochran made a motion to amend the by-laws to read as follows: C(1) Right of Way. The District claims an easement for purposes of water transmission and maintenance in connection with all District waterways to include pipelines to the greatest extent provided by law. Identification of waterways, including piped section, shall be as represented by the map at the irrigation district office., seconded by Director Putnam, motion carried unanimously. This was the first reading of this motion and will require a second reading at the March 13, 2007 Board Meeting.
OTHER BUSINESS
Letter from Nunzie Gould – Director Putnam submitted to the Board a letter from Nunzie Gould. Director Putnam requested that it be made part of the minutes. Attorney Hopp suggested that Manager McDaniels respond to the letter.
Guest Lisa Armstrong of the Tumalo Association asked “What is Tumalo Irrigation District’s long term asset management plan?” She also said that members of the Tumalo Association are very interested in being involved in working on a long term asset management plan for the District’s assets. Lisa Armstrong then asked “What affect will the ODOT plans have on TID land value?” The members of the Tumalo Association would like TID to consider the possibility of the District land value increasing, and would like to see the District “hold on to the land” and possibly remove the current applications before Deschutes County. She also commented on the website needing some updates and mentioned that there is more noise than ever going on at the mining site. Vice-Chairman Morrow said that the property is being reclaimed and that can take up to 5 years to complete.
Kevin Crew reported on his and Manager McDaniels’ trip to the State Archive Office on Monday, February 15, 2007. They believe that they found a print of the Carey Act map signed by the Assistant Secretary of the Interior. It is being sent to a blueprint company for copies. Attorney Hopp suggested getting three copies certified.
Director Cochran questioned the District’s policy on policing the reservoir. Manager McDaniels explained that the Sheriff has made it clear to the District that the first time we let someone off the hook they will not patrol it. Bob Varco said that he will going through that area this Spring to update some of the signs.
NEXT MEETING DATE
The next Regular Board Meeting will be Tuesday, March 13, 2007, at 10:00 A.M., at the District Office.
ADJOURNMENT
Director Putnam made a motion that the Regular Board Meeting be adjourned at 11:25 A.M., seconded by Director Gainsforth, motion carried unanimously.