Klamath Irrigation District
Annual & Regular Board Meeting Notes

January 9, 2006

 

Annual Meeting:  

Attending were Ross Fleming, Greg Carleton, Jason Chapman, and Dave Caska.  

Prior to the meeting, newly elected board members Jason Chapman (zone 3) and Greg Carleton (zone 4) took and signed their Oaths of Office.  

Fleming opened with nominations for officers of the Board and moved to elect Dave Caska as President and Ed Bair as Vice President.  The motion was seconded by Jason Chapman and passed unanimously.  Other board positions stayed the same.  Solem will stay as KID’s representative to the Klamath Water Users Association with Greg Carleton serving as alternate.  

The board agreed to the following dates for the monthly meetings:  

Feb 9th                                           June 8th                                              Oct 19th

March 9th                                       July 6th                                                Nov 9th

April 13th                                        Aug 10th                                             Dec 14th

May 11th                                        Sept 14th                                            Jan 11, 2007                         

 

Regular Meeting: 

Agenda in Blue
Notes in Black  

Approval of Minutes 12/08/05

Approval of vouchers and warrants  

Old Business  

1.              Adjudication  

Since Bill Ganong was absent, Bill Kennedy updated the board on the ongoing Klamath River Adjudication and three contest settlements pending approval of the board members participation the Joint Prosecution.  The board agreed to settle Contest #53 -Root and #67 – Thomas which follow the current criteria for Contest settlement.  The board agreed not to approve the settlement of Contest #59 – Owens because Owens has a current Contest against the Project irrigator’s claim that has not been dropped or settled.  

2.              Lawsuits/legal  

a.      Takings  

Solem updated the board saying that Judge Allegra has ruled that he will not allow an appeal on the Takings Suit without addressing the entire suit.  The United States has filed another motion for Summary Judgment.  

b.     PCFFA II:  2006 Klamath Project Operations; water bank  

Solem updated the board on the PCFFA II suit saying that the BOR has filed a motion with Judge Armstrong for a rehearing.  A court date has not yet been set.   NOAA should explain the current Coho BiOp to the District Court to keep it instead of throwing it out because reconsultation will take too long.  Irrigation should be OK for the 2006 season but 2007 is up in the air due to this lawsuit.  Supposedly, there will be a new Coho BiOp out sometime in 2008  

PCFFA filed for emergency injunctive relief with the 9th Court of Appeals while Pacific Legal Foundation redrew their re-hearing petition which made the PCFFA filing moot.  

The BOR will send out requests for proposals for the 2006 Water Bank before the end of January.  There will be more land idling and less well pumping this year.  

c.      Straits Drain; February 8 settlement hearing  

Solem reported that the December settlement hearing for the Klamath Straits Drain suit was not productive.  Proposals for settlement were submitted by the United States and Felice Pace, Klamath Forest Alliance.  Neither proposal was adopted.  The next hearing is scheduled for February in Eugene .  

3.              Power – Executive Session  

Solem updated the board on the ongoing power issues.  There has been no response from FERC to the request to extend current power rates until FERC relicensing of the Link River Dam is resolved.  The next FERC meeting is scheduled for February 2 in Sacramento , California .  

Oregon PUC has ruled that the Klamath Project power rate will go to current tariff rates and will decide how the new Oregon Shock Rate law will be administrated – just for existing installations (power meters) or will new installations be included.  New installations done after April 16th will be charged under the current tariff rate.  

California PUC has determined a rate shock agreement for California that may be considered a special condition.  KWUA is monitoring this process.  

The board authorized up to $5000 to obtain a feasibility study to develop a power generation plant on the C Canal drop above the office.  Solem will work with Ed Bair to begin the process.  

The next FERC settlement hearing is February 2 in Sacramento , California .  The board then went into Executive Session.  

4.              Audit  

The board reviewed the printout of the 2005 VISA card purchases.  

5.              Other  

Bill Kennedy was presented a “Certificate of Appreciation” and a plaque for his eight years of service on the Board of Directors.  

 

New Business  

  1.   Merrill drain

Solem reported that ODOT is ready to begin the replacement of the drain pipeline in the town of Merrill .  Due to unpredictable weather and the amount of water in the drain, it may be difficult for KID to control the drain water.  Solem will discuss the situation with Greg Carleton, and try to come up with alternatives to control the drain water.  

  1.   Piping A 2-21/2

Solem updated the board on the right-of-way problem on the A-21/2 lateral between Bristol and Hope Streets.  KID is currently piping that lateral and has discovered that approximately 300 feet of the lateral has no right-of-way or easement.  Solem will request that the developer give KID approximately a 15 foot x 60 foot easement for pipe installation and future maintenance.  Solem will gather information on the remainder of the lateral right-of-way. 

  1.   NAS/NFS Jan 13, 2:00

Solem reported that the National Academy of Science (NAS) will meet February 13th in Sacramento , California to begin a peer review on the Natural Flow Study.  Scientists on the team include river/dam/hydrology experts.  Upstream of Upper Klamath Lake diversions and irrigation practices are not included in the Natural Stream Flow Study.  On January 13th, Dave Sabo (BOR) will hold a meeting with Klamath Water Users to discuss the process and present the BOR’s presentation that will be made to the NAS on the 13th.  There is talk coming from some hydrologists that there are ‘big problems’ with the study that is not really a study at all but a model instead to predict past and future Klamath River flows.  (garbage in, garbage out)  

  1.   City of Klamath Falls bill

Solem will contact the City of Klamath Falls in an effort to resolve a 1996 and 1997 billing for weed abatement on the A Canal by Klamath Union High School .  Solem will also discuss an outstanding bill owed by the City for the installation of City drainage pipes replaced during the tunnel repair project.  

  1.   Portable generator; computer

The board pre-approved the purchase of a portable generator in the amount of $500 to $700.  

The board approved the purchase of a new Dell computer in the amount of $1,040.  

  1.   Workers Comp/OSHA

The board discussed a recent letter from OSHA.  Due to a number of recent time loss workers compensation claims, OSHA has notified KID that a safety inspection will be scheduled in the near future.  Solem may contact OSHA to schedule a voluntary inspection.  

Solem updated the board on KID employee Moschetti.  Moschetti’s October, 2005 workers compensation claim has been denied due to preexisting injuries.  Moschetti has filed an appeal.  Moschetti plans to request a full release from his doctor to return to work.  Solem will work with Special Districts Association's Risk Management attorneys until this is resolved.  

  1.   Assessment issues :  TID $38./ac

The board discussed the results of the Tulelake Irrigation District's election to increase their billing rates for O&M.  Solem will get a rate clarification from TID.  The board will discuss how the new rate will affect KID and the Oregon J Lands vs. the California D Lands, at the February meeting.  

  1.   Insurance; survey

The board reviewed the 2006 liability insurance renewal through Special Districts Association of Oregon.  The premium of $49,530 reflects a $1,200 credit for participating in a Best Practices survey.  

  1.   OWRC Jan 26 meeting

On January 26th, Anita Winkler and Christian McNitt from Oregon Water Resources Congress will visit Klamath Falls .  They want to obtain input on the organization and how it can be improved as well as what need to be done legislatively to Oregon Water Law.  Solem asked the board to contact him with their input.  

  1.   KWUA planning Jan 31 meeting

KWUA will hold a planning meeting January 31 to discuss potential changes to the organization and their by-laws.  Items to be discussed include changes in the membership base to include businesses and interested parties outside the Project.  Members choosing to pay a reduced dues rate will also be discussed.  

  1.   Henderson RR crossing

Solem updated the board on an access problem on the G Canal.  A number of years ago Rob Henderson (Hill Road) entered into an agreement with the railroad to remove a railroad crossing in return for a relocated bridge.   Henderson has allowed KID to access the G Canal over the bridge through his property.  The railroad is requiring Henderson to sign an exclusive user permit that would eliminate KID’s access.  Henderson is trying to reach an agreement with the railroad to keep KID’s access.

  1.   Other

Ten land owners requested to be excluded from the district and the board approved all.

 

 

Mid Pacific Waterusers meeting Jan 18 – 20 Reno

OWRC retreat Jan 19 – 20

KWUA Jan 31

KWUA Annual meeting Feb 8

KID Board meeting Feb 9

NAS Feb 13 - Sacramento

 

 

 

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