Klamath Irrigation District
 Board Meeting Notes

June 8, 2006

 

Agenda in Blue
Notes in Black  

Approval of Minutes 5/9/06

Approval of vouchers and warrants  

 

Old Business    

1.       Adjudication  

Bill Ganong updated the Board on the Klamath River Adjudication.  The Board agreed to settle the contest with the Nature Conservancy for Goose Bay and Talana Farms with stipulations per Ganong’s recommendations.

Ganong reported that oral arguments for summary judgment will be heard June 20, 2006 on the Tribal claim on the Klamath River and Upper Klamath Lake .

Solem updated the Board on discrepancies between BOR, Project districts, and the Oregon Water Resources Department (OWRD) in the number of acres claimed in the adjudication as well as place of use and diversion points.  The Joint Prosecution attorneys will file a response with OWRD referring them to the District maps used in the adjudication claim.

2.   Lawsuits/legal

a.  Takings

Ganong updated the Board on the Klamath Takings Suit.  WE are now waiting for the United States to respond to Marzulla’s filing for the Breach of Contract portion of the suit.

b.  PCFFA II

Ganong reported that Judge Armstrong has changed a portion of her decision in the PCFFA II suit.  Armstrong will no longer require the Court to review future Biological Opinions.

Pacific Legal Foundation and the Klamath Water Users will assess the risk of appealing Armstrong’s original decision.

c.  Straits Drain

Solem reported that the deadline for settlement in the Klamath Straits Drain Suit has passed and Magistrate Coffin has not yet dismissed the suit.

d.  ONRC v. DEQ

Solem reported that the Oregon Natural Resource Commission has filed suit against Oregon Department of Environmental Quality for issuing NPDES permits to apply aquatic herbicides.  Solem is preparing a declaration for the State,

3.  Power/KWUA

The KID Board met with officials from PacifiCorp to discuss the formation of a public utility district (PUD).  PacifiCorp will not support KID in forming a PUD even if it proves to be economically feasible.

  a.  Executive Session

4.  Merrill subdivision

Dave Solem reported that developers may not continue with a subdivision located on the north side of Merrill.  The City of Merrill had contacted Solem to ask if a lateral could be relocated for a new street.

5.  Water 2025 grant application

Solem reported that the District has received a letter from the Bureau of Reclamation (BOR) requesting a break down of tasks and supplies regarding the Challenge Grant Water 2005 proposal to replace the Miller Hill Pumping Station.

6.  Lien collections/ Wirth/Burch requests

The Board reviewed the 12 landowers/$7000. on the delinquent list and discussed the status of collections of the 2006 annual charges.

The Board reviewed letters from landowners Susan Quinowski and Jeannine Wirth requesting the Board to forgive the lien fee that was applied to their accounts for nonpayment.  The Board agreed that the District’s policy had been followed and denied the requests.  Solem will contact Quinowski and Wirth to inform them of the Board’s decision.

7.      Other

None

New Business

1.      C-7-a-1 issues:  Fowler flood head; Fleming

Jim Fowler is a flood irrigator on the C-7-a-1 lateral.  If the ditch is kept high enough for Fowler to irrigate, it causes potential flooding to a potato field owned by Ross Fleming and a mint field owned by Rick Walsh.  KID will make repairs to the ditch and try to maintain safe levels in the ditch.

Approximately 10 rows of new potatoes, owned by Ross Fleming, were flooded due to a plugged crossing.  Fleming may submit a claim when he is able to determine the amount of loss.

2.      Maintenance

a.      Banyon Park ditch

Solem updated the Board on an ongoing problem of an A-3 lateral in Banyon Park subdivision off Sturdivant.  The private ditch was piped in the 1970’s by the developer when Banyon Park was subdivided and the land was excluded.  The pipe leaks causing flooding.  Solem will continue to investigate and report at the July Board meeting.

b.     Stutzer, A-7-a

A private crossing on the A-7-a lateral, owned by Lila Stutzer, is failing, causing potential flooding problems.  The District has no easement for this portion of the lateral.  Mark Stuntebeck will talk with Stutzer to discuss replacing the pipe and to arrange an agreement to cost share the project.

c.      C-4-g easement

Solem has been unable to resolve the ongoing neighborhood dispute on the C-4-g lateral on Spring Lake Road .  Solem had not been able to get easement information from the BOR.

d.     KOA undercrossing

The Klamath County Road Department had advised the District that a pipe under the A-Canal at the KOA camp ground may be failing.  Solem has been unable to get information as to installation and jurisdiction from the BOR.  Solem will continue to investigate and report at the July Board meeting.

e.      C-6

Dan Chin has upgraded a pump on the C-6 lateral (across from Mac’s Store) to a 75 HP pump.  Due to the ditch capacity this may cause supply problems for others on the ditch.  Solem will meet with Chin and Rohrbacker to discuss potential problems with supply and try to resolve these issues.

3.                  Workers Comp non-disabling limits

After a discussion, the Board agreed to renew the workers compensation insurance with Special Districts Association of Oregon (annual premium $43,451.05).  If the pending premium quote from SAIF is 20% lower, the Board will revisit this discussion.  The Board also agreed to consider paying non disabling claims up to $1,500.00.

4.                  Cell Tech request

The Board approved a request from Cell Tech, for a one day test using the remaining algae harvesting facility on the C-Canal drop.  Cell Tech will be required to provide the District with a report of the results.  Testing will determine the feasibility of harvesting daphnia for pet food.  If feasible, Cell Tech may enter into a compensation agreement with the District, to harvest daphnia from District facilities.

5.                  Employees:  Jeff Williamson, Jim Bowman

After an Executive Session, the Board agreed that extended leave without pay will be considered for two employees that will be off due to medical reasons and that they both have enough accrued leave to cover the required 120 hours to qualify for the District’s portion of the medical insurance premium paid in July for August coverage.

6.                  Reclamation O&M discussion

Earl Danowsky from Tulelake Irrigation District and Solem met with the BOR to determine the interest in developing an adjunct group to share O&M responsibilities with Project districts.  Solem will report as information develops.  Ed Bair and Dave Cacka will attend meetings with possible.

7.                  Postage meter

Solem reported that the U.S. Postal Service is requiring that all postage meters be updated to digital by December, 2006.  Solem will get comparative quotes.

8.                  Ability to pay Analysis

Solem reported that the BOR is conducting an ability-to-pay analysis for districts with the Project.  Reclamation is unable to explain the reason for the analysis.

9.                  Exclusions

The Board approved one exclusion.

10.             Other

None

 

KWUA meeting June 14

KID Board meeting July 13