Agenda
in Blue
Notes in Black
Annual
Meeting
Election
of officers:
Chaska - President, Kennedy – VP, Solem – Sec/Tres, KWUA Rep –
Solem & Chaska (alt), Attorney - Ganong
Approval
of Minutes
Approval
of vouchers and warrants
Old
Business
1. Adjudication
Back
and forward on stipulation of facts with the Klamath Tribes.
We’re going to say “we’re done” since we can’t agree on many
facts.
Working
on direct testimony, will have drafts done by next Friday.
Written testimony due around March 5th then the Tribes, Gov,
KID, and other claimants have 15/20 days
to
look at everyone’s written testimony and prepare rebuttal.
Starting
April 6th, the claims hearings officer will start to hear
verbal/direct testimony in
2. Lawsuit/legal
a. Takings
Marzulla
will have a draft out today on our cross motion for summary judgment.
The
judge has asked two questions for us to answer:
1.
Define for her what is our property right
2.
Was there a taking according to the Constitution?
(thought by now these questions would be pretty well answered!)
The
government has filed a motion for “production of records” which includes
proof of our contract with Reclamation, maps of the project, proof that the
district has the ability and responsibility to
represent the landowners in the contract claims, name and address of every
landowner in the project in case of a class action suit against the government,
and copies of minutes of all district meetings.
US
does not want to get into a class action suit, not with 3,000 or more landowners
as parties to the suit.
We have an obligation to deliver water to customers per our contract – including Warren Act customers.
As
to representing the landowners, each district board has made legal resolutions.
b.
PCFFA
II: fish die-off trial
Pacific
Legal Foundation has filed a motion to dismiss the suit and there will be a
hearing on February 10 for the judge to rule.
US Dept of Justice individuals don’t want this case dismissed and will
go to trial in May if not dismissed.
Current thinking is that this case is turning into a “political
thing” to embarrass President Bush on his Klamath agenda.
Per
Keppen: Glen Spain and the Yurok Tribe are planning a demonstration about the
fish die-off sometime later this month.
c.
PCFFA
v EPA NPDES permit
Still
nothing happening in this case.
d. ONRC v BOR
BOR
is not being forthcoming with information on this case.
USF&WS has agreed to re-consult on pesticide use.
3. A-Canal Tunnel Rehabilitation Project
The
contractor lost a few days over the holidays due to weather but should have no
problem making them up. Training for
employees on working in a confined space has been completed.
Contractor
has got most of the deer bones, bicycles, and loose concrete chunks cleaned out
of the tunnel.
There has been a retaining wall built at the west portal for keeping city
street drain water out of the tunnel and pumps have been installed to remove the
drain water from the canal.
Electricians
will be stringing lights soon and concrete to fill the holes will start being
poured early next week.
Contractor
has questions about the new 6” layer of concrete.
The floor will not be level when the job is complete.
There are 6 high angle points in the old floor and the minimum pour over
them will be 5 inches.
There will be an epoxy/bonding agent applied between the old concrete and
new layer.
Contract
calls for the cost of the new concrete to be $711/yard!
4.
Henry
O’Keefe
Quick
discussion over his request for a letter from the board on releasing him from
the “Takings” suit so he can participate in the “Breach of Contract”
suit.
5. Other
New
Business
1.
Bids
– Dozer 1:00
Three
bids were received:
Central
Equipment for an 850K Case dozer - $84,948 minus $10,000 trade in – total bid
- $74,948.
Pape’
for a 650H John Deere dozer - $91,690.14 minus $10,000 trade in – total bid -
$81,690.14.
Peterson
for a D5-J Cat dozer - $92,450 minus $16,600 trade in – total bid - $75,850.
Central
Equipment was awarded the bid.
The Case dozer will be delivered within 6 weeks.
2. 2004 operations
a.
2003
BO and 2004 Operations Plan
In
meetings with the BOR, it is plain that they are planning on operating under the
2002 BO’s and requirements of the water bank will not go away even with more
winter moisture. We are insisting
that any extra water spilled through
No
projection from NRCS on the snow pack moisture levels yet, but a preliminary
report should be out next week.
b.
Water
ideas
BOR
has received several ideas for the water bank and will be coming out with their
2004 plan soon that may include some of these ideas.
An
agreement has been reached with the lower basin refuges: They are filling up the
refuges as fast as they can. This
spring, before the weather warms up and evaporation starts, they will pump the
water out and down the river. To
supply enough water for summer and fall, the refuges will be buying water from
the
In
the upper basin, Agency Ranch is also being filled and this year the water
stored on the ranch will be counted towards the water bank.
The
BOR seems to be moving away from ground idling this year and moving more towards
ground water supplies. They are
talking to the Tulelake Irrigation District about buying water from their wells
along the OR/CA border. Expect the
BOR to also contact irrigation well owners for bids on their well water.
Sabo thinks he can make the 75,000-acre feet with out too much land
idling but everything except water in Agency Ranch and well water is “pie in
the sky” water because you can’t measure flows.
c.
Settlement
discussions
Nothing
new with discussions with the adjudication with the Klamath Tribes.
There was some discussion on their “Forestry Plan.”
General consensus is that it is a lengthy “mission statement” that is
pretty general in scope with no details.
2.
Planning
The
board agreed to have a special board meeting on February 26th to
discuss long range plans for the district.
These would include specific issues like staffing, where do we go from
here, do we want to revisit getting title to the project, etc.
3.
O&M
reimbursement; Army Corps funds
Congress
has appropriated our 2001 O&M refund to the BOR’s budget for distribution
but the plan is for them to give the money to the different districts in the
project for final distribution to the landowners of record in 2001.
KID hasn’t read the wording of the appropriation yet so there are many
questions about how to proceed once the BOR sends the check.
Cecil Lesley, BOR has promised that the checks will be sent within two
weeks but KID is not holding their breaths.
Congressman
Doolittle got a bill passed funding a special program for the Army Corp of
Engineers that could send additional money to the districts.
There was very little discussion about this during the meeting –
waiting to see what’s available and what the program is about.
Comment was made that the EQUIP program was/is a bust.
4.
NPDES
permit
Discussed
during the discussion on the PCFFA v EPA.
6. 2004 budget
discussion
The
KID 2004 budget was passed out and discussed.
7.
Private
work rates
For
years, landowners in the district have been able to “hire” KID employees and
equipment for work on their land.
(Dozer, backhoe, grader, etc) KID gets approximately $5000 per year from
this program.
The per hour rates for equipment and labor were last set in 1991 and are
below current retail rates.
Discussion about raising the rates was tabled until the February meeting
so the board could find out what the current rates are.
8.
1977
Pettibone crane sale
This
is where I left the meeting.
9. Cell phone
program; ditchrider work hours; safety
10. Randy Shaw
permit; ponds
11. Steve Kandra
alteration agreement
12. Exclusions
13. Other
January 21-23 Mid-Pacific Water Users Conference,
February 5-8 Special Districts Association of
February 12 KID meeting
March 11-12 Family Farm
Special
note:
I made a
mistake in my notes from the December board meeting concerning fuel bids for
2004.
The winning
bidder was Merrilees at +$.076
Also,
during the December meeting Solem updated the board on the continuing
maintenance projects for the winter season:
1.
Pump
stations are being cleaned and repaired and pumps are being changed to a
non-petroleum based oil.
2.
Working
with the BOR, KID will install an electronic measuring device on the B-canal,
and G-canal with new radio systems that can be accessed by KID, Tulelake
Irrigation District and BOR.
3.
Several
areas are being piped with pipe provided by the BOR grant money.
4.
Cleaning
drains.
5. Pump repairs at Miller Hill.
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