KID Board Meeting Notes - October 20, 2005

Klamath Irrigation District
Board Meeting Notes
October 20, 2005

Agenda in Blue
Notes in Black

Approval of Minutes 9/8/05 ; executive session
Approval of vouchers and warrants

Old Business

Adjudication

Executive Session

2. Lawsuit/legal

a. Takings

Bill Ganong updated the board on the Takings Suit. Roger Marzulla will file a motion to certify the property rights portion of Judge Allegra’s ruling in order to file an appeal. The United States will have 28 days to respond, then Allegra will decide to hear an appeal for that portion of the suit or to wait to hear an appeal regarding the entire suit. Ganong will meet with various attorneys representing Oregon State to discuss takings issues and to ask for their support in the suit.

b. PCFFA II

Solem updated the board on the PCFFA II suit. The 9^th Circuit Court ruled that the Biological Opinion that phases in a flow schedule is arbitrary and capricious. The Department of Justice and the Pacific Legal Foundation are analyzing this decision to determine the possibility of an appeal. A response must be filed within 45 days.

c. Straits Drain; October 21

On October 25, 2005 , Solem will attend a settlement hearing on the Klamath Straits Drain suit, in Eugene . The Judge has stated that if an agreement cannot be reached, a new complaint will have to be filed.

d. NPDES permit challenge

Solem updated the board on the status of the NPDES permit issued by Oregon DEQ. Ten Oregon irrigation districts have permits. Environmental groups have challenged the validity of all the permits but KID’s and North Unit Irrigation Districts, which were not challenged due to a missed deadline. Districts continue defense efforts to maintain valid permits in order to be able to apply aquatic herbicides.

e. Bull trout

Solem reported that the U.S. Fish and Wildlife did not designate Agency Lake as critical habitat for Bull trout. Solem and Klamath Water Users Association worked on comments to keep the lake from being designated.

3. Power

The board discussed ongoing power rate renegotiations on the contract with PacifiCorp that expires April, 2006. The power committee is trying to get an extension on all the conditions of the current contract until the FERC relicensing is complete, which would extend the currant power rate.

Solem reported that California does not share in the protection of the power rate shock legislation passed in Oregon . Solem advised the board that KID’s budget would be affected by increases in Tulelake Irrigation District’s rates.

4. TMDL

Solem reported that California has decided not to participate in the Lost River TMDL process and to let the EPA write the technical TMDL.

The modeling for the Lost River TMDL, which has been paid for by EPA, indicates that Nitrogen in Lost River would have to be reduced by 90%. This criteria is unattainable when water from Klamath Lake is transported into Lost River .

a. McFarland/SWCD

The Soil and Water Conservation District has talked with Solem regarding cattle damage to a drain off Short Road . The landowner, Dan McFarland will fence his cattle off the drain. SWCD wants KID to approve a permit for a crossing and access to stock water. SWCD also wants KID to repair the drain. Solem will contact SWCD to determine if funds are available for shared cost of the repair.

5. BOR letter/O&M payments

The board discussed a request from the BOR to agree to pay an undermined amount for reimbursable expense incurred by the BOR over a number of years. The board agreed they could not consider any agreement regarding repayment until the BOR provides an itemized accounting and explanation of the total debt.

The board agreed to pay a billing from the BOR for KID’s portion of the actual O&M expense on the Reserved Works, for the years 2001, 2003, and 2004. Solem explained that 2001 was never paid due to a question of charges since water delivery was curtailed in 2001. The remaining outstanding years were never billed by the BOR. The board agreed to pay $26,210.81 of the $33,057.95 billing. KBID will pay the balance of $6,847.14.

6. Other

Solem reported that he has informed John Keyes, Commissioner of the Bureau of Reclamation, that KID is interested in taking over the operations of the Link River Dam. Solem advised the board that KID must become very aggressive on this issue if KID is to prevail.

New Business

1. Bids

a. Pipe

The board reviewed the following bids for aluminized culvert pipe and “hugger” bands:

** Heaton Steal and Supply $6,974.40

** United Pipe $6,902.67

Kerns Irrigation $6,627.28

** bid wrong bands

The board awarded the bid to the low bidder Kerns Irrigation.

b. Headgates

The board approved the payment of a preauthorized purchase of 6 turnout gates from AM Valve Company in the amount of $2,691.00.

2. 2005 Klamath Project operations

TID will continue to run well into November while KID was shut down October 15^th. D Plant is running 2 pumps and most of the water is going to the Lower Klamath Lake Wildlife Refuge.

a. Biological Opinions

No discussion.

3. Election

Solem announced that one valid petition was received for Director of zone 3 and one valid petition was received for Director of zone 4. Therefore, an election will not be required. Beginning January 1, 2006 Greg Carleton will begin a 3 year term as Director of zone 3 and Jason Chapman will begin a 3 year term as Director of zone 4. Steve Kandra and Bill Kennedy will no longer be Directors.

Steve Kandra encouraged the newly elected Directors to attend the OWRC annual conference to be held November 30, 2005 through December 2, 2005 in Hood River , Oregon .

4. Budget 2005 – 2006

The board discussed the 2006 Budget, estimated fund balances, and potential increases to budget line items. Solem will prepare a 2006 draft budget for the November meeting based on $29.00 per acre O&M plus approximately $7.00 per acre for Klamath Water User dues. The board will approve the Budget and set the 2006 rate at the November 17^th meeting.

a. Insurance

After a discussion the board agreed to sign a 3 year agreement to maintain the District’s current insurance coverage with Special Districts Association of Oregon. By signing the agreement the District will receive $8,341.00 longevity credit and Special Districts Assoc. will not increase the District’s insurance rates in 2006 and apply a 3% cap rate increase for the years 2007 and 2008.

5. Cornacchioli request/rental water

Solem reported that Anna Cornacchioli has not paid for “contracted water” on approximately 82 acres for the 2005 season. However, Cornacchioli has made a written request to include 82,94 acres of non Project ground into the District.

The board asked Solem to send a final notice for non payment of contract water to Cornacchioli, giving her 30 days to pay in full. After 30 days interest will accrue and a lien will be filed against her property. At the end of 60 days, the account will be turned over to Ganong to begin foreclosure.

6. New employee – Ken Haskins

Solem announced the hiring of a new ditch rider – Ken Haskins.

7. Other

Fred Ginestar appeared before the board to determine what the District would do to help replace a bridge crossing in the F-Canal off South Poe Valley Road . The bridge, which provides access to both Ginestar’s and his mother’s property, was destroyed when Ginestar allowed a concrete truck to cross the bridge to deliver concrete to Ginestar’s building site. Both Ginestar and his mother were advised on more than one occasion that the bridge would not withstand excess weight. After a discussion, the board agreed that the bridge was functional and that Ginestar’s action caused the bridge to be destroyed. The board advised Ginestar that he would have to replace the crossing at his expense. Solem will provide an estimate to replace the crossing with a squash pipe installation.

KID Board Meeting November 17, 2005

Oregon Water Resource Commission Meeting, KF, October 26

OWRC Annual meeting Nov 30 – Dec 2

Please direct your questions and comments about this website to the Klamath

Bucket Brigade office. Contact Us Thank you.