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Water Board Meeting – July 19, 2021

Video Description:
Water Board Meeting – July 19, 2021

Note: The following is the output of transcribing from a video recording. Although the transcription, which was done with software, is largely accurate, in some cases it is incomplete or inaccurate due to inaudible passages or [software] transcription errors. It is posted as an aid to understanding the proceedings at the meeting, but should not be treated as an authoritative record.

Read along below or follow along here: https://otter.ai/u/a-SrMhKugcjNWoSjydaUtRuO0KQ

Unknown Speaker 0:00
All right.

Unknown Speaker 0:05
Go ahead and call the

Unknown Speaker 0:08
water board meeting to order

Unknown Speaker 0:11
through the wall.

Unknown Speaker 0:14
Williams, LLC pool here. Tom duster. Scott. Well, Mike here, Roger lane. Can you soon?

Unknown Speaker 0:27
there? Kevin wrote in

Unknown Speaker 0:30
a phrase, Jeff, do you hear Jason Elkins? No?

Unknown Speaker 0:35
Because Well, no.

Unknown Speaker 0:38
Here, Councilmember Martin, here.

Unknown Speaker 0:42
Great. Thank you. So item three is the approval of the previous month’s minutes. The June 21 2021. Meeting Minutes is everybody had a chance to look at those any questions, comments? Or if not, we need a motion to approve those. So the motion?

Unknown Speaker 1:02
Ellison Second.

Unknown Speaker 1:04
Any second, any further comment? Seeing none, all those in favor say aye. Aye. Opposed? Mr. Chair, I was gonna abstain from playing I wasn’t present. Okay.

Unknown Speaker 1:18
Yeah. Well, I’m sorry. I want to welcome Tom to his first meeting here too. So thank you.

Unknown Speaker 1:25
All right. So we’re on item five public invited to be heard and special presentations.

Unknown Speaker 1:33
Okay, item six agenda revisions and submission of documents. Yeah, I have a couple of just for the record.

Unknown Speaker 1:41
Chair asked me quite a while ago to hand out a straight line diagram with as a first person meeting. So you probably remember, I apologize. But I have a I have a straight line diagram for everybody that I’ll hand out later in the meeting.

Unknown Speaker 1:57
Also, when we get to Item a, I have a handout of potential change of a large supply agreement. And I’ll hand out and talk about at that point.

Unknown Speaker 2:10
Just a real quick update. Also, we just got our bond rating back from for the sale of the bonds, part of the bonds are going with the Fermi project, we got

Unknown Speaker 2:27
double A with a double A plus rating, which are really very good ratings.

Unknown Speaker 2:33
And that that has those. So that’s the last thing we need to do to get ready to sell the bonds. And so we’ll be selling those later this month. And we’ll let you know how they go and what do we get but we’re expected to use

Unknown Speaker 2:48
bloodsail because of

Unknown Speaker 2:51
moderating that. That’s everything that’s all waterboard work over the air, the staff work, it’s a good system. It’s good financing financial. So that’s good.

Unknown Speaker 3:03
That’s all great. Thank you. Good news.

Unknown Speaker 3:07
Okay, with that, Rhonda, item seven, which is the development activity, you will need to understand this report. Oh, yeah, I’m sorry.

Unknown Speaker 3:16
For what are you going to do that? Yeah. So the phone the same brain of mines was 122 CFS, with 124 year average of 300 CFS.

Unknown Speaker 3:31
The call and same brain is rough and ready ditch admin 7012 appropriation date March 13 1869. called the main stem itself plat is Springdale ditch admin 13,349 the priority date of July 19 1886. See rain basin storage at the beginning of July was at 90% braise reservoir button rock is full and we’re releasing approximately 50 CFS in the reservoir is also near pole and releasing tensive

Unknown Speaker 4:11
that’s all I officers questions. Any questions for was more status report is good you can be adaptive Absolutely.

Unknown Speaker 4:21
Something really important.

Unknown Speaker 4:27
West how many days of free reverted we ended up with ended up with

Unknown Speaker 4:33
round 44 between 45 and 55 days is a full month event so it’s actually turned out to be a pretty good run. We had the best the best basin runoff in the state. So we did we did pretty well we filled everything out that we were looking to fill out in the world basin ended up as far as storage capacity. So in total, it was around 90% for our select storage those that

Unknown Speaker 5:01
like think about button rod Pleasant Valley Macintosh union some of those that were really have a strong interest in were like 98% and so really good good What were the ones that were like it was a Pleasant Valley I think we did quite fill it we we had some capacity restriction. And we had we we tried to anticipate and run it early. There’s another small reservoir that fills on that top end of that dish and had to fill as well. But we’re we’ve got all the water in there that we really feel like we’re gonna have to have so we’re in good shape.

Unknown Speaker 5:37
Thank you.

Unknown Speaker 5:39
Sorry to skip that we’re on to item seven, which is the government activity

Unknown Speaker 5:44
museum.

Unknown Speaker 5:45
About that, Sheriff before we start this talk at item and if I can indulge all safer vote seven a on the agenda, eight lions Gaddis to provide work with four represents the golden entities, I’d like to recuse myself of the conversation in the hearing, but like that’s the

Unknown Speaker 6:06
board’s indulgence. Let me stay in the room over in the corner and listen, because we have so few dedication variances I’d like to learn so I’m not gonna say a word. That’s

Unknown Speaker 6:19
great. I do appreciate.

Unknown Speaker 6:22
So what’s in front of the board is your one Thomas final plat because the board may recall, this was in front of the board back in April. There was a slight revision of the acreage since that time, so this current cloud reflects that

Unknown Speaker 6:38
change in acreage. So early Thomas final plat is a 48.86 acre parcel located itself, Colorado State Highway 119 west and north 119.

Unknown Speaker 6:50
All historic water rights were transferred at time of annexation. Before 48.86 acres are subject to the full requirements the raw water requirement policy.

Unknown Speaker 7:01
The total raw water deficit for one Thomas final plat is 48.86 acre feet or one acre foot of water per acre of land. So early Thomas will be complies with the city’s raw water requirement policy on satisfaction of the 14.86 acre foot deficit. Final plat approval, the very bottom you’ll notice that your when Thomas final plat includes a 16.82 acre lot, and a nine acre lot identified in the US as part of Walmart’s economic development building incentive program. And its affordable housing center program respectively. And so I’m going to just briefly

Unknown Speaker 7:41
kind of show those. So Heather, I’m going to ask you just to kind of bounce to the next page. And then we’ll so there’s there’s the plan to give you a general location, I think you guys got to know we’re just

Unknown Speaker 7:52
east of kind of the

Unknown Speaker 7:56
development with we have Lowe’s and AAA all that

Unknown Speaker 8:01
undeveloped right now, east of that little turret turret out there, if you will go the next page.

Unknown Speaker 8:11
So that taught now, this is just we don’t normally would normally show this. But we wanted to help waterboard to have an understanding of what this is going to look like during this development. Because even though it’s not part of this final plat,

Unknown Speaker 8:26
pertinent to the development, overall development of the entire property, entire annex area, there’s going to be some mining and reclamation. And so again, it’s not specific, but I wanted to let you guys have an understanding what that’s going to look like. So the plat itself is speaking towards kind of that red part, square, and then the brown part below that’s kind of the area that is part of this flat.

Unknown Speaker 8:51
When they mind, they’ll be right now is looked at, there’s gonna be about seven different mindsets, a couple on the

Unknown Speaker 8:59
north side of 119, and the remainder on the south side. And then if you scroll up a little bit,

Unknown Speaker 9:06
when it’s all done, it’s anticipated, there’ll be certain remaining pawns, if you will, or the other will be reclaimed. And there’ll be some better development. So this is, this is a

Unknown Speaker 9:18
kind of a concept. It’s not set in stone, but that’s the way it’s going to look as you guys are driving through 119. You’ll see, well, careers will be the mining application out there. And then once it’s all done, it’ll look something like that. So if you want to go to the next picture.

Unknown Speaker 9:37
So, as the board may recall back in August of 2018, those of you that were here,

Unknown Speaker 9:45
one or more recommended city council approve up to 40 or 400 acre feet of the 1200 acre feet of community development incentives identified a lot about water demand evaluation to meet our mark. Just

Unknown Speaker 10:00
Walmart’s affordable housing incentive program. So as part of that, with the way we’re going to track, this is fairly simple, it’s gonna be fairly analytical, we’re going to start off the 400 acre feet. And as there’s lots that are going to be pertinent to on what’s affordable housing incentive program, we will apply that credit that was earmark, as I just described. So this is the first time that we’ve had an application of that

Unknown Speaker 10:31
credit. So when the plan gets signed, there’ll be a credit, nine acre, nine acre feet of water that’ll be debited from the original 400 acre feet. This is a lot less affordable housing. And then you’ll scroll up to the next one other.

Unknown Speaker 10:49
Similarly,

Unknown Speaker 10:52
so you started off with 1200 400 of which went to the affordable housing, the remaining 800, as we’re showing it right now is the loglines economic development incentive. So what we have here is, is that lot which I put in the Asterix of the of the report, there’s a 16.82 acre plot one acre for the deficit for a 16.82 acre foot deficit. And we’re going to subtract that from the 800 acre foot. So this will just start growing on. Now the one.

Unknown Speaker 11:23
The one point I was made for Walmart’s economic development incentive, I think you said it see it, actually, actually, maybe it’s on the next

Unknown Speaker 11:33
corner, the next page here, all the way down to the very bottom.

Unknown Speaker 11:38
So one thing I was going to make note of we’ve included the

Unknown Speaker 11:43
policies are pertinent to the raw water, affordable housing and the economic

Unknown Speaker 11:48
development and cinema don’t think it’s not relatively complex, but these are the pertinent parts to it. And for economic development, it shows you then you can read the right there, then the businesses that

Unknown Speaker 12:01
get that instead of we need to show that they’re generating annual sales and use tax revenues at least $2.5 million. And this isn’t just willy nilly give it out to anybody. And this is a as it’s been expressed, this is for digital country Costco site. And so it’s believed to be a lot of us best interest to incentivize them to build a blog. And that’s where this credits will be applied. So but again, emphasis added this, I think, twice in front of the board is truly just a normal development activity. There’s a one acre foot deficit per acre, total of 48.86 acre feet is spread into those two parts. And then the remainder will satisfy harbor guessing will be satisfied with cash in lieu payment.

Unknown Speaker 12:50
So and if there’s other questions I’ll try to work in can help answer questions and in some, some some

Unknown Speaker 12:58
possible questions on maybe also part of our further discussion on that fire supply.

Unknown Speaker 13:04
Whatever you got, so as we did,

Unknown Speaker 13:07
there’s a 25.82 acre foot credit nine acre feet for affordable housing 16.28 for economic development, and our remaining 23.04 acre foot deficit that they’d have to satisfy normally wouldn’t scratch. Is there any questions for

Unknown Speaker 13:25
me revenue, hunt anticipated revenue? How are they substantiating that what was the

Unknown Speaker 13:35
look at the barsha?

Unknown Speaker 13:38
I can

Unknown Speaker 13:40
probably answer that and and if you need me to, I’ll scrape it up packet from West springs if you want to read it and send you a link to it. But there was an extensive economic study done about

Unknown Speaker 13:58
two ways first comparables, like how much does Sam’s Club how much sales and use tax revenue does it generate? How much economic activity does it turn around? And how many, how many people those are employed. And then Costco opened up the Comodo and said, this is the economic performance of comparable stores in similar locations. And actually, the

Unknown Speaker 14:28
economic contribution to Walmart’s

Unknown Speaker 14:32
economy is just pretty staggering.

Unknown Speaker 14:37
So

Unknown Speaker 14:39
to the extent that the city manager went to great lengths to broker this deal, because we couldn’t come to terms on their on their first choice of the site.

Unknown Speaker 14:54
So it’s, it’s it’s pretty solid information and that you would send me a note on

Unknown Speaker 15:00
Either Well, is it we classify it as a conservative estimate or that I mean, that’s that 2.5 million is we already This is the minimum this necessary to be consideration

Unknown Speaker 15:14
for any development?

Unknown Speaker 15:17
Yeah.

Unknown Speaker 15:18
Just wondering how we came to the number of houses matches, I guess we’re distracted and see how it goes. But

Unknown Speaker 15:28
Ellison did you have? Yes, I did think

Unknown Speaker 15:32
I was wondering more about the excavation and then what was going to become of the looks like word for word is a part of the landmark water system once those are constructed.

Unknown Speaker 15:44
So the excavation actually predates even the annexation of the property. The city Longmont

Unknown Speaker 15:52
new even lighting remind

Unknown Speaker 15:57
property was going to be mine.

Unknown Speaker 16:00
So that Alex had the money. So basically, it’s just gonna be mined as any conditional metal mining operation. On the south side of improbable of art. They’re gonna leave a couple

Unknown Speaker 16:14
of the spec, quarries are going to

Unknown Speaker 16:19
operator and the landowner can still negotiate a little bit. ideas, they’ll be slurry light and turn into

Unknown Speaker 16:29
I guess, maybe I can probably tell it’s a better but steady

Unknown Speaker 16:35
pod that no developed around them.

Unknown Speaker 16:41
For the north side of 119, the city is

Unknown Speaker 16:46
currently negotiating with the mine operator in the land. Well, where the land owner north of 119 can prep

Unknown Speaker 16:56
golden companies South

Unknown Speaker 17:00
we’re negotiating to have that flow through wetland constructed wetland, similar to what if you’ve been out to sandstone ranch? We did out there. And I think that’s really a model for

Unknown Speaker 17:15
the reclamation,

Unknown Speaker 17:18
functional.

Unknown Speaker 17:20
reclamation.

Unknown Speaker 17:22
We’re, we’re hopeful that will happen. But that’s a safer next negotiation. And I’ll actually on the water supply agreement.

Unknown Speaker 17:34
It’s basically

Unknown Speaker 17:38
storage on the south side, do you have an estimate about how that goes?

Unknown Speaker 17:44
Potentially,

Unknown Speaker 17:45
we’ll be able to record what the acreage is on the map.

Unknown Speaker 17:49
screen and

Unknown Speaker 17:55
touch to that top left says eight acres and

Unknown Speaker 18:00
top races. But we don’t know how deep they are.

Unknown Speaker 18:08
Okay,

Unknown Speaker 18:10
for some way, the resource out there ranges between 15 and 45.

Unknown Speaker 18:14
So by the time we get to the bedrock, it’s a little different, but

Unknown Speaker 18:20
we’re looking at buying it it’s a 2550.

Unknown Speaker 18:25
With these we contemplated for a water rate for I mean, conditional Junior water rate might not be very useful, but maybe

Unknown Speaker 18:37
we’re just starting to have those conversations that I believe they will just because they’ll want to fill them up as the evaporate because of this learning.

Unknown Speaker 18:49
History, actually is a conversation with bonus ditch company, which so why is the ditch on the west side? Well, this property about a pipe system through they’ve reserved that capability to fill holes from the local ditches device in the ditch?

Unknown Speaker 19:14
I would suspect I never quite thought that.

Unknown Speaker 19:20
I know one of them has always been planned to be a storage reservoir, which I presume,

Unknown Speaker 19:26
says the plan is a bonus ditch the historic water that irrigated was worth it. Just changing those.

Unknown Speaker 19:34
You’re changing us to be able to.

Unknown Speaker 19:37
Well,

Unknown Speaker 19:42
sir, any other questions? Go ahead.

Unknown Speaker 19:46
Just so

Unknown Speaker 19:49
that tally the two tally sheets that have one for economic development and the other for Bazin, those were originally agreed upon. It looks like in 2018 there’s only

Unknown Speaker 20:00
One thing on the list. So this isn’t like something that is enormously popular and popular, it’s around word but enormously used such a, there’s some kind of competition for this water that we have to like really discuss and parse out in the best way possible. And this is really the first one on the list. And it seems like exactly right. That’s, that’s why we’re bringing this aspect of it. This is the first time we’ve applied this part of the policy is and again, it’s it’s very, it’s a fairly high standard fee to be in consideration of applying it this way. And when waterboard made their determination in 2018, they set forth that high standard, it says, if you’re going to be able and allowed to have this incentive, you’re going to have to truly bring something exceptional along, that’s what this project is proposing.

Unknown Speaker 20:50
Maybe the other thing for Tom’s with it. So I mean, the city has been trying to do kind of build out what’s the water tower, and these were put into the water demand supply demand comparison. So, you know, that’s kind of the other element of this is how much water do we develop, and also allocate water to the Affordable Housing and Economic Development. So that’s kind of better places plays and as if they were run on this, I think there’d be a question of, you’re gonna allocate more water to this sort of purpose without them bringing water than the city’s gonna have to develop on water supply.

Unknown Speaker 21:27
So that’s the other place I think this plays into the long term

Unknown Speaker 21:31
supply and demand planning.

Unknown Speaker 21:34
Share it. So what what other tally sheet are on what other spreadsheet does that 1200 acres acre foot exists? Like? So in other words, like, is that you have that reservoir somewhere? Or is that just so what are they doing have a little play in the system

Unknown Speaker 21:52
12 knows, updated 2018 will recall the future water demand evaluation. So we looked at how much water we’ll need. Luckily, Longmont, liquid, luckily, was pretty well received by the open space or other developed areas. So we pretty much know how long that’s gonna look like,

Unknown Speaker 22:13
throughout a complete planning horizon. So you know, more recent water demand future water demands, we’ve said we’re all we need to know all this area.

Unknown Speaker 22:25
So in that study, we evaluated

Unknown Speaker 22:30
a number of factors, and one of them was car about four. So

Unknown Speaker 22:38
basically, in our water planning, this water is there, through other means that enough to build up. So that’s why one of our fellows, good idea to track it. Because if we ever get close to the 1200 acre feet, which, you know, feel good or don’t feel loved and seated, but we should track it so many years down the road, if we do get if we do it that we got to think about and make decisions. To be real honest, when we did those evaluations, the way we did it was took all the water, all the land that was

Unknown Speaker 23:18
not as the deficits already met, and estimated How much could be used right now ago, affordability, and 1000s, the maximum number, so we don’t, we don’t believe will ever exceed it. If all if our if our innovation is perfect, it will feel real go over how to kind of portion it out. But it certainly

Unknown Speaker 23:46
is a second approval our way in the last few months.

Unknown Speaker 23:53
down the line, will there be more that we will have to approve on this plan other than this, one of the things change is probably not an economic development, because there’s only a few small lots left for for commercial type restaurants, residential, there might might not be some affordable housing. If this affordable housing program goes through, Portugal’s great, you know, I can’t say that for won’t be more affordable housing out there. But

Unknown Speaker 24:26
this particular piece of property we’re looking at right now, we had an approval. And once

Unknown Speaker 24:33
again, like

Unknown Speaker 24:35
it was so the print one of the primary reasons this is back before is because the acreage change and therefore the required change. So when it came through in the beginning it was a smaller plat of ground because it changed. We wanted to be sure waterworks seeing the acreage as it stood is going to be asked to be approved by Council. So have we not had that change you may not have even been necessary to come

Unknown Speaker 25:00
Back and forth in front of the board. But we want to be sure that what we’re signing off on in the pretty flat matches what what we’re seeing. So that’s the reason why we thought we thought this would be a great opportunity to expand a little bit for your whiteboards knowledge. And greater context when we talked about this was

Unknown Speaker 25:21
one question was, so this ties to the red and brown and orange versus right on the red brown

Unknown Speaker 25:29
on the road. I mean, so the the lakes you’re mentioning during the slurry wall around them, those may be want to keep them high for amenity. So does that mean down the road, they may come in with a plan for the balance of the property to the correct. And that maybe Roger for your pivot. And if they were doing economic development or low cost housing, maybe there’ll be another request. But that’s properties not included in this restaurant. I was just looking at the three color problems we had talked about and I didn’t realize the

Unknown Speaker 26:00
ethics. Okay, great.

Unknown Speaker 26:03
Anything else?

Unknown Speaker 26:05
I don’t think so. You need a recommendation by the water, it would be preferred to send recommendation. So we need a motion by the water board to recommend the council approve the water requirement as described in the memo.

Unknown Speaker 26:23
On the motion. Is there a second?

Unknown Speaker 26:26
Second, Allison seconds, a further discussion?

Unknown Speaker 26:30
Hearing none, all those in favor say aye. Aye. Opposed, okay.

Unknown Speaker 26:39
So

Unknown Speaker 26:41
we do not have anything under? We’re under nothing’s seven B’s and now we’re under a day, which is the water or the Erwin Thomas works library. Yes.

Unknown Speaker 26:54
I have two water supply agreements before you today.

Unknown Speaker 27:00
For the most part, there are therapies, we are a fairly standard water supply agreements normally see, there are a couple things though, about the history of that I need to slightly different so I wanted to highlight that. The second thing is I like to hand out

Unknown Speaker 27:27
potential change in second over agreements. It’s just all explained that when I get to the second agreement

Unknown Speaker 27:41
just to kind of give you a little bit of the history, the property that we were just looking at.

Unknown Speaker 27:55
Yeah, this is really nice.

Unknown Speaker 28:00
So this property north of Kim Pratt Boulevard is owned by the city open space

Unknown Speaker 28:09
in the Properties South has been mined is still owned by gold companies.

Unknown Speaker 28:16
If you go back in history, a little bit

Unknown Speaker 28:20
of that property was going to be mined at one time. And

Unknown Speaker 28:25
golden companies sold the property north of Kim Pratt to the county who then sold the property to Longmont. So now we own that we call it gold bars.

Unknown Speaker 28:39
Both there in the north of north of the creek. There’s a another smaller parcel. We see a therapist.

Unknown Speaker 28:49
Actually, maybe if you go into this one

Unknown Speaker 28:54
that’s Exhibit A to both agreements.

Unknown Speaker 29:03
So probably in green is this book.

Unknown Speaker 29:09
The city paid from the county

Unknown Speaker 29:13
and there’s also one small parcel north of the railroad tracks that also was waiting for my name.

Unknown Speaker 29:21
One time the tire was

Unknown Speaker 29:24
not paid for it. So we would love to have purchased proficiently cavea doesn’t go

Unknown Speaker 29:32
do the mining was already set was already permitted through the county and ready to go. So as a result,

Unknown Speaker 29:42
the mining company

Unknown Speaker 29:45
have always planned on utilizing the historical water on the property for the mining operations.

Unknown Speaker 29:54
When we acquired the property in green,

Unknown Speaker 29:58
we the city

Unknown Speaker 30:00
quired two shares of the bonus ditch company, which

Unknown Speaker 30:07
in that agreement, it was agreed that that

Unknown Speaker 30:12
water would be able to be used for mining operation.

Unknown Speaker 30:16
Those included in the overall. So So when it’s all done and over, you will skill on the water, what’s the mining and stuff.

Unknown Speaker 30:25
And then south of getting all of our while originally that bonus, the bonus water that was south of the creek

Unknown Speaker 30:37
was planned to be used for the mining operation. But then when they addix, of course, you have to dedicate all historical water to the city.

Unknown Speaker 30:46
And then consistent with our long standing policy Aloma, we do lease the historical water back to the land owner until the time that it develops.

Unknown Speaker 30:58
So there’s really two parts to the overall

Unknown Speaker 31:04
mining operation. The first part is a short term water supply. And basically they need a water supply while they’re mining both both to augment a stream depletions that occur during the time of mining but also for mining operations, dust control those type of things, we certainly wanted to keep the dust down out there, right beside our community. But also when they take the product out when they haul the sand gravel out, it necessarily takes water out perfect. Sam does sound like a lot but you know, many many truckloads every day. That’s all the water. So between all of that there is a water demand during the time of mining. So the two minute agreements, you’ll see one mining agreement will say

Unknown Speaker 32:06
called temporary water supply

Unknown Speaker 32:10
is a short term agreement

Unknown Speaker 32:14
only lasting for the extent of mine. And then the second water supply agreement is a longer term, it’s proposed to be a 20 year agreement. It will be for what’s called the reclamation, once they’re done hiding, they have to reclaim the area and any any later things. impact on the stream has to be

Unknown Speaker 32:41
replaced, the water has to be replaced to the string.

Unknown Speaker 32:44
We don’t believe there’s a lot there there is going to be a lot of water. So so but this agreement, the second agreement, the reclamation agreement, kind of is the maximum amount of water so the agreement is up to that amount. They they’re currently gold companies are negotiating with the mining company, they want to

Unknown Speaker 33:08
pretty sure they’re going to slurry wall, the pits out there. We still have to sit down city and gold companies and why mining company to determine whether I don’t know that there’ll be a slurry lining if we end up doing it as a reclaimed water. But that’s yet to be determined. But there’s there sufficient water in this project. Then you read all the mining all water has to be done by the golden age or lighting company through the process of mining and reclamation.

Unknown Speaker 33:45
After we set out on the on the second agreement, after we set out the

Unknown Speaker 33:53
copy to water pour in the recitals if you’re really doesn’t.

Unknown Speaker 33:59
Not a real big deal. But on subparagraph f of a second agreement of Reclamation, there is a

Unknown Speaker 34:07
provision there that basically describes there’s a mining lease between the two companies the mining company and Golden’s which we’re not a party to, and we’ll

Unknown Speaker 34:18
we’ll let that stand as is but both of those parties wanted

Unknown Speaker 34:24
reference in the might in the water supply agreement to their month tied to their mining lease.

Unknown Speaker 34:32
In that mighty Lisa had this first language and paragraph that

Unknown Speaker 34:37
says less or golden companies would supply all water owned by global companies for mining companies operation during the buy lease. And this is provided at least these operations are conducted in accordance with the reclamation plan. So the language I haven’t read. After we sent it out the mining company said we’re really not sure we want that language in there.

Unknown Speaker 35:00
I have been left in this kind of a later addition to the agreement.

Unknown Speaker 35:08
Un because

Unknown Speaker 35:11
the problem is it doesn’t affect the city, but one of the two parties doesn’t want to go there. So we still have to negotiate that. I wanted to highlight that. So we’ll ask the waterboard to prove these two agreements, substantially the form before yet, I don’t believe whether the language is in there out of there, as in the recital, so it’s not part of the agreement part. And B, it doesn’t change the

Unknown Speaker 35:37
content context of the agreement at all, or a water, we would provide or effect that in any way. So I believe it’s not a substantive change, whether it’s in there or not. But I just wanted to highlight it. I’ve included in the form in front of you today. But that made that change. I wanted to let you know. So is there a reclamation plan currently show those as wind reservoirs?

Unknown Speaker 36:03
shows as reservoirs? I think there’s still a discussion.

Unknown Speaker 36:09
I believe it says, I believe it’s

Unknown Speaker 36:13
reservoirs lined by slurry walls. I guess as long as as long as my concern would be if it does not reclamation plan does not show a wind reservoir, because they got a fallen for that, in in my mind, it’d be a little bit extra scary in the city that you don’t have a you’ve got a temporary lease and you get a 20 year lease, if they don’t mind means you have a perpetual obligation, right? I guess long when I’d only be obligated after 20 years. But I guess in my mind, and I don’t know, or maybe you know that if there’s a reclamation plan and show it as a wind reservoir, then it would be leasing accordance with that there’s temporary water demand versus more of a professional obligation is concerned.

Unknown Speaker 36:59
Under the mining plan, they have bonded to the city. Okay.

Unknown Speaker 37:04
South of the rail responded.

Unknown Speaker 37:09
How we line those cons, we haven’t worked with the city regarding their long term depletions is still there, I’m not worried about as much on that personally versus the board can speak into it. But on the stuff on that the city owns. I’m more worried about the credit Leone,

Unknown Speaker 37:27
that if we have an agreement with somebody on the reclamation plan, they’re bonding, everything fits together with what the agreement say that’s one concern. So privacy engineers requirements, you bond for a slurry wall until and unless an augmentation plan is approved.

Unknown Speaker 37:46
Right?

Unknown Speaker 37:48
So they’ll have a temporary

Unknown Speaker 37:53
plan is to line the pockets, right? How do we do it, because the claim line are small.

Unknown Speaker 37:59
I just want to know that they’ve got a bonding that if tied to that they’re that cost and now that obligation, such that they’re sharing cities, and they will hold one line in one shape or form. So we don’t have a president ongoing obligation that the city would somehow have to be worried about that. That’s because we’ve been pretty clear in our negotiations with them that

Unknown Speaker 38:24
we have a historical lease back for the water until we go through our record until Cullen develops until we need it. We, we can lease it back. We’ve been real clear, this water sale for 119 is never going to be part of a permanent augmentation plan, because you’re going to build

Unknown Speaker 38:46
development out there. And we need to put it in the right. And I just want to make sure that the reclamation plan kind of follows that if somebody goes

Unknown Speaker 38:55
back nice and chosen now shows one lifetime.

Unknown Speaker 38:58
However, the purpose is to bond is for a steward walk around the entire property. So until

Unknown Speaker 39:06
one are both aligned, and there’s a documentation set in place, the bond stays in place for the

Unknown Speaker 39:13
for the theory drms in this day engineer.

Unknown Speaker 39:16
Are you sick?

Unknown Speaker 39:21
Are there other questions?

Unknown Speaker 39:29
So it’s the plan to get a five years so USB port.

Unknown Speaker 39:35
Yeah, they’ll have to get a temporary substance supply plan for the term of the mind. So that’ll be the flight. I’ll be the first to do the five year agreement. You have to get a temporary substance like that. Now, that will be a separate process.

Unknown Speaker 39:50
And then if if they don’t, we’ll have to do a permanent augmentation plan afterwards. That’s the long term agreement.

Unknown Speaker 40:00
Assuming they get a storyline and assuming the statement cepsa wants to say something that that show the temporaries of the pipeline is like is before the state engineer. Permanent non is once the water core, but they wouldn’t have a permanent augmentation plan if they’re lying if they like it. And it’s exactly right. I mean, there’d be maybe the there may be some depletions that go once the lining is maybe certain things that would be longer, but I don’t think they’re a new permanent mutation, or they wind up talking about the lands that

Unknown Speaker 40:34
they should

Unknown Speaker 40:36
truly accepted by the state. The line, their water court obligation would be if they want to change water and put it into storage and that sort of thing, which I don’t that’d be the bonus ditch that they have or how that would work in terms of what water they would use, or junior priority.

Unknown Speaker 40:54
Anyway, but I think that’s how it would

Unknown Speaker 40:57
have to James administered shares for the amortization. Well, they’ve already dedicated the shares to the city and we’re in the process and we would take on the water. Yeah, we would, we would supply them

Unknown Speaker 41:10
water for 20 year period, if it’s needed, or hope we’re hoping that it’s not needed. But But I think the bonus ditch has been dedicated to the city, it’ll ultimately be used for the portable supply, because the proper recovery around the lakes, the lakes or line, so they don’t need permanent augmentation, they can file for a junior storage, right to try to fill them with that way. But that’s that’s absent the bonus ditch. I mean, namely, that’s been dedicated the city, that’s what we use for pump water, there has to be other water use fulfill them, or a junior appropriation would be held the water would work in terms of the line on?

Unknown Speaker 41:49
Yeah. Which is probably what they would do, we would use the reclamation agreement to fill in more more than likely

Unknown Speaker 41:56
filled during fremer. But that’s only a 20 year period, there’s not a perpetual city’s obligation would only be during that interim period. Right? Yeah. So there’s no professional obligation for the city to those columns for water? Correct. We’ve been real clear about that.

Unknown Speaker 42:14
So

Unknown Speaker 42:16
chalk this up as a newbie question, I suppose. But

Unknown Speaker 42:21
I mean, the the liner covers, ground groundwater losses are or is mitigation. losses, but so what we’re talking about here is like evaporative losses, for example, that would be the city’s obligation refilling after that, period. No, they if if they don’t file for a new Jr, stories, right? Or they don’t go somewhere else, at least some water, some are, then they’re podzol, basically, eventually dry up. And you know, they’re gonna, they’re gonna want to keep them fall for aesthetic reasons, because they have development around it. And so

Unknown Speaker 42:59
pretty sure they’ll eventually go File a junior water right?

Unknown Speaker 43:05
In the wind, and then what they do is they just basically filled when there’s surplus

Unknown Speaker 43:13
whenever there’s a very junior call,

Unknown Speaker 43:17
or they can, you know, they can least water other places.

Unknown Speaker 43:23
Their further questions.

Unknown Speaker 43:27
So we need a recommendation by the water board. And I guess we’ll do it in two pieces. One for the short term and one for the that’d be great. Yeah.

Unknown Speaker 43:39
And just be wise, making sure it’s substantially foreign. Because there’s always a tweak here and there. if anything changes significantly of any significance, then we will have to come back.

Unknown Speaker 43:54
Okay.

Unknown Speaker 43:56
Any further discussion? Otherwise, we need a motion and we’ll do it, I guess, will there be a temporary

Unknown Speaker 44:07
or we’re calling a temporary mining water supply agreement first. So we need a motion to recommend that for approval by sequence.

Unknown Speaker 44:19
On a motion, is there a second?

Unknown Speaker 44:27
Okay, motion a second. Further discussion?

Unknown Speaker 44:32
Hearing none, all those in favor say aye. Aye. Opposed.

Unknown Speaker 44:38
Okay. So now we’re on to the second agreement, which is water supply agreements. So this is the 40 year agreements everything. Okay.

Unknown Speaker 44:51
Once again, we need a motion to recommend approval of the water supply agreement for the earth Thomas reclamation.

Unknown Speaker 45:00
To the city council.

Unknown Speaker 45:03
For a motion, is there a second?

Unknown Speaker 45:09
motion in a second? Further discussion?

Unknown Speaker 45:13
Hearing none, all those

Unknown Speaker 45:15
questions? Is it? Is it typical to not have, for example, a little bit more certainty with respect to kind of like that?

Unknown Speaker 45:27
Of course, I understand that we’re, we’re working from a city’s perspective. Right. And so and of course, there’ll be this pond out there that potentially, there will probably be filled, probably be filled, because, you know, because the developer wants to be aesthetically appealing. Of course, the city probably has

Unknown Speaker 45:47
kind of what

Unknown Speaker 45:50
saying that in a way other than just our community,

Unknown Speaker 45:57
big wine buying time that MTS was in the middle of itself?

Unknown Speaker 46:03
Do we do we? Is it typical to have that type of uncertainty at this point in the process, I suppose? Or is it? It went from your experience can for example it?

Unknown Speaker 46:17
In other types of scenarios that you’ve been in? Has this been kind of where people are at in the process? Where we’re

Unknown Speaker 46:25
actually this is the first ever mining we’ve ever had? Yeah, if they didn’t grow mine too long. Before, this seems very strange to me in the sense that, I mean, I know that, you know, we, we have this historic mining on

Unknown Speaker 46:41
within our community, and eventually those things get kind of annexed into the community, etc. And we have all these gravel pawns around us, etc. I’m just curious. And this is, of course, the first one where it’s gonna get active, I think, cooperation within the city limits, I just wonder whether there’s just a bit more special consideration with respect to their reclamation plan, like a little bit more certainty with respect to the reclamation plan, given that it’s within the city limits at this moment, right. It’s not just something that will potentially act later, because it’s outside of our purview right. Now, no, it’s

Unknown Speaker 47:21
it’s a little bit that way, there is some certainty in that, if it were mined or reclaimed pursuits, it does have a reclamation plan approved. So if we’re mined, so a little bit of that uncertainty is because of my long, long story by asking for the, for the reclamation to be changed north, south again,

Unknown Speaker 47:44
honestly, the entire area was gonna be mine. Well, the entire north side of this

Unknown Speaker 47:51
area through here was always going to be mine all the way over. And then when Costco came in, that shifted, that Tibet mining out, which kind of put the whole reclamation plan a little bit of limbo. And so a little bit of because we’re, we’re balancing the great community interest in having the economic development and affordable housing. So that’s what kind of so that made it hard for the mining operator, who now has a much smaller line, still put this big slurry wall in. So that’s why

Unknown Speaker 48:28
we’re a little bit. So that’s why it’s a little bit different investment. And why we do have to change the money reclamation plan a little bit because we are referring. So But yeah, I would say, Yeah, I don’t know that we’ll ever have much more widely than this

Unknown Speaker 48:46
is a little does thing, we’ll try to juggle multiple competing interests here. Whether it brings up a good point, though, you’re gonna have two legs right on highway 118. That if I understand this, right, they’ve got they don’t have the permanent water supply, other than maybe a junior filing, such that, you know, those go in at some point, you know, from an aesthetic perspective, you know, live long months not obligated to provide the water long term. So they’ve got to figure it out at some point. And I think Tom brings up a good point, that development occurs all the way around the property.

Unknown Speaker 49:26
You know, does that somebody come back to the city down the road at some point and say we need permanent That isn’t what these agreements say. That’s just, I guess, a concern in the long term. And I think it’s a good point.

Unknown Speaker 49:42
So that we, I mean,

Unknown Speaker 49:46
that they are incentivized in other ways to keep those.

Unknown Speaker 49:53
The only concern though, is I’ve got a 20 year agreement with the city where they could fill them so they should

Unknown Speaker 50:00
It’d be okay, we got this 20 year agreement, we’re going to keep them full. And then is the developer gone at that point? And now what do you do with these funds down the road in terms of keeping them full? actual, there’s in the agreement, there’s a condition

Unknown Speaker 50:16
for developers turning in order to eventually

Unknown Speaker 50:20
pretty quickly, and the HOA is going to be set up, eyes wide open to take care of that.

Unknown Speaker 50:29
Well, but I just get nervous with Hoa does get it and they don’t have a good permanent water supply and you want to keep levels for somebody. It could be an issue. So I think Tom’s right. That’s a good point. as this moves through the process, and development plans come for that parcel. I think that’s something that needs to be very explicit,

Unknown Speaker 50:53
to the developer in a way that if you just have a junior, right, there may be long periods where you don’t you’re not having those, if you’re viewing those as aesthetic problems that may not turn out.

Unknown Speaker 51:05
I mean, that so that’s that’s a good point in the sense that there’s another bite at this apple, I suppose when that when that area around it gets developed, right? And so like, this isn’t the be all end all, necessarily with respect to making sure they build

Unknown Speaker 51:22
that at some point when that man does get developed it, maybe it deserves more scrutiny? Right, I think goes for,

Unknown Speaker 51:30
sir. Any other questions on this?

Unknown Speaker 51:33
verify that the second agreement indicates that it looks like the latter look section

Unknown Speaker 51:41
up 20 year term

Unknown Speaker 51:44
there,

Unknown Speaker 51:46
there is an extension. So would they be obligated? If not wanted to continue to supply? Would they be obligated to continue to pay for that? Well, they’d be obligated to take it.

Unknown Speaker 51:59
It would just give them an opportunity for the joy of opportunity.

Unknown Speaker 52:10
Okay, any other comments really up to the city whether we would be extended at that point?

Unknown Speaker 52:17
The city is currently in control by the system. So one more, I guess just one question. I’ll process when they come through. So we’re dealing with right now we got Costco and multifamily, there’s going to be a subsequent raw water, dedication, whenever they clap, right. So to Tom’s point when that flat, so that’s going to be coming back for one or more to be another point where, you know, bring that issue up. It’s not necessarily a potable water requirement, per se, but I think it is, it’s a good point of just making sure everybody’s on the same page. And there’s a lot of obligation there, especially if they’re viewing it as a static lake. They don’t have a permanent water supply currently.

Unknown Speaker 53:02
All right, so

Unknown Speaker 53:06
you got the recommendation.

Unknown Speaker 53:10
Okay. All right. So emotionally second, and that is the further discussion, any further discussion.

Unknown Speaker 53:17
All those in favor say I oppose it. Great.

Unknown Speaker 53:23
So,

Unknown Speaker 53:24
welcome back, Scott.

Unknown Speaker 53:30
So we’re on to item nine, we didn’t have any items on staff.

Unknown Speaker 53:35
items from board.

Unknown Speaker 53:38
review a major project listing the items tentatively scheduled for future board meetings.

Unknown Speaker 53:44
I guess one item is Kathy was the vice chair of the board board. So I don’t know if at some point we’re going to need to probably establish a new vice chair I guess to be reelected.

Unknown Speaker 53:58
Anything else from the board? Or inspiration?

Unknown Speaker 54:03
Okay.

Unknown Speaker 54:05
Item 11 is informational items and waterboard correspondence. Can I take you over to

Unknown Speaker 54:12
speak to those

Unknown Speaker 54:15
on

Unknown Speaker 54:17
there just copies of emails

Unknown Speaker 54:21
trying to be transparent.

Unknown Speaker 54:30
And we’re on the 12 filets cash in lieu review. That will occur next September.

Unknown Speaker 54:38
And we’re on item 14, which is an executive session

Unknown Speaker 54:44
to discuss security protocols But one must wonder system.

Unknown Speaker 54:48
So based on that we’re going to need to close the meeting.

Unknown Speaker 54:52
I don’t know whether the Executive Session usually you have for me some protocol on

Unknown Speaker 54:59
Oh

Unknown Speaker 55:00
Just Just this right, you

Unknown Speaker 55:06
generally want to

Unknown Speaker 55:09
make a motion to enter Executive Session universe limitation on our Revised Statutes, and

Unknown Speaker 55:16
I’m not the attorney for the board, so I’m not going to

Unknown Speaker 55:21
generally do a slide around

Unknown Speaker 55:24
and stay in or go out.

Unknown Speaker 55:26
Why would they? That’s a question. I think she’s part of the board. Yeah. So

Unknown Speaker 55:31
some of the one way of saying it.

Unknown Speaker 55:42
We’re gonna have, I don’t know about recording camera can stay on until we make the motion and that’s okay. Right. Well, and sometimes, whether or not it’s recorded or not, is that the recommendation?

Unknown Speaker 55:54
Okay. All right. So if you want to have something to read in terms of prior to the recommendation, based on what statute that’s my experience with

Unknown Speaker 56:04
executive session, yeah, I can I can go.

Unknown Speaker 56:09
Stab last waterboarded convene an executive session to discuss matters concerning specialized details of security protocols, law, much water system,

Unknown Speaker 56:20
primarily focused on both on cybersecurity and in the seminal role. What is this?

Unknown Speaker 56:27
We’re doing instead an executive session because all water systems security of federally controlled

Unknown Speaker 56:35
discharges. So we need a motion by the board to go into Executive Session. So there’s a motion is there a second, second? motion a second. Any further discussion? Hearing none, all those in favor say aye. Aye. So we’ll go ahead and take a break. Well, you want to turn the recording