May 19, 2016 District No. 2 Meeting Minutes

MINUTES Of the MEETING OF THE COMMISSIONERS Of the BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2 Terry, Montana MAY 19, 2016 The Emergency Meeting of the Members of the Buffalo Rapids Irrigation District No.2, at Terry, Prairie County, Montana, was held on the nineteenth day of May, 2016, at 10:00 a.m. There were present and participating at the meeting: Barry Rakes Scott Sackman Lance Kalfell Also present and participating were: Tim Kortum, Secretary; Pat Davis, Treasurer. President Barry Rakes called the meeting to order, stating that all necessary and advisable business be conducted during this time and that notice had been received by each Board Member. Thereupon, President Barry Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business. Tim Kortum requested an emergency meeting of Buffalo Rapids Irrigation District No. 2 (BRID2) on site at Shirley Division construction site of the new Burlington Northern Santa Fe Railroad siding. He had previously informed the members of the Board that they had received notification from Burlington Northern Santa Fe Railroad (BNSF) that they will be construction a new siding in the Shirley Division. The new siding is designed to be placed over the Lateral 3.2 pipeline. Tim and Pat have corresponded with Ken Shurtleff of Cinnibar Construction who will be in charge of the development of the new railroad siding. Pat and Tim have emailed Mr. Shurtleff the contract between the Bureau of Reclamation and the railroad, along with depths of the pipeline. The engineer for the project has concerns with the pipeline that now runs through the existing syphon, and the depth of the pipeline. The meeting was arranged between all BRID2 Board members and BNSF and their affiliates to determine the best route of construction to accommodate the new siding. All present participated in a conference call on site with BNSF engineers, Cinnabar Engineers, TKDA engineering specialists, and Park Construction engineers. During the conference call all present discussed the best way for all involved how to move forward with the project and the options available to BRID2. The engineers are concerned that the existing pipeline would not withstand the weight of the new siding placed over top of the existing pipe. BNSF explained that they had a boring crew on site and could bore under the tracks at a reduced rate if the District wanted to do it immediately. The members of the Board and Tim explained that they thought that the depth of the existing pipeline was deep enough to withstand the rigors of the new siding and the railroad traffic that it would withstand. Tim and the District No. 2 members of the Board also explained the budget restraints that they have and that a large project like the one proposed would be a considerable financial hardship for the District. Tim stated to the engineers that the existing pipeline is of a large diameter and at a depth that he thought it may withstand the weight of the new siding. He also stated that they have other pipelines within the District that are constructed in the same fashion that run under the BNSF tracks and have not had a problem with those crossings. The representatives and affiliates of BNSF stated that they also had concerns with any liability issues in the case of the pipeline failing during the irrigation season and not being able to deliver water to the producers on the other side of the tracks, along with the damage it would cause. The engineers agreed that they could look into the feasibility of leaving the existing pipeline as is now that they had the exact depth and diameter of the pipeline. The members of the Board conferred amongst themselves and agreed to have the engineers run a feasibility scenario for leaving the pipeline as is and also to look into the costs associated with moving the pipeline. It was decided to not make any agreements at this time until the engineering reports came back to BRID2. Pat Davis gave and received phone numbers and email address for all entities involved for further correspondence. The meeting was adjourned on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor. Motion Carried. ATTESTED: ________________________________ ____________________________________ Tim Kortum, Secretary Barry Rakes, President