April 26, 2018 District No. 2 Special Meeting Minutes

MINUTES Of the MEETING OF THE COMMISSIONERS Of the BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2 Terry, Montana April 26, 2018 The Special Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the twenty-sixth day of April, 2018 at 10:30 a.m. There were present and participating at the meeting: Barry Rakes Lance Kalfell Scott Sackman Also present and participating were: Tim Kortum, Manager, and Pat Davis, Treasurer. Davis K.W. Wilson, John McAulay, Mary McAulay. 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. The members of the Buffalo Rapids Irrigation District No. 2 Board met with John and Mary McAulay along with their attorney Mr. David K.W. Wilson of MSWD Attorneys at Law. Mr. Wilson stated the reasoning for meeting with the Board concerning the excavation of U.S. Drain 49-10-I, in Unit 219-1 that is partially within McAulay's ownership of land. Mr. Tim Kortum, Manager, explained why the District cleaned the drain and the procedures that are followed when routine maintenance is performed. Tim Kortum and Lance Kalfell explained how Buffalo Rapids Irrigation District No. 2 is responsible to maintain the drains and how they have to ensure no lands are damaged due to the District's irrigation drain water. Mr. Wilson stated that he did not believe Buffalo Rapids Irrigation District No. 2 had a legal right to clean the natural drain that is a continuation of U.S. Drain 49-10-I. Mr. Wilson and the McAulay's talked of having a wetlands expert inspect the area to determine what it would take to put the natural drain back to original. Mr. Wilson also stated that they would like a remediation for damages incurred by the District cleaning of the drain. After much discussion it was decided that Buffalo Rapids Irrigation District No. 2 will have their attorney look into the matter and await correspondence from Mr. Wilson. Mr. Wilson and the Board also discussed the acres that were added to the McAulay's irrigated land during the reclassification. Mr. McAulay stated that he did not want to be assessed for the acres that he had brought maps into the District office to be included. Tim and the Board discussed at length with Mr. McAulay and his attorney how the reclassification process worked. It was concluded that Mr. Wilson and Buffalo Rapids Irrigation District No. 2's attorney's will be in touch with each other to determine if they can resolve any issues. The meeting was adjourned on a motion by Barry Rakes, seconded by Scott Sackman. All in Favor. Motion Carried. ATTESTED: ________________________________ ____________________________________ Tim Kortum, Secretary Barry Rakes, President