March 13, 2019 District No. 2 Meeting Minutes

MINUTES Of the MEETING OF THE COMMISSIONERS Of the BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2 Terry, Montana MARCH 13, 2019 The Eleventh Regular Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the Thirteenth day of March, 2019 at 1:30 p.m. There were present and participating at the meeting: Barry Rakes Lance Kalfell Also present and participating were: Tim Kortum, Manager, and 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. The Minutes from the February 13, 2019 Board Meetings were approved without corrections and, or additions, by Lance Kalfell seconded by Barry Rakes. All in Favor. Motion Carried FINANCIAL REPORT: Pat Davis presented current budget figures which included payroll and expenditures through March to all Board members for their review. A list of invoices to be paid was submitted and forms for the Prairie County Treasurer to transfer funds in the amount of $38,746.44, to cover payroll and invoices were signed. March 15th estimated payroll: $11,280.95; March estimated invoices $15,303.03; March 31st estimated payroll: $12,162.46. Investment transfer was signed to invest the remaining monthly District No. 2 cash balances in the amount of $528,791.85 with Prairie County Pool. Warrant numbers from February 15, 2019 to March 14, 2019 range from 24954 to 24992. On a motion made by Lance Kalfell and seconded by Barry Rakes the treasurer’s report was approved. All in Favor. Motion Carried. MANAGER’S REPORT: Tim presented to the members of the Board documents for signature and/or approval, from the water rights attorney Abigail Brown. Presented was a draft of the petition to extend the Buffalo Rapids Irrigation District No. 2 boundaries and the landowner consent that was signed and notarized to include the approximate ten acres that was located outside of the District boundaries. Included also was the proposed order re setting hearing on petition to change District boundaries and requiring notice of the same. The Board also signed a resolution that was drafted by their attorney in the matter of Buffalo Rapids Irrigation District No. 2 to amend District Boundary. On a motion made by Lance Kalfell, and seconded by Barry Rakes it was Resolved to: RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2 TO AMEND DISTRICT BOUNDARY Resolution Number _2019-03_ Relating to the Lands Falling Within the Buffalo Rapids Irrigation District No. 2 Boundary but Not Included in Previous District Court Decrees WHEREAS the Buffalo Rapids Irrigation District No. 2 ("District") was formed in cooperation United States of America, Bureau of Reclamation ("BOR") under Federal Reclamation laws and irrigates certain lands with water made available through this cooperative agreement. WHEREAS the District Court of the Sixteenth Judicial District of the State of Montana, in and for the County of Prairie issued an Order in the Matter of Organization of Buffalo Rapids Irrigation District No. 2 Establishing the District boundaries on February 10, 1941 and filed with the Clerk of District Court on February 20, 1941 as Civil Case No. 1574. WHEREAS the following lands, containing approximately 10 acres, more or less, were not part of any court decree to date, but have been assessed by the District for irrigation, are susceptible of irrigation works of the District canals and water supply, and should be included as part of the District’s boundary: Diamond Ring Ranch, LLC: Township 10N, Range 49E, Custer County Section 15: E1/2E1/2, lying west of Interstate 94 (Hereinafter, “Irrigator.”) WHEREAS the lands owned by the Irrigator can be, or have previously been, served with a supply of water for irrigation from the District. The Irrigator has already consented in writing to include its land within the District Boundaries; this consent is attached hereto as Attachment 1. WHEREAS the Irrigator has no other feasible way to irrigate the above described lands except by the irrigation system and works that serve the District. WHEREAS it is beneficial to the District and the Irrigator to include the above described lands within the boundaries of the District. WHEREAS the extension of the District boundaries shall not deprive the lands already in the district of an adequate supply of water for irrigation purposes. WHEREAS extending the boundaries of the District as petitioned, does not impair or affect the District's organization or its rights in or to property or any of its rights or privileges of whatsoever kind or nature, nor does it affect, impair or discharge and contract, obligation, lien, or charge for or upon which it was or might become liable or chargeable had such change of its boundaries not been made. WHEREAS the District is comprised of 3 divisions. The Shirley Division consists of approximately 11,307 acres, of which approximately 5,051.66 are irrigated. The total irrigated acres being petitioning to include in the Shirley Division are approximately 10 acres. The Fallon Division consists of approximately 5,955 acres, of which approximately 3,225.33 are irrigated. The Terry Division consists of approximately 7,490 acres, of which approximately 3,343.72 are irrigated. No acres are being petitioned to be added to the Fallon or Terry Divisions. WHEREAS aerial photographs showing the current District boundaries of District and proposed expanded District boundaries of the Shirley Division are attached hereto as Attachment 2. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Buffalo Rapids Irrigation District No. 2 agrees that the current boundary of the District be extended so that the lands owned by the Irrigator as described above may be included in the District; that the expansion of the District boundaries are in the best interest of the District; that BOR issue its approval of this boundary extension in accordance with Mont. Code Ann. § 85-7-1821; and that upon such approval, the BOR shall make an order granting such approval to extend the boundaries of the District to include the Irrigator’s lands. All attachment aerial photographs will be included in original documents at Buffalo Rapids Irrigation District No. 2. All in Favor, Motion Carried. Mr. Kortum informed the members of the Board that the Montana Department of Transportation had sent proposed documents for review/signature pertaining to the compensation and release for the non-replacement of 30"x458' CSP Irrigation Siphon at Station 1979+83 located in Farm Unit 273 in the SE1/4SE1/4 of Section 33, T 13, R 52 E, Prairie County and for land and improvements that would eliminate the siphon in Fallon Division that supplies water to irrigated lands north of I94. The irrigated lands will be delivered water through a proposed constructed pipeline that would be bored, to eliminate the existing siphon, to better ensure water delivery in all future years. After the Board's review and much discussion the item was tabled until the next regular meeting. Tim stated that the crew has completed working on the pumps for the District and are awaiting favorable weather conditions to install the pumps and motors in the pumping plants. Tim continues to look to purchase a larger lathe that would accommodate the needs for the District. The crew has also been working on various projects in the shop to improve the quality of the working conditions and needed maintenance. Tim and all members of the Board discussed at length the proposed power contract renewal presented to the District by the Bureau of Reclamation. The meeting was adjourned on a motion by Lance Kalfell, seconded by Barry Rakes. All in Favor. Motion Carried. ATTESTED: ________________________________ ____________________________________ Tim Kortum, Secretary Barry Rakes, President