MINUTES
Of the
MEETING
OF THE COMMISSIONERS
Of the
BUFFALO
RAPIDS IRRIGATION DISTRICT NO. 2
Terry,
Montana
June 10,
2020
The
Second Regular Meeting of the members of the Buffalo Rapids Irrigation District
No. 2 at Terry, Prairie County, Montana, was held on the Tenth day of June, 2020
at 7:00 p.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.
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 & Resolution from
the May 13, 2020 Board Meeting, were approved without corrections and, or
additions, by Scott Sackman, seconded by Lance Kalfell. All in Favor. Motion Carried
FINANCIAL REPORT:
Pat Davis presented current budget
figures which included payroll and expenditures through June 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 $51,543.02 to cover payroll and invoices were signed. June
15th estimated payroll: $12,648.40 June estimated invoices $26,246.22,
June 30th estimated payroll: $12,648.40. Investment transfer was signed to invest the
remaining monthly District No. 2 cash balances in the amount of $482,306.09 with
Prairie County Pool. . In addition a transfer
authorization sheet was signed in the amount of $890.00 to transfer funds from System
Rehab Reserve account to District 2 Cash O & M-other, for expenses incurred
for the Shirley Main Canal Lining Rehabilitation Project. Warrant numbers from May 15, 2020 to June 11,
2020 range from 25751 to 25806. The treasurer's
report was approved on a motion by Lance Kalfell, seconded by Scott Sackman. All in Favor.
Motion Carried.
MANAGER’S
REPORT:
The
Operating year for 2021 assessments are set as follows. The amount per acre
will be $52.00 per acre.
O&M=$47.00
EQUIP RESERVE=$2.00
SYSTEM REHAB=$3.00
TOTAL=$52.00
Lance
Kalfell made a motion to accept the 2021 operating year assessments, seconded
by Scott Sackman. All in Favor. Motion Carried
BE IT
RESOLVED,
To assess $52.00 per acre for the
Operating year 2021 assessments for Buffalo Rapids Irrigation District No. 2.
The 2021 water overage is set as
follows for the overage fee of $18.80 per acre foot. On a motion made by Lance
Kalfell and seconded by Scott Sackman it
was RESOLVED,
2021 water overage for Buffalo
Rapids Irrigation District No. 2 will be a fee of $18.80 per acre foot.
All in Favor. Motion Carried.
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 resolution
2020-04. The proposed 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 252
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 Scott Sackman, 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 2020- 04
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 l
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.
for the County of Prairie l
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 District
Court of the Sixteenth Judicial District of the State of Montana, in and for
the County of Prairie issued and filed with the Clerk of District Court an
Order, Judgement and Decree re: Buffalo Rapids Irrigation District #2 Petition to
Change Exterior Boundary on August 20, 2019 and as Civil Case No.
DV-40-2019-0014-OC.
WHEREAS during the
District's preparation of documents to conform the place of use for its water
rights with the above-referenced 2019 Order, it was discovered that the
following lands, containing approximately 252 acres, more or less, were not
part of any court decree to date, but have been assessed by the District for
irrigation for several decades, are susceptible of irrigation works of the
District canals and water supply, and should be included as part of the District's
boundary:
Kalfell Ranch, Inc.:
Township 1 IN, Range 50E, Prairie County
Section 30: All land lying south and east
of the Northern Pacific Railway Company right-of-way and Interstate 1-94
(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.
I Prairie County is now
part of the Seventh Judicial District.
WHEREAS it is beneficial
to the District and the Irrigator to include the above described lands 
within the boundaries of the
District.
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: Shirley, Fallon, and Terry Districts. The total
irrigated acres being petitioning to include in the Shirley Division are
approximately 252 acres, 
250
of which are irrigated. No acres are being petitioned to be added to the Fallon
or Terry Divisions.
250
of which are irrigated. No acres are being petitioned to be added to the Fallon
or Terry Divisions.
WHEREAS aerial photographs showing the current
District boundaries 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.
Board
of Commissioners of Buffalo Rapids Irrigation District No. 2
RESOLUTION
ACTION RECORD
|
Resolution Type:
|
Regular
|
|
Pertaining to:
|
Boundary Extension
|
Duly adopted at a meeting
of the Board of Directors held: June
10 2020
Motion by: Scott Sackman Seconded by: Barry Rakes
ATTEST:
06/10/2020
Secretary Date
Resolution Effective
Date: 06-10-2020
Abigail R. Brown
ARB Law Group
7 West 6th Avenue,
Suite 512
Helena, MT 59601 T: (406) 457-5494 office@mtwaterlaw.com
abby_@mtwaterlaw.com
Attorney for Buffalo Rapids Irrigation District No. 2
MONTANA SEVENTH JUDICIAL DISTRICT COURT, PRAIRIE COUNTY
|
IN RE THE MATTER OF
BUFFALO RAPIDS IRRIGATION DISTRICT No. 2
|
Cause No.
DV-40-2019-0014-OC
CONSENT TO EXTENSION OF
DISTRICT BOUNDARIES
|
COMES NOW, Lance Kalfell, President of Kalfell Ranch, Inc.,
and does
hereby represent to the
Court the following:
1.
That Kalfell Ranch, Inc.
is the holder of title or evidence of title to the property which is proposed
to be included in the expansion of the boundaries of the Buffalo Rapids
Irrigation
That Kalfell Ranch, Inc.
is the holder of title or evidence of title to the property which is proposed
to be included in the expansion of the boundaries of the Buffalo Rapids
Irrigation
District No. 2
("District") and described as follows:
Township 1 IN, Range 50E, Prairie County
Section
30: PT SE'LY OF BNRR LESS HWY 11.92 AND INT 94 17.3
2.
The irrigated acreage is approximately 250 acres.
3.
Kalfell Ranch, Inc. constitutes the majority title holder and owns
more than two-thirds of the acreage petitioned to be included in the District's
boundaries.
4.
That by executing this document, Kalfell Ranch, Inc. consents to
the inclusion of its lands within the boundaries of the District upon the terms
to be fixed by the Court.
5.
That Kalfell Ranch, Inc. hereby waives personal notification of
the Public Hearing on the Petition for addition of lands to the District and
acknowledge that the publication of such
Consent to
Extension of District Boundaries
(Buffalo
Rapids Irrigation District No. 2) — Page I
Notice in the Terry Tribune and Miles City Star
will provide it will adequate notice of the time, date, and place of such
public hearing.
6.
Kalfell
Ranch, Inc. specifically executes this Consent for the purpose of seeking to
extend the boundaries of the District to include the lands described herein.
DATED
this 10th day of June 2020.
KALFELL
RANCH, INC.
SUBSCRIBED
AND SWORN TO before me this 10th day of
June 2020 by
Lance
Kalfell President of Kalfell Ranch, Inc.
 |
PATRICIA DAVIS
Notary Public for the
State of Montana
Residing at TERRY, MT
My
Commission Expires April 2, 2022
|
Consent to Extension of District
Boundaries
(Buffalo Rapids Irrigation
District No. 2) — Page 2
All attachment aerial photographs
will be included in original documents at Buffalo Rapids Irrigation District No.
2. All in Favor, Motion Carried.
Mr. Tim Kortum updated all Board Members
that the crew has taken a motor out of the Terry Pumping Plant due to vibration
and will send it to Prairie Mountain Electric for repair of the same problems
as the previous year. A motor out of the
Fallon River Pumping Plant has been sent to Mulloy Electric, in Mandan, ND, to
be rewound also. The Machine Shop has
been performing some outside work on a few smaller pumps in addition to their
regular duties. The Ditch Riders have
been spraying weeds and cleaning and painting their respective pumping plants. Tim also reported to the members of the Board
that the Shirley Canal Lining that was installed is working well and the
seepage has been greatly relieved in those problem areas.
Mr. Kortum informed the members of
the Board that there will be an Associated Facilities Review of Buffalo Rapids
Irrigation District No. 2 next week.
Representatives from the Bureau of Reclamation will be on site for approximately
two days to perform the necessary inspections.
Tim Kortum relayed to the District
No. 2 Board members that he had spoken to Scott Aspenleider, Performance
Engineering & Consulting, concerning a meeting with the District and the U.S.
Bureau of Reclamation to review the funding for the WaterSMART grant, and all
necessary requirements that it will entail.
No date has been set to date.
Mr. Tim Kortum informed the Board that
they had received correspondence from Mitch Young, MACo Defense Services,
concerning the ongoing case concerning the excavation of Drain US 49-10-I. Mr. Young, Tim Kortum, Pat Davis, and Lance Kalfell
will travel to Billings on June 26, 2020 to participate in a mediation meeting
with all involved in the issue of cleaning the drain. Tim and the Board
discussed the issue at length.
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
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