Barnes County Water Resource District

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Barnes County Water Resource District PO Box 306 Valley City, ND 58072 701-845-8508 January 13, 2014 MEETING MINUTES PRESENT MEMBERS: Chairperson Jerry Hieb; Manager Ken Evenson; Manager Bruce Anderson; Manager Shawn Olauson; Commissioner John Froelich; Sean Fredricks Ohnstad/Twichell & Mike Opat Moore Engineering. Absent: Manager Bret Fehr Also Present: See Attached List Chairperson Hieb called the meeting to order at 9:00 a.m. Manager Evenson made a motion to accept the December 2013 minutes. Manager Anderson seconded motion. Motion approved. NEW BUSINESS Reorganization of BC Water Resource District: Linda opened election for chairperson of the water district. Manager Evenson nominated Jerry Heib for Chairperson of the BC Water Resource District. Manager Anderson asked that the nomination cease and asked that a unanimous vote be cast for Jerry Hieb as Chairperson. All Approved Chairman Hieb asked for nominations for a Vice Chairperson. Manager Olauson nominated Ken Evenson for Vice-Chairperson of the BC Water Resource District.

Manager Anderson asked that the nominations cease and asked that a unanimous vote be cast for Ken Evenson as Vice-Chairperson. All Approved. Portfolios: Ken made a motion to move Manager Anderson to Lower Sheyenne Board and move Manager Olauson to Upper Sheyenne Board. Also to leave the rest of the portfolio and board positions the same. Manager Anderson seconded. All Approved Yearly Schedule of BCWRD Meetings: Manager Olauson made a motion to accept the yearly meeting schedule. Manager Anderson seconded. Motion approved. Sanborn Lake Mike Opat informed the district that the State Water Commission was questioning the completion of the Sanborn Lake Permit. Mike informed them of our district discussing not completing permit because all easements were not completed from previous district managers. State Water Commission would like a letter from BCWRD informing them of reasons for not completing this permit, so they could dismiss the request at the state office. Discussion followed regarding the permit issue and maybe BC Commission would like to take over this easement project. Sean Fredricks said this could be a joint power agreement between the commission and water district, or else a transfer of this project from water board to county commission, so easements could still be obtained to finish State Permit process. We will put it on the February agenda for further progress. Ohnstad Twichell Law Firm and Moore Engineering Sean Fredricks handed out proposed rates for all Water Resource Districts he works with, and reviewed these rates, for attorney services for BC Water Resource District. Mike Opat came forward and handed out billing service information and explained the billing process to BC Water Resource District to review for Moore Engineering as our engineering firm. Mike introduced Josh Hassell, also with

Moore Engineering. Josh is familiar with all the projects for BCWRD and will be at monthly meetings, if Mike Opat cannot be present. Manager Bruce Anderson made a motion To enter into agreements with Moore Engineering and Ohnstad Twitchell Law for engineering and attorney services at the terms on file with the BC Water Resource District. Manager Olauson seconded motion. Motion Approved. Chairperson Jerry had a job performance appraisal for Linda McKenna, that needed to be filled in for work done for the water district and sent back to Auditors Office. Yanish Complaint David Yanish sent in a letter complaining of an area farmer that came onto his property uninvited. Complaint form was sent out to him to fill in and mail back for the district to discuss at February s meeting. Nelson/Buchholz - Sean Fredricks reported on the resolution of this complaint. The judge continued the restitution hearing and asked water district not to dismiss the complaint at this time. Manager Anderson explained what happened with the contractor for this project. Jerry also mentioned what Mary Nelson told him about the hold up. Discussion followed and nothing will be done till criminal proceedings are finalized. Burchill Retention Mike Opat had nothing really to report except for a good discussion with the Maple River Board. We will follow up with footprint maps, Mike Opat will get maps out to parties involved for their information, and have Nyle Burchill and neighbors come to February meeting. Maple/Steele Water District should take this over as they should be cost bearing of this project. A joint assessment district maybe created for this project. Joint meeting again to be set up at a later date.

Thordenskjold Drain Resolution of Necessity Sean Fredricks explained that BC Recorders office has no existing right of way on record for the drain. We will have Mike develop right of way drawings and use them to get easements for this section of land to be added to drain legally. Put on agenda for February to be discussed and hopefully resolved. 10-Mile Lake Dale Jorissen explained, to district, that this project is at a standstill till more info is obtained to proceed further. Boundries of the lake need to be known, and this information is not available or found. Manager Anderson read an email from Paul Abraham. Paul is obtaining a mailing list of all effected by the 10 Mile Lake water shed, from BC Tax Equalization, for a meeting to be set up on this project. Stutsman County Tax Equalization director has not returned Paul s calls. Paul is keeping Keith Weston informed of any project information. No bond/petition to be done at this time, until drawdown and maintenance elevation can be set and all regulating bodies can agree. Working closely with Red River Retention Authority. Hydric soils lake elevation, by a soil scientist, is planned for this spring by Red River Joint Retention Authority. We are open to any other avenue of progress suggestion engineers and from the BCWRD. All agree that nothing can be done without lake boundry information. Fox Lake No snagging and clearing is being pursued at this time, through State funding. After the equalizing of Fox Lake we are checking into Eckelson Lake situation. Discussion followed. Wes Elston is concerned that if no clearing action is taken what if they have high water problems this year. NRCS was involved during the last high water issue and it would be more of an issue with them.

Hobart Lake Josh Hassell, Moore Engineering, updated the district on this project. FEMA is waiting for some documentation info regarding operation times from Darren Bjornson, Columbia Grain Elevator Manager. This information is needed for FEMA to okay and move forward. Kathryn Dam Informational Meeting at 1:30 pm today. Snagging & Clearing was brought up by Commissioner Knutson and if the district was pursuing a project in our district. Discussion followed on this subject. BCWRD will talk with Kerry Johnson, BC Highway Superintendent, to get a map of where the areas for snagging and clearing are needed most along the Sheyenne River, south of Valley City. Industrial Builders and American Enterprises are two businesses that work on Cass County snagging and clearing projects. Jerry would like to get a little more on cost sharing and quality contractors to do this type of project. This will be a project for next winter. State Engineer can approve project if under $50,000. Jerry informed the district of a State Irrigation Water Permit that was requested, in Anderson Twp. A notice is sent to the water district where the permit is requested. Open Drain and Drain Tile New tile legislation came into effect and now permits are to go first to water resource district then districts notify State Water Commission of a permit. The only time permits need to have State involvement is if there are wetland issues.

BILLS Review of bills. Manager Olauson made a motion to approve the December bills in the amount of $7,667.30. Manager Evenson seconded motion. Motion approved with a roll call vote. Manager Fehr was absent. Manager Evenson made a motion to adjourn. Manager Olauson seconded motion. Adjourned at 11:30 am. Respectfully submitted, Linda McKenna Secretary /Treasurer Barnes County Water Resource District