CENTRAL ARIZONA WATER CONSERVATION DISTRICT - Central Arizona Project
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Agenda Number 7a
CENTRAL ARIZONA WATER CONSERVATION DISTRICT
MEETING OF THE BOARD OF DIRECTORS
March 1, 2018
A meeting of the Central Arizona Project (“CAWCD” or “CAP”) Board of Directors was called
to order by President Lisa Atkins on February 1, 2018, at 10:09 a.m. The meeting was held
at Central Arizona Project Headquarters, located at 23636 North Seventh Street, Phoenix,
Arizona, in the Board Room.
Board members present were President Lisa Atkins, Maricopa County; Alexandra Arboleda,
Maricopa County; Jennifer Brown, Maricopa County; Karen Cesare, Pima County; Terry
Goddard, Maricopa County; Jim Hartdegen, Pinal County; Jim Holway, Maricopa County; Pat
Jacobs, Pima County; Mark Lewis, Maricopa County; Heather Macre, Maricopa County;
Sharon Megdal, Pima County; Pam Pickard, Maricopa County; and Mark Taylor, Pima
County.
Staff members present were Ted Cooke, General Manager; Jay Johnson, General Counsel;
Phil Cook, Director, Technology; Brian Buzard, Director Centralized Maintenance and
Reliability; Jerry Lubash, Director, Finance & Administration; Bridget Schwartz-Manock,
Director, Public Affairs; Suzanne Ticknor, Director, Water Policy; Bonnie Stone, Director,
Employee Services; Robert Moody, Director, Field Maintenance; Ronald Lunt, Director,
Operations and Engineering; Doug Dunlap, Manager, Finance and Accounting; Ken
Seasholes, Manager, Resource Planning and Analysis; Laura Grignano, Senior Policy
Analyst, Resource Planning and Analysis; Patrick Dent, Manager, Water Control; Chuck
Cullom, Manager, Colorado River Programs; Dennis Rule, Manager, CAGRD; Mohammed
Mahmoud, Senior Policy Analyst, Colorado River Programs; Jeff Gray, Manager, Legislative
Affairs; Rhett Billingsley, Senior Attorney; Perri Benemelis, Water Supply Program Manager;
Megan Casey, Public Affairs Management Analyst; and Jennifer Miller, Board Support
Specialist.
1. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE AND SAFETY
MINUTE
Director Arboleda led the Directors and public in reciting the pledge of allegiance and
observing a moment of silence. Director Arboleda presented a Safety Minute on distracted
driving.
2. RECOGNITION OF EMPLOYEES CELEBRATING SERVICE ANNIVERSARIES
Mr. Cooke and President Atkins recognized several employees who were celebrating a
milestone anniversary. Those recognized were: 20 years – Marjorie Welzel, Timothy Gorey,
John Borquez and Robin Robertson; 30 years – Erasmo Lamas, Steven Rottas and Teri
Olsen.
3. HISTORY MOMENT TO CELEBRATE THE 50TH ANNIVERSARY OF THE BASIN
PROJECT ACT
Directors Pickard and Jacobs provided information about what happened on March 1, 1968,
when the House Subcommittee on Irrigation and Reclamation approved a compromise
version of CAP legislation. They also provided information about former Arizona Governor
Bruce Babbitt starting the pump that gave the CAP water its final push down the canal in
1985.CAWCD Board Meeting
March 1, 2018
Page 2
4. CONSIDERATION OF ACTION TO APPROVE ITEMS ON THE CONSENT AGENDA Approved
Minutes of the
On a motion (Director Megdal) and a second, the Board approved the Minutes of the February 1, 2018
February 1, 2018 Regular Meeting; the minutes of the January 31, 2018 Excess Water Regular Meeting;
Task Force Meeting; the award of a construction contract for Hassayampa Steel the minutes of
the January 31,
Discharge Manifold Relining; and approval of requisition for Fleet Vehicle purchase. 2018 Excess
Motion passed unanimously. Water Task
Force Meeting;
the award of a
5. CONSIDERATION OF ACTION TO APPROVE ITEMS REMOVED FROM THE construction
CONSENT AGENDA contract for
Hassayampa
Director Goddard and Director Taylor requested that the Agreement for Colorado River Steel Discharge
Basin Weather Modification (agenda item 4d) be removed from the consent agenda. Manifold
Relining; and
approval of
Director Taylor had concerns regarding Cloud Seeding and the commitment to an 8 year requisition for
plan. He also requested clarification on the numbers, dollars per acre foot, and looked for Fleet Vehicle
purchase.
clarification on any liability and the effectiveness of it.
Director Goddard expressed concern with the effectiveness of cloud seeding as well, and
over-saturation and flooding, other liabilities, and the dollar amount in the agreement for the
Colorado River Basin Weather Modification.
Colorado River Programs Manager Chuck Cullom reiterated that the agreement states that
the Upper Basin contributors will compete for funds from the Lower Basin contributors. The
Lower Basin would select projects and then provide funds. He also stated that CAWCD
would not carry the burden of the upper programs, but would be paying to expand their
programs. Cullom also addressed Director Goddard’s concerns regarding over-saturation
and flooding. In regards to Director Taylor’s concern about dollars per acre foot, Cullom
referred to a Wyoming study, which indicated that the estimate would equal $50 per acre
foot.
On a motion (Director Megdal) and a second, the Board approved the Agreement for Approved the
Agreement for
Colorado River Basin Weather Modification. The motion passed 13-1, with Director Colorado River
Goddard voting no. Basin Weather
Modification.
6. REPORT OF COMMITTEES AND POSSIBLE CONSIDERATION OF COMMITTEE
RECOMMENDATIONS
REPORT OF PUBLIC POLICY COMMITTEE
Director Cesare reported that the committee met prior to the regular meeting and were
given an overview of federal and state legislative issues that are of interest and affect the
CAP.
On the federal side, Cesare noted that Congress had passed another continuing resolution
to fund government through March 23. She also noted that the President released his
proposed FY 19 budget on February 12th, proposing a 13 percent reduction in the
Department of Interior and a 27 percent cut to the EPA. Director Cesare reported on the
release of the national infrastructure plan which includes $200 billion in investment in
Federal funding; a majority awarded through grants.
At the state level, Director Cesare reported that HB 2512 passed the House by a vote of
33-27 on February 21. SB 1507 is awaiting action on the floor. The board received a
handout comparing the omnibus bills.CAWCD Board Meeting
March 1, 2018
Page 3
Cesare also reported on two other bills that the Public Policy Committee has recommended
the Board take a position to monitor HB 2203 regarding wildlands fuel load watershed
protection, and seek an amendment to carve out our multi-species conservation program
lands from the bill. The Committee recommended that the Board support HB 2551 water
desalination action plan, identical to SB 1508 that the Board previously voted to support.
Adopted a
On a motion (Director Cesare) and a second (Director Pickard), the Board adopted a position on the
position on the following pending state legislation of interest to CAP: on HB 2203, following
wildlands fuel loads watershed protection, a position of MONITOR plus seek an pending state
legislation of
amendment as described; and on HB 2551, water desalination action plan, a position interest to CAP:
of SUPPORT. Motion passed unanimously. HB 2203
(MONITOR plus
seek
REPORT OF FINANCE, AUDIT AND POWER COMMITTEE amendment) and
Director Holway reported that the FAP Committee is recommending three items for the HB 2551
(SUPPORT).
Board to authorize that all relate to the 4-cent tax, or the water storage tax:
i. Consideration of Action to Approve Reimbursing Strategic Reserves for the
Federal Debt Cash Make-up Payments
ii. Consideration of Action to Approve Revised 4-cent Tax Resolution
iii. Consideration of Action to Approve Funding Decommissioning Shortfall
Director Holway summarized that item i would transfer of $44.7 million from the 4-cent tax
reserves into the strategic reserve to cover previous shortfalls in the federal repayment.
Item ii would modify previous 4-cent tax resolutions to allow 4-cent tax reserves to be used
for repayment or annual operation, maintenance, and replacement (OM&R) costs, including
underground storage for the purpose of M&I firming by the AWBA. Item iii addresses
transferring funds from the 4-cent tax reserves to cover Navajo Generating Station
decommissioning costs.
Director Taylor inquired if there had been any discussion with AWBA to address the
transfer of funds from the 4-cent tax reserves. Director Holway confirmed that discussions
had occurred, and invited Virginia O’Connell to address the Board.
Virginia O’Connell, representing AWBA, testified that the AWBA does not have a formal
position to share with the Board because the Commission had not had an opportunity to
discuss amending the past resolutions or transfer of funds for decommissioning. Ms.
O’Connell expressed concern over item ii and iii and requested that the Board postpone
action to allow time for the Commission to review. She expressed concern over acting on
the two items (ii and iii), stating that they directly impact water bank storage.
Director Megdal asked for additional clarification from staff, because there is a difference in
authorizing for water bank storage and authorizing only for water bank storage. Finance
and Accounting Manager Doug Dunlap provided clarification of agenda item ii, stating that
the previous resolutions were reserved for CAP O&M for the Water Bank. The
recommended resolution amends all previous resolutions to allow it for CAP repayment or
CAP O&M including Water Bank storage. General Manager Ted Cooke provided additional
clarification that the statute provides for the 4-cent tax to be used for O&M and repayment,
and since 2002 the Board has reserved all the 4-cent tax monies for O&M for the purposes
of firming by AWBA, then it was broadened to underground storage and then broadened
several more times to the most broad use available under the statute, and still available to
AWBA. Mr. Cooke also clarified that the Board has approved every request made by AWBA
to buy CAP water or purchase long-term storage credits.CAWCD Board Meeting March 1, 2018 Page 4 Mr. Dunlap further clarified that the second and third items (ii and iii) need to be decided in that order, because the Board would need to approve the revised 4-cent tax resolution before funding the decommissioning shortfall. Director Holway spoke to each of the three items and the previous FAP Committee meeting discussions and actions on each of the items. He recommended that item i move forward, that item ii also move forward, and item iii be deferred with no action. Director Holway requested clarification on how quickly the Board could call an emergency meeting to address item iii if the Board decided to wait on making a decision. General Counsel Johnson confirmed that the Board would be able to call a meeting with 24 hours’ notice if needed. Director Mark Lewis expressed his support to move forward with the 4-cent tax transfer (item i). Director Brown reminded the Board that the FAP Committee had addressed concerns from AWBA at their previous meeting about time needed to provide a formal position and two weeks was agreed upon. She expressed concern over the lack of progress and the risk of further delay of consideration of all three items. Director Pickard asked Ms. O’Connell to clarify that she has received all the information she needs from CAP, and that her concern is that the AWBA Commission hasn’t had an opportunity to meet and discuss the issue. Ms. O’Connell confirmed that concern, stating that the Commission would not meet until March 21, though they were informed already of the issue. Warren Tenney, representing AMWUA, spoke to the Board to address item iii. Mr. Tenney echoed previously stated concerns that there has not been enough time to allow for conversation to occur with AWBA. He clarified that he was not speaking in opposition to item iii, rather requesting it be postponed. Felix Fuller, Shonto Community Governor’s Chapter President; Lamar Keevama, Hopi – Energy and Water Team; Marie Justice, UMWA; Cliff Kaye, Village of Lower Moenkopi; Leonard Selestewa, Village of Lower Moenkopi; presented blue cards and spoke against the decommissioning funding item (iii) and expressed their concerns over the impact of the closure of Navajo Generating Station to their communities and encouraged the Board to support transitioning the plant to new owners and commit to taking power from NGS. President Atkins and Director Mark Lewis thanked the speakers for their comments. Others who submitted blue cards but did not speak were Leonard Bailey and Daryl Long, UMWA Kayenta Mine; Rosa Honani, Hopi Tribe; and Leroy Sumatzkuku, Upper Moenkopi. Director Holway suggested that the Board act on items i and ii and defer action on item iii for next month’s agenda or emergency action if necessary. In response to a question from Director Megdal, Director Holway clarified that item i does not include any change to previous resolutions, that it is just a transfer of funds. Director Jacobs commented that he opposes item ii and iii in order to allow AWBA and others time to consider the changes. Director Megdal concurred that she would like to postpone items ii and iii.
CAWCD Board Meeting
March 1, 2018
Page 5
Director Holway supports item ii because it lays the ground work for the funds to be used in
a multitude of ways, but reiterated that he prefers to wait for further discussions with AWBA
before approving item iii.
Director Mark Lewis expressed opposition to item iii.
Authorized
On a motion (Director Holway) and a second (Director Taylor), the Board authorized Reimbursing
the transfer of $44.7 million from the 4-cent tax reserves to the strategic reserves to strategic
cover previous shortfalls in the federal make-up payment. Motion passed unanimously. reserves for the
federal debt cash
makeup
On a motion (Director Brown) and a second (Director Holway), the Board approved a payments
new resolution for the 4-cent tax reserves to be used for repayment or annual (item i).
operation, maintenance, and replacement costs of the Project, including Approved
underground storage for the purpose of M&I firming by the Arizona Water Banking Revised 4-Cent
Tax Resolution
Authority. Motion passed with multiple Board members voting no. (item ii).
Director Holway stated that, as FAP Chair, he would not be making a motion in item iii. (No action taken
on item iii to fund
Having no motion on the floor, President Atkins moved to the next item on the agenda. decommissioning
shortfall.)
REPORT OF CAGRD AND UNDERGROUND STORAGE COMMITTEE
Director Megdal reported that the Committee met last month and received a report on the
Tonopah Desert Recharge Project. She reported that investigations show a more
challenging situation regarding recovery, which, due to the hydrology and water quality are
not consistent with earlier estimates on the recovery well needs, infrastructure needs and
costs.
Director Megdal also gave a brief update on the Recovery Planning Advisory Group
(RPAG), which was formed to look at issues related to actual recovery implementation. She
noted that the Committee expressed concern about the RPAG meetings being closed to the
public.
Director Megdal reported that the CAGRD Committee received a report from the Internal
Auditor, and that work is under way to figure out the way forward on the GRD conservation
program. She noted that CAGRD will not meet in March, but will meet in April.
In response to a question from Director Taylor, Resource Planning and Analysis Manager
Ken Seasholes clarified that RPAG mirrors previous efforts was convened by ADWR in
consultation with CAP and AWBA staff. The RPAG is designed to be a working group or
advisory group, and the meetings do not have formal meeting minutes and will not be open
to the public. Director Jacobs stated that he did not believe public business should be done
in closed sessions and he wanted it to be understood that this was a staff decision, not a
decision by the Board. Mr. Seasholes added that the Board’s concern about the non-public
nature of the meetings have been shared with ADWR and the group and have been
considered, but ultimately the Director will make the final decision. Director Megdal
acknowledged Director Jacobs concerns and stated it would be addressed on the CAGRD
agenda in April.
REPORT OF WATER QUALITY STANDARDS TASK FORCE
Director Arboleda reported that the Water Quality Standards Task Force last met on
February 8. She summarized the meeting, which began with a CAP Staff update on the
process and activities that the workgroup had been working on since the last meeting. The
Task Force also heard an update from Leslie Meyers from the Bureau of Reclamation, andCAWCD Board Meeting
March 1, 2018
Page 6
Warren Tenney also provided an overview of the current version of the stakeholder
proposal. Director Arboleda noted that the group has worked over several months to come
to an agreement on a proposal and have reached a consensus on most of the issues, with
one issue still outstanding.
Director Arboleda also reported that Ken Seasholes presented details on a water quality
concentration model, with the goal to develop a tool to analyze and visualize how
introduced water supplies could affect water quality in the CAP system. The Task Force
also heard from stakeholders on the points of disagreement, as well as updates from staff
on legal questions related to the Clean Water Act and Waters of the United States. The
Task Force decided to have CAP staff put together a proposal as a compromise position on
the point of disagreement. She reported that staff continues to coordinate with the
workgroup, with AMWUA and different stakeholders in that process. Dates for the next
meetings are in process, and staff will present their proposal. At the following meeting,
stakeholders will have the opportunity to respond, ask questions and provide comments.
Director Mark Lewis encouraged the Task Force to hold the standards high for water quality
to avoid adverse impacts to downstream users, and make sure CAP has the right tools in
place to monitor water quality.
REPORT OF EXCESS WATER TASK FORCE
Director Pickard reported that the committee met and unanimously approved a set of
recommendations for consideration of the full board on January 31. Two proposals were
submitted to the Task Force by AMWUA and an additional proposal from the Environmental
Defense Fund. The recommendation proposals were combined into the Excess Water
Task Force Recommendations.
Director Pickard explained that the first proposal recommended enhanced accounting,
reporting, and publication of information related to excess water, including a
recommendation for an annual meeting for staff to present the annual operating plan and
other relevant information, and quarterly updates by the staff to the board on activities
related to excess water. The second recommended that the Task Force convene a
stakeholder process in mid-2018 to update and expand the scope of the Board’s Access to
Excess Policy.
Director Mark Lewis expressed his concerns that the recommendations will constrain CAP’s
ability to be flexible water managers with the excess water supply, and indicated he
opposes the motion.
Approved the
On a motion (Director Pickard) and a second (Director Jacobs), the Board approved Excess Water
the Excess Water Task Force recommendations. Motion passed by a vote of 13-1, with Task Force
recommendations
Director Mark Lewis voting no.
REPORT OF CUSTOMER SERVICE TASK FORCE
President Atkins reported that this Task Force is still in the discovery phase. President
Atkins thanked the Board members for responding with their interest in participating. She
reported that the consultant facilitated four focus groups and is in the process of conducting
interviews with both board members and stakeholders.
Additionally, President Atkins announced a survey available to all stakeholders, Board
members, staff and the general public available on the CAP website Monday, March 5
through the end of March.CAWCD Board Meeting
March 1, 2018
Page 7
President Atkins also reported that the first Task Force meeting will be held on Thursday,
April 19 at 1:00 p.m., with additional meetings on May 17 and June 21, both at 2:00 p.m.
7. DISCUSSION AND CONSIDERATION OF ACTION ON PENDING INTERSTATE
RECOVERY AGREEMENTS
Senior Policy Analyst Laura Grignano reported that at the January board meeting, staff
summarized three separate but related agreements developed to secure future recovery of
65,000 acre-feet of interstate credits in the Tucson AMA.
Ms. Grignano provided a brief summary on the three agreements: an agreement between
CAWCD and SNWA for prepayment for 65,000 acre-feet, and of interstate recovery and
associated fees; an agreement between CAWCD and Tucson whereby CAWCD advances
$1 million to Tucson to secure up to 10,000 acre-feet annual recovery capacity over a 31-
year period, 2020-2050, until all 65,000 acre-feet are recovered; and an agreement
between CAWCD, AWBA, SNWA and the Colorado River Commission of Nevada to satisfy
certain requirements of the existing agreement signed by the parties in 2010.
Chris Avery with the City of Tucson testified in favor of the exchange of interstate long-term
storage credits for Tucson subcontract water.
Authorized the
On a motion (Director Megdal) and a second, the Board authorized the following agreement for
agreements: Agreement for Funding the Recovery of Long-term Storage Credits funding recovery
of long-term
Stored on Behalf of Southern Nevada Water Authority in the Tucson AMA, storage credits
Agreement to Exchange Interstate Long-term Storage Credits for the City of Tucson stored on behalf
CAP M&I Priority Water for the Development of ICUE, and the Four-party Letter of SNWA in the
Tucson AMA;
Agreement among the Water Banking Authority, CAWCD, Southern Nevada Water agreement to
Authority, and the Colorado River Commission of Nevada Regarding Interstate exchange
Funding Agreement for Tucson AMA Recovery Capacity, and authorize the general interstate long-
term storage
manager to sign all three agreements in the form in which they were presented. credits for the
Motion passed unanimously. four-party letter
agreement
among the Water
8. DISCUSSION ON 2018 INTERSTATE STORAGE Banking
Director of Water Policy Suzanne Ticknor reported on the interstate storage transaction Authority,
CAWCD, SNWA
between Southern Nevada Water Authority and the Arizona Water Banking Authority to and the Colorado
store 13, 500 acre-feet of Nevada’s unused apportionment for interstate storage in Arizona River
Commission of
during this year, 2018. CAWCD’s role in this transaction is as a facilitator to implement the Nevada
transaction. regarding
interstate
funding; and
Ms. Ticknor stated the implementation of this transaction required the Board to take two agreement for
actions: the board would establish a category of excess water for the exclusive use of the Tucson AMA
bank for interstate storage, and state law required in lieu property tax be assessed on all recovery
capacity.
intrastate deliveries. She noted that staff will bring the proposal for establishing an in lieu
property tax rate for interstate storage to the Finance, Audit and Power Committee later this
month.
Director Jacobs expressed his thanks to the staff to have the information available should
he need to guide inquiries back to it.
Director Mark Lewis looked for clarification of the flowchart on how the water is stored, how
it comes out, and how it is paid for. Ms. Ticknor answered that the agreement defines the
storage and payment terms under which Nevada can call for recovery of the water. She
clarified that Nevada covers all of the delivery and recovery costs, and also pays an in lieuCAWCD Board Meeting March 1, 2018 Page 8 property tax. 9. UPDATE ON DUE DILIGENCE OF PURCHASE AND SALE AGREEMENT TO ACQUIRE WATER RIGHTS AND LAND IN MOHAVE VALLEY IRRIGATION AND DRAINAGE DISTRICT Water Supply Program Manager Perri Benemelis provided an update on due diligence efforts to date. Ms. Benemelis reviewed the discussion and issues from a number of recent meetings with MVIDD representatives. On January 29, CAP staff met with representatives from MVIDD and presented a very detailed set of rotational fallowing program concepts, based on previous experience from the Yuma Mesa pilot program. The feedback from MVIDD was positive. The MVIDD board has proposed language for a modification of the resolution prohibiting the transfer of water from the district. The proposed language would allow such a transfer pursuant to a district approved rotational fallowing program. Both MVIDD and CAP agreed there is a need to have more definition of terms and conditions of the rotational fallowing program. Issues raised by MVIDD include governance of the MIVDD board, accounting for PPR rights water use and contracts, implementation of shortage reductions within the District, and indemnification of the District. Ms. Benemelis noted that agreement regarding resolution language and introduction of that language at the MVIDD board meeting would demonstrate progress. If progress continues to be made between now and the April board meeting, staff may recommend a small extension of time in order to try to complete development of a mutually acceptable fallowing program. Director Mark Lewis urged staff to ask the MVIDD Board to defend the transaction publicly to push the agenda along. Director Jacobs asked for clarification that the Quartzite transfer request is still before ADWR. Ms. Benemelis responded that the staff had filed a joint application for transfer, and asked the ADWR for an additional 90 days to respond to comments. President Atkins said that this item would be added to a future agenda. 10. REPORT ON COLORADO RIVER CONDITIONS Colorado River Programs Manager Chuck Cullom provided an update on the condition of Colorado River storage, currently just under 60 percent of capacity. Mr. Cullom reported that Lake Powell is about 55 percent capacity, while Lake Mead is at elevation 1,088 or 41 percent capacity; typical for this time of year. Snowpack has remained consistent. Mr. Cullom confirmed that there is no shortage for 2018. He reported that there is an over- prediction of risk of shortage in 2019 because CAP, and others, are conserving water in Lake Mead this year. By 2020 we would be approaching a 50 percent probability of shortage that increases to 60 percent by 2022. Director Megdal asked for clarification on the tier 1 probability for 2019 and the trend over time. Mr. Cullom explained that the data came from the 24-month study. In response to a question from Director Jacobs, Mr. Cullom confirmed that the information he presented is internal data, and that ADWR has not communicated anything, but a joint modeling workshop is coming up in two weeks. Director Taylor inquired about the parameters used to make decisions, and what the other states have done. Mr. Cullom answered that the forecast is the amount of Lower Basin
CAWCD Board Meeting March 1, 2018 Page 9 Pilot System Conservation, assessing how much funding is available for those programs, as well as the continuation of DCP-like reductions and contributions in Arizona. 11. UPDATE ON DROUGHT CONTINGENCY PLANNING Ms. Ticknor reported that CAP staff has participated in multiple meetings and discussions in an effort to finalize a Lower Basin Drought Contingency Plan. She noted that there has been dialogue with ADWR and two additional meetings of the Lower and Upper Basin technical and legal group. Ms. Ticknor stated that the Upper Basin is working toward legislation on their drought contingency plan. Ms. Ticknor specifically addressed a portion of the Upper Basin Drought Contingency Plan which included two high-level sections: an authorization for the Secretary of the Interior to develop a drought operations plan to protect the power pool in Powell, and demand management which includes the ability of Upper Basin water users to conserve water and store that water in Upper Basin water reservoirs including Lake Powell, to wave any potential costs for storage of that water, and to make the storage invisible to the Lake Powell reservoir operations. Ms. Ticknor stated the parties agreed to several next steps: a Basin States Principals Meeting, a Lower Basin States Principals Meeting in March, and an Upper Basin States Principals Meeting in April. 12. REPORT ON LEGAL MATTERS General Counsel Jay Johnson updated the Board on the Water Transfers Litigation and the proposed Alamo Dam releases. CAWCD and others filed a brief asking the US Supreme Court to review the case. The Supreme Court did not approve the petition and will uphold the ruling. Mr. Johnson also provided an update on the Army Corps of Engineers (COE) proposal to conduct a high volume flushing flow release from Alamo Dam on the Bill Williams River in March. CAWCD is opposed to the timing of the release as it would negatively impact water quality in the Mark Wilmer area, an impact demonstrated by similar flushing releases in previous years. To mitigate impacts on CAP customers, Mark Wilmer Pumping Plant would shut down for four or five days, resulting in significantly increased power costs for CAP. Even with that shutdown, Mr. Johnson stated customers would still see water quality impacts when Mark Wilmer is restarted. Mr. Johnson noted that there are significant defects in the COE environmental assessment and CAP requested a modification to this proposal. Staff would keep the Board informed of any developments and provide a link to the COE environmental assessment. 13. DIRECTORS' REPORTS ON CURRENT EVENTS Directors Arboleda and Brown attended the City of Mesa State of the City breakfast. Director Cesare noted she attended three of the four legislative hearings held at the capitol and watched the other one on Capitol TV. Director Cesare also gave a CAP presentation in Tucson to two business groups; Tucson’s Finest business group and Tucson’s Leading Women networking group. Director Cesare attended the Farm Bureau Women’s Leadership Group event during the Women in Agriculture Day at the Legislature.
CAWCD Board Meeting March 1, 2018 Page 10 Director Megdal noted that the Water Resources Research Center’s annual conference is scheduled for March 28 in Tucson. Director Jacobs thanked staff for helping him prepare for a presentation with the Tucson Regional Water Council. Directors Taylor and Jacobs attended a brown bag at Water Resources Research Center. Director Taylor attended a Lower Santa Cruz River Basin Study event. Taylor was present at one of the legislative hearings, but also watched the remaining hearings via Capitol TV. Director Mark Lewis attended all of the meetings at the legislature, and expressed his gratitude to Director Cesare and her team for their work at the Legislature. Directors Brown and Graff attended the State of the Town for Queen Creek. Director Holway reported that he participated in a discussion about the MVIDD sale on the Horizon Show. 14. FUTURE AGENDA ITEMS Director Jacobs requested that staff provide a report on Quartzite water deal. He also requested a report on the number of confidential agreements the District presently has in place and what guides us in signing such agreements. 15. PRESIDENT'S REPORT ON CURRENT EVENTS President Atkins reminded the Board that the annual CAP Safety Week would be held on March 5-8. Board members were invited to attend the keynote speeches. President Atkins shared that Linda Vedo, CAP’s Administrator of Apprenticeship and Journeymen Development, was honored by Arizona Fish and Game in 2017 as their “Instructor of the Year”. She reported upcoming board meetings on March 15 for the FAP committee (CAGRD was cancelled), and on April 19 for both FAP and CAGRD committees, and the Public Policy and CACWD Board meetings on April 5, which will be held in Pinal County at the Holiday Inn Casa Grande. 16. GENERAL MANAGER'S REPORT ON CURRENT EVENTS Mr. Cooke reviewed items that will appear on the April Consent Agenda including the installation of new stop log guides and fabrication of new stop logs (bulkheads) at the outlets of Cunningham, Gila and Santa Cruz siphons, and a second amendment to an agreement to obtain the permit renewal for the Lower Santa Cruz Recharge Project. Mr. Cooke also noted that a recovery agreement that the CAWCD and RWCD staff have been working on will be on the April agenda. The agreement would provide CAWCD annual recovery capacity through RWCD’s recovery infrastructure to assist in the recovery of AWBA credits for firming purposes. 17. PUBLIC COMMENT None 18. CONSIDERATION OF ACTION TO GO INTO EXECUTIVE SESSION OF THE BOARD By unanimous consent, the Board convened in Executive Session at 1:10 PM for the following purposes: Pursuant to A.R.S. §38-431.03.A.4. and A.7, for discussion or consultation with the attorneys of the District in order to consider its position and instruct its attorneys regarding water acquisition negotiations, and to discuss and consult with its representatives concerning such negotiations; and Pursuant to A.R.S. §§38-432.03.A.3 ,
CAWCD Board Meeting March 1, 2018 Page 11 A.4 and A.6, discussion, consultation and consideration of negotiations relating to drought contingency, and discussion and consultation for legal advice and to consider its position and instruct the District’s attorneys regarding such negotiations; and Pursuant to A.R.S. 38- 432.03.A.3, discussion or consultation for legal advice with the attorneys of the District relating to CAWCD’s authorities with respect to the disposition of Excess Water; and Pursuant to A.R.S. §38-431.03.A.3 to obtain legal advice from the District's attorneys on any matter listed on the agenda. 19. RECONVENE IN OPEN SESSION The Board reconvened in open session at 3:01 p.m. 20. CONSIDERATION OF ACTION REGARDING ITEMS DISCUSSED IN EXECUTIVE SESSION None 21. ADJOURN There being no further business to come before the Board, the meeting adjourned at 3:02 p.m. _______________________________ Sharon B. Megdal Secretary
You can also read
