DEVILSLAKEBASINJOINT WATER RESOURCE BOARD

Minutes of the regular monthly meeting held Wednesday, February 17th, 2009 in the Historical Meeting Room of the Ramsey County Courthouse in Devils Lake, ND.

Chairman Ashcalled the meeting to order at 10 a.m. Roll call of the counties was taken and Representatives from Walsh, Towner and Pierce were absent.

CavalierCounty Larry Gellner

EddyCounty Mike Tweed

NelsonCounty Mike Donohue

PierceCounty Absent

RamseyCounty Duaine Ash

RoletteCounty Sherwood Haakenson

TownerCounty Absent

WalshCounty Absent

Others present: See list attached to original minutes.

Chairman Ash stated that the minutes were sent out to board members in their pre-meeting packets and asked if everyone had a chance to read the minutes and if they had any corrections. Gellnermoved to approve the minutes of the January 7thmeeting, second by Donohue, motion passed unanimously.

The following list of bills was presented for payment:

February 2009 Bills

Leever's CountyMarket / $32.21 / 3078
Gerrell's & Company / $13.36 / 3079
NDTC (Website Registration & Setup) / $415.00 / 3080
Britsch & Associates (2008 1099 Prep.) / $20.00 / 3081
RamseyCounty Auditor: Rent / $190.00 / 3082
RamseyCounty Auditor: Pstg * / $64.08 / 3082
RamseyCounty Auditor: Telephone: December - January / $59.59 / 3082
RamseyCounty Auditor: copies / $32.00 / 3082
Ramsey County Water Resource District - Copier Rent / $50.00 / 3084
Jeff Frith - Manager's Travel Expenses / $429.50 / 3085
Dale Overton - Sub-Basin Meeting / $61.00 / 3086
Leo Bittner - Sub-Basin Meeting / $25.00 / 3087
ND SWC - 2008 4th Quarter Engineering / $2,500.00 / 3088
ND PERs - Health Insurance / $825.76 / 3092
Bartlett & West - Pilot Project / $2,750.00 / 3089
NDSU - 2008 4th Quarter Test Project / $20,350.17 / 3091
Bartlett & West - Test Project / $1,125.00 / 3090
* Includes $20.00 Postage Meter Fee

Gellnermoved to pay the bills as listed, second by Donohue, motion carried unanimously.

TEST PROJECT UPDATE:

# NDSU Update: Frith stated that the monthly report from Drs. Steele & Hopkins for the months of January/February is included in the board’s packets for them to go over, a copy will accompany the official board minutes. Frith asked the board to look at the document located behind the monthly report, a document entitled “Preliminary Results and Recommendations Devils Lake Basin Water Utilization Test Project”. Frith pointed out that this document is a draft of what Drs. Steele & Hopkins research has shown to date in regards to a flood mitigation tool. Frith stated that he shared this document with James Landenberger and Jerry Shear from Bartlett and West as well as former manager Mike Connor and Rick Anderson from North Central Planning and they thought it would be best to have a conference call with the Drs. to discuss the paper. The Drs. explained their research and how they came to the conclusion that they did. Frith state that after much discussion and some concessions they agreed that more work and more testing is needed. A copy of the “Preliminary Results and Recommendations Devils Lake Basin Water Utilization Test Project” will accompany the official board minutes.

BENSONCOUNTY:

Frith stated that he spoke with Brian Maddock, Benson County Water Board member and he had stated that they are working on a proposal for the joint board and should have one before the March meeting.

SWEETWATER/MORRISON STORAGE CONTRACTS UPDATE:

Frith stated that he currently is waiting for the final contracts to come in and didn’t anticipate any problems getting the contracts returned before water starts flowing in the spring.

COLLIN HANSON PUMPING CONTRACT:

Frith stated that after the last meeting where the board decided to give Mr. Hanson $1,100 per year for additional storage and pumping of water he spoke with Mr. Hanson about what the board had done and Mr. Hanson didn’t think the 10% increase that he received was fair considering everyone else within the program received an 18% contract increase. Gellner moved to increase Collin Hanson’s additional storage and pumping contract by 18%, second by Tweed, motion carried unanimously.

ESAP STORAGE CONTRACT RENEWAL:

Frith stated to the board that the ESAP (Extended Storage Acres Program) 10 year contracts were set to expire at the end of 2009 and he would like to get started on the renewal process and the first step would be to gather interest in continuing the program from both the SWC and the landowner participants. Frith explained that the contracts varied in price based on the amount of water being stored.

OFFICE FURNITURE PRICES:

Frith stated that he received one price from Hoiberg’s Office Furniture from DevilsLake and was waiting to hear back from Rough Rider Industries on a price. Frith said that the

OFFICE FURNITURE PRICES CONTINUED:

price from Hoiberg’s was $2,180 and that if chosen that price would probably increase slightly as it did not include a keyboard tray that Frith would prefer. Frith asked if the board would like to go ahead with the price quote from Hoiberg’s or wait until Rough Rider got back to him. Gellner moved to go ahead with the office furniture from Hoiberg’s Office Furniture, second by Haakenson, motion carried unanimously.

RED RIVER BASIN RESOLUTION:

Frith stated that since it was tabled at the previous meeting the Red River Basin Resolution needs to be decided on. Gellner moved not to support or sign the resolution, second by Donohue, motion passed 3 – 2.

OTHER OLD BUSINESS:

WATER MANAGEMENT PLAN UPDATE:

Frith stated that he received the update from Mike Noone and proceeded to pass that information out to the board. Frith asked that the board take a look at what he had passed out and for them to bring back any comments to the next board meeting and he and Noone would complete the update by putting together the names of the Subject Committee members from each county as well as some economic data they are waiting for from North Central Planning.

NO OTHER OLD BUSINESS:

NEW BUSINESS:

SWC & NWS SNOW PACK MEASUREMENTS/FLOOD FORECAST

Frith told the board that the SWC snow pack survey was passed out and he proceeded to give a power point presentation that he had received from the NWS in Bismarck. The presentation included a variety of slides that showed the huge increase in above normal precipitation from August through December with a slight below normal amounts in January. He also went through the NWS & USGS’s predictions of the lake reaching various levels.

SWCSTATE WATER MANAGEMENT PLAN UPDATE:

Mike Noone stated that the SWC Water Management Plan update is now completed. He stated that he has copies for the board members but had left them in Bismarck. Frith stated that he has a copy in the office if anyone would be interesting in reviewing it.

DEVILSLAKE DIKE RE-ALIGNMENT / JOINT POWERS AGREEMENT

Chairman Ash introduced Mayor Fred Bott with the City of Devils Lake. He was asked to give the board an update on the Devils Lake Dike Re-Alignment. Mayor Bott pointed out that throughout the past year the Army Corps was studying and holding public meetings discussing the DevilsLake dike, raising of the dike, re-alignment of the dike if the raise goes ahead. Mayor Bott stated that the preliminary costs for the project are

DEVILSLAKE DIKE RE-ALIGNMENT / JOINT POWERS AGREEMENT CONTINUED:

between 70 & 120 million dollars with the local share somewhere in the neighbor hood of 20% to 30% of that. He stated that the he has been going around to local entities such as the Ramsey County Commission, the Ramsey County Water Board and will be going to the Creel Township Board and today with the Joint Board. Mayor Bott stated that the city is putting together a Joint Powers Agreement between these agencies and would like to have the Joint Board to give their support for this joint Powers Agreement as well. Mayor Bott stated that the Joint Powers Agreement isn’t ready as of yet and by joining the group it will give all agencies a voice on the table when composing the agreement. He also stated that by joining at this time does not bind any group into a long term agreement if at some point in time a party would like to bow out of the agreement. Gellner moved for the Joint Board to support the City of Devils Lake with their Dike Re-Alignment project and join the Dike Re-Alignment/Joint Powers Agreement committee, second by Tweed, motion carried unanimously.Gellner asked if Mayor Bott would be able to bring this presentation to the Joint Board’s next meeting in Munich so other water board members can hear it, Mayor Bott agreed and stated he could make it to the meeting.

SWEETWATER/MORRISON OUTLET & CHANNEL REPORT TO STATE ENGINEER:

Frith presented the board with a letter that is addressed to Dale Frink, State Engineer ND SWC that explains the work done over the past year on the Sweetwater/Morrison Outlet & Channel and what work, if any is planned for 2009. It is a letter that is sent to the State Engineer on an annual basis and a copy will be included with the official minutes. Gellner moved to approve the Sweetwater/Morrison Report to the State Engineer, second by Tweed, motion carried unanimously.

7th ANNUAL JOINT BOARD TOUR

Frith went over with the board some possible dates and route for the tour.

Haakenson moved to hold the 7th Annual Joint Board Tour on June 24th, 2009, second by Donohue, motion passed unanimously.

OTHER NEW BUSINESS:

No other new business.

BASIN BOARD REPORTS:

CavalierCounty: Gellnerstated that there is not much going on right now, they will be meeting with ND Game and Fish and affected landowners.

EddyCounty: Tweed saidthat there is a lot of snow in SheyenneRiver crossings.

NelsonCounty: Donohue stated that they met yesterday; they are still trying to remove sheet water from NorthernNelsonCounty.

PierceCounty: Absent, no report.

BASIN BOARD REPORTS CONTINUED:

RamseyCounty: Ash commented that they were reviewing their personnel policy to review vacation, sick and holiday pay for their office manager. They were also reviewing legislative issues concerning water boards within North Dakota.

RoletteCounty: Haakenson stated there is an awful lot of snow in the Southern portion of the county.

TownerCounty: Absent, no report.

WalshCounty: Absent, no report.

RED RIVER BASIN COMMISSION:

No Report Available

STATE WATER COMMISSION REPORT:

Erwin Curry, P.E. Presented the SWC report forJanuary; a copy of his report is attached to the official minutes. Curry said that the SWC will be sending out a survey crew in mid February to do another snow pack survey.

USF&W UPDATE:

Neil Shook was present but didn’t have anything specific to share with the board.

NRCS REPORT:

Becky Clow, Devils Lake Area Office, gave a report/update on the Wet Land Reserve Program, and the 2008 Farm Bill.

DOWNSTREAM ACCEPTANCE REPORT:

Joe emphasized that things may be quiet now but based on the moisture we have received and the NWSLake’s forecast that will be changing. A copy of Joe’s report will be included in the official Joint Board minutes.

MANAGER’S REPORT:

Frith reviewed the miscellaneous material contained in the Board packets. His report for the month of January was mailed to the Board with their pre-agenda packet. A copy of Frith’sreport is attached to the official minutes.

There being no further business,Chairman Ash thanked everyone attending.

Date approved: March 17th, 2009

______

Duaine Ash, ChairmanJeff W. Frith, Manager

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