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SECWCD <br />February 16, 2006 <br />5 <br />RECORD OF PROCEEDING <br />The District currently does not have a formal written procedure /policy for handling individual <br />property owner petitions for inclusions. The procedures being followed today are based on state <br />statutes, procedures used by other water conservancy districts, and on advice from district counsel. <br />Mr. Hamilton said staff requested the petitioner to pay three separate fees. <br />ONE: An administrative fee based on an estimate of the actual cost of district staff and legal <br />counsel to review the petition. <br />TWO: A tax inclusion fee based on a formula that seeks to have the petitioner pay an amount <br />equal to what it would pay this year in taxes to the District, and multiplying that figure by the <br />number of years that the District has been collecting taxes. <br />THREE: The cost of publishing the legal notice. <br />There is nothing in the statutes that requires, or forbids, any of these fees. <br />We have received payment for: <br />Administrative Fee of. $1,820.00 <br />Tax Inclusion Fee of. $107.39 <br />Publication fee of : $395.31 <br />Mr. Hamilton said the Widefield Water and Sanitation District has accepted this property into its <br />service area CONTINGENT upon inclusion by the Southeastern District. A copy of the Widefield <br />District's resolution is included in the Director's packets. <br />Any approval of this inclusion into the Southeastern District would not increase the amount of Fry - <br />Ark Project water available to the Widefield District. Any Fry -Ark Project water used on the <br />petitioner's property would need to come from the water allocated to the Widefield District through <br />the Fountain Valley Authority allocation. <br />Mr. Hamilton said the Southeastern District administers the Fryingpan - Arkansas Project (Fry -Ark). <br />The Fry -Ark Project is a federally authorized reclamation project. Under Southeastern's <br />Repayment Contract with the Bureau of Reclamation, and applicable federal reclamation law, no <br />changes can be made to Southeastern's boundaries through inclusions of land - except upon the <br />Secretary of Interior's written permission. As Petitioner, Rolling Hills Ranch will bear the <br />responsibility and costs for obtaining this federal permission. Any favorable action Southeastern <br />takes on this petition is subject to Department of the Interior's approval. It is my understanding <br />that the petitioner has initiated the process to obtain this approval. <br />Mr. Hamilton said after review, District staff is recommending that this petition be approved, <br />subject to Department of Interior approval. <br />President Stealey said at this time the Board would hear a short presentation by a representative of <br />the petitioner, Les Gruen. President Stealey asked that Mr. Gruen limit his presentation to ten <br />