Southeastern Colorado Water Conservancy District Minutes September 15 2005

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SECWCD September 15, 2005 10 RECORD OF PROCEEDING Mr. Miller reported the Water Quality Control Commission (WQCC) adopted temperature criteria and implementation regulations with a delayed effective date of December 31, 2007. Further, the WQCC directed the Water Quality Control Division (Division) to continue work on the temperature criteria and return in 2007 with a revised proposal that addresses the issues that were raised during the hearing process. Last month legal counsel provided the Board members a copy of the Division's proposed "Colorado Temperature Criteria Project" to address issues to be resolved before the end of 2007. Part of the Project was to select and fund the Colorado Temperature Technical Advisory Committee (TAC). The Division has selected the following individuals to serve on the TAC: Lee Bergstedt, Chadwick Ecological Consultants; Todd Harris, Metro Wastewater Reclamation District; Dale A. McCullough Ph.D., Columbia River Inter -Tribal Fish Commission; Dave Moon, EPA; Dr. Christopher A. Myrick, Colorado State University; and Nicole Vieira , Colorado Division of Wildlife. Mr. Miller reported on a recent Open Records Act decision by the Colorado Supreme Court in Denver Publishing Company d/b /a Rocky Mountain News v. The Board of County Commissioners of the County of Arapahoe, Colorado (involving the Tracy Baker sexual harassment scandal). The Court determined that "public records" do not include all records that a public agency makes, maintains, or keeps. Instead, "public records" include only those records that a public agency makes, maintains, or keeps for use in exercising functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds. Thus, a "public record" must have a demonstrable connection to the exercise of public functions or functions involving public funds. Mr. Miller also reported that legal counsel will be providing in the near future a written update on the current state of the law under the Open Records and Meetings Acts. OTHER BUSINESS: Mr. Broderick called attention to map work the Applegate Group, Inc. provided, which were placed on the walls of the boardroom. Mr. Broderick also called attention to the Board of Directors pictures now displayed in the boardroom. Mr. Broderick called attention to a flyer that had been mailed out to over 300 people, announcing the District's sponsored Water Education Seminar to be held Thursday, November 3, 2005 at CSU- Pueblo. President Stealey asked that the Board members be prepared to discuss Referenda C & D at the October Board meeting. Christine Arbogast thanked the Board and staff for sponsoring the legislative staff tour. She felt it was very beneficial to the congressional staff members that participated.