Southeastern Colorado Water Activity Enterprise Minutes May 20 2004

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SECWCD May 20, 2004 7 RECORD OF PROCEEDING STATE LEGISLATIVE REPORT: Mr. Hays provided a written report, which included all of the significant water legislation introduced during the 2004 regular session of the Colorado General Assembly, President Everett recessed the regular meeting at 11:35 am., and reconvened at 12:25 p.m. Attorney Lee Miller said a request had been made for the Board to enter into Executive Session for the purpose of: C.R.S. §24- 6- 402(4)(b): (Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions) C.R.S. §24- 6402(4)(e): (Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators) To discuss the following matters: • City of Pueblo flow litigation and negotiation strategy. Including provisions of the draft flow IGA; • Legal issues and strategy associated with the High Plains A & M litigation; • Legal issues and strategy associated with Southeastern's Boustead Tunnel Enlargement applications, including the Twin Lakes exchange•, and • Legal issues and negotiations strategy associated with Pueblo West's request to use unused capacity of Pueblo Reservoir municipal outlet works and pending water court cases involving Pueblo West and Fry-Ark return flow exchanges. Mr. Miller reported the presence of the following persons was requested at this Executive Session: • Non-Excused Board • General Manager • Legal Counsel for the District • Chief Financial Officer • Water Resources Manager • Minute taker (for non attorney -client portions of the Executive Session) Mr. Miller indicated that a minute -taker was necessary for the City of Pueblo flow issue only. Mr. Goodwin moved, seconded by Mr. Aschermann, to convene into Executive Session. Motion unanimously carried. President Everett recessed the regular meeting at 12:28 p.m. to convene into Executive Session, and reconvened the regular meeting at 2:36 p.m. REPORT FROM EXECUTIVE SESSION: Mr. Miller said the Board, staff and legal counsel discussed the City of Pueblo flow litigation and negotiation strategy. The negotiation committee advised the Board on current activities. In addition, Mr. Miller reported that during Executive Session the following items were discussed: • Legal counsel provided legal advice to the Board and received general direction on legal issues regarding the High Plains A & M litigation. Legal counsel provided legal advice and received general direction and strategy advice regarding Southeastern's Boustead Tunnel Enlargement applications and the Twin Lakes exchange. • Legal counsel provided legal advice and received general direction to staff and legal counsel on Pueblo West's settlement offer. Mr. Miller said any action on the topics discussed during Executive Session will be taken up during the legal report.