Southeastern Colorado Water Activity Enterprise Minutes May 20 2004

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SECWCD Special Meeting May 13, 2004 Page 2 RECORD OF PROCEEDING • Aurora's Agreements • District's Agreements • Fountain's Agreements • Agreements of the City of Pueblo, Board of Water Works of Pueblo, and the City of Colorado Springs • Agreements Concerning the Colorado Canal Companies • Time Period • Effective Date and Related Matters • Provisions • Pros/Cons of the Draft IGA There was discussion and comments regarding the IGA, Mr. Tomky read requests that he would like to see addressed to the benefit of the Colorado Canal minority before he would be willing to vote in favor of approving the IGA Matt Heimench thanked Mr. Broderick and the Board for allowing him to present the concerns of the Colorado Canal minority shareholders at the April Board meeting. 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) CRS. §24- 6- 402(4)(e): (Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators) To discuss the following matter: • City of Pueblo flow litigation and negotiation strategy, including provisions of the draft flow IGA- Mr. Miller reported the presence of the following persons was requested at this Executive Session: • Non-Excused Board Members • Executive Director • Legal Counsel for the District • Chief Financial Officer • Water Resources Manager • Minute taker (for non - attorney -client portions of the Executive Session) Ms. Orteg6n stated that she would participate in the Executive Session, but did not anticipate participating in final consideration of the matter. Mr. Schrader moved, seconded by Mr. Goodwin, to enter into Executive Session. Motion unanimously carried. President Everett recessed the regular meeting at 2:28 p.m., and reconvened at 3:48 p.m REPORT FROM EXECUTIVE SESSION: Mr. Miller reported the District's Negotiation Committee in the City of Pueblo negotiations received guidance from the Board on continuing negotiations of the regional flow IGA, and legal counsel provided advice and explanation regarding the terms of the IGA. There was not any Board action necessary following the Executive Session. OTHER BUSINESS: Mr. Reynolds asked that the Board members that were going to participate in the upper or lower District tours or the scheduled raft trip to inform Ms. Gonzales so arrangements can be made. The dates are as follows: