ALP 2

ALPOM &R Association
December 3, 2012 Board Meeting Minutes
(12/1812012— Draft v3)
S. DPP Annexation Agreement
Lena Atencio asked if there was a deadline on the review of the DPP Annexation Agreement. Barry Longwell
explained that the DPP Annexation Agreement is an agreement between the Animas -La Plata Water Conservancy
District and the City of Durango; ALP has agreed to accept comments from Reclamation and the Association on
the Annexation Agreement. Bruce Whitehead stated the Agreement is back in the City's hands and it has been in
their hands for a few years. Barry Longwell confirmed that this Annexation Agreement includes the entire 46 acre
parcel including the pumping plant and office building.
Randy Kirkpatrick made a motion to table further discussion on the DPP Annexation Agreement until the
January Board meeting. Charles Blassingame seconded the motion. Voting yea were: Celene Hawkins, Randy
Kirkpatrick, Lena Atencio, Mike Brod, Jason John, Charles Blassingame and Tim Feehan. The motion passed.
6. Annexation of Reservoir
The San Juan Water Commission delivered comments regarding the Annexation of the Reservoir to both the
Association and the Bureau of Reclamation. Comments were also received from La Plata Archuleta Water District.
Russ Howard reiterated the importance of not missing this window of opportunity to provide comments as either
individual member entities or as the Association. Ed Warner, Bureau of Reclamation, reviewed the topic
explaining that the issue of police coverage came up when the Bureau started talking to the City of Durango about
a recreation lease agreement. Ed Warner emphasized the Bureau has not decided to pursue the annexation as of
yet, however in order to understand all the issues and concerns involved with an annexation, the Bureau needs to
advocate an Annexation Agreement with the City of Durango.
Celene Hawkins reported that as part of the consultation meeting between the Ute Mountain Ute Tribe and the
Bureau of Reclamation, there were further discussions about the issues with recreation and the hunting, fishing
access. Celene clarified that the Ute Mountain Ute Tribe has Treaty Rights in the area that is being proposed for
annexation. One concern is that under the State Agreement, which may or may not apply to this area, there are
buffer zones around areas like cities. In the consultation meeting with the BOR there was a full discussion about
putting together the first Federal Agreement for the exercise of those rights and how a City annexation may
impact a Federal Agreement. The UMU Tribe is in the process of working on negotiations with the Federal
Government on the exercise of Treaty Rights which will likely trump anything in the Annexation Agreement, but
that remains to be seen. The issue about UMU Tribal Member recreational access continues; there is a very
strong feeling with the UMU Tribal Council that the area is a UMU Tribal water settlement and UMU Members
should have free access; these are issues that will continue to be worked out. Celene will also summarize the
issues in a bulleted list and submit the list to the BOR.
Scott McElroy asked Ed Warner if the City has looked at whether the area actually meets both the constitutional
and the statutory requirements for annexation. Ed Warner reported that when the BOR has asked that question
of City representatives, the answer has always been affirmative but the BOR has not received anything in writing
from the City regarding this question.
Scott McElroy asked how the draft EA relates to Recreation and what the current status of the EA is. Kathleen
Ozga reported the BOR is in the process of receiving and reviewing comments. The SUIT is working towards
delivering comments by December 14, 2012. The UMU Tribe is working towards delivering comments in the next
week. The BOR will distribute all comments to all parties and incorporate the comments into, or explain why the
comments cannot be incorporated into, the EA. Comments are also being gathered regarding the Lease
Agreement and Kathleen requested feedback from both the Association and individual member entities.
Scott McElroy noted for the annexation to work it will have to be a very restrictive Annexation Agreement and we
need to find what degree of restrictions the City will agree to.
Ed Warner requested that the Association and each member entity provide a bulleted list of concerns and issues
around the Annexation issue within two weeks and send those lists to Kathleen Ozga. Ed further explained that
this is a dynamic process and comments will also be accepted at a later date.
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