VIRGIN VALLEY WATER DISTRICT
BOARD OF DIRECTORS
WORK SESSION
VIRGIN VALLEY WATER DISTRICT OFFICE
SEPTEMBER 13, 2011

Minutes of a Work Session of the Virgin Valley Water District Board held on September 13, 2011, at the Virgin Valley Water District Office at 3:00 p.m.  Attending were President Karl Gustaveson, Secretary-Treasurer Kenyon Leavitt and Board Member Ted Miller.  Board Member Sandra Ramaker participated via telephone. Vice-President Mark McEwen was not present.  Also present from the VVWD were Kenneth Rock General Manager, Eric Wilbanks District Counsel, Aaron Bunker District Hydrologist, Randy Robison District Lobbyist and Mary Johnson taking minutes.  Also present were Barry Stubbs of Robcyn LLC, John Willis with the City of Mesquite, Jill Ralston and Jeri Krueger with Fish & Wildlife and other interested parties of agenda items.

• President Karl Gustaveson called the meeting to order at 9:00 a.m.
• Kenyon Leavitt offered a Prayer
• Ted Miller led the pledge.
• Public Comment – There was no public comment at this time.

1. For Information and Discussion – Robcyn, LLC will present information and answer questions regarding accessibility to Virgin Valley Water District’s (VVWD) Mica Notch Spring’s water rights.

Barry Stubbs of Robcyn, LLC began by distributing a couple handouts consisting of the District’s original certificate of appropriation of water from the State of Nevada numbered 9986; and the original Right-of-Way (ROW) approved from 1948 for the roadway and pipeline for the District’s Mica Notch Spring’s water rights.  The water right to the spring was initially granted January 14, 1942 to the Mesquite and Bunkerville Community Organizations, predecessors to the District.  A perpetual ROW (#CC-022455) was granted by the BLM in 1948 for construction, operating and maintenance for a water pipe line.  The distance was stated as twelve and a fraction mile (with some spurs).  The grant references an attached map and Robcyn is researching federal records to secure a copy.  This grant precedes current and present federal regulations.  Barry stated that Robcyn is also researching to determine exactly what regulations, laws and rules may affect the District’s intention to modify and use the access and pipe line as there are some inconsistencies in records when comparing descriptions in the ROW, Federal Master Title Plant and the Area of Critical Environmental Concern (ACEC).  Barry further stated that Robcyn would require indication from the Board and the District’s intended scope of work, i.e., replacement of pipelines, rehabilitation of the roadway, etc. before deciding how to proceed.

Ken explained why he had proposed the project because of the quality of the water, hydroelectricity, and the ability to use well site 30’s reservoir, power, etc. without having to use the well except for monitoring.

A discussion ensued regarding the need for the water, timing, pricing and revenues for the District.  Direction was given to Barry to update the file and keep records current.

Aaron also stated that it was a perpetual ROW and a certified water right, which meant no annual paperwork.

2. For Presentation and for Discussion – Representatives of Robcyn, LLC, the U.S. Fish & Wildlife Service, the City of Mesquite Planning & Environmental Resources Department and the VVWD’s General Manager and Hydrologist will present information on the Virgin River Habitat Conservation and Recovery Program (VRHCRP).  The information to be presented and discussed may include, but is not limited to, the background of the VRHCRP, the role and expected financial participation by the VVWD in the VRHCRP.  Robcyn, LLC and the VVWD’s General Manager will lead a discussion regarding the District’s participation in the VRHCRP, and related matter.

Barry introduced the representatives of Fish & Wildlife, Jill Ralston and Jeri Krueger and John Willis with the City of Mesquite.  Barry had included a handout with a chronology and timeline of how the VRHCRP got to this point beginning with the Mesquite Land Act of 1986, amended 1996 and 1999, including 10,620 acres.

Jeri Krueger began by explaining that the purpose of the program was for entities to work collaboratively to protect and conserve imperiled species in the Lower Virgin River Basin; and additionally, the VRHCRP will be to provide a forum to coordinate ongoing species conservation and recovery efforts within the Lower Virgin River Basin.

There are seven participants, including three applicants, VVWD, SNWA and the City of Mesquite who would get permits; and others include the BLM, National Park Service, Dept. of Wildlife and Fish & Wildlife.

Jeri explained the public review process and that notices would be published in the Public Register.

John Willis is the administrator of the program and he answered questions regarding what would happen with the money associated with this program.

Jeri reviewed the organizational structure of the program and what each committee’s duties and/or functions were.

There continued to be a lengthy discussion with Kenyon asking questions regarding the language in the plan.  Kenyon did not want rate payers to be responsible for the amount in the plan that VVWD should pay by having to increase rates or charge a tax, and that any monies from the VVWD must come from development/growth.  Questions were asked about “double dipping” and Jeri explained the difference from impacts from land being disturbed and the use of water impacts.

Discussion ensued regarding the amount that the VVWD should charge, currently looking at $275 per ¾” hookup; how the District’s estimated funds to be collected were determined; how other participant’s amounts were determined; and what other agencies pay for similar programs in Lincoln County and Utah.

There continued to be further discussion regarding what wording should be used in the contracts, with the District’s portion to be solely funded by Ordinance 4; and the amount the District should charge, leaning towards $200 per ¾” meter connection.  In-kind services were also discussed, but this could not be used by the District for any of this commitment.

This was a workshop with no action on the agenda as a meeting.  Direction was given to staff and legal counsel as to what should be put on the next regular meeting agenda for action; and also to Fish & Wildlife regarding wording in the contract.

3. Adjournment

President Karl Gustaveson adjourned the meeting at 11:30 a.m.

NOTE): The minutes of this meeting have been tape-recorded and will remain on file in the District office for a one-year period for public examination.

•  Work Session Minutes: 2011-09-13 (.pdf 26.K)