CALL TO ORDER: Chairman Charles Miller called the July Regular Board Meeting of the Hermiston Irrigation District (District) Board of Directors to order at 4:03 p.m. The meeting was held in the District office building. Also present at the meeting were Board Members Len Jeppeson, Mike Bergstrom, Craig Coleman & Wes Locke; District Manager, Chuck Wilcox; and Secretary, Annette Rambel.

MINUTES

The Board reviewed the minutes of the June 19, 2008, Regular Board Meeting. Director Bergstrom moved to approve the minutes as presented. Director Jeppeson seconded the motion. There being no further discussion, the motion carried unanimously.

FINANCIAL STATEMENTS & VOUCHERS

The Board reviewed the Profit & Loss Report for June 2008. The Board also reviewed and signed the June 2008 Vouchers Report. Voucher Numbers 35240 through 35302 were reviewed and approved.

GUESTS

There were no guests present.

OLD BUSINESS

ELM ST PROPERTY: Manager Wilcox reported that they will begin meeting with the attorney in September to work on the Land Sale Contract.

DROP STRUCTURE: Manager Wilcox reported that the District received a request for contractor information from BOLI.

Manager Wilcox has spoken with Tim Iltz with Wedbush Morgan Securities about the financing. Mr. Iltz wanted clarification on a few items which Manager Wilcox was able to provide. Everything appears to be on track.

There will be an on-site meeting between HID, Anderson-Perry and Swaggart Bros. at the Drop Structure on July 28, 2008. After that they will hold on-site meetings every two weeks. Swaggart Bros. is looking to have the work done by mid-October.

Within the next couple weeks the District will be working on the lining project.

EXCHANGE AGREEMENT: There has been no progress made on the Exchange Agreement.

KLOEPPER EASEMENT: The District has received written permission from BPA to remove and not replace the fencing on their property that is a continuation of Kloepper’s fence.

There is also fencing on land on the other end of Kloepper’s property that he owns, although he has denied it, that is on a county easement. That fencing will be removed too.

BURNS SUBDIVISION: Paul Burns has submitted a revised plan for his purposed subdivision. The Board still has concerns and gave Manager Wilcox a list of items that need to be completed by the developer before they would sign off on the project.

Manager Wilcox gave the Board members a copy of a development agreement that the District may want to consider using to protect its interests. Other irrigation districts in the state are already utilizing this type of development agreement.

NEW BUSINESS

LAND DEVELOPMENT: Staff will prepare a draft of a development agreement tailored to the District for review at the next Board meeting.

CITY OF ECHO: A contractor for the City of Echo (City) broke Mr. Yunker’s bridge and they claimed no liability. The City has since began using HID’s bridge and roadway to get to their sewage treatment plant without permission from the District.

Manager Wilcox has sought advice from SDAO, the District’s insurance company. Upon that advice, Manager Wilcox has informed the City that they may not use HID’s bridge unless the City names the District and the Bureau of Reclamation on their insurance to be held harmless. The City responded that they would have their insurance company prepare the policy. At the time of this meeting the District had still not received any proof of release from liability. The District is in the process of blocking off the roadway.

The City is also having trouble getting rid of their treated water and has requested a permit to put a temporary pipeline across the canal to pump that water onto Hoskins property at the top of the hill. Manager Wilcox explained that it would require a permit from the District. Stanfield Irrigation District will require a permit with an annual fee. The City will also need permission from the State to pump the water.

VEHICLE & EQUIPMENT SURPLUS: Due to recent purchases, the District has a pick-up and a tractor with mower that are surplus property. The pick-up is a 1997 Chevy S-10 and the tractor is a Ford 3000 with a mower attached. West Extention Irrigation District (WEID) is interested in the tractor/mower.

Director Jeppeson moved to declare the 1997 Chevy truck and the Ford 3000 tractor with mower surplus equipment. The tractor/mower will be offered first to WEID for $5,000. If WEID does not buy the tractor/mower then it will be put out for public bid with a minimum bid of $5,000. The truck will go out for public bid with the minimum bid set at $500. The motion was seconded by Director Bergstrom. There being no further discussion the motion passed unanimously.

MANAGER’S REPORT

WATER REPORT: We are currently running 164 cfs through CSAO. ALTO is running at about 46 cfs and the Maxwell canal is running at about 40 cfs. CSR had 15,478 af in it as of this morning and the District had 10,924 af in exchange credits. Our remaining duty as of July 7, 2008, was 25,444 af. We expect to have water until at least September 23, 2008.

FEED CANAL-STANFIELD: Manager Wilcox had previously reported that there were some leakage problems in the Feed Canal and as a result there are some insurance claims from residents in the area. SDAO says that the right to farm act allows for some seepage from the canal without liability to the District.

The District is going to do work in that area to attempt to alleviate the problem of standing water. The District is also going to dig a trench and refill it with a dirt and bentonite mix.

FISH PASSAGE AT FEED CANAL DAM: Manager Wilcox reported that there is a proposed plan for repair of the fish passage. On July 23 & 24, 2008, the District will send a crew along with Bureau personnel to do some preliminary surveying. It appears we will have to tear up and replace some of the deck.

BPA is proposing to put in rubber dams in September. They will dam it off from the point to beyond the fish passage and then around below to dry that area up. This will also provide the District with the opportunity to remove gravel without having to work in the water. BOR is still working on getting the proper permits.

They have requested that the District offer assistance in the form of manpower and equipment. They have not requested any financial funding from the District.

WORK PERMIT FOR RIVER WORK AT FEED: The District’s work permit from Department of State Lands to remove gravel from the Feed Canal expires at the end of the year. Manager Wilcox is working on renewing the work permit.

FINDLEY LIMITED LICENSE: Last year the District got a limited license for the Findley property. They applied for another one this year but it was useless due to the conditions that were placed on it. The permit needs to be appealed by July 27, 2008. The water rights are in the name of the Bureau. The Bureau has agreed to speak with the Findley’s, the District, attorneys and other interested parties.

If the limited license can get put through for a second year, then the plan is to apply for permanent water rights for that land. Ultimately, the plan is to have the District’s water rights certificated, to add lands on that are being irrigated and in exchange the District will allow them to take off the acres that cannot and are not being irrigated.

FT VANNOY CASE: The Board received a copy of an e-mail in their packets regarding this case. The case raised the question as to whether an irrigation district or a district patron has the statutory right to apply for a water right transfer to change the point of diversion on the water rights certificates issued to the irrigation district. OWRC prepared an Amicus Brief in that case. The brief played a large part in the decision of that case. It has put irrigation districts in a better position in terms of the trust of water rights ownership between districts and landowners within a district. This case has established a precedence that is expected to be challenged in the legislature.

ADJOURNMENT: There being no further business, the meeting was adjourned by Chairman Miller at 6:15 p.m.

_______________________________             ________________________________

Charles Miller                                                      Annette V. Rambel

Chairman                                                             Recording Secretary

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