 I'll go ahead and call the water board meeting for October 19 2020 to order Heather can you do the roll call? Sure Todd Williams here Allison Gould here Kathy Peterson here Scott Holwick here Roger Lang here Ken Houston here Nelson Tipton here Wes Lowry here Kevin Bowden here Heather McIntyre is here Francie Jaffe here and Price Hadley here and David Bell is coming in and Councilmember Martin I know I saw her she's there she is okay all right with that the next item is approval of the September 21st 2020 water board meeting minutes has everybody had a chance to review those any questions comments if not we need a motion to approve those we have a motion by Roger is there a second second okay Allison seconded that further discussion hearing none all those in favor say aye opposed okay next item item 4 is the water status report Wes are you doing that one I do have that so the flow of the St. Varane at Lions gauge at 8 a.m. today was 10 CFS with 124 year historic average of 36 CFS for this date the call in the St. Varane Creek is the James Ditch admin 8,756 with a priority date of June 2nd 1868 and the call on the main stem is the South Platte River it on for the South Platte River is Pruitt inlet canal then admin number of thirty one thousand four hundred and twenty three point two nine two one nine and its priority date is January 13th 1936 rail price reservoir at Button Rock is currently spilling and we are releasing 10 CFS Union reservoirs at twenty three point seven feet or down approximately three thousand acre feet and that's all I have unless there's some questions any questions for Wes on the water status report I don't hear any thank you Wes item 5 is public invited to be heard in special presentations Heather if I understand right there's no public invited to be heard today is that correct that is correct okay and then can let me know under special presentations I think we're gonna hear from price the new ranger for the Button Rock preserve is that right can that's correct I'd like to introduce price Hadley our new senior watershed ranger up at Button Rock price comes to us from the Aspen area pick and county where he was the lead supervisory ranger for the for their ranger open space program in that area so but and prior to that it actually worked here in Boulder County on the for range here so he has both local experience and some excellent experience where he comes from so price if you don't mind just give us a quick rundown on on introduce yourself thanks Ken good afternoon everybody as Ken said I came here from six years working as a ranger up in Pitkin County or the county seats Aspen they gave me a really good insight into the public safety end and natural resources got a formal background in natural resources master's degree in public land management previously when I lived in the Boulder County area including in Lyons I worked for City of Boulder open space did trails work and basis species pest control trail work worked with youth outdoors so really excited to be coming full circle and back closer to family and working with a great water team here at City of Longmont welcome price I know I don't know if you're gonna do it somewhere else but can you give us an idea I guess with regards to the fires that the cow would and I know chimney parks maybe hopefully further to the north of you there but maybe just what's happening or what you're saying in terms of fire activity in the area yeah luckily things are fairly calm here at Butler Rock Miles Churchill myself have been sticking close to the preserve since the fire started came in on the weekend vials was here we closed the preserve on Saturday to the public that closure is extended indefinitely due to the fires to our south and north currently on the Calwood fire the fire crews are working from Calwood Education Center clockwise around the northern flank of the Calwood fire really working through all that incredibly steep topography along the South St. Brain Canyon to keep that fire from crossing Highway 7 it sounded like the there was some new fire or not new fire activity but most active area of the fire today was to the right of that mouse icon on that would be east of Button Rock along that northern perimeter right about where you're pointing the precipitation and humidity that we got yesterday kept the fire growth of Calwood fire pretty negligible however they're reporting high winds above 9000 feet so they unlimited aerial operations today although they anticipate working with them to support water drops from Ralph Price as soon as they're able to delay get airborne again I've heard some helicopter and fixed wing air traffic today but pretty limited so all those all that news is good so we're continuing to keep our eyes out we're staying in close contact with all the residents on a daily basis there's currently no mandatory evac order or evac warning for Longmont Dam Road or CR 80 Button Rock area but we're keeping close tabs on that keeping the closure of the trail system intact and just being ready to support the firefighting efforts in any way that we can thank you price one other question Jason gave us a report last month that there was some work that was going to go on with regards to the outlet was that has that been done or what's the schedule for that work so can't touch on this too I'm sure but there is work to be done on the regulatory gate which is the on the Button Rock Dam that project is my understanding that's currently under delay while they wait to assess the fire danger to see if the Cameron Peak fire crosses 34 or the Calwood fire crosses highway 7 but yeah that work needs to be done on the regulatory gate on the Button Rock Dam and that's still waiting for the situation to stand wise yeah and Todd the contractor main contractor has been engaged it's Geron with their sub as a AMS which is a firm that does some big barge dam outlet work we actually have a pre-construction meeting scheduled for Wednesday with prior to Saturday's fire was scheduled to mobilize early to mid week next week so we'll reassess on Wednesdays if the Calwood fire hasn't jumped highway 7 it probably means they're starting to get a handle on it plus with the wetter and colder weather coming in this weekend if it doesn't jump highway 7 we probably be okay by the weekend so we'll reassess that both Wednesday and at the end of the week thanks Ken does the board have any other questions for price or for Ken I don't hear any okay we'll go ahead and keep moving next item is agenda revisions and submission of documents everybody should have received an email this morning with three documents one was the bonus ditch draft water court application and then there were two items related to the windy gap firming project memo and then an up updated allotment contract with proposed changes I assume everybody got that if anybody didn't can they speak up okay looks like we have that was anything else Ken in terms of revisions or submission of documents that was it it was just those three submittals okay and we'll go over those when we get to the right part of the agenda here item 7 is the development activity I doesn't look like there is any is that correct Wes yes that's correct there is none for this month but I do anticipating having some for the board to review next month okay thank you I had a mate as general business 8a is the 2021 legit legislative guiding water principles Nelson yeah I thought I'll go ahead and so give a background for for Allison and and Scott so each year prior to the start of the legislation session on staff staff go ahead that we take the guiding water principles for staff and city council and water board uses to kind of go over and kind of guide us on when new legislation bills are are brought forward and so we take a look at those principles and they help us kind of make some decisions on on what the what how to vote towards that towards that bill so we've brought them we haven't made any changes the last several years to them so I've talked to Sandy Cedar assistant city manager and she still plans on taking the all of the city let's legislation principles along with guiding water principles in December of 2020 so that's about time she does it each year so we just kind of talked through if you guys have any questions on them or any changes like I said we haven't changed them for several years now so I'll kind of that okay does anybody have any I know Allison and Scott these are new for you are there any kind of questions comments you or any of the other water board has with regards to the proposed water principles so so what we do is water board didn't give the recommendation to city council and then see council reviews them and and approves them are moving forward or whatever they would like to do with them so Nelson do you want to motion formally adopting these and recommending them to yes we have to watch any each year thought that's correct okay okay sounds good I'll open it up for any kind of questions discussion and if not then we need a motion to recommend the proposed guiding water principles to the city council so I had a quick question Nelson maybe you can answer but does long line have a vote and does it participate in now the state affairs committee at water Congress can do we have a vote I'm not sure what our position is but can so we're not a man we're not a voting member of the state affairs committee no thanks and maybe just a little more background is as we get into the when legislation is actually proposed those bills that are water related to actually come to the board and we can talk about those individually I think what you know the obviously the principles do is kind of help to highlight any items that maybe should be discussed by the board and then if any of them are inconsistent with the guiding principles that is one of the items we'll talk about and maybe recommend to the council of you know if we want to oppose a bill or monitor a bill that sort of thing so you know that there'll still be some feedback coming back for I guess Scott and Allison's benefit there'll be feedback coming back as the less legislation is proposed but trying to get the groundwork laid before we get into the legislative season so in it in one comment a lot of times you read those bills and they you know some of them to get real wordy so then it's good to it's good a lot of times that that I do when I take a look at the initial bills when we're seeing that there will impact our water supply or our citizens then I'll reference those guiding water principles and see if there's any those key words in those bills that are in our principles and kind of help guide that way but yeah Scott I mean you're correct that we we go ahead and bring those bills of water board that we've kind of changed a little bit last couple years it's been going toward the to the dales leadership team and then comes to if the bill gets through there for water boards recommendation to city council and those are the bills that we bring forward is that correct Ken Ken you want to weigh in on that yes that's correct we we bring it after the leadership team is reviewed it and then balance it against the guiding water principles and that that if you have a word to go forward for council action it would be based upon those guiding water principles I guess with I've been said once again are there any questions comments with regards to the proposed 2021 guiding water principles I have one Kathy go ahead Kathy I just wanted to know from Nelson or Ken if they see anything that we haven't addressed in the guiding water principles or that we might want to consider that I do not I go through them every time and they're pretty detailed they got a lot of they cover a lot of things so so I have not seen any the last last several years anything Kathy okay but the good question can if you want to answer that as well yeah no we're very comfortable staff is comfortable with the guiding water principles they they really originally stemmed out of our water supply principles in our raw water master plan we're modeled after that after that so they really track well with the city's overall process for acquiring water rights and managing water rights we do have and protecting them okay alright any other questions of the board looking at everybody on the screen I'm not seeing any hands raised if not we need a motion in a second to recommend the guiding water principles for approval by the city council Kathy I would move to approve the proposed guiding water principles and send to the city council okay we have a motion do we have a second second that's odd okay we have a motion a second any further discussion I think the tie goes to Roger there okay anyway so we have a motion a second any further discussion hearing none all those in favor say I I opposed I okay motion carries thank you sure so next item is 8b which is the bonus ditch change application Scott I know you maybe mentioned you need to abstain from this discussion yeah so for disclosure on the record the bonus ditch company has historically been has used our firm for council while he grant was their longtime attorney and he's now retired and the company came and asked if I could take a look at the city's submitted application under the bylaws for the ditch company and our firm undertook that obligation so we are conflicted with participating here but I can turn my microphone off and my video off and you guys can can move forward and I'll join you back on the other side if that's okay with you Mr. Williams yeah that's fine thank you for disclosing that Scott okay with that let give a second ear for Scott to kind of disconnect there we go I guess with that can you want to go ahead and lead us through the change case application yes thank you Todd so the city along month owns just a little over one half of the shares of the bonus ditch company two major areas we got those shares one is on some of the city's open space sandstone ranch in particular that area out there as well as the golden farm property which is that property east of our wastewater treatment plant north of Ken Pratt Boulevard those two open space properties got about two a third of our shares about two thirds of our shares came as part of the annexation of the Erwin Thomas property and that property is immediately east of the left hand creek where it crosses under Ken Pratt Boulevard and immediately south of Ken Pratt Boulevard we received about two thirds of our share there 34 of the 100 outstanding shares in the company so as a result of owning majority interest in the company as well as the need to move those water rights forward for use by the city its standard practice for the city to go into water court and apply for a change of water rights this particular change case is a little bit different than many of our other change cases for two reasons one is the bonus ditch is extremely low on the creek it's pointed diversion is actually east of Main Street and as a result for a good portion of the summer the water supply that meets its decree comes as return flow from upper ditches rather than water that comes out of the virgin water that comes out of the mountains secondly part of its decree is met by left hand creek and so that obviously we wouldn't be able to move any of that left hand creek water up left hand creek wouldn't be anywhere to put it for us so as a result this change case will not involve an actual change of the water right up to either our water treatment plants or to button rock or any or upper diversion points in essence what we're doing is changing the use of the water from irrigation to primarily augmentation purposes and we'll we'll leave basically leave that water in the st. Rain Creek at the point of diversion and receive credit in the stream for that water for that portion of the water that is came from the open space parcels all of those open space parcels have augmentation requirements from previous gravel mining operations and so those shares will be be used only for augmentation of those gravel pits which is basically leaving that water in with that open space purpose the two-thirds of the water will be changed for all augmentation use for the city primarily because the city has a fairly significant downstream augment or downstream return flow and augmentation requirements primarily return flow from operation of our upper ditches that allows us to use use all of the historical divert historically derivative water and then meet the return flow obligations with something like the bonus ditch water that part is pretty much standard change case in addition to changing the use we will also change the point of diversion from the decreed point of diversion up to what we call the st. Rain Creek pump station number one that diverge water just immediately downstream of main street to a pump station that pumps it up into the oligarchy ditch for delivery union reservoir that way any of the excess bonus water that's in excess of either our return flow augment obligations or augmentation requirements from the gravel pits we then will be able to put that excess water in the union reservoir store it for delivering the winner because some of the augmentation requirements for the gravel pits include delayed return flow obligations in the winter time period from when the irrigation use returned to the stream at a later date so that that allows us to meet those winter time return flow obligations so that we believe that's going to work very well for us and we're fairly confident that we have a you know a good case and good good records will be able to move forward with that case over as part of that case there's two things we're doing one is there will be times when there's either a free river or they're the the call on the south Platte River which is downstream of this point we won't have to worry about the call on the same rain above us because this waters below basically all the ditches in the in the basin other than about last chance and hay seed about the only ditches below us but the south Platte is below us so if that call on the south Platte is junior to this case then we'll be able to appropriate those return flows that historically hit the stream and we'll be able to move them into union reservoir and store them for later in the winter when almost almost all winter long there's at least some call on the Platte River because they have so many reservoirs out there to fill the second thing we need to do is actually move that water up the same rain creek from the current point of diversion to the new point of diversion for the same rain creek pump station so that's called an appropriative right of exchange we're appropriating the right to exchange that water up to that point so both of those are new appropriations and whenever you go in to appropriate a water right you have to do an overt action and prove the intent to appropriate the water for a for a typical water user or at least in the past what you did is you went out and you put a sign on the side of the river or you started digging a ditch in the municipal world it's a little different really the courts have held that to form that intent to appropriate the water it really takes an action of your legislative body in our in our case it's the city council and they take action by passing a resolution authorizing staff to appropriate that water in essence staff can't just say we want to appropriate the water and file a water cart for a new appropriation so this is fairly standard for new appropriations we actually don't do a lot of new appropriations probably maybe once every 10 years is all we do it but when we do it we need to take this action formally with council so what we wanted to do today was present that scenario to the water board and allow water board to make a recommendation what we're asking for is a recommendation the city council to approve a resolution authorizing staff to file for two new appropriations for the bonus ditch as part of our bonus ditch change application and we'd be happy to answer any questions you have about either the change case or the process we'll follow going to city council okay thank you ken rogery it looks like you have a question what's the what are the downsides of this change from the users of the bonus ditch people i mean is there much negativity along with our moves i'm just kind of curious um there really isn't obviously um because the uh other shareholders have an interest in the company um they're going to watch the case real closely and they did well what is the sensible thing to do they had their the board you know engage their own legal counsel to to look at our application this is actually the second uh this will be the second change case for the bonus ditch the same rain and left hand water conservancy district previously changed i believe it was just one share of the company but they did do a change case which set some of the standard standards for bringing a change case on the bonus ditch forward they did a they did a change case it was specific to the share they owned and the location they took it from so our engineering report will be slightly different from theirs but the numbers come out pretty similar in reality the other shareholders bolder county owns almost the rest of the shares and um they have no interest in changing their shares because their shares are in open space and their open space um regulations don't allow them to move water off their open space so they'll they'll not be changing their shares now we do own 16 and a half shares jointly with the same bolder county on open space where where either we own the open space or its own jointly and then so the county has an inherent right in that so for those joint shares um the county will be a their their half interest or their undivided interest and those shares will be changed and so they'll they're kind of a joint applicant we've been working with the county um since about january working out any issues we have with them and they actually just did sign a consent form to consent to this change so that helps a lot that that indicates their acceptance of the project moving forward there are four other minority shareholders have like a half a share each and they are actually um on the bottom end of the ditch they just have small you know five acre tracks that they irrigate their lawn with all four have indicated no concerns with the change case i have um one of those four have actually already signed a consent form to include their shares um it's actually a benefit uh if you include your shares if you're a minority shareholder because then all it does is add an additional legal use to them it doesn't take away any rights they have to to irrigate with it and it can't be used unless they give permission to use that so one of the four i already have a consent form two of the four have indicated they intend to send me a form they just got to get it notarized and the fourth one is looking at it and they say well we'll never add extra never do anything we're not sure we want to do it but they they understood what we're doing and have expressed no objection or concern about it so we believe uh we've received at least either overt um action from and consent forms from all the other shareholders or at least uh an expression of no concern about it so we do we do believe it'll move forward fairly easily thank you alson go ahead um thank you ken has is there a catlin approval required and any of the by-laws the bonus ditch ditch by-laws require approval by the company board of directors for a change and we did actually go to their board this last month and the and the board of director well we actually ask them to call a full stockholders meeting make sure the stockholders could give input to the board at the same time as we were presenting our case so they had a special stockholder meeting and their the stockholders did not express a concern and so the board did go ahead and approve our change application um second question if i may are there any any intervening water rights on the exchange reach um there there are no currently no intervening water rights actually it um the only intervening water right is a city of long months recreational in channel diversion uh flow which is goes right through this this section um so during those periods where we want that flow we'd be able to leave it in and take credit um we'd really only move it up during the spring runoff when there's more flow for us for us it's actually a little bit more interest for most of the year to keep it in the stream and keep our our greenway going well and receive the credit but there are no intervening water rights and um so really the the the appropriate variety of exchange would most likely not even not not be you know come into play unless somebody tries to move water up above us and through our reach so we'd have both this appropriate exchange as well as the RICD to protect us in that scenario so i apologize i haven't looked at the application in detail is uh a RISD one of the uses that specifically applied for um we didn't explicitly include our RISD filing for this however if if we're if we're getting credit if we're planning on taking credit down below this is just below our RISD filing so if we're taking credit below it i think not only would this case protect us our RISD would would help pull that water down to the point of diversion and where we want credit for it so i think they'll work in tandem yes okay and is augmentation one of the uses that's being claimed i'm sorry i didn't catch that one augmentation yeah augmentation is is really our primary um use the word change of use that we're applying for okay so in that case you could just include it in the as an exchange source potentially yeah yeah and and uh one of the things this will do for us is uh there are augmentation credits even below around the sandstone ranch reach that that some of the shares came off that sandstone reach and so it'll be meeting those existing augmentation requirements we're actually meeting with other water rights and that will free up those water rights to better facilitate delivery of water to some of our agricultural water users on our open space then of course the second thing is it really helps us out with making sure that flow remains in our greenway which is a benefit for that a dual benefit thank you thank you can i've got one question in the map that you guys sent out there's a same rain creek pump station number two you mentioned the number one what would be in that same rain creek pump station number two is it basically the intersection of the same rain river in highway 119 how would that fit into kind of your future plans and i i believe that's a future pump station to be constructed is that right that is correct yeah we have both the same rain creek pump station number one which we have constructed and have used and are using and then same rain creek pump station number two is to be built it was located on the same rain creek just as it goes underneath highway 119 by the del Camino area that pump station would then go into pipeline that pumps up to union reservoir that does a number of things there's more water of course down below the confluence of boulder creek and st rain creek also all of the water rights that are all the irrigation has return flows as well as this water that we deliver down once it hits that point is appropriatable and so we get appropriated but also we could leave this water rather than take it out of the pump station number one once that one's constructed we could leave it in the stream for a greater reach of the stream and to get it through more of our greenway and then be able to pull it down below where it's it's had the opportunity to to benefit our greenway the lower half of our greenway as well as supply the pump station number two that's a project that's probably years and years out yet but we want we always include it in all of our filings and just just so when it does happen we don't ever have to go back okay that makes sense cathy did you have any questions comments on this no i'm just trying to make my dog be quiet that sounds good all right if there's no other questions comments we need a recommendation to the city council of approving a resolution for the change case someone someone want to make that motion i'll make it all right roger makes the motion is there a second allison is doing the second on this one any further discussion hearing none all those in favor say aye aye opposed okay that motion carries um so that resolution will be provided to the city council for approval to in advance of the water change case application or in advance of it so it's it's 340 right now i mentioned before the meeting got going i actually have an obligation this afternoon and as you get into the winnie gap firming project update and allotment contract i think now is a good time for me to kind of step out i'm going to let cathy run the meeting so i can hopefully make my son's football game yet this afternoon so you know with that i'm going to turn it over to cathy and um i think scott will join back in and anyway we'll go from there so thank you guys okay good luck in their game thanks Todd thank you okay see you guys okay so i think that we are at the items from staff winnie gap firming project update and i think that's on you ken thank you very much vice chair um yeah two things i wanted to do i wanted to just give you a quick update on the winnie gap firming project um we actually got um possibly good news on the federal lawsuit today the the judge had uh sent out a uh order i guess i call an order request i i think you'd call it an order um to all of the participants uh in the lawsuit who in their um motions and in their filings referenced any part of the federal record uh of the project asked them to send a uh electronic version of an excerpt of that part of the record that they're referencing in their arguments for the motions uh to the court which um at least tells us that the judge is looking at the case um you know it it has been uh it was a year last july when the final motion um motions were made the final evidence taken and um been pretty much radio silence for a year and three months now and so um it's it's good news that at least that much is happening uh the judge did give a short turnaround time to provide that information uh the end of october which was a little surprising uh which is good news because if the judge gets that information um it's certainly hopeful uh that by the end of the year we might actually have a ruling on that case um if that means the judge is looking at it and trying to put together a uh a decree uh so that is good news um as far as the project itself uh the project did get um a cost estimate from the contractor um as you may remember barnard construction out of um zulu montana uh or bozeman montana um is the contractor for the for the job they have been working about a year now on on submittals and design of the cofferdam and uh getting getting uh some site growing done and a few other projects moving people in um such that when the federal lawsuit is finally settled we'll be able to start construction immediately um but because their original uh bed uh for construction had uh had a latest start date of the end of october um did have to get a new number from them uh for construction um if we can start uh by the next spring basically um about a six month extension that was uh about a four and a half million dollar uh addition so short short answer it runs surrounding us about a million dollars a month um to to uh weight out the federal lawsuit but that's not a real significant increase um in you know on a four hundred and eighty five hundred million dollar project uh with with contingencies and engineering about six hundred million dollars so it sounds like that sounds like big dollars but but it's a very reasonable amount um that gets us that buys us that contract and that contractor and everything will stay on on track for the next six months um as far as uh some of the mitigation one of the the biggest projects is the uh connectivity channel around the windy gap reservoir on the Colorado River on the west slope um that has been bid out um and it's actually a design build so they did a 30 design and then they bid out the actual remainder of the design the final design and construction uh and the firm by the name of concrete structures got the final bid they'll actually be the general contractor and I don't have who their engineer is honestly but um they're they're they actually we started draining the windy gap reservoir on the Colorado River on Labor Day it's now down to essentially dead pool uh so that they can do the geotechnical investigations uh to where the the dam will actually be reconstructed out away from the railroad tracks leaving a path wide enough for the construction of a connectivity channel and so um all of that is going well uh again there's a little bit of money that still needs to be had put together the total project but um we're very close on that so that's that's going well um and then um getting back to the final allotment contract as as the board may recall we came to you in September with the allotment contract for review and you and you recommended uh city council accept that final allotment contract and pass a resolution approving it and directing the city to sign into it um since that time there have been a couple of minor changes on the allotment contract and i don't need any waterboard action on this unless one of the waterboard members feels um that the the changes or substantive changes that um that you feel um you either can't accept or or need need change so i'm going to share my screen and walk through the changes in the allotment contract uh really honestly the um the city along month there's there's two ways of a participant funding you need to give cash um to uh the project which is what the city is will be doing or you can participate in some pooled financing the changes were actually for the benefit of the pooled financing folks and so it doesn't apply to long month so that's why we you know we did feel they were not substantive to long month but i'd still like to share my screen i'll just run through them real quick it hopefully won't take me too long but um but i'd like to highlight them real quick so let me try to share my screen here and uh there we go does everybody have that i i do everybody okay okay so um the first change in the in the agreement was in section 5.7 which is amendments which allows um the future amendment of this agreement without having to do a completely new agreement um as you can see um it requires 75 percent of the allotees so that that uh protects long month protects the allotees leaves a little window open uh for uh jointly times when all the allotees feel uh amendments necessary the change in this section is the bottom part here um which basically there was a concern so some project participants will bring cash and will participate participate in the pooled financing and some may want to do all pooled financing but may decide later to bring some cash so there was a concern that since this contract like right now it says long month will bring all cash it says other entities will bring all will be all pooled financing this allows minor modifications to the payment in this case it's long month's contract so it says an amendment to the payment if we were to decide we wanted to participate in the pooled financing to allow us to do that upon giving notice without having to adjust the contract so unlikely that we would do that but um uh there's there's that possibility then um let me go down six point four um on six point four one we simply long month is utility enterprise and it's the agreement simply says that we weren't the word utility enterprise which we are so that's a that's a fairly easy one and then that was really all of the amendments that that pertain to long month um so but i will go on down here to uh there's a couple of recitations to section eight point one eight um whoops me i think i'm whoops there we go sorry about that um eight point one eight is a brand new section for the loan a lot tease again it won't apply to long but a number of the loan a lot tease um after they got to looking at at the cost for doing a 30 year note decided they wanted to do a 20 year note the problem was that some of the lottees didn't have the money to do a 30 year note so they had to craft language in the agreement that allowed participants to basically have what was essentially a 20 year note but that would get paid off over 30 years so that there was never a question of whether at the end of the 20 years are they um still on the hook for payment of the bonds out to the end of the 30 years um that became a little bit of a wordsmithing exercise with the bonding companies um mostly because when that when this language is reviewed by somebody who might want to buy these bonds they're comfortable that they have the assurance that everybody that's taking a bond out is on the hook uh to pay that bond off essentially what what what we have in the for the pooled financing is that the pooled financing participants have a step up provision that says if one of the other participants forfeit or don't make their payments everybody else will step up to make that payment um they'll get that capacity they'll learn that they'll own that interest and there's some pretty stiff penalties for people um step you know not doing their bonds but um this gives a lot more assurance to the bond holders that everybody in the project will pay um I don't think there's really much concern about that we just got done in 2017 paying off a 30-year note on the parent rindy gap project not a single payment was missed in any of the 30 years by any of the participants so um I would be stunned that anybody would um pay off you know would let go of a uh $17,000 an acre foot uh project when it's $70,000 to go get CBT so uh but you know the the bond you want that that for the bond so again that doesn't apply to Longmont other than it is in our agreement so that's really all of the changes um that we have in the agreement and why we we feel that they're really not too substantive for Longmont um but we wanted to bring it to the board since you had already approved it and we will be going to council either next a week from Tuesday on the 27th or on November 10th one of those two dates for that final approval and we wanted to give the water board an opportunity if anybody had a concern on any of those changes uh to let us know and then we'd so inform council okay thanks Ken any questions from anybody on the board about this I'm not seeing any so I think we can move on thanks Ken is there any water resources engineering projects then yes I'd like to go ahead and do that for Jason he's a little uh preoccupied right now in fact he's not even in the state his house is one of the uh uh evacuee houses for the Cameron Peak fire uh fortunately it's a voluntary evacuation um uh he lives um north and just a little bit east of Carter Lake and uh actually on the uh over the weekend the property west of Carter Lake was under a mandatory evacuation and his his was a voluntary evacuation so you know that's a little exciting when it happens to you uh but anyway um he would have reported to us today um three three projects we've already talked about the button rock um outlet repair project um so if there are any further questions on that be happy to answer them two other projects the South St. Graham pipeline which is uh the very last of our flood repair projects um is is well underway uh the main the prime contractors completed all their work they they're sub um basically we had to have a contractor come in and put additional manholes in the pipeline because some of the lengths of the pipeline were too long to be able to be cleaned so put in some manholes and now they're all in and the sub who's going to actually come in and jet and clean out the pipe um we'll be doing that that next and then the prime will then be a prime contract will then be able to line a couple sections of that pipeline that pipeline then be up and new so that um sub is was scheduled to mobilize at the end of this week um I'd be stunned if he gets in the end of this week given given that uh Lyons is under a volunteer evacuation notice uh uh they're they're not mandatory but they've been notified uh well as the fire is unlikely to be completely contained and and by the end of the week but hopefully after some cool weather this weekend I'm really hopeful that it will so depending on the fires probably early next week that um contractor will be in to work on that so unfortunately two of our three contractors are being held up the final project was the pump station on the South St. Rain pipeline that that um Jason has um mentioned before um that is we're getting some funding um to build a pump station to pump some of the water from the South St. Rain pipeline and North St. Rain pipeline the contractor was selected for the design engineer for that was selected Burns and McDonald engineering consultants they've executed a contract um the kickoff meeting for that design effort is scheduled for the first week in November so that design should be well underway and um and hopefully finished um early next year so that uh we can do that construction next spring so that's all I have on the uh construction projects right now I'm great uh any questions from the board on that review okay seeing none I think we can move on uh any items from the board um review of major project listing many things scheduled for future board meetings nothing okay and um is there any Heather maybe you know any water board correspondence only what was attached in your packet okay so nothing new all right and um I see the only thing I see down here for items tentatively scheduled for future board meetings is the cash and lou review that we do um periodically um four times a year and so that will be in December okay any other questions or comments from staff or board roger go ahead roger I we can't hear you roger I'm here can you hear me now yeah Heather are you there yes I am I'm here yeah I got a text on some meeting times from five to seven p.m what what did you originate that about inviting skin intent I thought it had to do with our board meeting being shown at a different time but no I haven't sent any text messages all right forget I said anything okay this three texts there you go all right thanks okay anything else from the board doesn't look like it well I guess with that we're ready to adjourn then nothing else going so thanks everybody and we almost made it for Todd's early departure but it was good I like to hear all your summaries Ken thank you okay thank you very much thank you bye thank you