October 24, 2008

Charles Lawson called the meeting to order at 10:01am

Board members present were Charles Lawson, Pat McIntyre, Mel Earls, Gloria Crockett and Ed Tremper.

Employees present were Lynne Arndell, Marlon Cook, Teri Hurt and Joe Seng.

Members of the audience: George Benesch, Attorney

George Benesch led the pledge of allegiance.

#1. Approval of Agenda – Gloria made a motion to approve the Agenda. Ed seconded. None opposed. Motion passed.

#2. Public Participation – Charles brought up 1926B. Wanted to explain that if we get a loan that is guaranteed by Rural Development we then have a monopoly over our area of use. Meaning under the protection of 1926B no other entity can encroach upon our service area and take revenues away from us. Charles wanted to make sure the Board was aware of this.

#3. George Benesch – Discussion and Possible Decision on Filing for Water Rights on Test Well Drilled by USGS – Charles explained that the USGS had drilled several test wells in the area, one in particular which was drilled on the divide between Stagecoach and Mark Twain hit at 83’ and after clean out rose to 59’. That put it’s level above the other wells drilled in Mark Twain and on the Flats. It’s water quality (which was good) was not consistent with the two other wells either which draws the possible conclusion that this may be a separate water source. Charles asked Mr. Benesch to come in and discuss if it was possible to file for water rights on this well. Mr. Benesch said after speaking with Charles he believed it was an excellent idea to pursue this well site and that a Water Rights Surveyor would be the best step to take as they can file all the appropriate paperwork necessary on your behalf. Mr. Benesch believes any involvement he would have would be minimal as he would be available if any problems were to arise, but strongly suggests having a Water Rights Surveyor file the paperwork. When asked if many entities had success filing on a new source of water. Mr. Benesch said due to the over appropriation of the Basin, chances for success were not very good. However, the GID can transfer existing rights to that well which would preclude anyone else from going after it. Mr. Benesch was asked what is rate was? He replied $250.00/hr. but he does give a $25.00/hr discount to government entities. Charles asked the board if they thought this was something the GID should pursue and if the GID would like to hire Mr. Benesch to shepard this through? Ed made a motion to hire George Benesch to oversee the process of transferring existing rights, and to select a water rights surveyor to begin the process. Gloria seconded. None opposed. Motion passed.

Mr. Benesch presented the Board with a “Proposal for Professional Services” (see Attachment A), which Charles read aloud. Mel made a motion authorizing Charles to sign the Proposal. Ed seconded. None opposed. Motion passed. Mr. Benesch stated that termination of this agreement is acceptable at any time. He also stated that in the interest of acting swiftly on this matter, upon hiring of the water rights surveyor he will pay him with his funds and then bill the GID accordingly.

#4. Adjournment – Mel made a motion to adjourn. Gloria seconded. None opposed. Motion passed.

Meeting was adjourned at 10:44am.

Minutes documented by Teri A. Hurt _________________________________

Respectfully Submitted,

_______________________________

Mel Earls

Secretary

(Attachments are with original minutes located at the GID Office. Copies of minutes and attachments are available upon request at a cost of .25 cents/page.)