northern water board agenda may 14, 2020 · presenter: brad wind action: none 6.c. other matters...

Northern Water Board Agenda May 14, 2020

9:00 AMThe Northern Water Board Meeting will be held via Zoom Meeting Webinar

The public may attend this meeting by accessing the Zoom Meeting information listedbelow.

Please click the link below to join the webinar: https://zoom.us/j/529874523?pwd=Y01SR2RhN0hLeXloVnAyTlE1KzdjZz09

Please dial the number below for audio only access to the meeting:877-369-0926 (Toll Free)Webinar ID: 529 874 523Password: 193778

Public access to the webinar will be in “listen only” mode. Members of the public wishingto address the Board should submit their comments by 8:30 a.m. Thursday, May 14, byemail to: generaldelivery@northernwater.org or by phone message to 970-292-2517.Comments submitted by the deadline will be read into the record by staff during themeeting. Northern Water is implementing this process to comply with the COVID-19statewide safer-at-home order while still providing ample opportunity for publicinvolvement.

1. Preliminary Items

1.A. Call to Order: Roll Call and Verification of QuorumPresenter: Chairman ApplegateAction: None

1.B. Public Comment on Non-Agenda ItemsPresenter: Chairman ApplegateAction: None

1.C. Agenda ModificationPresenter: Brad WindAction: None

Northern Water Agenda and Meeting MaterialsMay 14, 2020

1.D. Recommendation for Executive SessionPresenter: Brad Wind and Karen RademacherAction: As Needed

2. Consent AgendaItems listed below are considered routine and may be enacted by the Chairman asindicated. If any Board member desires discussion beyond explanatory questions orcorrections to the minutes, the Chairman may order that item to be considered in aseparate motion and vote.

2.A. Minutes of April 2, 2020, Planning SessionPresenter: Chairman ApplegateAction: Motion to ApproveMinutes for the April 2, 2020, Planning Session

2.B. Minutes of April 9, 2020, Board MeetingPresenter: Chairman ApplegateAction: Motion to ApproveMinutes for the April 9, 2020, Northern Water Board Meeting

3. Routine Items

3.A. Financial Matters - Treasurer's ReportPresenter: Jerry GibbensAction: Motion to AcceptNorthern Water Treasurer's Report April 2020

3.B. Financial Matters - Disbursements ReportPresenter: Director EmslieAction: Motion to ApproveNorthern Water Disbursements Report April through May 8, 2020

3.C. Recommendation of Fiscal Year 2021 Budget OfficersPresenter: Kristyn UnreinAction: Motion to Appoint

3.D. Operations and Maintenance ReportPresenter: Jerry GibbensAction: NoneO&M Report for May 14, 2020

3.E. Storage and Delivery SummaryPresenter: Sarah SmithAction: None

3.F. Water Supply OutlookPresenter: Luke ShawcrossAction: None

3.G. Division Director Reports1. Administration Division2. Engineering Division3. Environmental Services Division4. Operations DivisionPresenter: Division Directors Karen Rademacher, Jeff Drager, Esther Vincent, andJerry GibbensAction: None

3.H. Legal ReportPresenter: General Counsel, Trout Raley P.C.Action: As NeededTrout Raley May 14, 2020Berg Hill Greenleaf Ruscitti April 2020

4. Northern Water Discussion and/or Action Items

4.A. Summary Report of the Finance and Benefits CommitteePresenter: Committee Chairman YanchunusAction: None

4.B. Resolution D-1343-05-20 Group Pension Plan and Trust Amendment andRestatementPresenter: Judy SkramAction: Motion to AdoptResolution D-1343-05-20 Group Pension Plan and Trust Amendment andRestatement

4.C. Northern Water Inactive Account StatusPresenter: Sherri RasmussenAction: As Needed

4.D. Regional Pool Program ConsiderationPresenter: Luke ShawcrossAction: As Needed

4.E. 2020 Aquatic Nuisance Program Funding for Colorado-Big Thompson ProjectFacilitiesPresenter: Kimberly MihelichAction: Motion to Approve

5. Water Activity Enterprises - NISP, SWSP, PVP, and Hydropower

5.A. Financial Matters - Treasurer's ReportPresenter: Jerry GibbensAction: Motion to AcceptEnterprises Treasurer's Report April 2020

5.B. Financial Matters - Disbursements ReportPresenter: Director EmslieAction: Motion to ApproveEnterprises Disbursements Reports April 2020

5.C. NISP Monthly Enterprise ReportPresenter: Carl BrouwerAction: NoneNISP Update May 2020

5.D. Adjudicatory Hearing Order Regarding the Water Quality Control Division'sFinal 401 Certification for NISPPresenter: Esther Vincent and Special Counsel, Berg Hill Greenleaf RuscittiAction: None

5.E. SWSP Monthly Enterprise ReportPresenter: Carl BrouwerAction: None

6. Information Items

6.A. Board of Directors RoundtablePresenter: Chairman ApplegateAction: None

6.B. Future Events:

May 20 and 21, 2020, CWCB Virtual Board Meeting

June 4, 2020, 8 a.m., Rescheduled Audit Committee Meeting (originallyscheduled for April 9, 2020)

June 11, 2020, 8 a.m., Legal and Legislative Committee Meeting

July 23, 2020, 9 a.m. - 2 p.m., Fiscal Year 2021 Budget Review Workshop

Presenter: Brad WindAction: None

6.C. Other MattersPresenter: Brad WindAction: None

7. Executive SessionMatters that fall within C.R.S. § 24-6-402 (4) (a) through (g) may be discussed¹

____________________1 The Executive Session listed above may be cancelled at the discretion of the Board of Directors at thecommencement of, or during, this meeting.

NORTHERN COLORADO WATER CONSERVANCY DISTRICT AND

NORTHERN WATER MUNICIPAL SUBDISTRICT

MINUTES OF BOARD PLANNING SESSION

HELD AT NORTHERN WATER HEADQUARTERS

April 2, 2020

1. PRELIMINARY ITEMS

A. Call to Order and Board Quorum Verification

Board members present at Northern Water headquarters were: Northern Colorado Water

Conservancy District (Northern Water) Municipal Subdistrict (Subdistrict) President Dennis

Yanchunas. Board members attending the meeting remotely via audio/visual conference call were:

Northern Water President Mike Applegate, Northern Water Vice President John Rusch, Subdistrict

Vice President Bill Emslie; and Directors Sue Ellen Harrison, Jennifer Gimbel, Don Magnuson,

Gene Manuello, Rob McClary, Dave Nettles, Dale Trowbridge and Todd Williams.

The following staff members were present at Northern Water headquarters: General Manager Brad

Wind and Operations Division Director Jerry Gibbens. Staff attending the meeting remotely via

audio/visual conference call were: Administration Division Director Karen Rademacher;

Engineering Division Director Jeff Drager; Environmental Services Division Director Esther

Vincent; and Legal Counsel Bennett Raley and Peggy Montaño. See the attached list for additional

staff and guests in attendance.

B. Public Comment on Non-Agenda Items

Northern Water President Applegate asked for public comment on non-agenda items. There were

no public comments.

C. Agenda Modifications

Northern Water President Applegate asked if there were any agenda modifications. Mr. Wind

stated that staff did not recommend any agenda modifications.

D. Recommended Executive Session

Northern Water President Applegate next asked for a discussion of a potential Executive Session.

Ms. Rademacher discussed the following proposed Executive Session topic:

Northern Water and Subdistrict

• To receive advice from legal counsel as authorized by C.R.S. § 24-6-402(4)(b), regarding

Windy Gap Project litigation.

PRELIMINARY – SUBJECT TO CHANGE

Board Planning Session

April 2, 2020

Northern Water President Applegate asked for a motion to convene in Executive Session.

Subdistrict Vice President Emslie moved to convene in Executive Session for the stated reason.

Northern Water Vice President Rusch seconded the motion and it passed unanimously.

2. DISCUSSION AND STUDY ITEMS

A. Market and Economic Observations in Light of COVID-19

Northern Water President Applegate next asked for a perspective on market and economic

conditions in light of the ongoing COVID-19 pandemic. Mr. Gordon Tewell, representing Innovest

Portfolio Solutions, Northern Water’s investment advisor, discussed the following market and

economic observations in light of COVID-19: (1) economic indicators show that the U.S. is

entering a recession; (2) most individuals and households do not have a financial reserve fund for

six months of expenses; (3) current economic uncertainty tied directly to COVID-19; (4) details

of the $2.2 trillion economic stimulus measure passed by Congress in March; (5) first quarter

performance for Northern Water’s defined benefit retirement fund; (6) Innovest currently has no

recommended changes to the defined benefit retirement fund; and (7) economic and investment

challenges for the defined benefit retirement fund, particularly regarding bonds, moving forward.

A brief discussion and questions followed. Northern Water President Applegate thanked

Mr. Tewell for his report.

B. Legislative Update and Legislation Recommended for Board Action

Northern Water President Applegate next requested an update on the 2020 Colorado legislative

session in light of the ongoing COVID-19 pandemic. Ms. Julie McKenna, Brandeberry McKenna,

Public Affairs, Legislative Consultant for Northern Water and the Subdistrict, reported on the

following issues: (1) adjournment of the Colorado legislature on March 14, 2020; (2) a ruling by

the Colorado Supreme Court that the legislature’s 120-day session does not have to be consecutive;

(3) the legislature’s intent to reconvene later this year to finish out its final 53 days (although an

exact date has not been set); (4) 355 bills remaining to be considered by the legislature during the

2020 session; (5) bills with a fiscal note are unlikely to advance due to the extreme economic

uncertainty related to COVID-19; and (6) no severance tax income this year, which will negatively

impact a number of water-related programs. A brief discussion and questions followed.

Ms. McKenna next briefly discussed the current status of Senate Bill 20-189, Local Government

Pesticide No Preemption, concerning provisions that preempt a local government's authority to

regulate the use of pesticides within the local government's jurisdiction. Ms. McKenna stated she

had nothing further to discuss with the Board. Northern Water President Applegate thanked

Ms. McKenna for her report.

C. Northern Water Operations in a COVID-19 Environment

Northern Water President Applegate next asked for a report on Northern Water operations during

the COVID-19 pandemic. Mr. Wind stated that on March 12, 2020, Northern Water staff, in

conjunction with the Board of Directors, convened Northern Water’s Emergency Response Team

(ERT), with Mr. Bernie Lodge, Emergency Management Specialist, acting as Manager of the ERT.

April 2, 2020

Mr. Wind noted that the ERT initially met once daily, but that currently the ERT is meeting weekly

unless more frequent meetings are needed. Mr. Wind next asked Division Directors to briefly

report on operations during the COVID-19 pandemic.

(1) Administration Division

Ms. Rademacher next briefly discussed recent activities and informational items for the

Administration Division (Communications, Contracts, Financial Services, Human Resources,

Information Technology, Water Accounting, Records & Administration departments) during

COVID-19, including: (1) departments with all employees working remotely from home;

(2) departments with some employees whose tasks requiring a portion of their work to be done at

the Berthoud headquarters or another location; and (3) departments with tasks and responsibilities

that are more difficult during COVID-19.

(2) Engineering Division

Mr. Drager next briefly discussed recent activities and informational items for the Engineering

Division (Real Estate and Emergency/Security, Project Management, Water Resources, Water

Rights departments) during COVID-19. He reported that nearly all Engineering Division

employees were working remotely from home, with several exceptions, largely in Real Estate and

Emergency/Security Department.

(3) Environmental Services Division

Ms. Vincent next briefly discussed recent activities and informational items for the Environmental

Services Division (Field Services, Water Efficiency, Water Quality departments) during

COVID-19, including: (1) Field Services as the department most impacted by COVID-19 in her

division due to Field Services employees’ inability to conduct most of their tasks due to the

pandemic; (2) Water Efficiency Department staff and activities (including training) impacted by

COVID-19; and (3) current status of onboarding new employees during COVID-19.

(4) Operations Division

Mr. Gibbens next briefly discussed recent activities and informational items for the Operations

Division (Collection Systems, Distribution Systems, Facilities & Equipment, Instrumentation

Control & Electrical Engineering, Safety departments) during COVID-19, including:

(1) preparations underway by the Collection Systems Department to begin collecting water during

spring runoff; (2) the Distribution Systems Department began delivering irrigation water on

April 1; (3) ongoing activities related to the Pleasant Valley Pipeline, the Southern Water Supply

Project (SWSP) Pipeline; (4) ongoing efforts to test and put the new SWSP II pipeline into

operation; and (5) safety activities which are being overseen by Safety Officer Todd Klimkowsky.

Finally, Mr. Gibbens showed a video of the first water over the recently reconstructed Poudre

River Drop Structure located at the terminus of the Hansen Supply Canal.

April 2, 2020

D. Supplemental 2020 Quota Declaration Preview

Northern Water President Applegate next asked for a preview of Colorado-Big Thompson (C-BT)

Project supplemental quota for the remainder of the 2020 water year. Mr. Wind provided several

brief introductory comments. He encouraged Directors to, if possible, provide allottees and the

public with an indication where the Board may be heading in terms of a quota declaration during

the April 9, 2020, Northern Water Board meeting.

Mr. Luke Shawcross, Water Resources Department Manager, referred Directors to a PowerPoint

presentation and discussed: (1) April 1, 2020, C-BT Project active storage; (2) November 2019 –

February 2020 cumulative mean areal precipitation within Northern Water boundaries;

(3) March 24, 2020, U.S. Drought Monitor map for Colorado depicting a relatively small amount

of D0-D1 drought conditions in the far eastern portion of Northern Water’s service area; (4) current

status of local storage; (5) March 30, 2020, statewide snowpack of 108 percent of average;

(6) 120 percent of average snowpack in the South Platte River Basin; (7) 111 percent of average

snowpack in the Upper Colorado River Basin; (8) select SNOTEL reports for the Upper Colorado

River basin and South Platte River tributaries showing above average snowpack; (9) March 1,

2020, average to slightly above average streamflow forecasts for the East Slope and West Slope;

(10) April through June 2020 precipitation outlook; and (11) staff’s preliminary recommendation

that Directors raise the existing 2020 C-BT Project quota of 50 percent (set during the October

2019 Board meeting) to a 70 percent quota for the remainder of the 2020 water year, based upon

the information just reviewed by Mr. Shawcross.

A general discussion ensued. Northern Water Vice President Rusch stated that he agreed with

staff’s recommendation for a 70 percent quota. Director Trowbridge, Subdistrict Vice President

Emslie and Northern Water President Applegate concurred. A brief discussion ensued regarding

methods for staff to relay to allottees and the public the Board’s preliminary discussion and

indication of a likely 70 percent C-BT Project quota declaration for the remainder of the 2020

water year. Following a brief discussion and questions, Mr. Shawcross stated that he would have

updated information for the Directors’ consideration during the April 9, 2020, Board meeting.

3. PREVIEW OF APRIL 9, 2020, SUBDISTRICT BOARD MEETING AGENDA

TOPICS

A. Agreement Amendment with Stantec for Services During Chimney Hollow

Reservoir Preconstruction Extension

Northern Water President Applegate next asked for a discussion of a proposed Amendment to a

Consulting Services Agreement by and between the Subdistrict’s Windy Gap Firming Project

WGFP) Water Activity Enterprise (WAE) and Stantec, for an extension of engineering services

during the preconstruction period the for Chimney Hollow Reservoir (CHR) Project.

Mr. Joe Donnelly, Project Manager and Water Resources Engineer, referred Directors to copies of

a contract summary and PowerPoint presentation and discussed the proposed contract amendment,

including: (1) details of Change Order No. 19 for an extension of engineering services, including

closeout of design and completion of the procurement process for the CHR Project; (2) scope of

work; (3) schedule; and (4) a total amendment amount of $410,580 for Change Order No. 19.

April 2, 2020

Following discussion and questions, Mr. Donnelly asked Directors to review the contract summary

and scope of work prior to the April 9, 2020, Board meeting, when staff would ask Subdistrict

Directors to consider the agreement amendment for approval.

B. Agreement Amendment with Project Review Board Members for Services

During Chimney Hollow Reservoir Construction Period

Northern Water President Applegate next asked for a discussion of a proposed Amendment to a

Consulting Services Agreement by and between the Subdistrict’s WGFP WAE and Five Project

Review (PRB) Board Members, for an extension of PRB services during the construction period

the for CHR Project. Mr. Donnelly referred Directors to copies of a contract summary and

PowerPoint presentation and discussed the proposed contract amendment, including: (1) scope of

work; (2) schedule; and (3) a total amendment amount of $375,000. Following discussion and

questions, Mr. Donnelly asked Directors to review the contract summary and scope of work prior

to the April 9, 2020, Board meeting, when staff would ask Subdistrict Directors to consider the

agreement amendment for approval.

4. PREVIEW OF APRIL 9, 2020, NORTHERN WATER BOARD MEETING

AGENDA TOPICS

A. Agreement with Soldier Canyon Dam Outlet Water Users for Supplemental

Water Delivery System from Hansen Supply Canal

Northern Water President Applegate next requested a discussion of a proposed Agreement by and

between Northern Water and the City of Fort Collins, the Tri-Districts and the Pleasant Valley

Pipeline WAE, regarding a project for a supplemental means to deliver Horsetooth Reservoir water

to the Fort Collins water treatment facility and the Soldier Canyon Water Treatment Plant.

Mr. Landon Shaw, Project Engineer, referred Directors to copies of a contract summary and

PowerPoint presentation and discussed the proposed contract, including scope of work and

schedule. Mr. Shaw noted that this agreement is necessary to provide an alternate, supplemental

supply of water to the water treatment plants during a 30 to 45-day outage for maintenance and

rehabilitation of the Soldier Canyon Outlet beginning in October 2020. Following a brief

discussion and questions, Mr. Shaw asked Directors to review the agreement amendment prior to

the April 9, 2020, Board meeting, when staff would ask Northern Water Directors to consider the

agreement for approval.

5. INFORMATIONAL ITEMS

A. Board of Directors Roundtable

Subdistrict President Yanchunas stated that he was extremely impressed with staff for their

extraordinary efforts during the COVID-19 pandemic. He thanked employees for their diligence

and hard work.

April 2, 2020

B. Future Events

Northern Water President Applegate asked for a discussion of future events.

Mr. Wind next reminded Directors of the following future events listed in the meeting agenda:

(1) April 6, 2020, 1 p.m., Windy Gap Participants Committee audio/visual teleconference

meeting

(2) April 7, 2020, Spring Water Users Meeting CANCELLED

(3) April 9, 2020, 8 a.m., Board Audit Committee meeting POSTPONED to May 14, 2020

(4) May 7, 2020, 8 a.m., Board Finance and Benefits Committee meeting

(5) May 14, 2020, 8 a.m., Board Audit Committee meeting

(6) May 20-21, 2020, Colorado Water Conservation Board meeting

C. Other Matters

Northern Water President Applegate asked if there were any other matters to discuss. There were

no additional matters to discuss.

6. EXECUTIVE SESSION

Northern Water President Applegate convened in Executive Session for the following purposes:

Northern Water and Subdistrict

• To receive advice from legal counsel as authorized by C.R.S. § 24-6-402(4)(b), regarding

Windy Gap Project litigation.

Following the conclusion of the Executive Session, Northern Water President Applegate

reconvened the Board Planning Session.

There being no further business to come before the Boards, Northern Water President Applegate

adjourned the meeting.

April 2, 2020

ADDITIONAL STAFF AND GUESTS IN ATTENDANCE APRIL 2, 2020

Note: Staff and guests listed below attended the meeting remotely via audio/visual teleconference

Ty Cooper Senior Network Security Administrator

Joe Donnelly Project Manager and Water Resources Engineer

Liz Larmon Administrative Support Specialist

Landon Shaw Project Engineer

Luke Shawcross Water Resources Department Manager

Greg Silkensen Communications Department Assistant Manager

Sarah Smith Water Accounting Department Assistant Manager

GUESTS

Julie McKenna Brandeberry McKenna Public Affairs

Gordon Tewell Innovest Portfolio Solutions

NORTHERN COLORADO WATER CONSERVANCY DISTRICT

MINUTES OF BOARD MEETING

HELD AT NORTHERN WATER HEADQUARTERS

April 9, 2020

1. PRELIMINARY ITEMS

A. Call to Order and Board Quorum Verification

The Board of Directors of the Northern Colorado Water Conservancy District (Northern Water)

met pursuant to call. Attending the meeting remotely via audio/visual conference call were:

President Mike Applegate, Vice President John Rusch, and Directors Bill Emslie, Jennifer Gimbel,

Sue Ellen Harrison, Don Magnuson, Gene Manuello, Dave Nettles, Dale Trowbridge,

Todd Williams and Dennis Yanchunas. Director Rob McClary was absent.

Staff attending the meeting remotely via audio/visual conference call were: General Manager

Brad Wind; Operations Division Director Jerry Gibbens; Administration Division Director

Karen Rademacher; Engineering Division Director Jeff Drager; Environmental Services Division

Director Esther Vincent; and Legal Counsel Bennett Raley and Peggy Montaño. See the attached

list for additional staff and guests in attendance.

B. Public Comment

President Applegate asked for public comment on non-agenda items. There were no public

comments.

C. Agenda Modification

President Applegate asked if there were any agenda modifications. Mr. Wind stated that staff did

not recommend any agenda modifications.

D. Recommendation for Executive Session

President Applegate next asked for a discussion of a potential Executive Session. Mr. Wind stated

that staff and legal counsel did not recommend any topics for Executive Session.

2. DELIVERY QUOTA

A. Repayment Contract Compliance

President Applegate requested a report on compliance with the Repayment Contract between

Northern Water and the U.S. Bureau of Reclamation (Reclamation). Mr. Wind referred to a letter

from Mr. Jeffrey Rieker, Area Manager for Reclamation’s Eastern Colorado Area Office,

PRELIMINARY – SUBJECT TO CHANGE

Northern Water Minutes

April 9, 2020

confirming Northern Water’s compliance with provisions of Article 16 of the Colorado-Big

Thompson (C-BT) Project Repayment Contract, Supplement 2. The letter confirms that

Reclamation and Northern Water representatives have met and have discussed the coordinated use

of C-BT Project water supplies for beneficial purposes during the 2020 water year as required. As

stated in the letter, Alva B. Adams Tunnel diversions are anticipated to be approximately

90,700 acre feet for the balance of the water year. The amount is based on an estimated quota of

at least 60 percent (186,000 acre-feet). Mr. Wind noted that although Reclamation’s letter

mentioned an estimated quota of 60 percent, the letter in no way binds the Board in its

consideration and determination of quota for the remainder of the 2020 water year.

B. Operational Readiness

Mr. Gibbens referred Directors to copies of an April 9, 2020, memorandum and 2020 operational

Readiness Report from Mr. Jim Nguyen, Operations Division Superintendent, to Mr. Wind.

Mr. Gibbens stated the Collections System and Distributions System departments had performed

all necessary maintenance, and the C-BT Project system was fully operational and ready to meet

Northern Water allottees’ 2020 water delivery demands.

C. Water Resources Status and Outlook

Ms. Sarah Smith, Water Scheduling Department Assistant Manager, next reviewed snowpack and

streamflow comparisons and forecasts as of April 9, 2020. She referred Directors to a PowerPoint

presentation and discussed: (1) a status report for C-BT Project storage as of April 1, 2020;

(2) 2020 Carryover water; (3) 1957-2020 April 1 C-BT Project reserves; (4) April 1, 2020, total

C-BT Project system storage; and (5) miscellaneous C-BT Project delivery statistics.

Mr. Luke Shawcross, Water Resources Department Manager, next referred Directors to a

PowerPoint presentation. He identified and thanked the Water Resources Department staff

members for their assistance in preparing his report materials. Mr. Shawcross then continued with

a discussion of C-BT Project quota, including: (1) March precipitation across Colorado;

(2) November 2019 – March 2020 cumulative mean areal precipitation within Northern Water

boundaries; (3) October 2019 – March 2020 departure from normal precipitation within Northern

Water boundaries; (4) a summary of local water storage; (5) soil moisture conditions;

(6) April 6, 2020, Colorado SNOTEL snowpack maps and snowpack updates; (7) above average

Upper Colorado River Basin snowpack summary; (8) above average South Platte River Basin

snowpack summary; (9) average to slightly above average West Slope streamflow forecasts;

(10) average to slightly above average East Slope streamflow forecasts; (11) a likely spill under a

most probable Lake Granby inflow forecast; and (12) 3-month precipitation and temperature

outlooks for Colorado.

Mr. Shawcross concluded his presentation with a discussion of C-BT Project supplemental quota

considerations, including: (1) region-wide perspective; (2) average-year, system-wide water use

of approximately 884,000 acre-feet of water (533,000 acre-feet of direct flow use, 138,000 acre-

feet of local storage use, 213,000 acre-feet of C-BT Project use); and (3) 2020 forecasted system-

April 9, 2020

wide water use of approximately 884,000 acre-feet of water (543,000 acre-feet of direct flow use,

146,000 acre-feet of local storage use, 195,000 acre-feet of C-BT Project use). Mr. Shawcross

concluded his presentation with a staff recommendation to increase by 20 percent the Board’s fall

2019 C-BT Project initial quota declaration of 50 percent, to a total 70 percent quota for the

remainder of the 2020 water year.

D. Comments and Input Regarding Quota

Public Comments

Mr. Wind stated that Northern Water staff had received three public comments regarding the 2020

C-BT Project quota for the remainder of the water year. Ms. Rademacher next reviewed the

following public comments:

• The Larimer and Weld Irrigation Company requested an 80 percent quota, as well as a

Board allocation from the Regional Pool Program in May.

• The City of Fort Morgan requested an 80 percent quota.

• Mr. Paul Zilis, representing the Town of Erie, the City of Louisville and the Town of

Superior, requested a 70 percent quota.

Director Comments

President Applegate closed the public hearing and opened the Board quota discussion. He asked if

there were any Board comments. There were none.

E. Motion to Modify Quota

President Applegate then called for a motion to modify the current 50 percent C-BT Project quota

set during the October 10, 2019, Board meeting. Vice President Rusch moved that the Board

declare a 70 percent quota. Director Emslie seconded the motion and it passed unanimously.

3. CONSENT AGENDA

President Applegate next asked for consideration of the Consent Agenda.

A. Approval of March 12, 2020, Board meeting minutes

B. Approval of March 5, 2020, Board Planning Session minutes

C. Acceptance of March 5, 2020, Board Audit Committee meeting minutes

D. Agreement with Soldier Canyon Dam Outlet Water Users for Supplemental

Water Delivery System from Hansen Supply Canal

This item was previously presented and discussed during the Board’s April 2, 2020, Planning

April 9, 2020

Session, and is being considered by the Board as part of the Consent Agenda. This item is a

proposed Agreement by and between Northern Water and the City of Fort Collins, the Tri-Districts

and the Pleasant Valley Pipeline Water Activity Enterprise (WAE), regarding a project for a

supplemental means to deliver Horsetooth Reservoir water to the Fort Collins water treatment

facility and the Soldier Canyon Water Treatment Plant.

President Applegate asked if Directors wished to pull any Consent Agenda items from

consideration. Following a brief discussion President Applegate stated that the Consent Agenda

would stand approved as presented.

4. ROUTINE ITEMS

A. Allotment Contract Change Applications

President Applegate next asked for a presentation of the allotment contract change applications.

Ms. Sherri Rasmussen, Contracts Department Manager, referred to the list entitled “Applications

for Change of Water Allotment Contracts” dated April 9, 2020.

Please refer to the list of Applications for Change of Water Allotment Contracts attached as

Exhibit A.

(1) Allotment Contract Change Application Nos. 1-4 (Name Changes)

Ms. Rasmussen stated that the four standard Allotment Contract Transfer applications included a

total of 95 acre-foot units being transferred. She briefly discussed the applications.

Director Williams moved approval of application Nos. 1-4 as presented, contingent upon: (1) the

applications meeting all statutory requirements, rules, and criteria previously established by the

Board, including the criteria of the Base Water Supply Policy; (2) completion of all prescribed

public record checks; and (3) payment by applicants of all costs and charges due Northern Water.

Director Trowbridge seconded the motion and it passed unanimously.

(2) Allotment Contract Change Application Nos. 5-11 and 13-18 (Allotment Transfers)

Ms. Rasmussen next noted that Application No. 12 had been pulled from this month’s agenda and

consideration by the Board. She stated that the remaining 13 standard Allotment Transfer

Applications included a total of 414 acre-foot units being transferred. She briefly discussed the

applications. Director Yanchunas moved to approve Application Nos. 5-11 and 13-18 as presented,

contingent upon: (1) the applications meeting all statutory requirements, rules, and criteria

previously established by the Board, including the criteria of the Base Water Supply Policy;

(2) completion of all prescribed public record checks; and (3) payment by applicants of all costs

and charges due Northern Water. Director Williams seconded the motion and it passed

unanimously.

April 9, 2020

(3) Allotment Contract Application No. 19 (Inactive Account Transfers)

Ms. Rasmussen stated that the one application included a total of 27 acre-foot units for transfer

under Northern Water’s Inactive Contract Account Rule. Ms. Rasmussen briefly discussed the

application. Director Trowbridge moved to approve Allotment Contract Application No. 19 under

Northern Water’s Inactive Contract Account Rule as presented, contingent upon: (1) the

applications meeting all statutory requirements, rules, and criteria previously established by the

Board, including the criteria of the Base Water Supply Policy; (2) completion of all prescribed

public record checks; and (3) payment by applicants of all costs and charges due Northern Water.

Director Williams seconded the motion and it passed unanimously.

(4) Temporary Use to Section 131 Contract Application Nos. 20-29

Ms. Rasmussen next directed the Board’s attention to 10 applications for conversion from

Temporary Use (TU) permits to Section 131 contracts, which include a total of 575 acre-foot units.

The Board adopted a Policy Regarding Conversion of Temporary Use Permits to Section 131

Contracts at its January 10, 2003, Board meeting. The policy requires any allottee holding C-BT

Project units under the authority of a TU permit on December 31 of any year to convert those units

to a Section 131 Contract by March 1 of the following year.

Ms. Rasmussen advised the Board the applications to convert TU permits to Section 131 contracts

met all statutory requirements, rules, and criteria previously established by the Board and were,

therefore, in order and ready for Board consideration. Director Williams moved to approve TU to

Section 131 Contract Application Nos. 20-29, contingent upon payment by applicants of all costs

and charges due Northern Water. Director Nettles seconded the motion and it passed unanimously.

B. Financial Matters – March 2020 Treasurer’s Report

President Applegate next asked for a report on financial matters. Mr. Gibbens directed the Board's

attention to the March 2020 Treasurer's Report and reviewed statements concerning transfers of

funds, revenues, receipts, current disbursements, and total cash and reserves as of March 31, 2020.

He also discussed cash flows, cash balances and the recent establishment of new reserve funds as

established under Northern Water’s new Reserve Fund Policy. Following questions and

discussion, Director Trowbridge moved to accept the Treasurer's Report as submitted.

Director Rusch seconded the motion and it passed unanimously.

C. Financial Matters – March 2020 Disbursements Report

Director Emslie next referred the Board to the list of disbursements for March 2020. Following

questions, Director Emslie moved to approve payment of the March disbursements as submitted.

Director Nettles seconded the motion and it passed unanimously.

April 9, 2020

D. Operations & Maintenance Report

President Applegate next asked for a report on operations and maintenance (O&M). Mr. Gibbens

referred Directors to copies of the April 9, 2020, C-BT Project & Northern Water Operations &

Maintenance (O&M) Report. He briefly discussed: (1) efforts underway to keep Northern Water

employees and Directors safe during the COVID-19 pandemic; (2) the current status of moving to

an electronic format to check out vehicles from Northern Water’s fleet; (3) staff’s recent efforts to

prepare for the 2020 irrigation water delivery season; and (4) several safety-related updates.

E. Division Director Reports

(1) Administration Division

Ms. Rademacher briefly discussed recent activities and informational items for the Administration

Division (Communications, Contracts, Financial Services, Human Resources, Information

Technology, Water Accounting, Records & Administration departments), including: (1) staff’s

temporary pause in work underway on potential changes to Northern Water’s allotment contract

and inclusion policies; (2) status of fiscal year 2021 budget work currently underway; (3) work

underway by the Water Scheduling Department at the beginning of the irrigation water delivery

season; and (4) excellent support work being done by the Information Technology Department.

(2) Engineering Division

Mr. Drager briefly discussed recent activities and informational items for the Engineering Division

(Real Estate & Emergency/Security, Project Management, Water Resources, Water Rights

departments), including: (1) challenges faced by staff in dealing with other state and local agencies

during the COVID-19 pandemic; (2) recent efforts by the Water Resources Department to prepare

a C-BT Project quota recommendation for the Northern Water Board; and (3) excellent support

work being done by the Emergency and Security staff in light of COVID-19.

(3) Environmental Services Division

Ms. Vincent briefly discussed recent activities and informational items for the Environmental

Services Division (Field Services, Water Efficiency, Water Quality departments), including:

(1) efforts by the Field Services and Water Efficiency department to gear up for the 2020 season

and potentially conduct some sampling utilizing only one staff member rather than two; (2) the

current status of the Northern Integrated Supply Project (NISP) 401 Certification process;

(3) aquatic nuisance species, and no decision yet on whether there will be a watercraft inspection

program during the 2021 season at C-BT Project reservoirs; and (4) Northern Water’s

Conservation Garden Fair will be rescheduled to sometime in September.

April 9, 2020

(4) Operations Division

Mr. Gibbens briefly discussed recent activities and informational items for the Operations Division

(Collection Systems, Distribution Systems, Facilities & Equipment, Instrumentation Control &

Electrical Engineering, Safety departments), including: (1) preparations underway to begin

delivering water through the second Southern Water Supply Project (SWSP II) pipeline; (2) recent

maintenance activities on the SWSP I pipeline; (3) ongoing maintenance at the intake to the Dille

Tunnel; and (4) an update on Northern Water’s Campus Development Project.

F. Legal Report

President Applegate next asked for a discussion of legal matters.

(1) Water Court Litigation

Ms. Montaño stated that legal counsel did not have any statements of opposition to recommend

to the Board.

(2) Other Legal Matters

Ms. Montaño next briefly discussed: (1) adjournment of the Colorado legislature on

March 14, 2020; (2) the legislature’s intent to reconvene on May 18 or May 19 to finish out its

final 53 days of the 120-day session; (3) the Colorado Water Congress will follow the same

schedule as the legislature; (4) several City of Thornton condemnation cases; and (5) the current

status of Northern Water’s NISP 1041 Permit process with Larimer County.

Ms. Montaño stated that legal counsel had nothing further to report unless the Board had questions.

There were none.

5. NORTHERN WATER DISCUSSION AND/OR ACTION ITEMS

A. Deadline Extension for C-BT Project Units Currently Held in Inactive

Allotment Contract Account

President Applegate next asked for a discussion of a proposed deadline extension for C-BT Project

allotment contract units currently held in the Inactive Account pursuant to the Inactive Allotment

Contract Account Rule. Ms. Rasmussen

Ms. Rasmussen stated that in light of the COVID-19 pandemic and economic uncertainty

associated with real estate and water markets, staff recommended: (1) that the Board suspend

indefinitely the 12-month limitation for C-BT Project units to be held in the Inactive Account;

(2) that the suspension would be lifted by Board action, followed by a 60-day notice to all affected

allottees; (3) following the notice period, the time remaining for each contract's twelve-month

period as of March 13, 2020, would be reinstated; and (4) that the Board would review the

April 9, 2020

suspension at every regular board meeting. Mr. Raley noted that staff and counsel discussed

uncertainties regarding staff’s recommendation, but ultimately concluded it was equitable to

institute a blanket suspension for all C-BT Project allotment contract units currently held in the

Inactive Account.

Following a brief discussion and questions, Vice President Rusch moved that: (1) the Board

suspend the 12-month limitation indefinitely; (2) the suspension would be lifted by Board action,

followed by a 60-day notice to all affected allottees; (3) following the notice period, the time that

was remaining for each contract's twelve-month period as of March 13, 2020, would be reinstated;

and (4) the Board review the suspension at every regular board meeting. Director Emslie seconded

the motion and it passed unanimously.

B. Proposed Schedule to Consider Allotment Contract Transfer Applications

President Applegate next requested a discussion of a proposed schedule to consider allotment

contract transfer applications. Mr. Wind made several introductory comments. Ms. Rasmussen

next referred Directors to a PowerPoint presentation and discussed: (1) on March 13, 2020,

Northern Water’s Allotment Contracts Department staff stopped accepting allotment contract

transfer requests in order to comply with Northern Water’s work-from-home directives; (2) as a

result, there will be no allotment contract transfers on the agenda for the Board's consideration at

the May 14, 2020, Board meeting; (3) staff recommends resuming the normal schedule of

accepting allotment contract transfer applications, and reinstating the previously published

deadlines for submitting application materials; (4) for the June 11, 2020, Board meeting,

applications and associated documents and affidavits must be received on or before May 1, 2020;

and (5) staff will only process applications in which the parties can submit documents and

affidavits electronically (or otherwise) in compliance with social distancing directives that apply

to Northern Water employees. Mr. Raley added several comments to those of Ms. Rasmussen.

Following a discussion and questions, it was the consensus of the Board to proceed as outlined by

staff and counsel.

6. WATER ACTIVITY ENTERPRISES (NISP, SWSP, PVP AND HYDROPOWER)

President Applegate next asked for a report on financial matters for the following Water Activity

Enterprises (WAEs): Northern Integrated Supply Project (NISP), Southern Water Supply Project

(SWSP), Pleasant Valley Pipeline (PVP), and Hydropower.

A. Financial Matters – March 2020 Treasurer’s Report

Mr. Gibbens directed the Board's attention to the March 2020 Treasurer's Report and reviewed

statements concerning transfers of funds, revenues, receipts, current disbursements, and total cash

and reserves as of March 31, 2020, for each of the WAEs listed under Agenda Item 6 above. He

also discussed cash flows, cash balances and the recent establishment of new reserve funds as

established under Northern Water’s new Reserve Fund Policy for each of the WAEs. Following

April 9, 2020

questions and discussion, Director Trowbridge moved to accept the Treasurer's Report as

submitted. Director Williams seconded the motion and it passed unanimously.

B. Financial Matters – March 2020 Disbursements Report

Director Emslie next referred the Board to the list of disbursements for March 2020, for each of

the WAEs listed under Agenda Item 6 above. Following questions, Director Emslie moved to

approve payment of the March disbursements as submitted. Director Nettles seconded the motion

and it passed unanimously.

C. NISP Monthly Report

President Applegate next requested a NISP monthly report. Mr. Carl Brouwer, Project

Management Department Manager, reported on the following NISP items: (1) several NISP

permitting matters, including a pending meeting with the U.S. Army Corps of Engineers (Corps);

(2) the current status of the Corps’ work on a draft Record of Decision (ROD); (3) NISP mitigation,

including planned habitat mitigation near Livermore for the Preble’s Meadow Jumping Mouse,

and planned wetlands mitigation below Glade Reservoir Dam; (4) a pending meeting with Larimer

County staff to discuss Northern Water’s NISP 1041 Permit process with the county; (5) staff’s

plan to release a request for qualifications (RFQ) for a Glade Reservoir construction contractor;

and (6) details of a Glade Reservoir stability analysis. A brief discussion followed.

D. SWSP Monthly Report

President Applegate next requested a Southern Water Supply Project (SWSP) monthly report.

Mr. Brouwer reported briefly on the following matters: (1) efforts underway to connect the SWSP

Eastern Pump Station (EPS) to the SWSP pipeline in Weld County; (2) evaluation by the EPS

contractor on continued work due to the COVID-19 pandemic; (3) completion of a first fill of the

SWSP II pipeline the previous day; and (4) ongoing flushing of the SWSP II pipeline. A brief

discussion followed.

7. INFORMATIONAL ITEMS

A. Director Roundtable & Discussion Items

President Applegate next asked if there were any Director roundtable items to discuss.

Director Yanchunas congratulated his fellow Directors, President Applegate and staff on a

successful Board meeting conducted remotely via audio/visual teleconference call.

B. Future Events

President Applegate asked for a discussion of future events.

April 9, 2020

Mr. Wind next reminded Directors of the following future events listed in the meeting agenda:

(1) May 7, 2020, 8 a.m., Board Finance and Benefits Committee meeting

(2) May 14, 2020, 8 a.m., Board Audit Committee meeting (tentative)

(3) May 20-21, 2020, Colorado Water Conservation Board meeting

C. Other Matters

President Applegate asked if there were other matters to discuss. Mr. Wind stated that he had no

additional matters to discuss.

There being no further business to come before the Board, President Applegate adjourned the

meeting.

April 9, 2020

ADDITIONAL STAFF AND GUESTS IN ATTENDANCE APRIL 9, 2020

Carl Brouwer Project Management Department Manager

Ty Cooper Senior Network Security Administrator

Liz Larmon Administrative Support Specialist

Sherri Rasmussen Contracts Department Manager

Luke Shawcross Water Resources Department Manager

Greg Silkensen Communications Department Assistant Manager

Sarah Smith Water Scheduling Department Assistant Manager

GUESTS

APPLICATIONS FOR CHANGE

OF COLORADO-BIG THOMPSON PROJECT

WATER ALLOTMENT CONTRACTS

April 9, 2020

New Allottees

S.T.R.

Supply

Base CBT

Current Allottee Co-Applicant

S.T.R.

STANDARD APPLICATIONS

Name Changes

1. Boos, Carol E. 3-3N-68 10 Carol E. Boos Trust 3-3N-68 10

2. Willson Farm LLC 2-3N-68 35 Western Equipment and

Truck Inc.

2-3N-68 35

3. Davis, Jeffrey F. et al. 3-1N-69 10 NJCGL, LLC 3-1N-69 10

4. Woodward, Edward Jr., et al. 7-6N-66 40 Legacy Farm, LLC 7-6N-66 40

Allotment Transfers

5. Town of Johnstown Section 131 64 Town of Johnstown

Little Thompson Water

District

6. Schell, Mark W. et al. 26-3N-68 20 North Weld County Water

District

Corp 20

7. Schell, Mark W. et al. 26-3N-68 50 North Weld County Water

District

Corp 50

8. Stroh, Daniel G. 7-4N-68 04 North Weld County Water

District

Corp 04

9. Stroh, Daniel G. 7-4N-68 50 North Weld County Water

District

Corp 50

10. Santon, Mark P. et al. 20-4N-69 16 North Weld County Water

District

Corp 16

11. Estate of Richard J. Hornung 28-4N-68 80 Estate of Richard J. Hornung

North Weld County Water

District

28-4N-68

12. FDR Farms, LLLP 13-4N-68 53 FDR Farms, LLLP

Town of Milliken

13-4N-68

13. Powers, Timothy O. 11-3N-68 03 City of Dacono TU 03

14. Brehm, Charlene M. 27-4N-69 18 Town of Firestone TU 18

Exhibit A

Units New Allottees S.T.R.

Supply

Base CBT

Units Current Allottee Co-Applicant S.T.R.

15. NJCGL, LLC 3-1N-69 05 Town of Firestone

Longs Peak Water District

16. Cleland, Larry D. et al. 7-3N-69 01 City of Fort Lupton TU 01

17. Hill, Alden V. et al. 5/6/7-6N-67 23 Hill, Alden V. et al.

Town of Firestone

5/6/7-

18. Kaiser, Henrietta et al. 10-6N-65 80 The Larimer and Weld

Reservoir Company

Corp 80

INACTIVE ACCOUNT TRANSFERS

19. Stroh, Daniel G. Inactive

Account

27 North Weld County Water

District

Corp 27

43% going to Domestic TOTAL 589 TOTAL 589

CANCELLATION OF TU PERMITS TO

SECTION 131 CONTRACT

20. Town of Berthoud TU 12 Town of Berthoud Section

21. City of Dacono TU 10 City of Dacono Section

22. Town of Firestone TU 87 Town of Firestone Section

23. Town of Frederick TU 302 Town of Frederick Section

24. Town of Lyons TU 02 Town of Lyons Section

25. Town of Milliken TU 07 Town of Milliken Section

26. Town of Nunn TU 04 Town of Nunn Section

27. Town of Pierce TU 03 Town of Pierce Section

Exhibit A

28. Town of Severance TU 136 Town of Severance Section

29. Town of Windsor TU 12 Town of Windsor Section

TOTAL 575 TOTAL 575

NNOORRTTHHEERRNN WWAATTEERR IINNAACCTTIIVVEE AACCCCOOUUNNTT SSUUMMMMAARRYY

Transfers

Transfers Out Number of

Beginning Balance on 03/04/20

Board Approval Transfers:

Non-Board Approval Transfers:

Ending Balance on 03/12/20

Exhibit A

Northern Colorado Water Conservancy DistrictStatement of Cash Receipts, Disbursements and TransfersFor the month ending April 30, 2020

NorthernSouthern Water Pleasant Valley Integrated Northern Water

District Supply Project Pipeline Supply Project Hydropower TotalReceipts

General Property & Specific Ownership Taxes 1,980,560.33$ -$ -$ -$ -$ 1,980,560.33$ Carryover 718,910.66 - - - - 718,910.66 Class D Water Assessments 90,222.28 - - - - 90,222.28 Poudre Valley REA Carter Lake Hydro Energy - - - - 21,482.57 21,482.57 Mountain Parks Electric Granby Hydro Energy - - - - 11,542.18 11,542.18 Worker's Compensation Dividend & Reimbursement 20,824.10 - - - 20,824.10 Class B & C Water Assessments 10,323.00 - - - - 10,323.00 Transfer Fees & Inclusions 6,872.12 - - - - 6,872.12 Medical Plan - Cobra & Stop Loss Reimbursements 6,608.46 - - - - 6,608.46 Upper Colorado River - - - - Wild and Scenic Alternative Management Plan 4,000.00 - - - - 4,000.00 Property Rental / Lease 3,500.00 - - 3,543.75 - 7,043.75 Reimbursements & Miscellaneous Receipts 2,689.31 - - - - 2,689.31 Right of Way Crossing Fees 1,200.00 - - - - 1,200.00 Interest Earned 51,987.85 12,883.33 52.71 24,083.71 1,059.32 90,066.92

Total Receipts 2,897,698.11 12,883.33 52.71 27,627.46 34,084.07 2,972,345.68

DisbursementsMaterials & Services per Transaction Report 1,217,464.43 3,693,783.82 3,124.45 2,022,427.94 54,034.12 6,990,834.76 Poudre Valley REA Carter Lake Hydro Capacity Charge - - - - 10,920.00 10,920.00 Mountain Parks Electric Granby Hydro Capacity Charge - - - - 508.00 508.00 Transactions - Less than $100 4,737.75 871.16 78.64 126.19 106.52 5,920.26

Subtotal Materials & Services 1,222,202.18 3,694,654.98 3,203.09 2,022,554.13 65,568.64 7,008,183.02

1,951,566.24 - - - - 1,951,566.24 203,885.15 - - - - 203,885.15

Total Disbursements 3,377,653.57 3,694,654.98 3,203.09 2,022,554.13 65,568.64 9,163,634.41

Cash Balance, Beginning of Month 31,556,337.17 15,717,817.70 76,967.65 31,541,417.96 1,569,596.22 80,462,136.70

Cash Balance, End of Month 31,076,381.71$ 12,036,046.05$ 73,817.27$ 29,546,491.29$ 1,538,111.65$ 74,270,847.97$

Employee and Directors Payroll and Benefits

Business Type Activity Enterprise Funds

Medical & Dental Self Insurance Claims

Northern Colorado Water Conservancy DistrictSchedule of Restricted & Other ReservesMarch 31, 2020

Schedule of Reserves

March 31, 2020 February 29, 2020Market Market Value Value Change

District ReservesMajor CB-T Repair Reserves District Reserve 703,783.48$ 694,421.09$ 9,362.39$ District / USBR Reserve 968,951.77 956,069.60 12,882.17 Contingency 116,130.04 114,591.09 1,538.95

Subtotal Major CB-T Repair Reserves 1,788,865.29 1,765,081.78 23,783.51

Certificates of Participation Reserves Base Rentals 9,178.68 9,172.36 6.32

9,178.68 9,172.36 6.32

Capital Reserve 11,769,330.74 11,659,437.55 109,893.19 Exposure Reserve 1,005,052.48 1,003,917.68 1,134.80 Fleet Replacement Reserve 2,416,142.59 2,412,569.36 3,573.23 Operating Reserve 26,028,103.56 25,775,791.19 252,312.37 Project Improvement Reserve (1) 9,112,656.66 9,099,169.50 13,487.16 Emergency Reserve 386,046.29 385,462.41 583.88 Facility Removal - Hydropower 106,544.26 106,542.59 1.67

Subtotal Other Reserves 50,823,876.58 50,442,890.28 380,986.30 Total District Reserves 52,621,920.55$ 52,217,144.42$ 404,776.13$

Southern Water Supply Project Water Activity Enterprise Reserves Construction Escrow & Change Order Accounts

Boulder 1,596,558.32$ 1,594,755.65$ 1,802.67$ Left Hand Water District 986,825.23 985,711.01 1,114.22 Longs Peak Water District 113,824.34 113,695.82 128.52 Berthoud 16,470.49 16,428.58 41.91

Total SWSP II Water Activity Reserves 2,713,678.38$ 2,710,591.06$ 3,087.32$

Hydropower Water Activity Enterprise Reserves Carter Lake Debt Service Reserve

District 426,695.96$ 426,049.91$ 646.05$ CWRPDA 133,373.02 133,169.57 203.45

Granby Debt Service ReserveDistrict 70,684.59 70,684.59 -

Total Hydropower Water Activity Reserves 630,753.57$ 629,904.07$ 849.50$

Subtotal Certificates of Participation Reserves

Other Reserves

The Project Improvement Reserve account, holds The Coca-Cola Company (Coca-Cola) corporate notes in the amount of $150,000. On April 26, 2018, Moody's Investment Service downgraded the Coca-Cola note to a rate below the minimum credit rating at the time of initial purchase as set forth by Northern Water's Investment Policy Statement. Northern Water's fixed income advisor, PFM Asset Management credit committee has reviewed the downgrade and recommends holding the security to maturity.

Run Date Year:

Amount >=

Transactions for the Month of April 5/8/2020 11:29:14AM

District - Colorado-Big ThompsonNW10

AmountSystemAccount CategoryActivity Vendor

1010100 - C-BT Canal-Boulder Creek Feeder 61500 - Mat Concrete Ready-Mix AP 249.80347 - Loveland Ready Mix Concrete

1010100 - C-BT Canal-Boulder Creek Feeder 70400 - Mat MR Hrdwr Locks Nails AP 475.00999 - Commercial Access System

1010104 - C-BT Canal-Coal Ridge 90060 - Ser Pro CS UtilityNotification AP 110.26468 - Utility Notification Center of

1010112 - C-BT Canal-Hansen Feeder 96700 - Ser UT Utility Energy AP 105.16403 - Poudre Valley REA

1010114 - C-BT Canal-Hansen Supply 70220 - Mat MR Hrdwr Bolt/Screw/Fastn AP 125.971605 - Summit Construction Supply

1010114 - C-BT Canal-Hansen Supply 80420 - Ser Insurance Bonds Board AP 2,183.001228 - Custom Linings

1010114 - C-BT Canal-Hansen Supply 82730 - Ser Maint Equip Crack Sealing AP 39,203.001228 - Custom Linings

1010114 - C-BT Canal-Hansen Supply 96700 - Ser UT Utility Energy AP 609.41403 - Poudre Valley REA

1010116 - C-BT Canal-Lower Boulder 90060 - Ser Pro CS UtilityNotification AP 227.97468 - Utility Notification Center of

1010124 - C-BT Canal-St. Vrain Supply 82730 - Ser Maint Equip Crack Sealing AP 27,489.001228 - Custom Linings

1010124 - C-BT Canal-St. Vrain Supply 96680 - Ser UT Communication SCADA AP 173.32430 - Rise Broadband

1010124 - C-BT Canal-St. Vrain Supply 96700 - Ser UT Utility Energy AP 158.36403 - Poudre Valley REA

1010220 - C-BT Equipment Shop Farr 64260 - Mat Eq Welding Gas Cylinders AP 138.21182 - Buckeye Welding Supply Co Inc

1010220 - C-BT Equipment Shop Farr 82100 - Ser Maint Build Trash Removal AP 315.311717 - Waste Connections of Co, Inc.

1010300 - C-BT Reservoir & Dam Boulder 96700 - Ser UT Utility Energy AP 223.49489 - Xcel Energy

1010306 - C-BT Reservoir & Dam Lake Granby 70600 - Mat MR Paint Supplies AP 119.03533 - Country Ace Hardware

1010306 - C-BT Reservoir & Dam Lake Granby 82840 - Ser Maint Equip Elevators AP 813.45423 - Schindler Elevator Corporation

1010314 - C-BT Reservoir & Dam Horsetooth 70160 - Mat MR Hrdwr Accessories AP 338.78338 - Laporte Hardware & Variety

1010314 - C-BT Reservoir & Dam Horsetooth 70960 - Mat Water Filtration Equip AP 125.75281 - Grainger

1010314 - C-BT Reservoir & Dam Horsetooth 96700 - Ser UT Utility Energy AP 1,016.34489 - Xcel Energy

1010450 - C-BT Pump Station Farr 61580 - Mat Eq Valve Check AP 121.44281 - Grainger

1010450 - C-BT Pump Station Farr 72460 - Mat Safety Equip First Aid AP 783.56281 - Grainger

1010450 - C-BT Pump Station Farr 81220 - Ser Maint Build Custodial Ser AP 2,736.001214 - Cabin Works

1010450 - C-BT Pump Station Farr 82840 - Ser Maint Equip Elevators AP 3,405.42423 - Schindler Elevator Corporation

1010450 - C-BT Pump Station Farr 96800 - Ser UT Telephone Cellular AP 758.42472 - Verizon Wireless

1010452 - C-BT Pump Station Willow Creek 72140 - Mat Pipe Tubing/Fittings AP 117.00262 - Ferguson Enterprises #109

Run Date Year:

Amount >=

1010452 - C-BT Pump Station Willow Creek 81220 - Ser Maint Build Custodial Ser AP 1,824.001214 - Cabin Works

1010464 - C-BT Support Services 72380 - Mat Safety Equip Boots AP 179.99324 - John Deere Financial

1010464 - C-BT Support Services 72380 - Mat Safety Equip Boots AP 379.98486 - Whiteside's Boots

1010464 - C-BT Support Services 72400 - Mat Safety Equip Boots Rubber AP 119.99486 - Whiteside's Boots

1010464 - C-BT Support Services 96100 - Ser Travel Lodging Hotel AP 206.00185 - Candlewood Suites

1010464 - C-BT Support Services 96800 - Ser UT Telephone Cellular AP 321.05472 - Verizon Wireless

1011910 - Facilities Headquarters 69000 - Mat MR Bldg Doors AP 2,625.00808 - Collins Door & Hardware, Inc.

1011910 - Facilities Headquarters 69760 - Mat MR Elect Relays AP 207.06414 - Rexel

1011910 - Facilities Headquarters 70860 - Mat MR Sm Tool Wrench/Pliers AP 169.39414 - Rexel

1011910 - Facilities Headquarters 73300 - Mat Security Key Pad AP 3,346.902109 - Southern Lock

1011910 - Facilities Headquarters 73360 - Mat Veg Control Weed Herbicide AP 860.00271 - Frontier Fertilizer

1011910 - Facilities Headquarters 81080 - Ser Maint Build Bathroom AP 157.62262 - Ferguson Enterprises #109

1011910 - Facilities Headquarters 81480 - Ser Maint Build HAVC Repair AP 3,610.05715 - Trane U.S. Inc.

1011910 - Facilities Headquarters 81600 - Ser Maint Build Maint Ser AP 239.80441 - Summit Laboratories

1011910 - Facilities Headquarters 81760 - Ser Maint Build Plumbing Maint AP 2,430.00556 - Front Range Fire Protection

1011910 - Facilities Headquarters 83860 - Ser Maint Equip Plumbing AP 2,475.002007 - Kahar Plumbing & Heating

1011910 - Facilities Headquarters 86740 - Ser FS Fees Ditch Assessment AP 2,160.00289 - Handy Ditch Company

1011910 - Facilities Headquarters 87260 - Ser FS Sub Newspaper Subscrip AP 140.04665 - Dish

1011910 - Facilities Headquarters 93140 - Ser Pro Sec Guard Security Ser AP 742.502185 - Travis Martin

1011910 - Facilities Headquarters 93140 - Ser Pro Sec Guard Security Ser AP 316.252302 - Michael Rairdon

1011910 - Facilities Headquarters 93340 - Ser Rental Cloth Rugs AP 554.851523 - Cintas

1011910 - Facilities Headquarters 93380 - Ser Rental Cloth Uniform AP 168.841523 - Cintas

1011910 - Facilities Headquarters 93840 - Ser Rental Equip Dumpsters AP 444.63478 - Waste Management

1011910 - Facilities Headquarters 96690 - Ser UT Comm Mobile Data Plan AP 216.18472 - Verizon Wireless

1011910 - Facilities Headquarters 96700 - Ser UT Utility Energy AP 13,708.95403 - Poudre Valley REA

1011910 - Facilities Headquarters 96720 - Ser UT Utility Gas AP 3,848.07489 - Xcel Energy

Run Date Year:

Amount >=

1011910 - Facilities Headquarters 96800 - Ser UT Telephone Cellular AP 1,425.85472 - Verizon Wireless

1011910 - Facilities Headquarters 96960 - Ser UT Utility Sewer AP 521.48453 - Town of Berthoud

1011910 - Facilities Headquarters 96980 - Ser UT Utility Water AP 137.90453 - Town of Berthoud

1011920 - Facilities Ranches 83220 - Ser Maint Equip HVAC AP 403.501548 - Granby Heating & Sheet Metal

1012840 - Fleet Passenger Vehicles 64460 - Mat Fleet Fuel Unleaded AP 217.61267 - WEX Bank

1012840 - Fleet Passenger Vehicles 65060 - Mat Fleet Parts Batteries AP 143.94129 - AAA Auto Parts

1012840 - Fleet Passenger Vehicles 65260 - Mat Fleet Parts Glass AP 194.56602 - Safelite Fulfillment, Inc.

1012840 - Fleet Passenger Vehicles 85100 - Ser Maint Fleet Glass Replace AP 113.10602 - Safelite Fulfillment, Inc.

1012850 - Fleet Trucks 64400 - Mat Fleet Fuel Ethonol AP 206.08267 - WEX Bank

1012850 - Fleet Trucks 64460 - Mat Fleet Fuel Unleaded AP 736.08267 - WEX Bank

1012850 - Fleet Trucks 64580 - Mat Fleet Acc Chains AP 139.88129 - AAA Auto Parts

1012850 - Fleet Trucks 64720 - Mat Fleet Acc Hitches AP 110.96129 - AAA Auto Parts

1012850 - Fleet Trucks 65060 - Mat Fleet Parts Batteries AP 120.32129 - AAA Auto Parts

1012850 - Fleet Trucks 65100 - Mat Fleet Parts Body/Frame AP 1,599.36389 - CARQUEST Auto Parts Stores

1012850 - Fleet Trucks 65140 - Mat Fleet Parts Brakes AP -166.34129 - AAA Auto Parts

1012850 - Fleet Trucks 65240 - Mat Fleet Parts Fuel Sys AP 627.22129 - AAA Auto Parts

1012850 - Fleet Trucks 65420 - Mat Fleet Parts Supension AP 416.80445 - T & T OK Tire Inc

1012850 - Fleet Trucks 65440 - Mat Fleet Parts Tire/Tubes AP 4,153.141758 - A & E Tire, Inc.

1012850 - Fleet Trucks 69820 - Mat MR Elect Sensor AP 100.75129 - AAA Auto Parts

1012850 - Fleet Trucks 85200 - Ser Maint Fleet Painting AP 200.002120 - Concept Fabrication, LLC

1012850 - Fleet Trucks 85320 - Ser Maint Fleet Suspension AP 673.95445 - T & T OK Tire Inc

1012850 - Fleet Trucks 85340 - Ser Maint Fleet Tire Repair AP 455.001758 - A & E Tire, Inc.

1012855 - Fleet Small Equipment 62740 - Mat Eq Power Transmitters AP 495.96324 - John Deere Financial

1012855 - Fleet Small Equipment 64860 - Mat Fleet Acc Seats AP 189.62349 - Mac Equipment

1012855 - Fleet Small Equipment 65200 - Mat Fleet Parts Electrical AP 583.10349 - Mac Equipment

1012855 - Fleet Small Equipment 70820 - Mat MR Sm Tool Drill/Saw/Ham AP 159.99324 - John Deere Financial

Run Date Year:

Amount >=

1012858 - Fleet Fuel 64360 - Mat Fleet Fuel Diesel #1 AP 2,800.01335 - Kwik Korner

1012858 - Fleet Fuel 64460 - Mat Fleet Fuel Unleaded AP 1,192.47179 - Broadmoor Heights C-Store, LLC

1012858 - Fleet Fuel 64460 - Mat Fleet Fuel Unleaded AP 1,422.95335 - Kwik Korner

1012862 - Fleet Shop Supplies 51470 - ExpAst Tools Hand AP 104.92165 - Berthoud Ace Hardware

1012862 - Fleet Shop Supplies 51515 - ExpAst Tools Shop AP 152.87165 - Berthoud Ace Hardware

1012862 - Fleet Shop Supplies 69420 - Mat MR Elect Cable and Wire AP 343.99129 - AAA Auto Parts

1012862 - Fleet Shop Supplies 70220 - Mat MR Hrdwr Bolt/Screw/Fastn AP 1,327.16259 - Fastenal Company

1013648 - Programs Administration 71960 - Mat Off Supp General AP -108.40386 - Office Depot

1013648 - Programs Administration 71960 - Mat Off Supp General AP 214.93420 - Rowes Flowers

1013648 - Programs Administration 71960 - Mat Off Supp General AP 515.45421 - Sams Club/Synchrony Bank

1013648 - Programs Administration 71960 - Mat Off Supp General AP 137.141875 - Peczuh Printing Company, Inc.

1013651 - Programs Human Resources 88780 - Ser Pro CS Employee Background

AP 669.10160 - Background Information Service

1013651 - Programs Human Resources 88780 - Ser Pro CS Employee Background

AP 555.00720 - ErgoMed

1013651 - Programs Human Resources 88800 - Ser Pro CS Employee Benefits AP 6,412.50368 - Employers Council Services

1013652 - Programs Senior Management 71780 - Mat Off Foods Board Lunch AP 745.39963 - Origins Catering Company

1013652 - Programs Senior Management 86740 - Ser FS Fees Ditch Assessment AP 3,037.88233 - Denver Water

1013652 - Programs Senior Management 88100 - Ser Pro CS Administrative AP 5,482.50183 - Buirgy Consulting

1013652 - Programs Senior Management 89600 - Ser Pro CS Public Affairs AP 9,600.00177 - Brandeberry McKenna

1013652 - Programs Senior Management 92820 - Ser Pro Legal Expenses AP 12,694.20455 - Trout Raley

1013652 - Programs Senior Management 92840 - Ser Pro Legal General AP 95,251.90455 - Trout Raley

1013652 - Programs Senior Management 96420 - Ser Travel Mileage to employee AP 143.752001 - Gene Manuello

1013652 - Programs Senior Management 96420 - Ser Travel Mileage to employee AP 312.672161 - Jennifer Gimbel

1013654 - Programs Project Management 72380 - Mat Safety Equip Boots AP 129.99486 - Whiteside's Boots

1013654 - Programs Project Management 86880 - Ser FS Fees Membership Dues AP 270.00595 - ASCE

1013654 - Programs Project Management 96690 - Ser UT Comm Mobile Data Plan AP 144.12472 - Verizon Wireless

Run Date Year:

Amount >=

1013654 - Programs Project Management 96800 - Ser UT Telephone Cellular AP 477.75472 - Verizon Wireless

1013656 - Programs Water Resources 92660 - Ser Pro IT Soft Maint Subscrip AP 10,039.73316 - Insight Public Sector

1013656 - Programs Water Resources 92820 - Ser Pro Legal Expenses AP 375.60547 - Carlson Hammond & Paddock, LLC

1013656 - Programs Water Resources 92820 - Ser Pro Legal Expenses AP 8,812.501749 - Wilson Water Group

1013656 - Programs Water Resources 96800 - Ser UT Telephone Cellular AP 105.44472 - Verizon Wireless

1013660 - Programs Water Quality 50045 - ExpAst Com Laptop Notebook AP 3,048.86316 - Insight Public Sector

1013660 - Programs Water Quality 63640 - Mat Eq Wat Samp Field Supp AP 1,850.002307 - Ray Brueggemeier

1013660 - Programs Water Quality 66840 - Mat Lab Aprons/Gloves AP 424.37358 - McMaster Carr Supply Co

1013660 - Programs Water Quality 68060 - Mat Lab PH BufferSolutn AP 118.92474 - VWR International

1013660 - Programs Water Quality 68680 - Mat Lab Tubing, Plastic AP 1,080.64474 - VWR International

1013660 - Programs Water Quality 83920 - Ser Maint Equip Purification AP 755.31428 - Evoqua Water Technologies, LLC

1013660 - Programs Water Quality 86880 - Ser FS Fees Membership Dues AP 462.502278 - Peak Facilitation Group

1013660 - Programs Water Quality 86990 - Ser FS Fees Shipping Charges AP 569.10260 - FedEx

1013660 - Programs Water Quality 91460 - Ser Pro Eng Water Analysis AP 2,565.00180 - BSA Environmental Services

1013660 - Programs Water Quality 91460 - Ser Pro Eng Water Analysis AP 17,958.00308 - Hazen Research, Inc.

1013660 - Programs Water Quality 91460 - Ser Pro Eng Water Analysis AP 13,430.001517 - High Sierra Water Laboratory

1013660 - Programs Water Quality 92860 - Ser Pro Legal Natural Resource AP 5,558.31541 - Berg Hill Greenleaf Ruscitti

1013660 - Programs Water Quality 96160 - Ser Travel Meal Group Dinner AP 103.00185 - Candlewood Suites

1013661 - Programs Water Efficiency 86680 - Ser FS Fees Continuing Prof Ed AP 159.00368 - Employers Council Services

1013661 - Programs Water Efficiency 89300 - Ser Pro CS Landscaping Consult AP 10,000.002092 - Resource Central

1013662 - Programs Field Services 62920 - Mat Eq Tanks Butane/Propane AP 771.532141 - Total Safety US Inc.

1013662 - Programs Field Services 72120 - Mat Pipe Pipe Plastic AP 112.50895 - Valley Irrigation of Greeley

1013662 - Programs Field Services 94180 - Ser Rental Equip Gas AP 204.002141 - Total Safety US Inc.

1013662 - Programs Field Services 95400 - Ser Rental Equip Welding AP 138.512141 - Total Safety US Inc.

1013662 - Programs Field Services 96680 - Ser UT Communication SCADA AP 3,383.67472 - Verizon Wireless

1013662 - Programs Field Services 96690 - Ser UT Comm Mobile Data Plan AP 216.18472 - Verizon Wireless

Run Date Year:

Amount >=

1013662 - Programs Field Services 96800 - Ser UT Telephone Cellular AP 1,144.42472 - Verizon Wireless

1013664 - Programs South Platte Special Projects 91500 - Ser Pro Eng Water Resource AP 3,000.001524 - K. Fritz, LLC

1013665 - Programs Environmental Data Management 71820 - Mat Off Foods Box Lunches AP 254.46532 - Silver Mine Subs

1013665 - Programs Environmental Data Management 92660 - Ser Pro IT Soft Maint Subscrip AP 796.66316 - Insight Public Sector

1013668 - Programs Real Estate 96690 - Ser UT Comm Mobile Data Plan AP 168.14472 - Verizon Wireless

1013670 - Programs Irrigation Management 62900 - Mat Eq Solar Panel AP 1,002.85920 - Ameresco Solar

1013670 - Programs Irrigation Management 96800 - Ser UT Telephone Cellular AP 158.16472 - Verizon Wireless

1013671 - Programs Records 92660 - Ser Pro IT Soft Maint Subscrip AP 495.00528 - Open Text Inc.

1013672 - Programs Communications 86880 - Ser FS Fees Membership Dues AP 325.00158 - AWRA Colorado

1013672 - Programs Communications 87000 - Ser FS Fees Sponsorships AP 159.85386 - Office Depot

1013672 - Programs Communications 87000 - Ser FS Fees Sponsorships AP 500.001502 - Central Colorado Water

1013672 - Programs Communications 87000 - Ser FS Fees Sponsorships AP 5,000.002059 - Poudre Heritage Alliance

1013672 - Programs Communications 87700 - Ser Pro Com Print Publication AP 720.002306 - sivART Graphic Design

1013672 - Programs Communications 96800 - Ser UT Telephone Cellular AP 158.16472 - Verizon Wireless

1013673 - Programs Water Scheduling 50045 - ExpAst Com Laptop Notebook AP 1,619.71316 - Insight Public Sector

1013673 - Programs Water Scheduling 86660 - Ser FS Fees Conference AP 225.00368 - Employers Council Services

1013673 - Programs Water Scheduling 92660 - Ser Pro IT Soft Maint Subscrip AP 1,689.42316 - Insight Public Sector

1013673 - Programs Water Scheduling 96800 - Ser UT Telephone Cellular AP 263.61472 - Verizon Wireless

1013674 - Programs Information Technology 50045 - ExpAst Com Laptop Notebook AP 1,619.71316 - Insight Public Sector

1013674 - Programs Information Technology 50090 - ExpAst Com Network Equipment AP 48,344.86316 - Insight Public Sector

1013674 - Programs Information Technology 60980 - Mat Comp Software Accounting AP 3,370.72316 - Insight Public Sector

1013674 - Programs Information Technology 86880 - Ser FS Fees Membership Dues AP 5,100.001686 - NOREX, Inc.

1013674 - Programs Information Technology 92400 - Ser Pro IT Hard Maint Subscrip AP 7,263.50316 - Insight Public Sector

1013674 - Programs Information Technology 92440 - Ser Pro IT Install Peripherals AP 1,971.22139 - All Copy Products

1013674 - Programs Information Technology 92440 - Ser Pro IT Install Peripherals AP 103.44344 - Lewan & Associates

1013674 - Programs Information Technology 92520 - Ser Pro IT Networking Services AP 1,864.53187 - CenturyLink

Run Date Year:

Amount >=

1013674 - Programs Information Technology 92520 - Ser Pro IT Networking Services AP 5,728.56188 - LLC CenturyLink Communications

1013674 - Programs Information Technology 92520 - Ser Pro IT Networking Services AP 209.85194 - City of Longmont

1013674 - Programs Information Technology 92520 - Ser Pro IT Networking Services AP 149.95270 - Front Range Internet

1013674 - Programs Information Technology 92520 - Ser Pro IT Networking Services AP 2,516.451285 - Comcast

1013674 - Programs Information Technology 92660 - Ser Pro IT Soft Maint Subscrip AP 4,897.08316 - Insight Public Sector

1013674 - Programs Information Technology 92660 - Ser Pro IT Soft Maint Subscrip AP 7,179.702036 - SIPA

1013674 - Programs Information Technology 96690 - Ser UT Comm Mobile Data Plan AP 1,808.33472 - Verizon Wireless

1013674 - Programs Information Technology 96800 - Ser UT Telephone Cellular AP 685.18472 - Verizon Wireless

1013674 - Programs Information Technology 96860 - Ser UT Telephone Services AP 6,659.92188 - LLC CenturyLink Communications

1013675 - Programs Cybersecurity and Governance 96800 - Ser UT Telephone Cellular AP 105.44472 - Verizon Wireless

1013678 - Programs Instrumentation Control & ElectricalEngineering

50045 - ExpAst Com Laptop Notebook AP 1,619.71316 - Insight Public Sector

92660 - Ser Pro IT Soft Maint Subscrip AP 350.00316 - Insight Public Sector Inc

96690 - Ser UT Comm Mobile Data Plan AP 144.12472 - Verizon Wireless

96800 - Ser UT Telephone Cellular AP 263.60472 - Verizon Wireless

1013679 - Programs Safety 89560 - Ser Pro CS Physical CDL AP 165.001110 - Middle Park Medical Center

1013680 - Programs Financial Services 50045 - ExpAst Com Laptop Notebook AP 1,619.71316 - Insight Public Sector

1013680 - Programs Financial Services 60520 - Mat Comm Garm Jacket Shirt AP 155.502018 - FR Girls of Texas

1013680 - Programs Financial Services 86880 - Ser FS Fees Membership Dues AP 190.001278 - NIGP

1013680 - Programs Financial Services 91620 - Ser Pro Fin Auditing Services AP 14,060.002194 - Plante & Moran

1013680 - Programs Financial Services 91800 - Ser Pro Fin Fixed Income Adv AP 501.24600 - PFM Asset Management LLC

1013680 - Programs Financial Services 92000 - Ser Pro Fin Trustee Services AP 1,289.95456 - U S Bank

1065140 - System Condition Assessment 90340 - Ser Pro Eng Civil AP 16,020.681611 - Mott MacDonald

1065165 - Cottonwood Siphon Rehab 88480 - Ser Pro CS Construction AP 31,175.201602 - Harrison Western Construction

1065167 - Poudre River Chute 11480 - Cap Const Heavy Spillway AP 217,472.772174 - Zak Dirt Incorporated

Run Date Year:

Amount >=

1065167 - Poudre River Chute 88500 - Ser Pro CS Construction Manage AP 19,215.831874 - Ditesco Project and

1065167 - Poudre River Chute 90760 - Ser Pro Eng General Const AP 14,732.902069 - Alden Research Laboratory, Inc

1065167 - Poudre River Chute 96420 - Ser Travel Mileage to employee AP 170.651816 - Kevin Lock

1065168 - Facilities Berthoud Campus Improvement 10980 - Cap Const Build Site Work AP 129,162.242216 - American Construction Services

1065168 - Facilities Berthoud Campus Improvement 88320 - Ser Pro CS Architectural AP 5,861.001627 - RB + B Architects, Inc.

1065181 - ERP Software 92680 - Ser Pro IT Software Upgrade AP 1,988.751643 - RPI Consultants

1082850 - Fleet Trucks 14640 - Cap FL Trucks 10001 14000 lb AP 112,604.002254 - Phil Long Ford of Denver, LLC

1084895 - Computer Hardware 10240 - Cap Com Hard Storage Devices AP 87,012.17316 - Insight Public Sector

1,136,841.21SUBTOTAL

Run Date Year:

Amount >=

Transactions for May 1 - May 8, 2020 5/11/2020 8:54:20AM

1011910 - Facilities Headquarters 82840 - Ser Maint Equip Elevators AP 149.331246 - ThyssenKrupp Elevator

1011910 - Facilities Headquarters 93220 - Ser Pro Sec Patrol Services AP 486.672034 - Anlance Protection, LTD

1013648 - Programs Administration 71960 - Mat Off Supp General AP 136.691875 - Peczuh Printing Company, Inc.

1013652 - Programs Senior Management 88520 - Ser Pro CS Counseling AP 6,400.001944 - MORF, LLC

1013652 - Programs Senior Management 89740 - Ser Pro CS Recreation AP 6,400.00810 - RRC Associates

1013674 - Programs Information Technology 60980 - Mat Comp Software Accounting AP 8,057.40316 - Insight Public Sector

1013674 - Programs Information Technology 92660 - Ser Pro IT Soft Maint Subscrip AP 2,376.002108 - Smartsheet

1013674 - Programs Information Technology 92660 - Ser Pro IT Soft Maint Subscrip AP 735.722156 - Research Triangle Institute

1013675 - Programs Cybersecurity and Governance 96340 - Ser Travel Transport Airfare AP 374.9618 - Joseph Clark

1013676 - Programs Emergency & Security 90200 - Ser Pro Ed InService Training AP 100.001603 - Special District Association

1065167 - Poudre River Chute 88500 - Ser Pro CS Construction Manage AP 5,766.781874 - Ditesco Project and

1065167 - Poudre River Chute 88820 - Ser Pro CS Endangered Species AP 2,514.50250 - ERO Resources

1065167 - Poudre River Chute 90760 - Ser Pro Eng General Const AP 5,630.422069 - Alden Research Laboratory, Inc

1065181 - ERP Software 92680 - Ser Pro IT Software Upgrade AP 7,585.001643 - RPI Consultants

1065197 - IT Projects 90120 - Ser Pro CS Water Res/Quality AP 5,568.752037 - KISTERS North America

1082810 - Fleet Heavy Equipment 13820 - Cap FL Heavy Eq Loader Wheel AP 28,341.002068 - Caterpillar, Inc.

80,623.22SUBTOTAL

TOTAL NW10 April 1 - May 8, 2020 $1,217464.43

Colorado-Big Thompson and Northern Water

Operations and Maintenance Report

May 14, 2020

COVID-19 Operations

Keeping Employees Safe During COVID-19 Pandemic

In general, due to the COVID-19 pandemic, Northern Water O&M crews performed only essential

business during April, primarily consisting of operating systems from its Control Center, running water

manually, continuing with startup of SWSP II, performing an outage of the SWSP Fort Morgan line for the

Eastern Pump Station bypass tie-in, and minimal maintenance activities required for system startups.

The Safety Department ordered additional PPE to keep employees safe during the COVID-19 Pandemic:

• 300+ masks from the FR Girls of Texas were ordered and delivered;

• Multiple cases of hand sanitizer were ordered and delivered;

• N-95 masks are on order although delivery dates are unknown at this time. In the mean-time,

additional half mask air purifying respirators and cartridges were ordered.

• Infrared thermometers and disposable thermal test strips were ordered and received for self-

certification of body temperature by staff, contractors and visitors.

Facilities and Equipment Department Update

Campus Updates

The Facilities and Equipment Department

continues to work on the campus-wide

bathroom upgrades. Northern Water staff

installed hands-free faucets and soap dispensers

throughout buildings A and B, resulting in more

sanitary hand-washing systems. A contractor

installed new 1.28 gallon per flush stools and

urinals throughout Buildings A and B during the

week of April 27th. These fixtures are

WaterSense fixtures that are 20% or more

efficient than standards and work as good or

better than code.

New hands-free faucets and soap dispensers installed

by Facilities and Equipment Department. 38

Colorado Big-Thompson Project

Lake Granby Fill

Lake Granby reached its low elevation of 8258.57 on April 6, 2020. After that day, the Collections Systems

Department began to pump water from Willow Creek Reservoir to Lake Granby for initial drawdown of

Willow Creek Reservoir. A total of 3,017 acre-feet was pumped during initial drawdown. Currently, both

units at Willow Creek Reservoir are pumping from Willow Creek Reservoir to Lake Granby to keep up with

runoff.

It is anticipated that the West Slope Collection System will spill this year. The Collections Systems

Department will begin removing rock from the Lake Granby Spillway and the river channel between the

Lake Granby Dam and Granby Hydro to facilitate safer flow conditions for the spill.

Dille Diversion Silt Removal

In preparation for the water season, the Distribution Systems Department spent part of April assisting the

Bureau of Reclamation in cleaning silt from the Dille Diversion. Silt continues to build up at this location

following the 2013 Flood. The process involved lowering skid-steers into the river channel above the

diversion structure, loading silt into a skip bucket, then using a crane to raise the skip bucket out of the

river and into dump trucks. In total, 25 dump truck loads full of silt were removed from in front of the

structure.

Northern Water skidsteer

loads silt from the Big

Thompson River and the

Dille Diversion into a skip

bucket that is then

removed by a crane.

LEGAL REPORT NORTHERN COLORADO WATER CONSERVANCY DISTRICT

May 14, 2020 [COVID-19 Update: As mentioned in last month’s legal report, the coronavirus public health crisis has impacted, among other things, certain legal proceedings in which Northern Water is involved; various environmental monitoring and reporting activities for Northern Water; and state legislative activities of interest to Northern Water. Courts are still accepting electronic filings, but in-person hearings and trials generally have been postponed until it is feasible to hold them. Counsel is monitoring the upcoming deadlines in all cases in which it has entered an appearance for Northern Water for any changes occurring as a result of these developments. Federal and State restrictions to slow the spread of the virus also have led to a temporary disruption in certain water quality and biological monitoring activities conducted by Northern Water. Staff is actively coordinating with the regulatory agencies and relevant local entities on the suspension of these activities. Finally, as discussed in section II.J below, the pandemic also has impacted the state legislative session and the advancement of certain bills of interest to Northern Water.] I. Water Court Litigation

A. Protection of C-BT Return Flows. The purpose of this activity is to make sure that return flows from the use of C-BT water remain in Northern Water for use in accordance with the Repayment Contract. Counsel and staff review water right applications filed in Water Division No. 1 on water rights that divert water within Northern Water to determine whether the rights or changes contemplated would result in the use of C-BT Project water, or Project return flows, outside of Northern Water boundaries or in a manner inconsistent with the terms of the Repayment Contract. Staff is developing consistent methods for quantification of the return flows in order to protect them. In these cases, counsel has been seeking terms in decrees for the protection of C-BT return flows.

A recently filed case that raises potential issues related to protection of C-BT Project return flows, among several other issues of concern to Northern Water, is Case No. 19CW3253. The application, jointly filed by Parker Water and Sanitation District and Lower South Platte Water Conservancy District in December 2019, seeks three new large conditional water storage rights, an exchange, and a change of the direct flow water rights previously decreed to Parker in Case No. 03CW428 to allow for storage. Water would be delivered to Parker via pipeline. As related to C-BT Project return flows, the application states that Parker and Lower “will recognize those recoverable return flows when and if they are quantified and administered.” At the Board’s direction, Counsel filed a statement of opposition in the case. The first status conference in the case is scheduled for May 29, 2020. There are approximately 41 other opposers in this case.

B. Protection of Base Water Supplies. The purpose of these activities is to implement the

Board’s direction that Northern Water staff and counsel evaluate and implement methods to protect base water supplies within Northern Water boundaries. Northern Water is an objector to numerous water right applications to either appropriate new water

rights or change existing water rights within Northern Water boundaries for beneficial uses outside of Northern Water.

C. Protection of Glade (Grey Mountain) Reservoir Storage and SPWCP Water Rights. The

purpose of these activities is to implement the Board’s direction that Northern Water staff and counsel protect Northern Water’s native direct flow, storage, and exchange water rights decreed to Glade Reservoir and the South Platte Water Conservation Project from injury. Northern Water is an objector to numerous water right applications to change the use of existing water rights or to adjudicate augmentation plans for new uses in the South Platte River and its tributaries. Applications for changes of water rights or plans for augmentation may have the potential to injure Northern Water’s decreed water rights indirectly through increased rebound calls or by directly reducing the amount of water that may be physically available for diversion or exchange under Northern Water’s conditional water rights, if appropriate terms and conditions are not imposed. Some of these cases also involve C-BT return flow protection and base water supply protection issues.

Several recent cases involving changes of mutual ditch company shares have raised issues related to the use of a “demand-based” historical use analysis and whether other shareholders may use water attributable to changed ditch shares without regard to volumetric diversion limits or other limitations set forth in the change decree. Demand-based analyses have sometimes been used in water-long situations, with the result that smaller return flow obligations are calculated (as compared to a pro rata diversion analysis) because a demand-based analysis assumes that the irrigator only took delivery of the amount of water needed to satisfy the crop demand, even though more water may have been available for delivery based on the shareholder’s pro rata entitlement. The question of whether other shareholders may use water attributable to changed shares after the change applicant has reached volumetric delivery limits was litigated in a pending change of Western Mutual Ditch Company (Western) shares, Case No. 16CW3200. In an order dated September 2, 2019, the Division 1 Water Court ruled that mutual ditch company shareholders do not own their water rights in cotenancy and that shareholders cannot claim legal injury if they will no longer benefit from historical water sharing practices after shares are changed. Instead, the court ruled that mutual ditch company shareholders own specific rights to use water, equal to their pro rata portions of the amount of water available in the ditch company system. And once changed, that water is not available for use by other shareholders in the ditch company. The trial on remaining issues in the case concluded on November 8, 2019, but the water court has not issued a decision to date. The issue of whether other shareholders can continue historical water sharing practices and use changed shares either after the owner of the changed shares reaches volumetric delivery limits or when the owner is not diverting also has been the subject of a recent legislative proposal from several mutual ditch companies. No bill has yet been introduced and the legislature has suspended operations due to COVID-19 until at least May 18, 2020, but it is likely that these discussions will continue in the future, and a bill may yet be introduced

in this year’s session. Counsel has been working with Northern Water’s lobbyist, Julie McKenna, to monitor and participate in these discussions as they progress.

D. Glade (Grey Mountain) Reservoir and SPWCP Conditional Water Rights Diligence Applications. Counsel and staff prepared and filed an application for finding of reasonable diligence for Northern Water’s 7/8 portion of the conditional Glade (Grey Mountain) water rights on August 28, 2019 (Case No. 19CW3165). Statements of opposition were timely filed in the case by the Colorado State Land Board, the City of Fort Collins, North Poudre Irrigation Company, the City of Greeley, and the Cache la Poudre Water Users Association (CLPWUA). Counsel and staff circulated a proposed ruling to the opposers for comment on January 17, 2020, and has since stipulated with the State Land Board and the City of Fort Collins. The next status conference in the case is scheduled for June 16, 2020. CLPWUA also filed its diligence application for its 1/8 interest in the rights in August 2019 (Case No. 19CW3169), and counsel filed a statement of opposition in that case to monitor it, as directed by the Board. Counsel also filed an application for finding of reasonable diligence for Northern Water’s conditional South Platte Water Conservation Project (SPWCP) water rights on October 30, 2019 (Case No. 19CW3199). Statements of opposition were timely filed in the case by North Poudre Irrigation Co., Fort Collins, Larimer & Weld (Irrigation Co., Reservoir Co., and WRCC, Inc.), Water Supply and Storage Co., State Board of Land Commissioners, New Cache la Poudre Irrigating Co., Cache la Poudre Water Users Association, Greeley Irrigation Co., Greeley, East Larimer County Water District, and North Weld County Water District. Counsel circulated a proposed ruling to the opposers, and opposers will submit comments on the proposed ruling before the next status conference in the case on June 18, 2020. Counsel also executed and filed a stipulation with the State Land Board.

II. Other Matters

A. C-BT Allotment Contract Administration. Counsel and staff are working through a series of issues related to the status of existing C-BT Allotment Contracts. The purpose of this work is to ensure that C-BT Project water is used in a manner that meets the requirements of state and federal law and related Northern Water Rules, Regulations, Policies and Procedures.

B. Water Quality Activity. The purpose of this action is to ensure that water quality laws

and regulations continue to allow Northern Water to conserve and beneficially use water resources. See additional report from Peter Nichols. The federal NEPA process related to Grand Lake Clarity is in the pre-scoping and preliminary alternatives formulation stage. Reclamation is working with the cooperating agencies in the federal NEPA process to identify preliminary alternatives for further evaluation.

C. Front Range Water Council. The purpose of this activity is to cooperate with other

entities that divert water from the Colorado River basin to the East Slope on issues of mutual concern. FRWC is involved in the ongoing Colorado River Basin Study additional analyses, water bank activities including system conservation, conservation in demand

management, potential participation of FRWC in pilot projects and water bank/demand management.

D. Colorado River Seven State Negotiations. The purpose of this work is to protect

Colorado’s entitlement to water from the Colorado River under the Colorado River Compact and to develop a contingency plan in the event of continued severe drought conditions. Counsel is participating in negotiations regarding a contingency plan that could be implemented in the event of continued drought conditions that could threaten Lake Powell elevations and Upper Basin releases from Lake Powell. These negotiations also include discussions with the West Slope regarding the manner of implementing any such contingency plan.

E. Real Property and Easement Support. The purpose of this work is to protect existing

property interests and acquire property interests needed for future water supply projects. Northern Water owns approximately 220 miles of right-of-way and 7,000 acres of real property.

Counsel is assisting staff in negotiation of a lease agreement with Colorado Parks and Wildlife for public fishing access on lands owned by Northern Water that border Willow Creek on the west slope. On December 4, 2019, Northern Water was served notice of three condemnation petitions filed by the City of Thornton to acquire easements for its “Thornton Water Project” pipeline in Weld County. Northern Water’s South Platte Supply Canal is located on the properties at issue pursuant to recorded easements, and Thornton’s proposed pipeline would cross the South Platte Supply Canal on these properties twice. Counsel executed stipulations with Thornton on March 12, 2020, that protect Northern Water’s rights when Thornton crosses the Canal, and the court approved these stipulations on March 13, 2020. Thornton ultimately acquired its easements from the landowners, and all of the parties signed a stipulation for dismissal of the cases (which incorporated Northern Water’s previous stipulations with Thornton) on April 2, 2020. The court dismissed the cases the next day.

F. EPA/Corps of Engineers “Waters of the U.S.” Rulemaking.

2015 WOTUS Rule: In 2015 the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers published a rule broadening the agencies’ geographic scope of jurisdiction under the federal Clean Water Act by revising the definition of “waters of the United States” (WOTUS). This Rule extended CWA jurisdiction to certain smaller drainages and isolated waters for the first time. Numerous court challenges followed, which led to preliminary injunctions of the 2015 Rule in certain states and selective remand of the rule to the agencies for violations of the Administrative Procedure Act. In Colorado, the 2015 Rule was enjoined from taking effect due to the state’s participation in litigation before the federal North Dakota District Court. When Colorado withdrew from that case in early 2019, the injunction was lifted and the 2015 Rule took effect within the state.

2015 Rule Repeal: In September 2019, the EPA and Corps signed a final rule formally rescinding the 2015 WOTUS Rule, the effect of which was to make the pre-2015 regulations applicable nationwide. At least four lawsuits have been brought challenging the agencies’ rescission of the 2015 WOTUS Rule and/or the return to the pre-2015 regulations. Some of these cases may subsequently be amended to add challenges to the 2020 WOTUS Rule (see below). 2020 WOTUS Rule: The EPA and Corps issued notice of a different proposed WOTUS rule to replace the pre-2015 regulations in February 2019. A final 2020 WOTUS rule was published in the Federal Register on April 21, 2020, and will become effective 60 days from that date, on June 22, 2020. In general, the new 2020 WOTUS Rule will reduce the number of waters that are considered jurisdictional. Among other things, the 2020 Rule:

Eliminates the case-specific “significant nexus” test employed (to varying degrees) in

the pre-2015 and 2015 regulations, and instead uses categorical distinctions between jurisdictional and non-jurisdictional waters that rely on direct connections to other jurisdictional waters in a “typical year” to establish jurisdiction. “Typical year” is defined as when precipitation and climatic variables are within the normal periodic range for the area based on a rolling 30-year period.

Defines the following waters to be jurisdictional: (1) territorial seas and traditional

navigable waters (waters that are, were, or may be susceptible for use in interstate or foreign commerce); (2) tributaries of such waters; (3) certain lakes, ponds, and impoundments of jurisdictional waters; and (4) wetlands adjacent to other (non-wetland) jurisdictional waters.

o Tributaries are defined as rivers or streams that, either directly or through other tributaries, lakes, or adjacent wetlands, contribute surface water flow to a traditional navigable water in a “typical year.” This definition covers perennial and intermittent streams, but excludes ephemeral streams (that flow only in direct response to precipitation). The 2015 Rule previously considered ephemeral streams to be jurisdictional.

o Ditches (and other constructed or excavated channels that convey water) are considered jurisdictional only if they (1) are themselves traditional navigable waters or (2) satisfy the above tributary flow condition (contributing surface water in a typical year) and are either constructed in, relocate, or alter a tributary or are located in adjacent wetlands.

o Lakes, ponds, and impoundments are, like tributaries, considered jurisdictional if they contribute surface water flow to a traditional navigable water in a “typical year,” either directly or through other jurisdictional waters, or if they are flooded by jurisdictional waters in a typical year.

o Wetlands are jurisdictional if they are “adjacent” to another jurisdictional water (except other wetlands). To be adjacent, the wetland generally must either directly abut or have a direct hydrologic surface connection to the other jurisdictional water in a typical year.

Defines the following waters as not jurisdictional: groundwater; ephemeral features; waste treatment systems; prior converted cropland; and stormwater, groundwater recharge, or wastewater recycling facilities constructed in uplands (non-wetlands). The regulations also codify as non-jurisdictional the long-standing exclusion under agency policy for artificially irrigated areas that would revert to upland should the application of irrigation water cease, and the exclusion for water-filled depressions created by mining in upland areas.

The rule states that previously approved formal jurisdictional determinations (JDs) will remain valid until their expiration date unless the recipient requests that a new JD be issued pursuant to the new rule (or unless such JD is reopened for cause pursuant to existing Corps regulatory guidance). Cases challenging the 2020 WOTUS Rule have been filed in at least five federal district courts.

G. Clean Water Act Section 301 NPDES Permits. Section 301 of the Clean Water Act requires any person adding pollutants to jurisdictional waters “from any point source” to obtain a National Pollutant Discharge Elimination System (NPDES) permit from EPA. In County of Maui, Hawaii v. Hawaii Wildlife Fund, the parties disagreed as to whether the county was required to obtain a NPDES permit for its wastewater treatment plant. The county’s plant discharged treated wastewater through wells (which are point sources) into groundwater (which is not jurisdictional water), and the pollutants subsequently traveled approximately a half mile through groundwater before reaching a jurisdictional water, the Pacific Ocean. The county asserted that only discharges directly into jurisdictional waters require NPDES permits, while the opposing parties argued that the county’s discharge was the “functional equivalent” of a direct discharge and so required a NPDES permit. EPA agreed with Maui County that the county’s discharges to groundwater did not require a NPDES permit, although its position on the more general question of whether any non-direct discharges required NPDES permits varied over time.

On April 23, 2020, the U.S. Supreme Court issued an opinion in the case holding that a NPDES permit is required not just when the discharge of pollutants from a point source is made directly into jurisdictional waters, but also when the discharge from the point source is the “functional equivalent” of a direct discharge into jurisdictional waters. To determine on a case-by-case basis whether a particular discharge is the “functional equivalent” of a direct discharge to jurisdictional waters, the Court noted that the main factors are the time and distance required for the pollutant to reach jurisdictional waters from the point source, but other potentially relevant factors include the nature and effect on the pollutant of the material through which the pollutant travels, the amount of pollutant entering jurisdictional waters as compared to the amount discharged, and the degree to which the pollutant maintains its specific identity as a discharge from the point source. Regarding Maui County’s wastewater treatment plant, the Court did not determine whether its discharge wells were the “functional equivalent” of direct discharges, opting instead to remand the case for the district court to make that determination using the Court’s new test. Nonetheless, the ruling expands the amount of point sources that will be required to

obtain NPDES permits to include some point sources that do not directly discharge to jurisdictional waters. This analysis of several factors is a fact-dependent inquiry that must be undertaken on a case-by-case basis.

H. Clean Water Act Section 404 Nationwide Permits. Under Section 404(e) of the Clean Water

Act, the U.S. Army Corps of Engineers has issued approximately 50 general permits to authorize categories of activities involving the discharge of dredged or fill material into jurisdictional waters that are anticipated to have minimal individual or cumulative adverse environmental effects. These general permits, known also as “Nationwide Permits” (NWPs), afford a means of streamlined permitting for many routine activities that have minimal effects. NWPs are reissued every five years (most recently in 2017) pursuant to programmatic evaluation and environmental compliance under NEPA and ESA.

Nationwide Permit 12 relates to the construction, maintenance, repair, and removal of utility lines and associated facilities (including water pipelines) that impact jurisdictional waters. Work on District facilities frequently proceeds under this NWP. When the Corps reissued NWP12 in 2017, it determined that this general permit would have no effect on listed species or critical habitat, and therefore the Corps did not consult with the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) under the ESA. On April 15, 2020, the federal district court of Montana issued an order ruling that the Corps acted arbitrarily in concluding that NWP12 would have no effect on listed species or critical habitat. The court therefore ruled that the Corps should have consulted with the FWS and NMFS on a programmatic basis before reissuing NWP12. While this case concerned the Keystone XL oil pipeline, the district court vacated NWP12 pending completion of the consultation process and “further enjoin[ed] the Corps from authorizing any dredge or fill activities under NWP12.” The district court did not explicitly state whether it was enjoining NWP12 authorizations nationally or only within its jurisdiction in Montana, but a reasonable reading of the order suggests that it is a nationwide injunction. The Corps’ national and regional offices have issued guidance to their districts that they cease verifying or approving actions under NWP12 for the time being. On April 27, 2020, the Corps filed a motion to put the district court’s ruling on hold, at least as it may affect projects other than the Keystone XL pipeline, pending an appeal to the Ninth Circuit Court of Appeals. Briefs on the request for stay were filed by May 8, but as of the writing of this legal report the district court has not ruled on the motion. It is also likely that, in the near future, the Corps will begin the process for NWP12’s possible reissuance in 2022. Counsel will continue to monitor the case and any related actions by the Corps, and is working with staff on solutions to the uncertainty surrounding NWP12 in the interim.

I. Additional Federal Regulatory Initiatives.

NEPA: The Council on Environmental Quality issued an advance notice of proposed

rulemaking on June 20, 2018, soliciting input on potential revisions to the Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (NEPA) at 40 CFR parts 1500-1508. Counsel assisted in preparation of and joined comments submitted by the Colorado Water Congress (CWC) that focused on regulatory changes that would assist in improving efficiencies in the environmental

review process under NEPA. Subsequently, on January 10, 2020, CEQ issued a notice of a proposed rule to update its NEPA regulations. Counsel prepared detailed comments in response to this rulemaking and coordinated with the Colorado Water Congress on their submission by the comment deadline on March 10, 2020.

Endangered Species Act: On August 12, 2019, FWS and NMFS issued final revisions to key portions of the Endangered Species Act’s implementing regulations, effective October 28, 2019. The revisions represent significant changes to the regulations governing federal agency consultations under ESA Section 7, the criteria by which species are listed or delisted and critical habitat is designated under ESA Section 4, and the protections covering threatened species under ESA Section 4(d). These regulations are the subject of pending challenges in federal district court.

Clean Water Act Section 401: On August 22, 2019, the EPA issued notice of a

proposed rule to update regulations on water quality certifications under Clean Water Act Section 401. As the notice states, the proposed rule is an effort to promote predictability and timeliness through comprehensive rules governing implementation of CWA Section 401. The proposed rule deals with several topics, including clarifications to when Section 401 certification is required, the scope of Section 401 review and the ability of a certifying entity to place conditions on certification, the notices required for certification, and the imposition of more rigid timeframes for processing a certification request. Comments were due by October 21, 2019. There have been no recent updates since the comment submission deadline.

Migratory Bird Treaty Act: On February 3, 2020, FWS issued a proposed update to

its regulations governing Migratory Bird Treaty Act (MBTA) implementation, along with a notice of intent to prepare an EIS to evaluate the impacts of this proposal. The comment period ran through March 19. Under the proposed regulations, the unintentional “incidental” injury or death of migratory birds resulting from (but not the purpose of) activities is not prohibited by the MBTA’s “take” prohibition. This approach is consistent with and seeks to codify DOI Solicitor Opinion M-37050 (December 2017) stating that only purposeful take of migratory birds is prohibited by the MBTA. Opinion M-37050 is currently the subject of litigation in the Southern District of New York.

J. Colorado General Assembly Legislative Session. During the state legislative session,

which began on January 4, 2020, Counsel, in coordination with staff and Northern Water’s lobbyist, Julie McKenna, has been participating in weekly meetings of the Colorado Water Congress State Affairs Committee, as well as other stakeholder meetings held for specific bills, to promote Northern Water’s interests with respect to proposed legislation related to water and other relevant topics such as real property, employment, and the 811 utility locating notification program. Some of the enacted bills related to water include HB 1037, which clarified the CWCB’s ability to adjudicate an augmentation plan for instream flows (discussed in subsection K below); HB 1157, which modified and expanded the CWCB’s instream flow loan program by allowing for exercise of the loan in five (instead of three) out of ten years, allowing for two ten-year renewals of loans, allowing the CWBC to use loans to improve (not just preserve) the natural environment to a reasonable degree in

stream reaches in which it holds a decreed instream flow water right, and setting out a process to appeal the State Engineer’s decision to approve or deny a proposed loan to the water court; HB 1159, which created a process for the State Engineer to confirm claims of unadjudicated uses or exchanges for purposes of protecting those uses from injury caused by an instream flow water right; SB 48, which provides for the creation of a working group to explore ways to strengthen Colorado’s anti-speculation laws; and HB 1095, which authorizes counties and municipalities to incorporate state water plan goals and conservation policies into the water supply element of their master plans. As a result of the spread of COVID-19 in Colorado, the General Assembly temporarily adjourned and sent “interrogatories” to the Colorado Supreme Court seeking clarification as to whether, under provisions in the Colorado Constitution, the General Assembly must conclude its business by May 6, 2020, or may extend its session beyond that date in light of the state’s declared state of emergency. On April 1, 2020, the Colorado Supreme Court issued an opinion holding that the General Assembly, after reconvening, could continue conducting business after its original May 6, 2020, end date so long as its session (other than the time it is in adjournment because of a declared public health emergency disaster) lasts just 120 calendar days. The Court held that the Colorado Constitution’s limitation of the legislative session to 120 “calendar days” is ambiguous with respect to whether it requires 120 consecutive calendar days, and as a result the General Assembly’s rules allowing it to count non-consecutive “working” calendar days in the event that the governor declares a public health emergency disaster were reasonable and consistent with the voters’ intent in adopting a 120-day legislative session. Thus, when the General Assembly does reconvene, it will have about 53 days left in its session to consider pending bills, including adoption of an annual budget. As of the writing of this legal report, the General Assembly anticipates reconvening on May 18, 2020, and immediately taking up the annual budget, otherwise known as the “Long Bill.” It is not certain how many and which other bills will be considered during the remainder of the legislative session.

K. Instream Flow Augmentation Plan. Staff and counsel are meeting with a group of Cache la Poudre water users, the CWCB, and the Colorado Water Trust to explore an instream flow augmentation plan managed by water users. On January 8, 2020, House Bill 20-1037 was introduced in the Colorado House of Representatives by its sponsors, Representative Jeni Arndt and Senator Don Coram. HB 1037 sets out a process for the CWCB to obtain a decree from the water court for an augmentation plan to augment instream flows that uses acquired or loaned water rights decreed for augmentation use that have previously been changed and quantified. The General Assembly passed HB 1037 on February 28, 2020, before its temporary adjournment, and sent it to the Governor on March 23, 2020. The Governor signed the bill into law on March 24, 2020.

L. Forest Health/Wildfire Reduction Activities. Staff and counsel are working together to

draft and review various agreements to allow for ongoing wildfire reduction activities throughout the C-BT watershed.

M. Hill v. Warsewa, Case No. 19-1025 (Tenth Circuit). On November 19, 2019, a three-judge panel of the federal Tenth Circuit Court of Appeals heard oral arguments in Hill v.

Warsewa, a case that concerns title to streambeds in Colorado and public access to those streambeds for recreation. Mr. Hill, a fisherman, filed the lawsuit arguing that a particular stretch of the Arkansas River was navigable at the time of Colorado’s statehood in 1876 and, as a result, the State took title to the streambed in trust for the public upon statehood and the public holds a right to access and fish the streambed. In opposition, the landowners assert title to the streambed based on the federal government retaining title to the streambed on account of its non-navigability at statehood and thereafter issuing a patent to the Warsewas’ predecessors-in-interest. The procedural history of the case is complicated, but initially the federal district court for the District of Colorado dismissed the case, finding that Hill lacked “prudential standing” because he was not asserting his own rights but rather those of the State, and his claim to river access was a “generalized grievance” shared by the general public. Hill appealed that dismissal. On January 23, 2020, the Tenth Circuit issued its opinion reversing the district court, holding that Hill had prudential standing to bring his case because he adequately alleged that he had an individual and public right to fish, and therefore was not simply asserting the State’s title to the streambed. The court was careful to state, however, that it was not holding that Hill actually had a right to fish under Colorado law or application of a public trust doctrine; it was merely holding that he validly alleged such a right in his complaint, and whether such a right actually exists would be determined on the merits of his case. The court also corrected the district court’s analysis of the “generalized grievance” doctrine, holding that that doctrine was not a prudential standing issue, but rather an issue relating to constitutional standing, which implicates the court’s jurisdiction to hear the case. The Warsewas subsequently filed a motion for the panel or the full Tenth Circuit to rehear the case, but the Court denied that motion on February 21, 2020, resulting in remand of the case back to the federal district court for further proceedings. On February 25, 2020, the Warsewas filed a motion seeking to stay the Tenth Circuit’s decision; while the Court denied the motion, the Warsewas’ act of filing the motion signals their intent to seek an appeal of the decision to the U.S. Supreme Court. The time for the Warsewas to seek an appeal of the Tenth Circuit’s decision to the U.S. Supreme Court has not run as of the date of this legal report. Nonetheless, the federal district court has resumed proceedings in the case on other issues. Specifically, on March 25, 2020, the federal district court issued an order finding that it lacked subject matter jurisdiction over the case because Hill, the fisherman, lacks constitutional standing to proceed in federal court. In particular, the court found that Hill had alleged a generalized grievance shared by the general public, not an invasion of a legally protected interest that is particular to him. Setting aside possible appellate proceedings on the Tenth Circuit’s January 23, 2020, opinion or the federal district court’s March 25, 2020, order, the result of the federal district court’s order would be remand of the case to state district court (Fremont County), where preliminary state law matters similar to the federal law matters discussed above likely would be litigated before the merits of the case are reached.

N. Other. Counsel has been working with Staff on risk management issues and assisted in the issuance on February 28, 2020, of a request for proposal from risk management consultants.

III. Southern Water Supply Pipeline Water Activity Enterprise

A. Eastern Pump Station. As part of the Southern Water Supply Pipeline (SWSP I), Northern

Water is constructing the Eastern Pump Station to extend the distribution capacity of the project. While seeking to obtain a building permit for the Eastern Pump Station, Northern Water staff was informed by Weld County that it would not issue the building permit because the pump station’s parcel was unlawfully conveyed to Northern Water in 2008. In February 2020, Counsel negotiated with Weld County to release the building permit for the pump station in exchange for Northern Water’s assurances that the alleged illegal conveyance would be cured. Counsel and staff subsequently prepared a Recorded Exemption application to cure the issue and negotiated with counsel for the adjacent property owner, from whom Northern would need participation on the Recorded Exemption application. On April 2, 2020, Counsel discussed with Weld County several issues concerning the Recorded Exemption application and reiterated Northern Water’s position that the 2008 conveyance was lawful. On April 9, 2020, Weld County altered its position and agreed with Northern Water’s original position that no unlawful conveyance occurred. As a result, Weld County informed counsel that a Recorded Exemption would no longer be necessary before the County would issue a Certificate of Occupancy for the Eastern Pump Station.

IV. Northern Integrated Supply Project Water Activity Enterprise

Northern Integrated Supply Project. The purpose of this action is to develop a water project in the Poudre River basin to provide water for users within Northern Water.

A. Federal Permitting: The U.S. Army Corps of Engineers is the lead federal agency for NISP

permitting because of its CWA Section 404 permitting authority. The Final EIS was completed and released on July 20, 2018, and the Corps will in the future release a Record of Decision that will include responses to public comments received on the FEIS. Prior to issuance of a ROD, the Project is required to obtain a Section 401 State Water Quality Certification, to submit a detailed Wetlands and Other Waters Compensatory Mitigation Plan, and to secure an updated Endangered Species Act (ESA) Section 7 Biological Opinion from FWS. On January 28, 2020, the Colorado Water Quality Control Division issued its Clean Water Act Section 401 water quality conditional certification for NISP. The Division concluded that “there is reasonable assurance that the project will be conducted in a manner that complies with all applicable water quality requirements,” and that the commitments for mitigation and water quality improvement measures result in positive net effects such that the project will result in “no significant degradation.” The 401 certification imposes numerous conditions to monitor and mitigate project impacts to water quality. Save the Poudre filed an appeal of the Division’s conditional certification to the Water Quality Control Commission on April 15, 2020, alleging errors and deficiencies in the Division’s procedural and technical analysis. The Commission hearing presently is scheduled to commence on August 11, 2020.

Northern Water staff continue working with counsel on required analyses to support development of the Wetlands Mitigation Plan and updated consultation under ESA Section 7.

B. Protected Mitigation Releases: Case No. 18CW3216 is the joint application of the CWCB and Northern Water to adjudicate protected mitigation releases for NISP, as required by C.R.S. § 37-92-102(8). Eighteen parties filed statements of opposition in the case by the February 28 deadline, and the Court granted intervention to three more on May 23, 2019. Counsel worked with Northern Water staff and counsel for the CWCB on a draft proposed decree for the case and circulated the proposed decree and a technical report to opposers on June 28, 2019. Since then, Counsel has worked with staff to respond to opposers’ comments, and to date has executed stipulations with two of the opposers. The next status conference in the case is scheduled for June 2, 2020.

C. Larimer County 1041 Permit: After initially pursuing an Intergovernmental Agreement

(IGA) in lieu of a 1041 permit from Larimer County, Northern Water provided a letter to Larimer County on November 15, 2019, stating that it will instead proceed with a 1041 permit process. Staff submitted an application for a 1041 permit on February 21, 2020. Public hearings before the Larimer County Planning Commission currently are scheduled for June 24, July 8, and July 15, 2020. Public hearings before the Board of County Commissioners currently are scheduled to occur on August 17, 24, and 31, 2020. However, this timeline may change in light of COVID-19.

On April 17, 2020, Save the Poudre and associated parties sent a letter to the Larimer County Community Development Director challenging her finding that the NISP 1041 application is complete under the county’s land use code. The Larimer County Planning Commission has scheduled a hearing on the sufficiency of the application for June 8, 2020.

D. Other NISP Work: Counsel is working with staff on the framework for agreements related to the SPWCP ditch company exchanges and oil and gas issues related to Upper Galeton Reservoir.

Peter D. Nichols Email: pdn@bhgrlaw.com

Partner

Licensed in Colorado, New Mexico and Wyoming

To: Brad Wind

From: Peter D. Nichols

Date: 6 May 2020

RE: Water Quality Counsel’s Monthly Report

Below is Berg Hill Greenleaf Ruscitti’s report on water quality activities for the past

month. For clarity, changes since last month are shown in italics.

A. Water Quality - State Regulatory Activity. The purpose of this action is to ensure

that state regulations continue to allow Northern Water to conserve and beneficially use water

resources.

A.1 South Platte River Basin Triennial Review Hearing. The Water Quality Control

Commission (WQCC) will hold a rulemaking hearing on revisions to water quality

standards and classifications for the South Platte River Basin in June 2020. To prepare,

staff convened stakeholders on the Cache la Poudre in 2016 to develop site-specific

temperature standards to reflect actual temperature conditions and life stages of fish

species present in the river after the WQCC failed to address mountains-to-plains

transition streams – which exhibit variable fish populations related to hydrology – in its

2017 Basic Standards hearing. While Northern’s work with stakeholders made progress

identifying a framework for setting site-specific standards, it did not produce a consensus

proposal for the South Platte hearing. The WQCD proposes changing the aquatic life

classification for Segment 11 of the Cache la Poudre, which runs through Fort Collins,

from Warm Water I to Cold Water II. The proposed cold water standards are lower (more

stringent) and are not met under current conditions, although there are healthy populations

of cold water fish in the segment according to the Division and CPW. Counsel and staff

drafted and filed a Responsive Prehearing Statement urging the Commission not to adopt

the Division’s proposal, or in the alternative adopt it with a 5-year delayed effective date,

to allow Northern and other stakeholders additional time to develop a site specific

standard. Counsel and staff are drafting a Rebuttal Statement focusing primarily on

statements filed by EPA and CPW in support of the proposed change. See also temperature

discussion at A.4, Temperature, and A.5, Water Quality Forum, below.

A.2 Grand Lake Clarity. The WQCC adopted a narrative clarity standard for Grand Lake in

2008, and added “Goal Qualifiers” of 2.5-meters minimum and 3.8- meters average to

inform the narrative standard in 2016. The standard is: 52

The highest level of clarity attainable consistent with the exercise of established

water rights, the protection of aquatic life, and water quality throughout the Three

Lakes system.

EPA has the authority to accept, reject or promulgate alternate water quality standards,

but has yet to act on the Commission’s clarity standard for Grand Lake.

To set the stage for the 2016 hearing, staff and Counsel engaged in informal weekly

meetings with other Grand Lake stakeholders and power interests to adopt a Clarity

MOU for an adaptive management program to implement the narrative clarity standard

through 2022 while Reclamation completes an Environmental Assessment (EA) of

alternatives pursuant to the National Environmental Policy Act (NEPA). The Adaptive

Management Committee, largely coordinated by Northern Water staff, meets weekly

from early July through September 11 with Reclamation to review Grand Lake clarity,

water quality parameters in the three lakes system, and make recommendations for

Reclamation’s operations of C-BT.

A.3 Grand Lake “Outstanding Waters” Proposal. A group calling itself “Outstanding Grand

Lake” proposes that the WQCC designate Grand Lake an “outstanding water.” Waters

must meet three tests for WQCC designation as “outstanding,” and Grand Lake facially

does not meet any of them.

Outstanding Grand Lake proposed outstanding waters designation for Grand Lake at the

Commission’s Upper Colorado River Issues Formulation Hearing on November 13,

2018, the second step in the Commission’s multi-year cycle of reviewing and revising

basin water quality classifications and standards. Counsel worked with staff on written

comments to explain the progress facilitated by adaptive management, and that the

proposal was not ripe for consideration at the June 2019 rulemaking The Commission

voted not to include the proposal in the scope of the triennial review hearing, but noted

the possibility for Outstanding Grand Lake to petition the Commission for a hearing to

consider this issue again in the future, potentially prior to the next triennial review

hearing (2024) if the ripeness considerations regarding the Bureau of Reclamation’s

NEPA process, NWCCOG’s action on the 208 plan, and meaningful stakeholder

discussions with the impacted entities regarding the practical implications of an

outstanding waters designation are sufficiently advanced.

A.4 Temperature Standards and Classifications. Counsel and staff have participated in

numerous form and informal efforts to address temperature issues since 2004. Of

particular concern to Northern Water are transitional foothills streams – mountain-to-

plains segments like the Cache la Poudre – that exhibit different characteristics depending

on hydrology and time of year. In the continuing absence of consensus, and opposition

from EPA and the environmental community, the Commission directed the Division to use

a segment specific approach to temperature standards at the 2017 Basic Standards and

Classifications hearing.

The Commission’s Policy provides for the assessment of the physical, chemical, and

biological factors affecting the attainment of the temperature standards currently

applied to protect the Aquatic Life use for specific segments. Changes from warm to

cold water classifications must be supported by adequate data about the expected

aquatic community as well as actual temperature data showing the attainability of cold

water temperature standards.

The Commission held an Issues Scoping Hearing on its Basic Standards and

Classifications in November 2019, the first step in the Commission’s multi-year cycle of

reviewing and revising statewide water quality classifications and standards, which the

Commission may subsequently adopt in basin hearings. Counsel and staff presented

testimony at the Hearing to alert the Commission to continuing difficulty in developing

standards that address site specific issues, and the need for the Commission to provide

policy guidance for transition streams, such as the Cache la Poudre.

A.5 Water Quality Forum. Counsel, in coordination with staff, participate in various work

groups, i.e., basic standards and classifications, and nutrient criteria/dissolved

oxygen/lakes and reservoirs, established by the Water Quality Forum, the WQCC, and

WQCD to address specific issues of statewide concern. Counsel work with staff on

issues that could affect Northern Water’s operations.

Following the Commission’s 2016 Basic Standards Hearing that failed to address

temperature standards, the Forum created a Temperature Work Group and Technical

Advisory Committee (TAC) to address data and other issues of immediate concern for

the basin hearings, and to tackle broader issues of longer-term statewide concern.

Counsel, staff and Northern’s consultants are participating in infrequent meetings of the

Work Group and TAC, which are tasked with addressing transition zones and shoulder

seasons, both long standing concerns of Northern Water.

Counsel and staff are also monitoring the TAC on nutrients and the new work group on

per- and polyfluoroalkyl substances (PFAs), so-called emerging contaminants recently

found in various watersheds in Colorado, including Boulder County.

B. 401 Certification of Subdistrict Projects. The purpose of this activity is to secure

401 Certification for the projects from the State of Colorado in a timely and efficient manner.

B.1 NISP401 Certification. The Northern Integrated Supply Project (NISP) requires 401

Certification from the State under the federal Clean Water Act because the Project

requires a federal section 404 permit from the Army Corps of Engineers. Counsel filed

NISP’s Application for 401 Certification with the WQCD on January 31, 2019. The

WQCD issued a conditional 401 Certification on January 28, 2020. Save the Poudre

appealed the Certification on April 15, 2020. Counsel filed a request for party status,

which the Hearing Chair granted on May 1, 2020. A hearing on the appeal is

scheduled for August 11, 2020 before the Commission at CDPHE in Denver.

cc: Esther Vincent

Jeff Drager

Karen Rademacher

Jerry Gibbens

Curtis Hartenstine

Peggy Montaño

Bennett Raley

Deb Freeman

Geoff Williamson

NORTHERN COLORADO WATER CONSERVANCY DISTRICT

RESOLUTION D-1343-05-20

GROUP PENSION PLAN AND TRUST AMENDMENT AND RESTATEMENT

WHEREAS, the Northern Colorado Water Conservancy District (“Northern Water”) maintains the Group Pension Plan for Employees of Northern Colorado Water Conservancy District, as Amended and Restated Effective January 1, 2020 (the “Defined Benefit Plan”); WHEREAS, the Board of Directors of Northern Water reserved the right to amend the Defined Benefit Plan pursuant to Article 10 of the Defined Benefit Plan; WHEREAS, the Board of Directors of Northern Water took action on December 5, 2019 (resolution D-1342-12-19), consistent with the recommendations of Northern Water staff and legal counsel, to amend and restate the Defined Benefit Plan, as amended and restated effective January 1, 2014, and amended thereafter, effective January 1, 2020; WHEREAS, the Board of Directors of Northern Water’s December 5, 2019, action to amend and restate the Defined Benefit Plan was taken to eliminate benefit accruals during a disability leave of absence for disabled individuals who do not qualify as disabled participants on or before December 31, 2019, incorporate certain plan amendments and make other miscellaneous revisions to the Defined Benefit Plan document; and WHEREAS, Northern Water deems it necessary and advisable to again amend and restate the Defined Benefit Plan, effective as of January 1, 2020, to incorporate a corrective amendment to the definition of Normal Retirement Date to indicate that no change should have been made to such definition effective January 1, 2020.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT as follows: 1. The Group Pension Plan for Employees of Northern Colorado Water Conservancy District, as Amended and Restated Effective January 1, 2020, to incorporate the corrective amendment to the definition of Normal Retirement Date, is hereby adopted effective as of the dates therein. 2. The appropriate officers of Northern Water are authorized, directed, and empowered to execute such documents and to take such other actions as are necessary to effectuate the adoption of the Group Pension Plan for Employees of Northern Colorado Water Conservancy District, as Amended and Restated Effective January 1, 2020, and to carry out the intent of this Resolution.

D-1343-05-20 Page 2 May 14, 2020

CERTIFICATE I, Brad Wind, do hereby certify that the above is a true and correct copy of a Resolution adopted by the Board of Directors of Northern Colorado Water Conservancy District, at a regular meeting of the Board of Directors on May 14, 2020. Dated: Secretary