HomeMy WebLinkAbout20120733.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 14, 2012
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Administration Building, Greeley, Colorado, March 14, 2012, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick and Tonya Disney
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of March 12, 2012, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: RECONSIDER THE FOLLOWING 3/12/2012 CONSENT AGENDA
ITEM: 8) LICENSE AGREEMENT FOR GIS DIGITAL DATA - MONTANA MAPPING AND GPS, LLC
[2012-0680], AS NEW ITEM OF BUSINESS #5: Commissioner Rademacher moved to amend the
Agenda as noted. Commissioner Garcia seconded the motion, which carried unanimously.
PUBLIC INPUT: Doug Meyer, County resident, submitted a Tribune Article, dated March 12, 2012,
marked Exhibit A, which he read for the record. He stated Representative Scott Renfroe is lending his
support of H.B.1278 regarding water wells and he asked the Commissioners to continue representing
local economies in this matter. Commissioner Conway explained as long as the 1989 10th Circuit
Court, Brown vs. Sierra Club case stands, there is a tool to continue arguing against the issue.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, WELD COUNTY TRANSPORTATION - VIVIAN MCKINLEY: Chair
Conway read the certificate recognizing Vivian McKinley for her years of service with the Weld County
Transportation Division. Toby Taylor, Director, Department of Buildings and Grounds, stated
Ms. McKinley did an excellent job of keeping the transportation schedules flexible and effective for the
citizens of Weld County and she will be missed. The Board wished Ms. McKinley the best in her
�- Minutes, March 14, 2012 2012-0733
Pagel BC0016
retirement. Ms. McKinley stated she has enjoyed her time with Weld County, even on the stressful
days, and she is now enjoying her free time.
COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer stated H.B.1103 was carried
by Representative Glenn Vaad and hopefully it will be signed by the Governor to allow Weld County to
opt out of the emissions permitting. Commissioner Conway agreed and stated it was a huge
breakthrough to obtain a Democratic representative on the issue, and he is looking forward to moving
the Bill out of Committee and on to the Governor's Office. He thanked Representative Vaad for three
years of persistence on the issue.
Commissioner Kirkmeyer stated she was appointed to the Child Welfare Allocation Committee, and
Weld County's allocation is $16.5 million in Child Welfare and $1.4 million in Core Services, which has
not changed since 1995. She stated there is the potential for a $600,000 increase in Core Services for
prevention in child welfare cases, and they are still working to increase the Child Welfare allocation to
cover expenditures of over $19 million due to an ever increasing case load. She also thanked Human
Services Director, Judy Griego, as well as John Kruse and Lennie Botoroff for all of their time and
effort. The Board thanked Commissioner Kirkmeyer and the staff for striving to obtain additional funds
which will decrease the amount paid by taxpayers.
BIDS:
PRESENT BID #61200038, CABLING FOR ALTERNATIVE DISPATCH CENTER - DEPARTMENT
OF PHONE SERVICES: Monica Mika, Director of Finance and Administration, stated four vendors
submitted bids and a recommendation of approval will be made by staff on March 28, 2012.
BIDS -OIL AND GAS:
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4 NE1/4, S8, T9N, R59W: Barbara
Connolly, Controller, stated one bid was received to lease 40.0 net mineral acres. Commissioner
Garcia moved to approve the sole bid from Baseline Minerals, Inc., in the amount of $2,300.00 per net
mineral acre, for a total amount of $92,000.00. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - E1/2, S2, T8N, R60W: Ms. Connolly stated
one bid was received to lease 326.37 net mineral acres. Commissioner Rademacher moved to
approve the sole bid from Baseline Minerals, Inc., in the amount of$2,300.00 per net mineral acre, for a
total amount of$750,651.00. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4, S5, T8N, R63W: Ms. Connolly
stated no bids were received for this 148.0 net mineral acre parcel.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - NE1/4, S5, T9N, R59W: Ms. Connolly
stated no bids were received for this 160.0 net mineral acre parcel.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4 SE1/4, S1, T7N, R63W:
Ms. Connolly stated one bid was received to lease 40.0 net mineral acres. Commissioner Rademacher
moved to approve the bid from Baseline Minerals, Inc., in the amount of$2,300.00 per net mineral acre,
for a total amount of $92,000.00. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - LOT 1, NE1/4 NE1/4, S2, T10N, R59W:
Ms. Connolly stated no bids were received for this 40.32 net mineral acre parcel.
Minutes, March 14, 2012 2012-0733
Page 2 BC0016
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - SE1/4, S5, T8N, R63W: Ms. Connolly
stated no bids were received for this 160.0 net mineral acre parcel.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - E1/2 NE1/4, NW1/4 NE1/4, S1, T7N,
R63W: Ms. Connolly stated one bid was received to lease 160.23 net mineral acres. Commissioner
Rademacher moved to approve the bid from Baseline Minerals, Inc., in the amount of$2,300.00 per net
mineral acre, for a total amount of $368,529.00. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - LOT 4, SW1/4 NW1/4, S4, T8N, R59W:
Ms. Connolly stated one bid was received to lease 85.07 net mineral acres. Commissioner Kirkmeyer
moved to approve the bid from Baseline Minerals, Inc., in the amount of$2,300.00 per net mineral acre,
for a total amount of$195,661.00. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4 W1/2 NE1/4, S5, T8N, R63W:
Ms. Connolly stated no bids were received for this 234.72 net mineral acre parcel.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - W1/2 SW1/4, S35, T9N, R59W:
Ms. Connolly stated one bid was received to lease 53.33 net mineral acres. Commissioner Garcia
moved to approve the bid from Baseline Minerals, Inc., in the amount of$2,300.00 per net mineral acre,
for a total amount of $122,659.00. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4, S13, T7N, R63W: Ms. Connolly
stated two bids were received to lease 160.0 net mineral acres: Baseline Minerals offered $2,300.00
per mineral acre, and Pensar Petroleum, LLC, offered $1,121.00, and subsequently declined to
participate in an auction. Commissioner Rademacher moved to approve the high bid from Baseline
Minerals, Inc., in the amount of $2,300.00 per net mineral acre, for a total amount of $368,000.00.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - W1/2, S23, T8N, R63W: Ms. Connolly
stated one bid was received to lease 320.0 net mineral acres. Commissioner Garcia moved to approve
the bid from Baseline Minerals, Inc., in the amount of $405.00 per net mineral acre, for a total amount
of$129,600.00. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4, S25, T9N, R59W: Ms. Connolly
stated one bid was received to lease 160.0 net mineral acres. Commissioner Rademacher moved to
approve the bid from Baseline Minerals, Inc., in the amount of $2,300.00 per net mineral acre, for a
total amount of$368,000.00. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4, S35, T8N, R63W: Ms. Connolly
stated one bid was received to lease 160.0 net mineral acres. Commissioner Kirkmeyer moved to
approve the bid from Baseline Minerals, Inc., in the amount of $2,300.00 per net mineral acre, for a
total amount of $368,000.00. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4, S12, T1N, R66W: Ms. Connolly
stated one bid was received to lease 151.0 net mineral acres. Commissioner Rademacher moved to
approve the bid from Pensar Petroleum, LLC, in the amount of $2,150.00 per net mineral acre, for a
total amount of$324,650.00. Seconded by Commissioner Long, the motion carried unanimously.
Minutes, March 14, 2012 2012-0733
Page 3 BC0016
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - S1/2 NE1/4, S15, T10N, R57W:
Ms. Connolly stated no bids were received to lease this 80.0 net acre parcel.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4, S24, T7N, R63W: Ms. Connolly
stated two bids were received to lease 160.0 net mineral acres: Baseline Minerals offered $2,300.00
per mineral acre, and Pensar Petroleum, LLC, offered $1,121.00, and subsequently declined to
participate in an auction. Commissioner Rademacher moved to approve the high bid from Baseline
Minerals, Inc., in the amount of $2,300.00 per net mineral acre, for a total amount of $368,000.00.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - S1/2 NE1/4, S34, T9N, R59W: Ms.
Connolly stated one bid was received to lease 53.33 net mineral acres. Commissioner Rademacher
moved to approve the bid from Baseline Minerals, Inc., in the amount of$2,300.00 per net mineral acre,
for a total amount of $122,659.00. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - SE1/4, S35, T8N, R63W: Ms. Connolly
stated one bid was received to lease 160.0 net mineral acres. Commissioner Garcia moved to approve
the bid from Baseline Minerals, Inc., in the amount of$2,300.00 per net mineral acre, for a total amount
of$368,000.00. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - NE1/4, S13, T7N, R63W: Ms. Connolly
stated two bids were received to lease 160.0 net mineral acres: Baseline Minerals offered $2,300.00
per mineral acre, and Pensar Petroleum, LLC, offered $1,121.00, and subsequently declined to
participate in an auction. Commissioner Kirkmeyer moved to approve the high bid from Baseline
Minerals, Inc., in the amount of $2,300.00 per net mineral acre, for a total amount of $368,000.00.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - W1/2 SE1/4, S15, T10N, R57W:
Ms. Connolly stated no bids were received to lease this 80.0 net mineral acre parcel.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4, S25, T8N, R63W: Ms. Connolly
stated one bid was received to lease 160.0 net mineral acres. Commissioner Garcia moved to approve
the bid from Baseline Minerals, Inc., in the amount of $405.00 per net mineral acre, for a total amount
of $64,800.00. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - SE1/4, S34, T9N, R59W: Ms. Connolly
stated one bid was received to lease 106.66 net mineral acres. Commissioner Garcia moved to
approve the bid from Baseline Minerals, Inc., in the amount of $2,300.00 per net mineral acre, for a
total amount of $245,318.00. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4, S35, T8N, R63W: Ms. Connolly
stated one bid was received to lease 160.0 net mineral acres. Commissioner Garcia moved to approve
the bid from Baseline Minerals, Inc., in the amount of$2,300.00 per net mineral acre, for a total amount
of$368,000.00. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4, S25, T8N, R60W: Ms. Connolly
stated two bids were received to lease 80.0 net mineral acres, and conducted an oral auction between
representatives for Baseline Minerals, Inc., and James C. Karo Associates. Commissioner
Rademacher moved to approve the high bid from Baseline Minerals, Inc., in the amount of$525.00 per
Minutes, March 14, 2012 2012-0733
Page 4 BC0016
net mineral acre, for a total amount of $42,000.00. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
(Clerk's Note: Esther Gesick left the meeting to process oil and gas lease receipts.)
OLD BUSINESS:
CONSIDER RESCINDING DOCUMENT #2012-0293, DATED JANUARY 30, 2012, CONCERNING
INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF BONUS AMOUNTS FOR CERTAIN
REPORTED OIL AND GAS EMPLOYEES RESIDING WITHIN MUNICIPAL BOUNDARIES - TOWN
OF NUNN (CON'T FROM 03/07/12): Mr. Barker stated he sent an e-mail to Mayor Bender yesterday
requesting written confirmation of the Town of Nunn's intent to void the agreement; however, he has
not received a response and recommended continuing the matter. (Clerk's Note: At the request of the
Chair, the meeting was postponed until a substitute Clerk was available. Tonya Disney, Deputy Clerk,
now present.) During the Clerk's absence, Mr. Barker explained the approval needs to be rescinded
because the time for reconsideration during the next meeting has passed. Commissioner Rademacher
moved to continue the matter to March 21, 2012. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER REAFFIRMING APPROVAL OF 2012-2015 COMMUNITY SERVICES BLOCK GRANT
(CSBG) APPLICATION AND PLAN, RESOLUTION #2012-0210 (APPROVED JANUARY 23, 2012):
Judy Griego, Director of Department of Human Services, stated this public hearing is for the purpose of
allowing public input concerning the Department's application. She explained the Annual Plan is for a
three-year period, in the amount of $290,912.00 per year, for a total of $872,736.00. She stated these
funds will be spent on certain emergency services, employment services, volunteer insurance for
drivers under the Senior Nutrition Program, and medical/dental/vision assistance for low income
individuals. No public testimony was offered concerning this matter. Commissioner Garcia moved to
reaffirm approval of the 2012-2015 CSBG Grant Application and Plan. Second by Commissioner
Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR CRS 25 AND 40 AND AUTHORIZE
CHAIR TO SIGN — PLUMB RIDGE, LLC: Leon Sievers, Department of Public Works, stated the County
maintains County Road (CR) 25 along the west side of the Plumb Ridge property, as well as CR 40
along the southern property line. He stated during review of the applicant's Recorded Exemption
application, staff determined there was no granted right-of-way on CR 25, and only 20 feet on CR 40.
He further stated the landowner has agreed to grant and dedicate 30 feet of right-of-way on the west for
CR 25 and an additional 10 feet on the south for CR 40, at no cost to the County. In response to
Commissioner Kirkmeyer, Mr. Sievers reiterated the County currently maintains both roadways, there
are three residences along CR 25, and the distance is counted on the Highway User Tax Fund (HUTF)
Report. Commissioner Rademacher moved to accept said Deed of Dedication and authorize the Chair
to sign. The motion, which was second by Commissioner Garcia, carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PERFORMANCE OF ACCOUNTING
SERVICES ON BEHALF OF HIGHWAY 85 COALITION AND AUTHORIZE CHAIR TO SIGN: Elizabeth
Relford, Department of Public Works, stated the IGA is in relation to the Planning and Environmental
Linkage (PEL) Study being conducted by the Colorado Department of Transportation (CDOT) and they
are requesting Weld County serve as the accountant for all of the funds being contributed toward the
study by the various Highway 85 Coalition participants in Region 4. Commissioner Kirkmeyer further
explained this is for a $1.5 million project; she reviewed the amounts being contributed by the various
participants; and stated it makes sense for CDOT to enter into one IGA with the County for the
accounting component, versus executing separate IGA's with each of the contributing entities.
Following discussion, the Board also agreed with including the contribution from Adams County and
Minutes, March 14, 2012 2012-0733
Page 5 BC0016
modifying the Resolution accordingly. Commissioner Garcia moved to amend the Resolution to include
Adams County. Seconded by Commissioner Rademacher, the motion carried unanimously.
Commissioner Kirkmeyer moved to approve the amended Resolution approving the Intergovernmental
Agreement and authorizing the Chair to sign. Commissioner Garcia seconded the motion, which
carried unanimously.
CONSIDER DESIGN-BUILD CHANGE ORDER FORM FOR ALTERNATE DISPATCH CENTER
(B1100128) AND AUTHORIZE CHAIR TO SIGN - ROCHE CONSTRUCTORS, INC.: Pat Persichino,
Director of Department of Public Works, stated this is the final amount needed to begin construction.
Commissioner Rademacher moved to approve said Change Order and authorize the Chair to sign.
The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously.
(Clerk's Note: Commissioner Kirkmeyer is excused at 10:10 a.m. to attend previously scheduled
commitment.)
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN (PT. S25, T7N,
R67W) - NOBLE ENERGY, INC.: Mr. Barker stated Noble Energy is offering $400.00 per acre to lease
4.42 mineral acres, for a total payment of $1,768.00. Commissioner Rademacher moved to approve
said small tract lease and authorize the Chair to sign. Commissioner Garcia seconded the motion, and
it carried unanimously.
RECONSIDER LICENSE AGREEMENT FOR GIS DIGITAL DATA - MONTANA MAPPING AND GPS,
LLC (PREVIOUSLY APPROVED VIA 3/12/12 CONSENT AGENDA): Mr. Barker stated Montana
Mapping and GPS, LLC, was unwilling to pay the prerequisite fee for the data access, and the Board
has the authority to reconsider any matter from a previous meeting. Chair Conway stated these types
of agreements are typically listed on the Consent Agenda as standard forms; however, the discrepancy
was discovered. Upon reconsideration, Commissioner Rademacher moved to deny said agreement
and nullify the Chair's signature of March 12, 2012. The motion, which was seconded by
Commissioner Garcia, carried unanimously.
PLANNING:
CONSIDER GRANTING REQUEST FOR EXTENSION OF SUBMITTAL OF CHANGE OF ZONE
PLAT, PZ #1125 - PIONEER COMMUNITIES, INC., AND H.P. FARMS, LLC: Tom Parko, Department
of Planning Services, stated on January 9, 2011, the applicant requested a one-year extension to
record the plat, and he submitted a timeline, marked Exhibit A. He stated staff met with the applicant's
representative on February 7, 2012, at which time they indicated the applicant is close to completing all
of the Conditions of Approval, and staff supports the request for a continuance, with the requirement for
quarterly reports. Chair Conway requested a brief recess. Upon reconvening, Jack Reutzel,
applicant's representative, stated they have reached an agreement with Anadarko, the terms are being
drafted for review, he believes everything will be submitted within the next year, and he is in agreement
with submitting quarterly reports. Commissioner Rademacher moved to grant the one-year extension
request to record the Change of Zone plat for PZ #1125, with the condition that the applicant submit
quarterly progress reports to the Department of Planning Services. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER APPROVAL OF RECORDED EXEMPTION, RECX11-0057 - LARRY AND SHIRLEY
BATMAN, C/O NUNN TELEPHONE COMPANY: Kim Ogle, Department of Planning Services, stated
pursuant to Section 24-8-40.L of the Weld County Code, the minimum lot size proposed for public water
shall not be less than one acre, and the minimum lot size proposed for a well shall not be less than 2.5
acres. He stated the applicant is requesting a waiver of the 2.5-acre minimum lot size requirement for
the proposal of an unmanned equipment building on Lot A, which is 0.129 gross acres, with 2,026
square feet of buildable area. He stated there will be no well or septic on the property and staff
Minutes, March 14, 2012 2012-0733
Page 6 BC0016
supports the request with the addition of the following note on the plat as Condition of Approval
#5.G.16: "Lot A is to be utilized as an unmanned equipment building site, and shall not be a buildable
parcel for residential purposes." Greg Grablander, Nunn Telephone Company, stated the site is
necessary to provide better service to the area and they have already received approval on two other
similar Recorded Exemption sites. In response to Chair Conway, Mr. Grablander stated he has
reviewed, and agrees to abide by, the Conditions of Approval, with the language as proposed by staff.
Commissioner Long moved to approve RECX11-0057, with the Conditions of Approval and the
additional language as proposed by staff to be added as Condition of Approval #5.G.16. Commissioner
Garcia seconded the motion. In response to Commissioner Rademacher, Mr. Ogle explained there are
no Development Standards; just Conditions of Approval and notes on the plat to create a legal parcel.
There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:28 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:'
Sean P. C nway it
Weld County Clerk to the Board / �j,, �
William F. Garcia, Pro-T,em
BY: ���� , ,
Deputy CI k to the Bo 16.4 1� _ — /k-
� /Bar ara Kirkmeyer
1361 "l* _`\�I
David E. Long
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Dougla adema her
Minutes, March 14, 2012 2012-0733
Page 7 BC0016
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