Birch Creek Irrigation Company
PO Box 45
Fairview, UT 84629

May 30, 2006 Joint Special Meeting of the Boards of Cottonwood-Gooseberry Irrigation Company, Birch Creek Irrigation Company, Mr. Kirk Forbush representing the office of the State Engineer, plus Mr. Ralph Bench.

The purpose of this meeting is to clarify the apparent conflict in water delivery wherein the two companies now share a line through the G. Worth Bench property and the difficulty this causes in getting water delivered to the Bench Meadow property and the Odell Cox property.  The Cox property is adjudicated to be watered with Birch Creek water and the Bench Meadow is to be watered with Cottonwood Gooseberry water.  When one is using the line, the other cannot and vice-versa.

Meeting called to order by Cottonwood-Gooseberry President Lynn Anderson.  Present were majority interests in both Boards plus Mr. Bench and State Engineers office Engineer, Kirk Forbush.

Lynn stated up front that only civil discussion will be allowed and anyone not able to abide by that requirement would be asked to leave the meeting.

Lynn reviewed the history as outlined in paragraph 2 above.  He stated that evidence exists that the two in line check valves do not always work.  This could be resolved by putting in actual shut off valves to keep from intermixing the water.

Mr. Forbush asked if an acre for acre trade could be facilitated but Bench has 51 acres and Cox has 16.9.

Alan Summerhays suggested that a parallel pipeline would solve the problem but that in the past Bench has vigorously opposed the installation within the existing easement.

Ralph Bench said he was willing to work toward a solution but just didn’t want to be singled out among the other shareholders.

Kirk Forbush stated that the adjudication maps clearly show that the 51-acre meadow is to be watered with Cottonwood-Gooseberry water as he stated in his previous letter.

Kevin Turpin asked Mr. Forbush if it was true in the State’s eyes, we need to be watering the # of acres per share that is assigned and if it was in the overall adjudicated areas.  He further stated that resolving the adjudication issue discrepancies was a major goal of the Birch Creek Company for 2006.

Ralph mentioned the traditional practices of the past.  Monte stated that it is true the traditional methods of the past can’t be corrected but they can surely be corrected to not perpetuate wrong methods.

Mr. Forbush stated that the State Engineers wants companies to work within the law.  Lynn stated that he was really concerned with recent legislation imposing very significant fines and penalties if ANYONE filed a complaint.

Mr. Forbush stated that the Judge LeRoy Cox decree superceded Bacon’s Bible and to truly establish our correct adjudication we need to refer to the 1920’s plat maps, the Cox decree and Bacon’s Bible in that order. If something is not spelled out, then Bacon’s Bible comes in to play.  The “internet” sheets marking “x” in various sections indicates only that somewhere in that section there is water adjudicated from a given water right or irrigation company and that they do NOT mean that a water right can be applied anywhere in the section indicated. The plat maps and the Cox decree override them and they were never completed in final detail form because of lack of staff.

Lynn summarized with 3 possible solutions:
1.  Separate pipelines. 
2.  Continue the way we are. 
3.  Exchange adjudication.  The most legal and logical is to put in a separate pipeline with shared costs by both companies.

Kevin stated that since the backflow valves are not always working, they should be replaced by shut off valves.

It was agreed that, at least for a short-term solution, we would continue valve control and water master supervision by both water masters under Lynn’s direction with Lynn and any other board member to control valves with notification of  BOTH water masters when it is changed. 

Mr. Forbush agreed that they would try to schedule time to help us with the adjudication issue but couldn’t promise it would be right away due to man power issues. 

Ralph mentioned that he was willing to entertain the parallel water line as long as it was in the existing easement.  He was reminded of his refusal in the past.  He stated, “I was mad then but I am trying to do my best to be cooperative.  I just don’t want to be singled out.”.

Ralph said he would have no problem with the back flow valve on the Birch Creek side, which is leaking being replaced and would allow 3 hours to complete it.  Branch Cox stated that a larger window of time was needed to include contingencies that may arise.

All agreed to continue to work toward a permanent solution.

Respectfully submitted for both Boards,
Monte Pugmire, sec-treas, Birch Creek.