Deer Springs Ranch Board Meeting
June 10 2011, 4:00 PM, Search & Rescue Bldg., Kanab
DSROA Board of Directors Meeting
June 10, 2011
At the Search and Rescue Building at the Airport in Kanab
MINUTES
Board Members in attendance: Dirk Clayson, Dale Clarkson, Shawna Cox, Jodi Akers
Other in attendance: Paul Brayton, Ranch Manager, Linda Alderman, Sec. Res. Clerk, Robert
Allen, Ken Lent, Alex Umholtz (with Paul)
Via Teleconference: Vance Green
1. Welcome - Dirk Clayson
Prayer - Shawna Cox
2. Approval of May Board Meeting Minutes
Motion to approve May Minutes: Shawna Cox
2nd: Jodi Akers
Vote: Unanimous
3. Areas of Responsibility:
Review of board member assignments.
A. Roads and Fire Protection - Jodi Akers
B. Ranch Activities, Finance - Shawna Cox
C. Water Resources and Management - Dale Clarkson
D. Agricultural and Wildlife - Dirk Clayson
E. Facilities, Cabin Maintenance - Kathy Duvall
F. Legal and Public Safety - Ben Clarkson
G. Ranch Communications and Reservations, Web development - David Turley
4. Financial Report: Linda Alderman
Water Systems Budget vs Actual was discussed.
Three or four non-budgeted items were discussed in last months meeting to see if we could
find funds to purchase them.
1) DR Trimmer $300.00 (It had already been purchased for $570.00)
2) Alma Fletcher to pull pump from irrigation well - $3000.00
3) Seeder $600.00 (The Board voted to trade a yearly assessment for Ben Clarkson’s
seeder. See item 8-B-1.)
5. Roads and Fire Protection - Jodi Akers
A. Ranch road maintenance
Jodie and Bret Fullmer went over the list created in the May meeting of needed culverts.
1. Podunk culvert was placed, Alan Steed will come and cover it.
ACTION ITEM
a. Paul & Brent work on the culvert at Crawford & Meadow Canyon Roads.
b. Paul, Brent and Steeds work on the two culverts at Podunk and 1 Crawford.
B. Paul is to put a culvert in the irrigation ditch in the area we are now using to dump
into the deep wash.
2. Paul is to get an estimate to have the culvert work done.
a. Allan Steed or Clarke Lamb.
b. The end of Broad Hollow going into the BLM land should have a culvert too but it was
determined that we only need to fill with large rocks in this area.
There was a discussion on using Alan Steed’s rock crusher at the rock Quarry which
they will be bringing up for 7 days. To crush rock for members at the ranch. $5 or $6 a
yard for Steed to crush rock. On our roads rock from the quarry is free, Off the roads on
private land there is a BLM fee. There was some confusion. Vance Green read what the
Website says:
1. All gravel from the pit for use on individual private ground must be permitted through
the BLM office in Kanab, Utah. Currently the cost is $.50 per cubic yard.
2. All gravel from pit for use on individual lots must be permitted through DSROA also and
it further carries a $.50 per cubic yard price. This is to help with the reclamation costs
and is paid to Deer Springs Ranch.
3. Users from the DSROA pit must be members of the association. No gravel is for sale to
off ranch property sites.
4. Members are limited at this time to 100 cubic yards. This amount may be adjusted by the
board. (With 300+ members our pit areas will not support each member taking large
volumes.)
5. Prior to removing any material from the pit area, members must coordinate with a board
representative for appropriate area of removal. (Larry Clarkson & Brent Fullmer are
currently the Representatives to contact.) This is because we not only want to provide
gravel for members but also shape the pit area for most effective reclamation and
enhancement of road right of way. Also, we are very close to other member lots in this
area and must be aware of no encroachment on their lots.
6. Members and their contractors will be responsible for all excessive wear and damage to
ranch road surfaces. (Heavy truck traffic does cause road life to be shortened.)
7. All operations to remove gravel from pit area must be done with member safety in mind.
At no time can equipment be left as to cause harm or injury to members or vehicles
traveling the ranch roads. Should temporary detours be deemed necessary, it is the
responsibility of the member and contractor to provide adequate signage to prevent
collisions with equipment, material, or other ranch traffic.
8. DSROA has been limited at this time to a 5 acre disturbance at the existing pit site.
No member may remove fill from any undisturbed areas without first contacting board
representative Larry Clarkson or Brent Fullmer.
9. Due to noise concerns, all work at the gravel pit and the hauling of material from same
will be conducted from sunup to sundown ONLY.
There was discussion that Phil should go ahead and that members could work directly with
Phil if they wanted to purchase materials, the board would not coordinate that. Fees of $1
per yard need to be paid to the association. Additional crushing fees can be paid to the
contractor or Phil.
Paul wants to stockpile some crushed gravel. Ken Lent suggested that if we have rock
crushed for the ranch and stockpile it, there is a good chance it will disappear before we
can use it. Paul wants crushed rock for areas at Headquarters. Dirk explained how the
County is doing rock at the junction of Skutumpah and Johnson Canyon Rd. Budget is a
concern.
Paul was given the go ahead have some material crushed and hauled fro ranch purposes.
3. ATV road that parallels the ranch road. To be used by ATVs, Mountain Bikes and
Snowmobiles. No further news on this item.
B Clarification of the Clarkson Investments Property Leasing Agreement for their
individual DSR lots. There were 2 questions: 1. Once folks lease a lot from him will Dale
still retain the votes? Yes, Dale will be paying the Assessments and therefore will have
voting privileges. 2. There was a question about the wording of article #3 “ - - -
yield possession of the property for the time of the lease.” Again, dale will keep
possession of the lots but those that Lease may make improvements and such on the lots.
Within the guidelines of the Bylaws. Dale will test drive the program
6. Ranch Activities - Shawna Cox
A. Summer event schedule.
1. August 5 & 6 will be the ANNUAL DSROA Olympics. Rain or Shine.
a. Friday night cook out
b. Camp out or stay in a cabin.
1. Paul has camp sites in mind.
c. Breakfast with a pancake eating contest.
d. And MANY more fun activities.
B. Shawna had not yet looked into the Under the Rim Trail. There was discussion of the
trail. It has been used for horse rides and foot traffic but is a non-motorized trail.
Dale spoke with a ranger in the area who was out of the Panguitch office. DSROA should
petition the removal of non-motorized restriction, because the trail is becoming over
grown and may be lost for lack of use. Now would be a good time for input from the ranch
because the Forest Service is looking into that trail and will be making decisions. Shawna
Cox will work on this.
7. Update on water issues - Dale Clarkson
A. Dale revisited his desire to hook in some of his lots near the ponds on the Meadow
Canyon Springs - he has the same rights as any other member to do so. There was a long
discussion. (See below)
B. Water System vaults.
1. PRV Vault at well field. Paul needs to complete.
2. Vault at culvert near ranch.
3. Upper Cabin Spring pipe needs to be covered going up the hill.
ACTION ITEM: Put hydrant in down by the pavilion area.
There are now 2 out houses up by the ponds. There was a discussion as to why we need 2 and
it was decided that we only need one next year.
C. Irrigation Management. The water flow on the ranch is now slowing down. Hidden
Reservoir is empty. Half Moon has a crack in it that will need to be addressed when the
water gets lower. Red Reservoir still has water flowering into it from the hills above. A
Spillway was cut into it to keep it from getting any higher. There is seepage on the north
side of the reservoir that will need attention as the water levels go down.
D. Water run off management. . There was a discussion. DSROA should file for 100% of the
run off water rights on water flowing out of Crawford and Bear Spring.
Dale is concerned about the negative input he is hearing and wants to get to the bottom of
the problem and stop the negative energy. He feels it is damaging to the ranch.
Dale shared the engineering reports that he’s received on the Meadow Canyon Spring.
The whole thing can not be finalized until Vance has Specifications and a revue letter on
it. Dale went to Thebeau Consulting / T.C. Engineering in Kanab to get a bid for the
onsite evaluation, a preliminary Topo Map on the waterline design and water line
placement, and a spring development plan. Thebeau ’S bid was $2800.00. GEM
engineering gave a similar bid. Dale said he will go forward with it himself, if the Board
doesn’t want to.
In addition Dale has bought and paid for pipeline that can be used on his easement or on
the Meadow Canyon Springs (which is his preference).
Dirk sought to clarify the situation regarding the water connections that Dale is seeking
for his lots near the Ponds. Dirk’s clarification of the issue stressed that Dale
owns lots and wants to acquire the .45 acre ft of water that each lot owner is allowed. He
is going through the process that any member would go through to accomplish his objective,
just as Jodi Akers group started on Leaf Spring. There shouldn’t be a problem or any
opposition.
Dale can go ahead on his own and come back for the Boards ratification if he chooses to do
so.
Dale should attempt to file for a new appropriation of use on the water rights.
As an example:
88 acre ft at the well field would serve 160 lots. But no water would be left for
irrigation. DSROA has a ½ acre ft (.45).
Bear Spring would serve 4 lots. Crawford Spring could serve 5 or 8 acre ft.
120 acre ft. on the Meadow Canyon Spring = 200+ lots at .45 acre foot allowed. And it was
filed the way they did so the members could use this spring. For 30 years the water has
been running down the wash, a terrible waste of good water. Dale recommended that they go
ahead and have the evaluation by TEBO so they can supply the Board of Environmental
Quality in St. George with the engineering reports they would need to have.
Dirk asked Dale, Do you want to do it as a combined group effort or do you want to do it
on your own. Dale responded “As a group if there is positive input and cooperation.
If there is going to be negativity, critique and criticism, I don’t want to be a part
of it.” Jodi reiterated that as a committee they had no objections, they just wanted
to have a plan submitted. And that is part of what Jodi and Dale will be meeting about
this week. Dirk again clarified how the water committee and Dale should be able to work
together on a simple agreement to benefit all. Dale and Jodi agreed. Dale decided to move
forward privately, and if DSROA wanted to sign on at a later date – that’s fine.
Dirk requested that an attempt be made to appropriate new water rights. It would be to our
advantage if the State will do it. There was further discussion. If Dale works on his own
there will be blanket approval. Just like with everyone else. Dirk sited Slide Canyon.
Other owners have filed water rights in Slide. It’s a clear cut path. No over-site/
no liability/ no financial responsibility, we just allow Dale to proceed as several other
members have and as allowed by the ranch .45 acre ft water rights per lot if Dale proceeds
on his own.
Shawna Cox motioned that Dale be allowed to work on the Meadow Canyon Spring on his own
with no Oversight and if in the future he offers the association a part of the system then
the Board will look into hooking into his system.
Dirk declared that the Motion dies for lack of second…..
Dale 2nd the motion and also declared his conflict of interest.
Dirk asked that the motion be amended to include the following items: When Dale hooks into
the Meadow Canyon Spring, he should do so with care not to negatively impact the Spring
and balance of the water rights. And that he will make an attempt to see if he can get a
new appropriation, but if not possible will be allowed to segregate DSROA water rights. He
will be entitled to .45 acre ft of water for each lot.
Shawna and Dale accepted the amendment as stated.
Discussion: Vance quotes
89-1234 is an ag water right
89-1259 (Meadow Canyon Spring water right) is currently classified as an Agriculture right
which means it cannot be used year round. Status will need to be changed if we start using
it for culinary.
He further states that there is a DSR Bylaw addressing an individual Member's water right
status and that Bylaw specifically reads:
12. WATER RIGHT
All members will receive a 0.45 acre foot water right with each 20-acre Deer Springs Ranch
unit. Such water right will remain in the name of the Association until the member is
ready to drill a well. At that time, the Association will prepare a Quit-Claim Deed to the
member. (See Annual Meeting Minutes of June 22, 1996.)
Two members of which he is aware have followed the above procedure. One had their .45
acre/foot segregated off of DSROA's water right 89-1496, the other had 1.5 acre feet
segregated from 89-111.
Vance re-emphasizes the "drill a well" language in the Bylaw and believes that
was the intent of those who wrote it.
Dirk indicated that in many areas drilling a well is the only option, however, in areas
where springs are available, and the water rights are contained in springs, the use of a
spring is certainly acceptable.
The discussion continued. The State has a science to determine the .45 used by each lot.
We don’t need to worry about this. Dale stated as we work through these water
projects the DSROA members will become educated and that will benefit both the Members and
the Ranch. Dirk suggested that there’s a possibility that some in another area of the
ranch may need to use Meadow Canyon Spring for their water allotment. Dale mentioned that
the Meadow Canyon Spring is very different from the Leaf Spring. Dirk explained that Leaf
Spring could be destroyed by digging into the wrong layer. Meadow Canyon Spring is a
complete different story. Dirk called time on the discussion and asked for a vote.
Vote : Motion carries 3/1.
History: In the beginning years of DSROA, Water rights were deeded to the lots when they
were purchased but most were lost due to non use so they stopped giving those rights. But
you can claim the water rights when you are ready to use them.
E. There was discussion on the history of Rod Johnson’s situation. The base issue is
that Mr. Johnson was not billed for times that his water was not functioning and therefore
had already been given the credit for the periods of non use. After a long discussion,
Dale Motioned to begin Rod Johnson #143 water hook-up fees again. And bill him $30.00 a
month for 6 months of the year. 2nd by Shawna Cox. Passed with a 3/1 vote.
8. Agricultural and Wildlife - Dirk Clayson
A. Fencing Plans –
1. Dirk has put a “Full court press” on the fencing that will be done by Taylor
Button. He should be up within a next week or two of this meeting. Paul suggested Taylor
use some of the materials we have for a credit on the cost of the job. The Board said keep
the supplies we have for the Ranch use – we have many fencing jobs that need to be
done that Taylor will not be doing.
2. Doug Hunt and Paul have been talking and are moving cows into fenced “zones”
on the ranch. Doug Hunt will be up next week. Paul has fixed one of the two fences that
was in the agreement with Doug Hunt. There is a lot of fencing still to be done. They
discussed where the cows should feed and have worked on those areas as a priority. Some of
the pasture areas will be off limits to the caws due to the seeding experiments being
conducted.
a. Paul was asked to put what he has worked out on a map of DSR, highlighting and
numbering the 5 + “Zones” for future use and At the Dale’s request,
“let’s refer to them as ‘Pastures’ rather than
‘zones’.”
B. Seeding efforts
1. Dirk made a motion that the ranch trade Ben Clarkson’s seeder for one annual
assessment which will be credited to next year.
Shawna Cox 2nd the motion.
The Vote was Unanimous.
C. Grazing Fees – Doug Hunt Cattle Co. - Half will be coming this month.
9. Facilities, Cabin Maintenance - Kathy Duvall
Paul took the lead on a discussion on the doors for the Garden Cabin and the Comfort Stop.
The doors delivered were slab doors not pre-hung. Measurements were for Pre-hung doors.
Paul is wanting to return the slab doors – He has bought some from Home Depot to put
into the Comfort Stop. He will contact CR Doors and see what he can work out.
Dirk would like to establish a standard for all the doors in the DSROA cabins.
Paul brush hogged an area where trees and other organic debris can be dumped. Dale and
Paul would like the whole area brush hogged. It is in the plans but may take until next
Fall. There is a road that crosses over the irrigation ditch and a culvert will need to go
in there. They will consider a cement culvert in that area.
Cabins are going. Plumbing in Cabin 2 is all done.
10. Legal and Public Safety - Ben Clarkson
A. DSROA should file for 100% of the run off water rights for irrigation on water flowing
into:
1. Bear Spring
2. Crawford Burn
11. Ranch Communications and Reservations, Web development - David Turley
A. Pavilion construction.
12. Ranch Manager's report - Paul Brayton
A. Fencing Improvements at Headquarters will be finished up in the Fall. There are too
many other things to do now.
B. Cattle guards – The next critical Cattle Guard will be the one on Meadow Canyon
Drive at the drift fence.
ACTION ITEM - Paul take advantage of Joe Bosze’s offer and let him help you finish
the cattle guards.
C. ACTION ITEM: Move old damaged and unusable cement culverts into the cut to stop the
erosion. Paul will use Ken Lent & Brent’s forklift. Ken Lent said there is only
about 4 or 5 that are usable. Dale not happy that they will be thrown into the wash, he
feels it will be wasteful. Braking up the 2 ton culvert with rebar and throwing it into
the wash and all involved will be difficult.
Washes needing erosion protection are:
#1 Priority, near the Garden Cabin
#2 Priority, in the well field.
D. Put a usable cement culvert at Hidden Reservoir access road and the road from Meadow
Canyon to the Johnnie Brown area, then another at the ditch where the organic trash is
being dumped.
Shawna Cox Motioned to adjourn
Jodi Akers 2nd the motion
Vote was unanimous
Meeting Adjourned
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