Kays Creek Irrigation Board Meeting 6/8/18

Kays Creek Irrigation Company Board Meeting
Layton City Conference Room

Review of Kays Creek Irrigation Shareholders Meeting:

Clarification: With regards to the customers out west, Layton City holds the shares of water. The city has a water exaction program. The developer buys water to satisfy the water exaction program and then surrenders that water to the city. The city then becomes the shareholder and the people out west become customers, not shareholders. The city is not able to sell the shares of water. Once they acquire the shares, Utah’s State Constitution prohibits the sale of the water. All the water stays within Layton City. New subdivisions in East Layton will also fall under this category if water is not turned back to Kays Creek Irrigation Company in the form of shares.

Church Street: back in 2006, the plan for the pressurized system was to extend it down to Ralph Firth’s home. He later stated that he did not want the pressurized water because of the cost of the pipe, so the pressurized system ended at Suzanne Flinders property. At the time, Scott Green was not aware of the Hyde’s as Kays Creek shareholders. In the past, there was an open ditch that ran down Church Street and the people along the ditch were accessing water from the ditch because Davis and Weber water was also running down the ditch. That open ditch has since been piped. 2 years ago Scott did approach the Hydes about accessing Davis Weber water and followed up with them after the shareholders meeting. Kays Creek Irrigation has offered to pay the difference in the rental of water with Davis and Weber, but the Hydes have not yet indicated whether they want to do that. As for the claim that the pipe for pressurizing was moved to a different project, the original pipe that was purchased was only to extend the pipe to Ralph Firth’s home. After he turned that down, the pipe was used to take it only to Suzanne Flinders and John Purdy. The pipe was purchased for that job and was used correctly.

Regarding making a motion in a meeting: According to David Wright, Kays Creek Irrigation Company’s attorney, shareholders do not make motions. Shareholders present ideas, but the board members must then choose to make a motion or not. If ideas for motions are put forth by those who are not shareholders of record, the idea for the motion does not need to be considered. Company records are to be made available to shareholders as set forth in the bylaws. They are for shareholder’s only and will not be put on the website as that is an open domain.

There are no plans to raise rates.

Tom Day claimed that the master plan for water use in Layton City was not set. He may be confused because while the master plan has been approved and voted on by the city council (5-0 vote); it is a plan that allows change as needed.

A letter was received from shareholder Suzanne Flinders. Its contents were discussed as she requested and Clark Hirschi was designated to meet with her to address her concerns. He will contact her after he gets back from a work trip out of the country.

The meeting closed at 5:36pm

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