Water district’s court filing in question

A Motion to Amend Organizational Decree was filed in Archuleta County District Court on behalf of the San Juan Water Conservancy District (SJWCD) on Oct. 18.
Attorneys representing the district filed the motion to allow the board of directors to reduce the number of directors to “no less than three (3) nor more than nine (9) directors.”
The motion states, “The District’s Board acted at its meeting on October 9, 2017 to move this Court to amend its Organizational Decree to reduce the required number of Directors in order to facilitate the maintenance of a fully-seated board and to ensure the presence of a quorum at Board meetings, and to amend its Bylaws accordingly.”
However, the SJWCD did not act on the matter at its meeting on Oct. 9.
During that meeting, SJWCD board chair and president Rod Proffitt brought up the possibility of reducing the number of board members, stating, “but that’s not before you tonight.”
The only bylaw change that was acted on concerned contracts between the board and board members to bring the district into compliance with statute.
Sixth Judicial District Chief Judge Jeffrey R. Wilson granted the motion to amend the organizational decree on Oct. 19, allowing for the reduction in the number of directors on the board.
When asked to explain why the motion was submitted to the judge when the board did not take formal action on the matter at the meeting on Oct. 9, Proffitt wrote in an email to The SUN, “I still haven’t seen the draft minutes, but you seem to have more information than I do. I did send your message on to legal counsel and we will do our best to get everything in the right order. We appreciate the oversight!”
No other board members responded to The SUN’s request for explanation by press time Wednesday.
The motion to the court also reads, “Since the May 6, 2014 Court Order, the District continues to have difficulty finding individuals to fill Board vacancies. While the District currently has six Directors, the upcoming expiration of some Directors’ terms may cause the District to fall below five Directors as currently required by its Amended Organization Decree and Bylaws.”
The district website states, “There are a number of Board of Directors positions open that need to be filled! If you would like to help the District, constituents, and community responsibly manage and plan for our water future please submit a letter of interest.”
In January, the district published a notice accepting applications to serve as a director, which states “Applications are being received for the position on an at-large basis that will generally achieve a geographical representation of the District.”
Resumes setting forth your qualifications to serve should be sent to: San Juan Water Conservancy District, P.O. Box 4632, Pagosa Springs, Colorado 81147.

This story was posted on November 9, 2017.