Upper Republican Natural Resources District

Board of Directors Emergency Meeting

February 5, 2008 at 12:30 p.m. MST  

135 West 5th Street, Imperial, NE 

 

 

 Agendas were posted in the NRD Office, NRCS Office, Post Office and Court House in Imperial, the NRCS Office, Post Office and Court House in Grant, and the FSA Office, Court House and Post Office in Benkelman. The Imperial Republican and Benkelman Post,

KADL-Imperial, KRVN-Lexington and KOGA-Ogallala and Coyote Country in McCook were notified and were announced on the radio stations.

 

Board Members Present: Kerry Bernhardt, Tom Gaschler, Dean Large, Terry Martin, Mike Mosel, Greg Pelster, Tom Terryberry and Jeff Wallin.

Board Members Absent: Donn Gengenbach, Tim Schilke and Mick Strand.

NRD Staff: Jasper Fanning, Dirk Dinnel and Deb Hayes.

NRD Legal Counsel: Joel Burke.

Others present: Steve Grams.

 

Information mailed to Directors: Legislative bills

Information distributed at Board meeting:    Agenda and Legislative bills

 

Chairman Pelster called the meeting to order at 12:35 p.m. MT and reported that this emergency meeting was being conducted by conference call from Lincoln back to Imperial. Greg also reported that the Open Meetings Act is posted in the meeting room at Imperial.

 

OPEN FORUMS:

Guests, Board members and NRD staff were introduced.

 

Chairman Pelster announced that the purpose of this meeting is due to rapidly changing Legislative calendar, an emergency meeting is necessary to allow the District to take a position on various bills and enable the District to provide testimony at legislative hearings in support or opposition of the various legislative bills.

 

Jasper reviewed the bills with the Board.

 

LB 975 was introduced by Senator Wightman and it addresses an issue in LB 701. LB 701 required that wells be shut off that are on commingled acres in an irrigation district that leases its water.  Irrigation Districts may have multiple canals and would have to shut off water on all wells. This bill cleans up the language with respect to commingled wells and when their allocation would need to be reduced if they lease their surface water.

 

LB 924 was introduced by Senator Fischer and it deals with several items.  The main thing that applies to the NRD is deals with protecting water put in the stream for compact compliance which falls under the provisions in LB962. It states that if the NRD’s purchase water then the NRD tells DNR what credit should be received and that water is protected. 

 

LB 1041 was introduced by Senator Christensen and it protects water that is purchased or leased for compliance except for carriage loss.

 

LB 1150 is Senator Langemeier’s appropriations and resource development fund.

 

Jasper recommended that the NRD support these four bills.

 

LB 801 and its associated amendments were introduced by Senator Louden. It has some clean up language and a clean up. It would require flowmeters on all high capacity wells and surface water diversions and wells in the State of Nebraska.  Discussion was that flowmeters are on a good thing but the argument is that NRD’s are set up for local control. Jasper feels that the NRD’s position might be that meters are on great management tool and something that is necessary for a problem but let that decision be made by other NRD’s that may start having problems.

 

Jasper and the Board members discussed the Boards position on all the bills.

  • Mosel moved to support LB 975, LB 924, LB 1041 and LB 1150.  Seconded by Large.

Discussion.

 

  • Gaschler moved to amend the main motion and to add that the NRD supports the concept of the original bills instead of the bill itself so that if changes are made then Jasper has the latitude to testify on those at the legislative hearings.  Seconded by Large.

Discussion.

Roll call vote: 8-yes, 3-absent. Amendment carried.

 

The main motion now reads: that the NRD supports the concept of LB 975, LB924, LB 1041 and LB 1150 instead of the bill itself so that if changes are made then Jasper has the latitude to testify on those at the legislative hearings.

Discussion.

Roll call vote: 8-yes, 3-absent. Amended motion carried.

 

Jasper and the Board discussed LB 801 and the amendments to LB 801. The original bill change provisions to Integrated Management Plan’s and the amendment adds the language requiring flowmeters.

  • Terryberry moved that the NRD follow the NARD recommendations to support LB801 and oppose the amendments to LB 801 and to have Jasper testify for the support of the concept of allowing local NRD’s to decide on flowmeters and oppose the amendment.  Seconded by Gaschler.

Roll call vote: 8-yes, 3-absent. Motion carried.

 

Joel Burke once again for clarification stated that the purpose of this emergency meeting is due to rapidly changing Legislative calendar, an emergency meeting is necessary to allow the District to take a position on various bills and enable the District to provide testimony at legislative hearings in support or opposition of the various legislative bills.

 

Chairman Pelster adjourned the meeting at 1:20 p.m. MT.               

 

                                                                        Respectfully submitted

 

                                                                        Tom Terryberry

                                                                        Secretary/Treasurer