Upper Republican Natural Resources District

Board of Directors Regular Meeting

February 12, 2008 at 7:30 p.m.  

135 West 5th Street, Imperial, NE 

 

 

Agendas were mailed to all Board Members and all others requesting agendas.  Agendas were posted in the NRD Office in Imperial, the NRCS Offices in Grant and Imperial, and the FSA Office in Benkelman.  The meeting was announced over KADL-Imperial, KRVN-Lexington and KOGA-Ogallala and published in area newspapers.

 

Board Members Present: Kerry Bernhardt, Tom Gaschler, Donn Gengenbach, Dean Large, Terry Martin, Greg Pelster, Tim Schilke, Mick Strand, and Jeff Wallin.

Board Members Absent:  Mike Mosel and Tom Terryberry.

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

NRD Legal Counsel: Joel Burke.

NRCS Staff: Nadine Bishop.

Others present: Nadine Bishop, Roger Stockton, Kevin Harms, Myron Harms, Traci Witthuhn, Stan Loeffler, and Steven Grams.

 

Information mailed to Directors:

Information for District applications, contracts, agreements

Variance information

Funding request

 

Information distributed at Board meeting:

Agenda                                                                                   Order 29

Minutes of January 8, 2008 Regular Board meeting              Variance Information

Minutes of February 5, 2008 Emergency Board meeting       Report of District applications,

Financial reports                                                                          contracts, agreements

NRCS report                                                                           Funding requests

Rules & Regulations                                                               RR Coalition report

                                                                                                Legislative bills

 

Chairman Pelster called the meeting to order at 7:30 p.m

 

Chairman Pelster announced that the Open Meetings Act is posted by the door if anyone would like to review it.

 

Director absences:  Mike Mosel is attending NACD conference, Tom Terryberry is ill this evening and Tom Gaschler may be late due to conflict.

 

 

OPEN FORUMS:

Guests, NRCS staff, Board members and NRD staff were introduced.

 

There were no comments during the open comment period.

 

MINUTES:

  • Martin moved to approve the minutes of the January 8, 2008 Regular Board meeting as mailed.  Seconded by Schilke.

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

 

  • Martin moved to approve the minutes of the February 5, 2008 Emergency Board meeting as mailed. Seconded by Bernhardt.

Roll call vote: 6-yes, 2-abstain, 3-absent. Motion carried.

Voting yes: Bernhardt, Gengenbach, Large, Martin, Pelster, and Wallin. Abstain: Schilke and Strand. Absent: Gaschler, Mosel and Terryberry.

 

FINANCIAL REPORT:

The Manager presented the Financial Reports to the Board. Jasper reviewed the EMC insurance item with the Board. This additional insurance was to be a quote to have our umbrella liability insurance from one million to five million dollars. Also included in this amount is general liability on the lots for the new building and builders risk insurance.

  • Gengenbach moved to approve the Accounts Payable and to accept the Accounts Treasurers report. Seconded by Martin.

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

 

 

NRCS REPORT:

Nadine Bishop gave the NRCS report. Nadine reported on the workshops that NRCS staff has attended.  NRCS staff has been working on EQIP contracts and the total applications received are: Chase County 29, Dundy County 16 and Perkins County 5. NRCS staff has been directed to work on ground and surface water EQIP projects until their budget is finalized.

 

Roger Stockton gave the Southwest RC & D report.  The Weed Management has accepted a bid for removal of trees along the Republican River from Cambridge to Colorado state line.  Roger also reported on the meetings he has attended the past month.

  • Martin moved to approve the NRCS report of planning activities dated February 5, 2008 to include the Conservation Plans as signed and corrected for Chase, Dundy and Perkins County. Seconded by Strand.

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

 

 

GROUNDWATER MANAGEMENT/RULES AND REGULATIONS.

Jasper reviewed the proposed Rules and Regulations with the Board. The Board will need to adopt the Rules and Regulations and the Integrated Management Plan by Order. 

  • Large moved to adopt the Upper Republican NRD’s Rules and Regulations for Groundwater Control as presented. Seconded by Schilke.

Discussion.

Roll call vote: 7-yes, 1-no, 3-absent. Motion carried.

Voting yes: Bernhardt, Gengenbach, Large, Martin, Pelster, Schilke, and Strand. Voting no: Wallin. Absent: Gaschler, Mosel and Terryberry.

 

  • Large moved to adopt Order #29 for the Integrated Management Plan and Associated Ground Water controls.  Seconded by Schilke

Roll call vote: 7-yes, 1-no, 3-absent. Motion carried.

Voting yes: Bernhardt, Gengenbach, Large, Martin, Pelster, Schilke, and Strand. Voting no: Wallin. Absent: Gaschler, Mosel and Terryberry.

 

VARIANCE COMMITTEE:

Terry Martin gave the URNRD Variance Committee report.

Mid American Renewable Fuels/Wauneta Ethanol, LLC is requesting a variance to install an industrial well on the property of the proposed ethanol production facility west of Wauneta in the NW ¼ of Section 10-5-36.

The Manager reported that since the new Rules and Regulations have been approved than Mid American Renewable Fuels/Wauneta Ethanol, LLC will probably not proceed with the variance process unless they would need to drill a well before the new rules go in to effect. The new rules will not require them to get a variance for well spacing.

 

Kevin and Myron Harms are requesting a variance to move the well on the NW ¼ of

Section 17-11-37 to the NW ¼ of Section 29-11-37 and then abandon the original well in the NW ¼ of Section 17-11-37.  The Board discussed the variance with Kevin and Myron Harms and this will be an agenda item for the March 4, 2008 Regular Board meeting.

 

Jasper reviewed with the Board the possibility having a notice of publication in the paper so when someone is requesting a variance to the Rules and Regulations.

 

REPORT OF DISTRICT APPLICATIONS, CONTRACTS AND AGREEMENTS:

The Board reviewed the District applications, contracts and agreements.

  • Large moved to approve the report of District applications, contracts, and agreements as presented.  Seconded by Bernhardt.

Roll call vote: 7-yes, 1-abstain, 3-absent. Motion carried.

Voting yes: Bernhardt, Gengenbach, Large, Martin, Pelster, Schilke, and Strand.

Abstain: Wallin. Absent: Gaschler, Mosel, and Terryberry.

 

REPUBLICAN RIVER MEETING REPORT:

Jasper discussed with the Board that the augmentation study is ongoing and gave an update on other augmentations discussions ongoing with the Department.

 

Gaschler arrived at 8:42 p.m.

 

LEGAL COUNSEL REPORT:

Joel had no items to report on at this time.

 

 

 

 

MANAGER’S REPORT:

Jasper reported that the Republican River Coalition with the lawsuit cannot issue bonds via Ameritas the Coalition is looking for other alternatives to pay the irrigation districts.

  • Large moved to have the URNRD and the Republican River Coalition find alternative funding sources to pay the Irrigation Districts for the 2007 surface water leases and to give authority to the designated officers to take necessary action. Seconded by Martin.

Discussion.

Roll call vote: 9-yes, 2-absent. Motion carried.

 

Chairman Pelster called a recess at 8:52 p.m.

Chairman Pelster called the meeting back in session at 9:03 p.m.

 

Jasper reported to the Board that he has had a request for public information on the grant augmentation study. He denied this request at this time because it is not complete and he did not feel it was in the best interest to have inaccurate information out to the public. Jasper did indicate that as soon as the study is complete then the information would be released. 

 

 INFORMATION AND EDUCATION:

Terry Martin gave the Information and Education Committee report.

Marla Smith asked if the URNRD would be interested in sponsoring a new camp called SCORE TAC this year.  The camp will be held at the Swinging Bridge Ranch.  The request is for $2500.

The Board reviewed the information with Marla Smith and would like to review the budget before acting on this request.  This will be an agenda item for the March 4, 2008 Regular Board meeting.

 

The Board discussed donating to Pheasants Forever Banquet a $300 certificate toward the purchase and planting of trees and weed barrier.

  • Martin moved to donate $300.00 to Pheasants Forever banquet.  Seconded by Bernhardt.

Roll call vote: 9-yes, 2-absent. Motion carried.

 

Jasper told the Board that the Honor Family award will be given to Tecker Ranch at the Ducks Unlimited banquet in Benkelman on March 29, 2008 at the Dundy County Fairgrounds. Any Board member interested should contact Deb at the office.

 

Chairman Pelster asked Traci Witthuhn to give the Republican River Coalition report.  Traci gave an update on the Friends of the River lawsuit, the Coalition financial report and upcoming events and projects of the Coalition. There will be a Nebraska Republican River Management Districts Association meeting in Imperial on February 20, 2008.

 

Jasper and the Board reviewed several Legislative bills at this time.

LB 1127 was introduced by Senator Christensen and gives authority to use the Water Resources Cash fund to pay the irrigation districts but reduces state contributions to the water cash fund in future years.

LB 1094 was introduced by Senator Carlson that the NRD’s can use the money as a loan from the Resources Development Fund to pay the irrigation districts.

The amendment to LB 1094 (AM 1808) would create and use the water contingency cash fund to pay the irrigation districts.

LB 1131 & LB 1132 was introduced by Senator Christensen. It is a clean up bill to clarify items with the occupation tax and LB 701.  These would be items that the County Treasurers and County Assessors felt should be clarified.

LB 802 was introduced by Senator Louden and would allow water to be diverted upstream during flooding conditions.

Jasper recommended to the Board to support LB 1127, testify neutral to LB 1094 and in support of amendment supportive of paying the irrigations districts but highlight that the Resources Development fund may not be the best way.  Jasper recommended to support LB 1131 and

LB 1132, and to take no position on LB 802.

Jasper has discussed with Dan Smith and Mike Clements to have Traci Witthuhn to testify on LB 1131 and LB 1132 on behalf of the Republican River Coalition.

  • Martin moved to take the position to allow testimony in support of LB 1127, neutral on LB 1094, eventually support the amendment to LB 1094, support LB 1131 and LB 1132 and to take no position on LB 802 and to support the concepts of the bills and allow Traci Witthuhn to testify on the Boards behalf. Seconded by Gaschler.

Roll call vote: 9-yes, 2-absent. Motion carried.

 

BOARD OF DIRECTORS:

Chairman Pelster announced that Election of Officers would open at this time.  Chairman Pelster turned the meeting over to Vice Chairman Martin at this time.

 

Vice Chairman Martin opened nominations for Chairman.  Tom Gaschler nominated Greg Pelster as Chairman.  Vice Chairman Martin asked for any other nominations for Chairman.

  • Large moved to close nominations for Chairman and cast a unanimous ballot for Greg Pelster.  Seconded by Schilke.

Roll call vote: 8-yes, 1-abstain, 2-absent. Motion carried.

 

Vice Chairman Martin turned the meeting back over to Chairman Pelster.

 

Chairman Pelster opened nominations for Vice Chairman.  Pelster asked for any other nominations for Vice Chairman.

  • Large moved to close nominations for Vice Chairman and to cast a unanimous ballot for Terry Martin. Seconded by Bernhardt.

Roll call vote: 8-yes, 1-abstain, 2-absent. Motion carried.

 

Chairman Pelster opened nominations for Secretary/Treasurer.  Bernhardt nominated Tom Terryberry.  Chairman Pelster asked for any other nominations for Secretary/Treasurer.

  • Large moved to close nominations for Secretary/Treasurer and to cast a unanimous ballot for Tom Terryberry. Seconded by Martin.

Roll call vote: 9-yes, 2-absent. Motion carried.

 

Chairman Pelster opened nominations for NARD delegate.  Bernhardt nominated Jeff Wallin and Schilke nominated Terry Martin.  Chairman Pelster closed nominations for NARD delegate.

Ballot vote:  Jeff Wallin 4 votes, Terry Martin 5 votes.  Terry Martin will be NARD delegate.

 

Chairman Pelster opened nominations for NARD delegate alternate.

Bernhardt nominated Jeff Wallin and Terry Martin nominated Jeff Wallin.

Chairman Pelster closed nominations.

Ballot vote:  Jeff Wallin 6 votes, Mike Mosel 3 votes.  Jeff Wallin will be NARD delegate alternate.

 

Chairman Pelster reviewed the Board Committees and asked if any Board member wanted off or on any committees. The Committees were changed as requested and Deb will provide the Board with an updated list. Chairman Pelster changed the NegCom Committee and put it back to the Executive Committee and if other Board members are interested in attending meetings with NegCom they will need to contact Deb.

 

Chairman Pelster adjourned the meeting at 9:52 p.m.    The next Regular Board meeting will be Tuesday, March 4, 2008 at the NRD Office in Imperial starting at 7:30 p.m.

 

 

                                                                        Respectfully submitted

 

 

 

                                                                        Tom Terryberry

                                                                        Secretary/Treasurer