Upper
Republican Natural Resources District
Board of
Directors Regular Meeting
April 1, 2008
at 7:30 p.m.
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, Mike Mosel, Tim Schilke, Mick
Strand, Tom Terryberry and Jeff Wallin.
Board Members Absent: Greg Pelster.
NRD Staff: Jasper Fanning, Dirk Dinnel and
Deb Hayes.
NRD Legal Counsel: Joel Burke.
Others present: Nadine Bishop, Traci
Witthuhn, Stan Loeffler, Gerald Coates, Bill Pump and Delbert Bussell.
Information mailed to
Directors:
Report
of District applications, contracts and agreements
NSWCP
summary Dissolve
pool information
Transfer
application Pooling
contracts
Expedited
transfer applications BELF
pooling contracts
Information distributed at
Board meeting:
Agenda Report of District applications/contracts
Minutes
of March 4, 2008 Regular Board meeting Republican
River Coalition report
Financial
reports Maps
from Miller & Associates
NRCS
report Letter
for LB 1094 request of funds
Vice
Chairman Martin called the meeting to order at 7:30 p.m.
Vice
Chairman Martin announced that the Open Meetings Act is posted by the door if
anyone would like to review it.
OPEN FORUMS:
Guests,
NRCS staff, Board members and NRD staff were introduced.
Vice
Chairman Martin reported that Greg Pelster is excused from tonight’s meeting
and also wanted the record to show the Greg Pelster was excused from the March
4, 2008 Board meeting.
There
were no comments during the open comment period.
MINUTES:
Vice
Chairman Martin noted the two corrections on the March 4, 2008 minutes. On page
2 under the NRCS report in the sentence referring to drop nozzle package it
should read they. On page 3 under Republican River meeting report the minutes
that were sent out read Compact meeting and they have been corrected to read
NeRRMDA meeting.
Ø Terryberry moved to approve
the minutes of the March 4, 2008 Regular Board meeting as corrected. Seconded
by Gaschler.
Roll
call vote: 7-yes, 4-absent. Motion carried.
Tim
Schilke arrived at 7: 36 p.m.
FINANCIAL REPORT:
The
Manager presented the Financial Reports to the Board.
Ø Terryberry moved to pay the
Accounts Payable and to accept the Treasurer’s report. Seconded by Gaschler.
Roll
call vote: 8-yes, 3-absent. Motion carried.
Jeff
Wallin arrived at 7:40 p.m.
Mike
Mosel arrived at 7:42 p.m.
NRCS REPORT:
Nadine
Bishop gave the NRCS report. Nadine gave a 2008 update and historic information
on the EQIP program.
Ø Terryberry moved to approve
the NRCS planning report dated April 1, 2008 to include the Conservation Plans
as signed for Chase and Dundy County. Seconded by Large.
Roll
call vote: 8-yes, 2-abstain, 1-absent. Motion carried.
Voting
yes: Bernhardt, Gaschler, Gengenbach, Large, Martin, Strand, Terryberry and
Wallin. Abstain: Mosel and Schilke. Absent: Pelster.
The
Board, Manager and Nadine reviewed the NSWCP practices and the recommended
changes. The biggest change is the maximum amount from $5000 to $7500 in a
fiscal year. There are few changes in the deadlines and on irrigation water
management first priority would be given to cooperators who agree to remove end
guns on land located in the quick response area.
Ø Mosel moved to approve the
NSWCP practices with the proposed changes and to include making the quick
response area as a priority. Seconded by Bernhardt.
Roll
call vote: 10-yes, 1-absent. Motion carried.
GROUNDWATER MANAGEMENT/RULES
AND REGULATIONS:
The
Groundwater Control Committee reviewed the transfer application of Marvin
Stumpf. Mr. Stumpf would like to
transfer 7.2 acres from the E ½ of Section 11-11-38 to the NW ¼ of Section
17-10-38 in Perkins County. This
transfer is more then 6 miles and doesn’t fall in to the expedited transfer
rule. The Groundwater Committee reviewed
the application and felt it should be acted on at the May 6, 2008 Regular Board
meeting.
Ø Large moved to accept the
transfer application of Marvin Stumpf and will review and act on it at the May
6, 2008 Regular Board meeting. Seconded by Strand.
Discussion.
Roll
call vote: 10-yes, 1-absent. Motion carried.
REPORT OF DISTRICT
APPLICATIONS, CONTRACTS AND AGREEMENTS:
The
Board reviewed the report of District Applications, contracts and agreements
and also reviewed the application and contracts that were not on the first report
that was sent out.
Ø Terryberry moved to approve
the Report of District applications, contracts and agreements dated April 1,
2008 and also approve the District applications marked not on report. Seconded
by Mosel.
Roll
call vote: 8-yes, 2-abstain, 1-absent. Motion carried.
Voting
yes: Bernhardt, Gaschler, Gengenbach, Large, Martin, Mosel, Strand and
Terryberry. Abstain: Schilke and Wallin. Absent: Pelster.
REPUBLICAN RIVER BASIN MEETING/COMPACT
REPORT:
Jasper
attended the Compact meeting on March 11th & 12th in
Kansas City. Nebraska provided
information to Kansas and Colorado on our IMP’s that explained how that would
get Nebraska into compliance with the compact.
Colorado asked that their augmentation plans be added to the agenda so
that information would be before the compact administration. Nebraska requested that their accounting
disputes be added to the agenda as well. There were several Administration
meetings and several side bar meetings between the states. Colorado had a new
commissioner and Kansas needed information from Nebraska and Colorado and
Nebraska needed more information from Kansas on their remedy on damages Kansas
was alleging and Nebraska wanted to know how they proposed the alleged damages
should be calculated or by what method they should be calculated. The States
agreed to step back and instead of going to immediately into arbitration that
the states agreed to set a time frame of one week to get questions the wanted
answered to the other states and then those states would have two weeks for
answers and one week to review prior to a special meeting of compact
administration. Then they will review the progress that is being made and hope
to have the resolutions reached by the end of May.
LEGAL COUNSEL REPORT:
Joel
Burke had nothing to report this evening.
There is still no ruling from District Court on the Friends of the River
lawsuit.
MANAGER’S REPORT:
Traci
Witthuhn gave the Republican River Basin Coalition report. Traci reviewed the Coalitions financial
statements with the Board. Traci also
reviewed LB 1094 which passed final reading yesterday. The upcoming events for the Coalition are the
Compact Administration meetings scheduled in April and May and also on May 19th
there is a NeRRMDA meeting scheduled in Curtis.
Traci reviewed the Interrelated Water Management Plan Program funds
applications that were submitted yesterday. The website is finished and Traci
is currently working on a fact sheet for the NRD. Jasper also reviewed the
grant applications with the Board. Kerry
Bernhardt asked questions on augmentation wells. Jasper reviewed the
augmentation map handouts with the Board.
Jasper
reviewed LB 1094 with the Board. It was signed today by the Governor and will
go into affect tomorrow. This will allow the NRD’s to use the contingency cash
fund to pay the surface water irrigators and then we will need to pay this
money back. When the pending litigation is settled then the NRD’s will have 15
days to pay this money back and if the courts do not decide in the NRD’s favor
then the Legislature would authorize other means to pay that back. The NRD’s
will have five days to request funds from the state and each NRD will need to
file their own request for the funding.
Jasper read the Memorandum of Agreement between URNRD and NDNR.
Ø Terryberry moved to request
the funds related to LB 1094 and approve the Memorandum of Agreement between
the District and the Nebraska Department of Natural Resources. Seconded by
Gaschler.
Roll
call vote: 10-yes, 1-absent. Motion carried.
Jasper
reviewed the policy for consideration with the Board. This policy would authorize the Manager or
other representative designated by the Board to negotiate on behalf of the
District for the acquisition, by purchase or lease, for the rights to use water
both surface water and ground water. There would be no final agreements without
approval of the Board of Directors.
Ø Large moved to allow the
Manager and Executive Committee to enter into discussions or negotiations on
behalf of the NRD. Seconded by Schilke.
Discussion.
Roll
call vote: 10-yes, 1-absent. Motion carried.
The
Board directed the Manager and Legal Counsel to review the policy and make the
necessary amendments that were discussed tonight.
Jasper
met this evening with the building committee to discuss the furnishing budget
for the new building. They discussed new
desks, board room chairs and tables and some file cabinets. Jasper has received information from three
vendors for furnishings. The vendors will need some time to get furnishing made
or ordered so the Board may need to start reviewing bids within the next couple
of month. The construction crew hopes to
start Monday on the new building with their full crew.
Ø Terryberry moved to approve
a budget of $40,000 to furnish the building and board room. Seconded by Mosel.
Discussion.
Roll
call vote: 9-yes, 1-no, 1-absent. Motion carried.
Voting
yes: Bernhardt, Gaschler, Large, Martin, Mosel, Gengenbach, Schilke, Strand and
Terryberry. Voting no: Wallin. Absent: Pelster.
INFORMATON AND EDUCATION:
Terry
Martin reported that the Tecker Family was presented the Honor Family award
Saturday at the Ducks Unlimited Banquet in Benkelman.
Jasper
reported that they are working on a fact sheet and will start working on the District
newsletter.
BOARD OF DIRECTORS:
Mike
Mosel discussed that the Manager should check the risk assessment on the
arrears and omissions since we are signing an interest free loan with the
State. Also since the Board is giving Jasper and the Executive Committee
special authority we may check the risks with this. Also to check into NPAIT investments and are
there any risks with this.
The
Board felt there was good information presented at the Board retreat that was
held in North Platte.
Vice
Chairman Martin adjourned the meeting at 9:45 p.m. The next Regular Board meeting will be
Tuesday, May 6, 2008 at the NRD Office in Imperial starting at 7:30 p.m.
Respectfully
submitted
Tom Terryberry
Secretary/Treasurer