Upper
Republican Natural Resources District
Board of
Directors Special Meeting
December 20, 2007 at 2:00
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, Greg Pelster,
Tim Schilke, Mick Strand, Tom Terryberry and Jeff Wallin.
NRD Staff: Jasper Fanning, Dirk Dinnel
and Deb Hayes.
NRD Legal Counsel: Joel Burke.
Others present: Gerald Coates, Stan
Loeffler, Jean Brandt, Steven Grams.
Information distributed at
Board meeting:
Agenda
Letter
from Ann Bleed
Draft
copy of Order No. 29
Chairman
Pelster announced that the Open Meetings Act is posted by the door if anyone
would like to review it.
Chairman
Pelster called the meeting to order at 2:03 p.m.
OPEN FORUMS:
Guests,
Board members and NRD staff were introduced.
Mike
Mosel arrived at 2:11 p.m.
INTEGRATED MANAGEMENT PLAN:
Jasper
reported on the letter that Dave Barfield, Kansas State Engineer, sent to Ann
Bleed, Director of Nebraska Department of Resources. The letter basically laid
out what Kansas felt was a remedy for Nebraska exceeding its allocation under
the compact for the water short year determination 2005-2006. The letter stated
what Kansas felt Nebraska should do to come into compliance with the compact.
Since the letter was sent and press releases issued by both States Jasper has
had several discussion with the State and the other NRD’s to figure out how to
proceed.
Jasper
has received a letter from Ann Bleed regarding the LB 701 lawsuit and the
negative impact on the NRD’s ability to implement the proposed IMP. The State
would like to be able to respond that the NRD’s have adopted the proposed
IMP’s. One issue of waiting to adopt the IMP is you have 60 days to adopt the
IMP after you hold your hearing. By the January Board meeting we would be over
the 60 days and would need to hold another hearing to adopt the IMP.
The
litigation on LB 0701 hearing is set for the early part of January. The Plaintiffs, Attorney General’s office and
Don Blankenau are taking a fairly fast approach to agree to the stipulated
facts and submitting briefs and responses to these briefs.
Jeff
Wallin asked if there was anything in place in collecting the occupation tax.
The funds will be collected and disbursed just like property taxes. If the tax is not paid then the NRD could put
a lien against the property. Jasper also explained to the Board that the tax
was based on Assessor’s acres and certified irrigated acres. There will need to
be a process of correcting some of these errors.
v Large moved to adopt the IMP
as presented and also to enter into the record the letter from Ann Bleed, DNR,
dated December 19, 2007. Seconded by Gaschler.
Roll
call vote: 11-yes. Motion carried.
GROUNDWATER MANAGEMENT AREA
RULES AND REGULATIONS:
The
Groundwater Committee, Dirk and Jasper have been reviewing the possible changes
to the Groundwater Management Rules and Regulations for Order NO. 29.
The
Board, Dirk and Jasper went through the draft rule changes and reviewed all
these changes.
v Large moved to present the
Rules and Regulations as amended on December 20, 2007 for public hearing.
Seconded by Martin.
Roll
call vote: 11-yes. Motion carried.
Jasper
discussed with the Board that the Rules and Regulations, Order No. 28, will
expire on December 31, 2007 so this order will need to be extended until the
next Order is adopted.
v Large moved to extend Order
No. 28 until adoption of the next order. Seconded by Bernhardt.
Roll
call vote: 11-yes. Motion carried.
Chairman
Pelster adjourned the meeting at 3:34 p.m.
Respectfully
submitted
Tom
Terryberry
Secretary/Treasurer