UPPER ELKHORN NATURAL RESOURCES DISTRICT
BOARD OF DIRECTORS MEETING
April 26, 2010
O’Neill, Nebraska
CALL TO ORDER:
The regular meeting of the Board of Directors was called to order, statement of advertisement and open meeting law posting were all noted at 8:10 P.M. by Chairman Tim Knuth.
DIRECTORS PRESENT:
James Dvorak Gregg Felker Reg Green Jerry Heithoff Ted Hughes
Tim Knuth Janet Koinzan Roy Stewart Dale Wiles
DIRECTORS ABSENT:
Jerry Childers Chris Dierks Curtis Gotschall Jim Keller Jeff Krebs
Mike Russman
STAFF PRESENT:
Dennis Schueth, General Manager
Beth Walsh, Information & Education Coordinator
Tom Riley, Water Resources Manager
Marsha Hart, Administrative Secretary
GUESTS PRESENT:
Jerry Kovarik, NRCS, O’Neill
Senator Kate Sullivan, Cedar Rapids
ADOPTION OF AGENDA:
]It was moved by Gregg Felker and seconded by Dale Wiles to adopt the amended agenda. AYE: Dvorak, Felker, Green, Heithoff, Hughes, Knuth, Koinzan, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Dierks, Gotschall, Keller, Krebs & Russman. MOTION CARRIED.
SENATOR KATE SULLIVAN:
Senator Kate Sullivan attended the board meeting to report on the 2010 legislative session and Nebraska’s budget concerns. The Senator explained that in this legislative session, 196 bills were approved with no new funding being allocated. When talking about Nebraska’s budget, she reported that the state could be facing a $650 million dollar shortfall. They are estimating a 7% growth in receipts and a 10% growth in expenditures which will not allow for a balanced budget. Senator Sullivan explained that the Senate passed a legislative resolution which would form standing committees and an executive committee to review programs within each state agency under their subject matter for possible reduction or elimination of programs or services in an effort to manage the budget concerns. However, they are watching their budget cuts so as not to increase the burden on property taxes. Dennis Schueth highlighted some of the districts operations with the Senator. He touched on the budget, programs, ELM study, Conservation & Survey Division in Nebraska and recent developments with a business in our area due to federal agencies and their involvement with state issues. The group also discussed urban versus rural representation in the legislature. Senator Sullivan explained that for the most part urban senators will defer to the rural senators when there are water or ag related issues for explanation. She also mentioned that the urban senators do realize the importance of agriculture to the state of Nebraska.
MINUTES - MARCH BOARD MEETING:
The minutes of the March Meeting were reviewed by the Directors. [It was moved by Gregg Felker and seconded by Ted Hughes to approve the minutes of the March Meeting. AYE: Dvorak, Felker, Heithoff, Hughes, Knuth, Koinzan, Stewart & Wiles. NAY: None. ABSTAIN: Green. ABSENT: Childers, Dierks, Gotschall, Keller, Krebs & Russman. MOTION CARRIED.
TREASURERS REPORT:
The March treasurers report was reviewed by the Directors. [It was moved by Reg Green and seconded by Janet Koinzan to approve the March Treasurers Report. AYE: Dvorak, Felker, Green, Heithoff, Hughes, Knuth, Koinzan, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Dierks, Gotschall, Keller, Krebs & Russman. MOTION CARRIED.
MINUTES – APRIL 14, SPECIAL BOARD MEETING:
The minutes of the April 14 Special Board Meeting were reviewed by the Directors. [It was moved by Dale Wiles and seconded by Ted Hughes to approve the minutes of the April 14 Meeting. AYE: Dvorak, Green, Heithoff, Hughes, Knuth, Koinzan & Wiles. NAY: None. ABSTAIN: Felker & Stewart. ABSENT: Childers, Dierks, Gotschall, Keller, Krebs & Russman. MOTION CARRIED.
LANDOWNERS OF FAIRNESS – ERNIE FELLOWS; KEYSTONE XL PIPELINE:
No one attended to speak on this issue.
PUBLIC FORUM:
LB 483 & Fully Appropriated-Designations Impacts: Dennis Schueth explained a situation with a cooperator in the Niobrara fully appropriated area. This cooperator stopped in to let the district know that he is shutting down one aspect of his irrigation system to irrigate corners in another area. Staff will be looking into this situation.
AGENCY & STAFF REPORTS:
NARD Report: Ted Hughes reported that he was unable to attend the last NARD board meeting but did attend the Benefits Committee meeting held April 20. He reported that the committee had two appeals to review regarding the health insurance, both were declined.
DNR Report: No Report.
NRCS Report: Jerry Kovarik reported that their offices have been busy completing their mid-year performance reviews, the EQIP ranking and the CRP Safe program. Jerry has mailed out the Cooperative Working Agreement, Memorandum of Understanding and the Mutual Agreement. Please let him know if there are any questions.
RC&D Report:
North Central RC&D: Reports were forwarded to the Directors.
Loup Basin RC&D: Reports were forwarded to the Directors.
Northeast RC&D: Reports were forwarded to the Directors.
Information & Education Report: Beth Walsh’s report was mailed out in the Directors packets.
Water Resources Report: Tylr Riley’s report was mailed out in the Directors packets. Tom highlighted the static water level map handed out at the board meeting. He also commented on the elevation measuring of the monitoring wells; nitrogen certification classes; well permits; and, updated the Board on the transducers for the monitoring wells. Tom also reported on the question raised last month regarding the affects of barometric pressure on wells. He found that the best chance of measuring affects of barometric pressure on well readings would be in confined aquifer situations.
East Branch Verdigris Creek: Dennis Schueth reported that Phil Steinkamp is putting together a report showing the conservation practices implemented in the East Branch Verdigris Creek area.
ELM Update: This update was addressed during the Water Resources and Watershed committee report.
EXCUSED ABSENCES:
[It was moved by James Dvorak and seconded by Ted Hughes to excuse the absence of Jerry Childers, Chris Dierks, Curtis Gotschall, Jim Keller, Jeff Krebs & Mike Russman. AYE: Dvorak, Felker, Green, Heithoff, Hughes, Knuth, Koinzan, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Dierks, Gotschall, Keller, Krebs & Russman. MOTION CARRIED.
GMDA CONFERENCE, JUNE 6-8 LITTLE ROCK ARKANSAS:
[It was moved by Gregg Felker and seconded by Jerry Heithoff to approve the registration of Janet Koinzan and Tom Riley for the GMDA conference in Little Rock, Arkansas. AYE: Dvorak, Felker, Green, Heithoff, Hughes, Knuth, Koinzan, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Dierks, Gotschall, Keller, Krebs & Russman. MOTION CARRIED.
COMMITTEE REPORTS:
Legislative, Finance and Planning Committee: The committee met prior to the board meeting to review the current bills. [It was moved by Reg Green and seconded by Roy Stewart to approve the current bills for payment. AYE: Dvorak, Felker, Green, Heithoff, Hughes, Knuth, Koinzan, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Dierks, Gotschall, Keller, Krebs & Russman. MOTION CARRIED.
Water Resources and Watershed Committee: The Committee met prior to the board meeting and discussed phase 2 of the ELM report. The questions sent in by the NRDs after reviewing the report have not seemed to be fully addressed. They discussed whether or not to continue with phase 3 and having a third party review conducted. [It was moved by Dale Wiles and seconded by Janet Koinzan to continue participation in the ELM project phase 3 with funding up to $15,000. AYE: Felker, Heithoff, Hughes, Knuth, Koinzan, Stewart & Wiles. NAY: Dvorak & Green. ABSTAIN: None. ABSENT: Childers, Dierks, Gotschall, Keller, Krebs & Russman. MOTION CARRIED.
Dennis Schueth reported that the final draft of the GWMP Rules and Regulations has been handed out. The next step would be having it reviewed. [It was moved by Janet Koinzan and seconded by Jerry Heithoff to have DNR review the draft GWMP Rules and Regulations for general comments. AYE: Dvorak, Felker, Green, Heithoff, Hughes, Knuth, Koinzan, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Dierks, Gotschall, Keller, Krebs & Russman. MOTION CARRIED. Dennis also reported that he would like to meet with the GIS Workgroup in Lincoln to discuss a proposal to develop a database that encompasses acre certification, water results, chemigation etc.
Personnel, Equipment, Promotion & Education Committee: Ted Hughes reported that the Committee met prior to the board meeting. The Committee discussed the outdoor classroom request from the LEAP Christ Lutheran Preschool. [It was moved by Ted Hughes and seconded by James Dvorak to approve up to $200 for landscape materials for the project. AYE: Dvorak, Green, Heithoff, Hughes, Knuth, Koinzan, Stewart & Wiles. NAY: None. ABSTAIN: Felker. ABSENT: Childers, Dierks, Gotschall, Keller, Krebs & Russman. MOTION CARRIED. The Committee reviewed Senior Scholarship applications. [It was moved by Ted Hughes and seconded by James Dvorak to award Senior Scholarships to Steven Dvorak from West Holt High School, Reah Green from Creighton High School, Joe Dugan from O’Neill St. Mary’s; and, Matthew Melcher from Orchard High School as the alternate. AYE: Dvorak, Felker, Green, Heithoff, Hughes, Knuth, Koinzan, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Dierks, Gotschall, Keller, Krebs & Russman. MOTION CARRIED.
COALITION/TASK FORCE UPDATE:
Nebraska Habitat Conservation Coalition (Piping Plover): Minutes were included in mailing.
Nebraska Ground Water Management Protection Act Coalition: No Report.
Lower Platte Basin Coalition Meetings: The Coalition met on April 14th with NGPC. Since the passage of LB 764 they would like to be involved in the process of NRDs voluntarily developing their IMP’s. NG&P and USFWS would like to assist in developing how offsets/water banking or the tracking of water for such projects occurs in an IMP. The “Draft Lower Platte River Programmatic Agreement” was included in the packet mailing for the Directors review. Currently, the NGPC/USFWS are consulting on 20 applications that may have an impact on the endangered species. Some of the issues the Lower Platte Basin Coalition is concerned with in the agreement are the thresholds for the endangered species, water for water, references to the IMP and offsets for everything. We may not agree with these issues but currently the NGPC is consulting with the DNR on these types of applications as they have in the past and the districts have no input. Some of members of the coalition think that the Programmatic Agreement (PA) should be separate from the IMP. Members of the Coalition commented that we needed to go back to our respectful boards to discuss this issue. The NGPC would like to have voluntary IMP’s prior to LB483 sunset in December, 2012. It appears that USFWS is playing a bigger role in groundwater and surface water issues. If NGPC is utilizing the threshold flows outlined in Dr. Peter’s report then offsets may need to be made.
NIOBRARA RIVER BASIN FULLY APPROPRIATED DESIGNATION - ACTION:
Dennis Schueth reported that this issue is moving slowly through the court system. The 8th District Court has overturned the US District Court and will allow cooperators the opportunity to be heard regarding DNR’s decision to shut off their surface water pumps two years ago. There is no indication at this time as to how this might impact the challenge.
ADMINISTRATIVE REPORT: Dennis Schueth’s report was mailed out in the Director’s packets. A copy is included with the official copy of the minutes in the office. Dennis’ report was covered under the other agenda items.
There is a meeting scheduled for May 18 in Valentine at the Cedar Canyon Motel. The meeting is Valuing Out-of-Stream Water Uses in the Niobrara Basin.
The next regular board meeting will be held Monday May 24, 2010.
There being no further business to come before the Board, the meeting was adjourned at 10:22 P.M.