O’Neill, Nebraska

CALL TO ORDER, STATEMENT OF ADVERTISEMENT AND OPEN MEETING LAW NOTIFICATION:

The regular meeting of the Board of Directors was called to order at 8:05 P.M. by Chairman Dale Wiles.

DIRECTORS PRESENT:

Chris Dierks James Dvorak Gregg Felker Reg Green Jerry Heithoff

Ted Hughes Jim Keller Tim Knuth Janet Koinzan Mike Russman

Roy Stewart Dale Wiles

DIRECTORS ABSENT:

Jerry Childers Curtis Gotschall Jeff Krebs

STAFF PRESENT:

Dennis Schueth, General Manager

Tom Riley, Water Resources Manager

Beth Walsh, Information & Education/Chemigation Coordinator

GUESTS PRESENT:

Jerry Kovarik – NRCS – O’Neill

Joel Klammer – RC&D - Bassett

AGENDA:

]It was moved by Ted Hughes and seconded by Jim Keller to approve the amended agenda. AYE: Dvorak, Felker, Green, Heithoff, Hughes, Keller, Knuth, Koinzan, Russman, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Dierks, Gotschall & Krebs. MOTION CARRIED.

MINUTES:

The minutes of the September Meeting were reviewed by the Directors. ]It was moved by Jim Keller and seconded by Roy Stewart to approve the minutes of the September Meeting. AYE: Dvorak, Felker, Green, Heithoff, Hughes, Keller, Knuth, Russman, Stewart & Wiles. NAY: None. ABSTAIN: Koinzan. ABSENT: Childers, Dierks, Gotschall & Krebs. MOTION CARRIED.

TREASURERS REPORT:

]It was moved by Jim Keller and seconded by Mike Russman to approve the September Treasurers Report. AYE: Dvorak, Felker, Green, Heithoff, Hughes, Keller, Knuth, Koinzan, Russman, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Dierks, Gotschall & Krebs. MOTION CARRIED.

PUBLIC FORUM-INPUT:

None

AGENCY & STAFF REPORTS:

NARD Report: Ted Hughes reported that they met following the conference. Election of officers was held due to the resignation of Dan Steinkruger. He reviewed the status of the NARD insurance program and its finances. The benefits committee reviewed the retirement program and made some changes to the stock investments based on recommendations from Mark Giest, UBS Company. Dennis Schueth reviewed the final outcome on the resolutions.

DNR Report: No Report.

NRCS Report: Jerry Kovarik reported that they have been busy working on CSP sign ups. He discussed the Cooperative Partner Agreement which is a result of the privacy act for USDA. In order to maintain our working relationship with NRCS the District will need to approve the agreement. ]It was moved by Jim Keller and seconded by Chris Dierks to have the Chairman sign the Cooperative Partner Agreement. AYE: Dierks, Dvorak, Felker, Green, Heithoff, Hughes, Keller, Knuth, Koinzan, Russman, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Gotschall & Krebs. MOTION CARRIED.

RC&D Report:

North Central RC&D: Minutes were included in the Director packets.

Loup Basin RC&D: Minutes were included in the Director packets.

Northeast RC&D: Minutes were included in the Director packets.

Information & Education Report: Beth Walsh’s report was mailed out in the Director’s packets. Beth passed around the NRCS annual report from conference for those Directors who did not attend.

Water Resources Report: Tom Riley’s report was mailed out in the Director’s packets. Tom reported that they have finished water sampling and are receiving and entering the results into the database. They have been pumping monitoring wells and will be starting static water measurements. Tom also reported on the aquifer test being performed up by Johnstown.

EBVC Update: Dennis Schueth reported that they are in the process of working on the quarterly report for DEQ.

ELM: Dennis Schueth reported that they are still discussing the phase 2 third party review and the tangibles DNR would like from phase 3. They are also discussing how a third party review would be funded.

EXCUSED ABSENCES:

]It was moved by Chris Dierks and seconded by Tim Knuth to excuse the absence of Jerry Childers, Curtis Gotschall and Jeff Krebs. AYE: Dierks, Dvorak, Felker, Green, Heithoff, Hughes, Keller, Knuth, Koinzan, Russman, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Gotschall & Krebs. MOTION CARRIED.

COMMITTEE REPORTS:

Legislative, Budget and Finance Committee: The Legislative, Finance and Planning Committee met prior to the Board meeting and reviewed the current bills. ]It was moved by Reg Green and seconded by Mike Russman to approve the current bills for payment. AYE: Dierks, Dvorak, Felker, Green, Heithoff, Hughes, Keller, Knuth, Koinzan, Russman, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Gotschall & Krebs. MOTION CARRIED. The Committee also reviewed a cost share application. ]It was moved by Reg Green and seconded by Roy Stewart to approve the cost share application pending funding. AYE: Dierks, Dvorak, Felker, Green, Heithoff, Hughes, Keller, Knuth, Koinzan, Russman, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Gotschall & Krebs. MOTION CARRIED. Dennis Schueth explained the 457 resolution from the NARD. The resolution is designed to make the 414 (h) and 457 retirement plans equal for employee participation. ]It was moved by Reg Green and seconded by Ted Hughes to adopt the 457 resolution. AYE: Dierks, Dvorak, Felker, Green, Heithoff, Hughes, Keller, Knuth, Koinzan, Russman, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Childers, Gotschall & Krebs. MOTION CARRIED.

Water Resources & Watershed Committee:

GWMP, Rules & Regulations Update: Gregg Felker reported that since the LB 483 Rules and Regulations have been completed that the Committee will begin working again on the Groundwater Management Plan Rules and Regulations in the upcoming months.

Suggestions to Ranking of LB 483 Rules and Regulations: The Committee reviewed the current list of applications and discussed how the approval process should be conducted. ]It was moved by Greg Felker and seconded by Jim Keller that if 2700 acres or less of irrigated acre expansions are applied for than the UENRD staff can approve an average of 2500 acres; however, if more than 2700 acres are applied for then the board will meet on November 9, 2009 to approve approximately 2500 acres of irrigated expansion. AYE: Felker, Green, Heithoff, Hughes, Keller, Russman, Stewart & Wiles. NAY: Dierks, Dvorak, Knuth & Koinzan. ABSTAIN: None. ABSENT: Childers, Gotschall & Krebs. MOTION CARRIED.

COALITION/TASK FORCE UPDATE:

Nebraska Habitat Conservation Coalition (Piping Plover): No Report.

Nebraska Ground Water Management Coalition: No Report.

LOWER PLATTE BASIN COALITION MEETINGS: No Report.

NIOBRARA RIVER BASIN FULLY APPROPRIATED DESIGNATION – ACTION:

Dennis Schueth handed out a resolution drafted by the NG&P regarding instream flow on the Niobrara River for the Directors information. He believes several issues will need to be resolved before Brian Dunnigan, DNR, will make a determination.

ADMINISTRATIVE REPORT:

Dennis Schueth’s report was mailed out to the directors prior to the board meeting in their packets. A copy is included with the official copy of the minutes in the office. Dennis updated the Directors on the public hearings regarding LR 128 and LR 181. Dennis also handed out information on the upcoming GMDA meeting and the Nebraska State Irrigation Association & Nebraska Water Resources Association meeting. Please contact the office if you are interested in either one of these meetings.

The next Board Meeting will be held November 23, 2009 at 2:30 PM with Committee meetings beginning at 1:30 PM.

There being no further business to come before the Board, the meeting was adjourned at 9:45 P.M.

I, the undersigned Secretary of the Upper Elkhorn Natural Resources District hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Board of Directors on October 26, 2009 that all of the subjects included in the foregoing proceedings were contained in the agenda for at least twenty-four hours prior to said meeting, the minutes of the Chairman and the Board were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body, that all news media requesting notification of the time and place of said meeting and the subjects to be discussed at said meeting.

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Gregg Felker, Secretary/Treasurer