UPPER ELKHORN NATURAL RESOURCES DISTRICT

BOARD OF DIRECTORS MEETING

October 22, 2007 -- 8:00 P.M.

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 8:04 P.M. by Chairman Jerry Heithoff.

 

DIRECTORS PRESENT:

Jerry Childers               Chris Dierks             James Dvorak             Reg Green               Ted Hughes

Jim Keller                    Tim Knuth                Janet Koinzan              Jeff Krebs                 Mike Russman

Dale Wiles

           

DIRECTORS ABSENT:    

Gregg Felker                Curtis Gotschall         Janet Koinzan            Roy Stewart

 

STAFF PRESENT:

Dennis Schueth, General Manager

Beth Walsh, Information & Education/Chemigation Coordinator

Marsha Hart, Administrative Secretary

 

GUESTS PRESENT:

None               

 

AGENDA:

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

 

MINUTES:

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

 

TREASURERS REPORT:

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

 

AGENCY & STAFF REPORTS:

NARD Report:  Ted Hughes reported on the NARD Board meeting and committee meetings held during the past month.  They reviewed the auditors report; Ted noted the insurance program figures, which are very positive compared to last year; he explained a couple of the income accounts; and, reported that Dean Edson would be attending the NWRA Conference in Albuquerque NM where the Association will be receiving an award for its intern program.  Ted also updated the Board on the lawsuit, which has been filed against the Association in Nebraska regarding the insurance program.  

 

DNR Report:  Garry Anderson e-mailed his report and copies were distributed to the Board.  Dennis Schueth reviewed the discussion regarding the Leigh dam and obligated Resource Development Funds that have not been spent.  He noted that the RDF balance could be viewed as unused funds by the legislature. 

 

NRCS Report:  No Report.  

 

RC&D Report:

North Central RC&D:  No Report.     

Loup Basin RC&D:  Chris Dierks mentioned the Happy Jack Chalk Mine festivities surrounding Halloween. 

Northeast RC&D:  No Report.

 

Information & Education Report:  Beth Walsh’s report was mailed out in the Director’s packets.   

 

Water Resources Report:  Tylr Naprstek’s report was mailed out in the Director’s packets. 

 

EBVC Update:  Dennis Schueth reported that Phil Steinkamp and Marsha Hart are working on the program reimbursements.  

 

ELM:  Dennis Schueth reported that the ELM Committee met and interviewed 2 individuals for the coordinators position.  It would seem that the salary and benefits package is not competitive enough for these individuals to consider leaving their current positions; however, there is one applicant they are negotiating with for the position.  Dennis also updated the group on the project and the modeling.  The order of modeling for the basins was Loup, Elkhorn and Niobrara; however, they did not expect a portion of the Niobrara basin to be labeled fully appropriated this soon. 

 

Husker Ag & Plot Tour (September 27):  Directors attending the tour gave a brief summary of their thoughts.  Items discussed regarding the plot tour included whether or not the District needed to continue funding nitrogen management demonstrations at the conclusion of the current study; and, possibly studying nitrogen management on a different soil type.  The Husker Ag tour brought about a discussion on water usage by ethanol plants and whether or not they should have a flowmeter.  

 

EXCUSED ABSENCES:

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

 

Water Resources & Watershed Committee: 

DNR Preliminary Basin Review (Draft):  Dennis Schueth reported that the District received a certified letter from the Department of Natural Resources explaining the Niobrara preliminary fully appropriated designation, which effects a portion of the UENRD.  No more well permits or expansion of irrigated acres can be issued in the designated area of the UENRD.  Dennis passed out a map of the area and explained the reasoning behind including this area.  Any section in which the Elkhorn River passes through is considered to be fully appropriated; however, there are some sections that it does not appear the river passes through.  These sections will be requested to be removed in the UENRD testimony at the hearing held by DNR. 

UENRD Well Permit Restrictions-Language:  Dale Wiles and Dennis Schueth presented a handout with some suggestions to the wording on the UENRD well permits.  There has been some concern expressed regarding the intent of this wording if the UENRD becomes fully appropriated and that there may need to be a change.  After a lengthy discussion there was no action taken by the Board. 

  

U S Department of the Interior Joint Funding (Stream Gauge – Ewing):  Dennis Schueth has received the interlocal agreement from the U S Department of the Interior U S Geological Survey regarding the stream gage at Ewing. 

]It was moved by Ted Hughes and seconded by Jim Keller to approve the interlocal agreement between the U S Department of the Interior and the Upper Elkhorn NRD for the stream gage at Ewing.  AYE:  Childers, Dierks, Dvorak, Green, Heithoff, Hughes, Keller, Knuth, Krebs, Russman & Wiles.  NAY:  None.  ABSTAIN:  None.  ABSENT:  Felker, Gotschall, Koinzan & Stewart.  MOTION CARRIED. 

October 17 Meeting Update:  The Committee is still reviewing the NRD groundwater management plan.  The remainder of the items from the meeting were discussed under other agenda items. 

 

USGS-AGE DATING COST:

Dennis Schueth spoke with Greg Steele regarding the age dating information collected approximately four years ago within the UENRD.  Originally, UENRD staff was going to analyze this data and develop a report; however, there has been a change since these arrangements were considered.  USGS is now offering their services to generate this report.  It was the consensus of the Board at this time not to pursue the report. 

 

NGPC-BIOLOGICAL OPINION-PLATTE RIVER (FULLY-APPROPRIATED STATUS) REQUEST TO DNR:

Dennis Schueth handed out information relating to the DNR preliminary determination as it relates to the Elkhorn River Basin; statute 46-713 (3c); NGPC request to DNR; the NGPC Biological Opinion of the pallid sturgeon, piping plover and least terns; and, the summary of the PS/SC report.  Dennis explained that the NGPC has requested a hearing from DNR regarding why the Platte River Basin was not labeled fully appropriated and offered a biological opinion for their consideration.  The Board reviewed the information and Dennis reported that the PS/SC Task Force would be meeting on October 23, which may offer more insight to the issue.  ]It was moved by Tim Knuth and seconded by Dale Wiles to allow UENRD staff to work with other organizations and enter into any agreements with other interested parties to review the NGPC biological opinion and to develop any necessary responses to the biological opinion or decision made by DNR that may label the basin fully appropriated.  Expenses should not exceed $5000.  AYE:  Childers, Dierks, Dvorak, Green, Heithoff, Hughes, Keller, Knuth, Krebs, Russman & Wiles.  NAY:  None.  ABSTAIN:  None.  ABSENT:  Felker, Gotschall, Koinzan & Stewart.  MOTION CARRIED.

 

ROYAL ZOO:

Reg Green reported that the zoo in Royal has been closed since May do to a delay by the USDA in renewing their license.  Since that time the Dept of Ag is still determining a penalty for the unfortunate situation that occurred with the escape of the chimps.  Do to all the uncertainty Zoo Nebraska and Northern Antelope County are suffering economically.  ]It was moved by Reg Green and seconded by Ted Hughes to approve to send a letter to the U S Department of Agriculture requesting that the Zoo Nebraska in Royal licensing issues be resolved.  AYE:  Childers, Dierks, Green, Heithoff, Hughes, Keller, Knuth, Krebs, Russman & Wiles.  NAY:  Dvorak.  ABSTAIN:  None.  ABSENT:  Felker, Gotschall, Koinzan & Stewart.  MOTION CARRIED.

 

COALITION/TASK FORCE UPDATE:

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

Pallid Sturgeon/Sturgeon Chub Task Force:  Meeting October 23.

Nebraska Ground Water Management Coalition:  No Report.

Water Policy Task Force:  Meeting October 22.    

 

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 reported on a drainage problem in the Chambers area and the Demonstration being held in Meadville on October 24. 

 

The next Board Meeting will be held November 26, 2007 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 10:12 P.M.