O’Neill, Nebraska

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

The special meeting of the Board of Directors was called to order at 7:07 P.M. by Chairman Tim Knuth.

DIRECTORS PRESENT:

Scott Beckman Jerry Childers Chris Dierks Gregg Felker Curtis Gotschall

Reg Green Jerry Heithoff Ted Hughes Jim Keller Tim Knuth

Jeff Krebs Mike Russman Roy Stewart Dale Wiles

DIRECTORS ABSENT:

Jake Dvorak

STAFF PRESENT:

Dennis Schueth, General Manager

Tom Riley, Water Resources Manager

Marsha Hart, Administrative Secretary

Beth Walsh, Information & Education Coordinator

GUESTS PRESENT:

None

AGENDA:

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

MODIFICATIONS TO UENRD – RULES AND REGULATIONS:

Due to the Supreme Court decision to overturn the Lower Niobrara River Basin designation, the NDNR notified the UENRD June 30, 2011 that the designation had been reversed and the area would now fall under LB 483 legislation. LB 483 gives the UENRD 120 days to develop rules and regulations for the expansion of irrigated acres within this area. Following the last board meeting, the rules and regulations drafted by the Committee were sent in to the lawyer for recommendations. A copy of the proposed changes were reviewed by the Board. Following the review, further modifications were made and the attorney was consulted. Modifications made include the following as well as some grammatical changes:

Rule 23 revisions:

Ground Water Transfers: under section a. iii. – number 6 will be eliminated.

Rule 24 revisions:

1 (d)After December 31, 2012 for LB 483, the Upper Elkhorn NRD will allow a maximum of 2500 acres annually to be developed in the areas previously designated by the Nebraska Department of Natural Resources as fully appropriated. These areas shall include the portions previously designated in the Lower Platte River Basin and the Lower Niobrara River Basin.

1 (c) Limit the number of new permits so that total new groundwater irrigated acres do not exceed 2,500 acres annually as set forth in letter (d) below. Lands from which certified irrigated acres have been transferred are not eligible for a new certification or re-certification.

5 (b) (iii) (3) Applications not approved or without modifications will have to reapply annually with a $75.00 fee.

]It was moved by Ted Hughes and seconded by Gregg Felker to proceed with rule 23 and 24 as revised and advertise for the public hearing. AYE: Beckman, Childers, Dierks, Gotschall, Green, Heithoff, Hughes, Keller, Krebs, Stewart & Wiles. NAY: Felker, Knuth & Russman. ABSTAIN: None. ABSENT: Dvorak. MOTION CARRIED.

SETTING TIME, DATE AND LOCATION FOR PUBLIC HEARING ON RULE 23&24:

]It was moved by Curtis Gotschall and seconded by Chris Dierks to schedule the public hearing for Rule 23 & 24 of the UENRD Ground Water Management Rules and Regulations for September 12, 2011. AYE: Beckman, Childers, Dierks, Felker, Gotschall, Green, Heithoff, Hughes, Keller, Knuth, Krebs, Russman, Stewart & Wiles. NAY: None. ABSTAIN: None. ABSENT: Dvorak. MOTION CARRIED.

SELECTION OF HEARING OFFICER FOR PUBLIC HEARING:

]It was moved by Ted Hughes and seconded by Chris Dierks to appoint Gregg Felker as the Hearing Officer for the Public Hearing on September 12, 2011. AYE: Beckman, Childers, Dierks, Gotschall, Green, Heithoff, Hughes, Keller, Knuth, Krebs, Russman, Stewart & Wiles. NAY: None. ABSTAIN: Felker. ABSENT: Dvorak. MOTION CARRIED.

EXCUSED ABSENCES

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

]It was moved by Scott Beckman and seconded by Gregg Felker to adjourn at 9:15 PM. AYE: Beckman, Childers, Felker, Gotschall, Green, Heithoff, Hughes, Keller, Knuth, Krebs, Russman, Stewart & Wiles. NAY: Dierks. ABSTAIN: None. ABSENT: Dvorak. MOTION CARRIED.