CPNRD Board Meeting Minutes             
The NRD abides by the Open Meetings Act in conducting business.  
A copy of the Open Meetings Act is displayed on the south wall of the NRD conference room. 

Minutes for September 2009 - January 2007

September 24, 2009
CALL TO ORDER: Chairman Barry Obermiller called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  ATTENDANCE:  Board members present were: Jim Bendfeldt, Dick Mercer, Jim Shiers
, Mike Dobesh, Barry Obermiller, Ed Stoltenberg, Alicia Haussler, Ladd Reeves, Bill Vasey, Brian Keiser, Marvion Reichert, Jerry Wiese, Ed Kyes, Mick Reynolds, Scott Woodman, Dwayne Margritz, Jay Richeson.  Board members absent/excused – LeRoy Arends, Bob Schanou, Stephen Schuppan, Steve Sheen.  Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Jon Michael Bosley – Geographic Specialist, Angela Warner - GIS Assistant, Jesse Mintken – Resources Conservationist.  Others present – Daniel Runge – Kearney, Randy Zach – NE Public Power District, James Huntwork – USDA, Natural Resources Conservation Service, Grand Island, Joe Krolikowski – USDA Natural Resources Conservation Service, Grand Island, Bart Nichols – Sargent Irrigation, Gothenburg.               
MEETING NOTICES: Chairman Obermiller reported that the notices of the meeting had been sent to the news media as required by law. MEETING MINUTES: Alicia Haussler made the motion that the September 3rd  minutes be approved as mailed.  Dick Mercer seconded the motion. All board members present, voting by roll call vote, were in favor except Bill Vasey who abstained.  Motion carried.    
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:  Chairman Obermiller asked if there were any announcements or other business for future meeting agendas. There were none. PUBLIC FORUM: Chairman Obermiller asked if anyone wanted to address the board on any item not included on the agenda.  No one requested time to speak.  
NATURAL RESOURCES CONSERVATION (NRCS) REPORT:  Reports were given by James Huntwork, NRCS Liaison District Conservationist, Grand Island and Joe Krolikowski, NRCS, Grand Island.  (See enclosed).     
EXCUSED ABSENCES: 
Chairman Obermiller reported that LeRoy Arends, Bob Schanou, Stephen Schuppan, and Steve Sheen had requested to be excused from the board meeting. Alicia Haussler made the motion that the absences be excused as requested.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor. Motion carried.  
CEASE & DESIST – REVIEW & TAKE ACTION:
  Jim Bendfeldt reported on the Cease and Desist Hearing that had been held earlier that day at which he served as the hearing officer.  He said there were presentations from staff and from Kevin Rumbeck concerning a couple of years of non-compliance and Mr. Rumbeck’s reluctance to meet with staff to go through the process to acquire a variance and provide the offsets.  Jim said a motion is being proposed that was prepared with the assistance of our legal council.  Jim made the motion that:    
It be determined as follows:
1. Kevin and Deanna Rumbeck are the landowners/operators of the real estate legally described as follows, to-wit:  The Northwest Quarter (NW1/4) of Section 13, Township 10 North, Range 18 West of the 6th P.M., Buffalo County, Nebraska, which real estate is within the area of the stay as imposed by the Central Platte Natural Resources District.
 
2. Kevin and Deanna Rumbeck failed to comply during the 2008 and 2009 irrigation seasons with the stay as imposed by the District’s Rules and Regulations as lawfully adopted by the Central Platte Natural Resources District by irrigating land not certified as irrigated in Section 13, Township 10 North, Range 18 West, Buffalo County, Nebraska. 
3.  The failure of Kevin and Deanna Rumbeck to comply with the stay imposed by the District’s Rules and Regulations represents a substantial and serious threat to the groundwater and/or surface water supplies for two irrigation seasons in the area and the public interest demands that such failure to comply immediately cease. 
4.  Good, adequate and sufficient cause exists for the issuance of a cease and desist order commanding and requiring Kevin and Deanna Rumbeck to comply with the District’s Rules and Regulations and providing offset water for the depletion caused by  the non-compliance during the 2008 and 2009 irrigation seasons.  Good cause was not shown or given as to why such cease and desist order should not be issued. 
5.  Kevin and Deanna Rumbeck shall be ordered to cease and desist the irrigation of the above described agricultural land within Central Platte Natural Resources District in a manner contrary to or out of compliance with the District’s Rules and Regulations. 
6.  They shall, on or before November 1, 2009, file with the District, a signed affidavit that they have either a) discontinued irrigating the real estate which is not certified as irrigated land pursuant to the Rules and Regulations of the District and which is subject to this cease and desist order and show how they will offset all depletions caused by irrigating the acres not certified during the 2008 and 2009 irrigation seasons, or b) applied for and was granted a variance to irrigate the above described real estate including the provision of all offsets, both past and present, as required by the Central Platte Natural Resources District. 
7.  In addition, Kevin and Deanna Rumbeck will also be ordered to provide two years of offset water caused by the non-compliance during the 2008 and 2009 irrigation seasons. a)  offset water on land with Class 6E soils must be in an amount one and one half times the depletion, with the land from which the groundwater is being transferred to must have a Central Platte Natural Resources District approved grass cover, b) offset water caused by the non-compliance during the 2008 and 2009 irrigation season on the Class 4E soils must be offset with Class 4E soils or poorer, with the land from which the groundwater is being transferred from must be planted to Central Platte Natural Resources District approved grass cover.
8.  Kevin and Deanna Rumbeck may also provide documentation from the Farm Service Agency of land containing Class 6E and 4E soils, which could be considered as offsets, was previously irrigated two years between 1995 and 2004, but not irrigated in 2008 and 2009.  This documentation will be taken into consideration when determining the offsets needed for compliance.
9.  Kevin and Deanna Rumbeck shall on or before November 1, 2009 file with the District a proposal acceptable to the District, of how they intend to comply with the offset requirements.  Such proposal shall include a time table for providing the required offset water.
10.  That an Order be drafted consistent with these findings and sent to Kevin and Deanna Rumbeck.  
Dick Mercer seconded the motion.   General Manager Ron Bishop asked if consideration could be given to changing the due date to January 1, 2010.  Ron said that Mr. Rumbech had indicated before he left that he would work with the district but because he had two jobs plus farming had asked if the date could be moved back at least until after harvest. Jim Bendfeldt and Dick Mercer agreed to change the date to January 1, 2010.  The motion was then voted on.  All board members present, voting by roll call vote, were in favor.  Motion carried.
VARIANCE/APPEALS – REPORT & RECOMMENDATION:   Jim Bendfeldt reported they also had a hearing on a variance request from Daniel Runge to transfer the right to irrigate 3.56 new acres with offsets provided.   Jim said after working with our legal counsel, he would make the following motion:  That it be recommended to deny the request from Daniel Runge to transfer the right to irrigate 3.56 new acres due to the configuration of the pivot system, with the offsets as indicated in the transfer form, based on Rule 7.3.4 of the Rules and Regulations of the District for the reason that the operation of the pivot over and across the driveway easement on the real estate is against the public interest and would be to the detriment of the public welfare for the following reasons:  1) It would interfere with ingress and egress to the building site on the real estate owned by a third party; 2) It would potentially block access by emergency personnel, it could cause damage to the roadway, and if the farmer were to use chemigation, it could cause health risks to persons and possible damage to property; 3) In addition, such request is not a reasonable and beneficial use of water.  This request for a variance can be reconsidered if the holder of the easement for use of the driveway joins in the request to allow the transfer.  Scott Woodman seconded the motion.  Discussion followed.  Legal counsel Cathy Allen was asked if a decision on this could be postponed until after the district court case in Buffalo County concerning the permanent easement on the drive-way had been decided.  Attorney Allen said the board could postpone action.  Following the discussion Jim Bendfeldt withdrew his motion and Scott Woodman withdrew his second.   Following further discussion Jim Bendfeldt made the motion that the board table a decision on the variance request from Daniel Runge pending a court decision on the permanent easement.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor except Jim Shiers who abstained.  Motion carried.
FSA RECORDS UPDATE:  Ron said our legal counsel has filed with District Court on the FSA records data.  He said since we have filed the Groundwater Management Coalition has voted to pay half of the costs up to $10,000.00 and Twin Platte NRD has voted to contribute $2,500.00 and Upper Elkhorn NRD voted to contribute $1,000.00.  Ron said he has also received word from Ground Water Districts in Kansas and Mississippi that they would be interested in cost sharing with us also.       
WATER BANKING UPDATE:  Ron gave a brief status report on the water bank acquisitions including those in the over-appropriated of 1,304.37 acre feet accumulated to the river and said he has three closings scheduled for next week; and in the fully-appropriated area below Elm Creek a total of 264.99 acre feet.  Most of the water in the fully appropriated area has already been sold.  
SENATOR CHRISTENSEN MEETING REPORT:  Ron reported on meetings he had attended with Platte and Republican NRDs, Senator Christensen and a couple of other senators concerning the ability of NRDs to use an occupation tax in order to pay for acquisition of water.  He said the ability of the Republican NRDs to use an occupation tax is being challenged in court because it was only available to the Republican Basin NRDs.  Senator Christensen is proposing to open up the use of the occupation tax to other NRDs that have been declared either fully or over-appropriated so it would give them the option to use that revenue to pay for the acquisition of water rights in order to not have to use groundwater regulations.  Ron said he did not believe it would be an option that Central Platte would need.  He reviewed a resolution that is going to be considered at the NARD conference that would include the ability of all NRDs to use an occupation fee or tax.  He discussed the NRDs that do not have enough property tax valuation to raise revenue to meet their obligations for providing offsets.  In answer to a question Ron said he thought the board should consider supporting the resolution.  He said it is optional for the NRDs, it gives an option for getting funds to do water banking instead of using all regulations.  He said the more tools the NRDs have, the more options they have for resolving the problems.  It was the consensus of the board to support the resolution.  
(At 3:30 p.m. Alicia Haussler had to leave the meeting due to another commitment.)
HIKE/BIKE TRAIL – APPOINT DIRECTOR:  Milt Moravek reported that the Upper Big Blue NRD has now passed the same motion that Central Platte NRD had passed on looking at the possibility of setting up a Joint Action Agency for the proposed Central City/Marquette hike/bike trail.  Milt asked the board to appoint a director to set on a committee of the potential participating agencies (City of Central City, Upper Big Blue NRD, Merrick County, town of Marquette and potentially Hamilton County).  The committee would work on developing recommendations for forming a proposed Joint Action Agency.  Milt said it is being proposed that each agency have one director and one staff member serve on the committee.   Ladd Reeves was selected to serve on the committee and Ed Kyes was selected as alternate member.  
TRUCK BIDS RECEIVED:  Milt Moravek reported requests for bids had been sent out to dealers in the District for a 2010 4-wheel drive, ½ ton, full size extended cab pickup and one 2010 4-wheel drive, ¾ ton, heavy duty extended cab pickup with trade in of a 2004 Chevy 4-wheel drive extended cab pickup and a 2003 Ford 4-wheel drive extended cab pickup.  He said only one bid was received which was from Dinsdale Chevrolet in the amount of $36,297.00 for the two pickups with trade.  Marvion Reichert made the motion to approve the bid from Dinsdale Chevrolet for the two pickups as reported.  Ladd Reeves seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Alicia Haussler was absent for the motion. (At 3:40 p.m. Jerry Wiese had to leave the meeting due to another commitment.)
LONG RANGE IMPLEMENTATION PLAN:  The suggested changes were presented at the August board meeting.  No other suggestions were presented.  Following a brief discussion Mick Reynolds said he would withdraw his suggestion to omit the 2nd paragraph on Page 20, and his suggestion to remove the paragraph dealing with the Central City/Marquette hike/bike trail on Page 39.  Dick Mercer made the motion that the Long Range Implementation Plan be approved including the suggested changes presented at the August board meeting except for those on Pages 20 and 39.  Jay Richeson seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. 
COST SHARE PROGRAMS:  Applications – Kelly Cole reported that we have received applications for the following cost share programs: NE Soil & Water Conservation Program, Center Pivot Incentive Program, Flow Meter Program, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended they be approved.  Marvion Reichert made the motion to approve the cost share applications as reported. Jay Richeson seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. Alicia Haussler and Jerry Wiese were absent for the motion.
FINANCIAL REPORTS:   Jim Bendfeldt made the motion that the September financial report be approved as presented.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Alicia Haussler and Jerry Wiese were absent for the motion.  OTHER BUSINESS:  Upcoming Events - As listed on the agenda.   Next Board Meeting - Scheduled for the afternoon of Thursday, October 22nd.  Details to follow.   ADJOURN:  Chairman Obermiller adjourned the meeting at 3:50 p.m.

August Board Meeting held September 3, 2009
CALL TO ORDER:
Chairman Barry Obermiller called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  ATTENDANCE:  Board members present were: LeRoy Arends, Barry Obermiller, Stephen Schuppan, Mike Dobesh, Ladd Reeves, Steve Sheen, Alicia Haussler, Marvion Reichert, Jim Shiers, Brian Keiser, Mick Reynolds, Ed Stoltenberg, Ed Kyes, Jay Richeson, Jerry Weise, Dwayne Margritz, Bob Schanou, Scott Woodman, Dick MercerBoard members absent/excused – Jim Bendfeldt and Bill Vasey.  Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, David Carr – Range Management Specialist, Angela Warner - GIS Assistant, Jesse Mintken – Resources Conservationist.  Others present – Daniel Runge – Kearney, Lori Potter – Kearney Hub, Randy Zach – NE Public Power District, James Huntwork – USDA, Natural Resources Conservation Service, Grand Island, Bart Nichols – Sargent Irrigation, Gothenburg, Tim Montgomery – NE Game  Parks Commission, Lincoln.               
MEETING NOTICES: Chairman Obermiller reported that the notices of the meeting had been sent to the news media as required by law.  MEETING MINUTES: Marvion Reichert made the motion that the July minutes be approved as mailed.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor except Brian Keiser, Mick Reynolds, Jay Richeson, Stephen Schuppan and Jim Shiers who abstained.  Motion carried.    ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:  Chairman Obermiller asked if there were any announcements or other business for future meeting agendas. There were none.      
PUBLIC FORUM: Chairman Obermiller asked if anyone wanted to address the board on any item not included on the agenda.  Daniel Runge, 1403 15th Avenue, Kearney, requested time to speak.  He spoke of his dissatisfaction with the fact that he had been scheduled to have a hearing on a variance request today but it was postponed and rescheduled for September 24th.  He handed out correspondence from the office pertaining to the original schedule and also the rescheduled Variance Committee meeting.  He said he had received a notice from Matt (Bohnenkamp), which said he (Matt) would recommend that any new irrigation cease until a variance had been decided.  He said he had been told the hearing was postponed because our attorney could not be present. Chairman Obermiller asked Mr. Runge what he was asking from the board.  Mr. Runge said it was important that he get the variance approved because he has a trial coming up in a few days that has to do with an easement that runs through the irrigated acres.  He said, “One of the letters that Matt sent, it said that this driveway was an issue and so they’re making it an issue instead of just figuring what the irrigated acres are.  For some reason they think the driveway, because it’s an easement, is an issue and they said the attorney could not be here today”.  Milt Moravek referred to a map of the area showing a five acre tract that is owned by another individual.  The tract includes a farmstead and the owner has a perpetual easement giving him ingress and egress.  The perpetual easement was granted prior to Mr. Runge’s ownership of the quarter.  It was explained that Mr. Runge had been irrigating the 3.56 acres illegally for the past two years.  Milt said our attorney has requested that the board delay this matter until the next meeting so it can be discussed in detail.  Discussion followed.  Chairman Obermiller said unless a director made a motion to take a recess in the
board meeting to have the Variance Committee go over this matter and bring it before the board the item would be brought to the Variance Committee on September 24th as previously rescheduled.  No action was taken on this item.  It will be before the Variance Committee September 24th. 
NATURAL RESOURCES CONSERVATION (NRCS) REPORT:  A report was given by James Huntwork, NRCS Liaison District Conservationist, Grand Island on the Conservation Stewardship Program (see enclosed).  
EXCUSED ABSENCES:  Chairman Obermiller reported that Jim Bendfeldt and Bill Vasey had requested to be excused.   Scott Woodman made the motion that the absences be excused as requested.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor. Motion carried.  It was reported that Bill Vasey’s absence was due to the death of his daughter.  
WATER RESOURCES COMMITTEE – REPORT & RECOMMENDATIONS:  Scott Woodman, committee chairman, reported on their meeting held earlier that day.    
Proposed Resolution for a Dept. of Natural Resources and a Natural Resources Commission –
Scott said there was a lengthy discussion on Twin Platte NRD’s proposed resolution that pertains to separating the NE Dept. of Natural Resources from the NE Natural Resources Commission.  Scott said the Water Resources Committee is recommending, and he made the motion, that Central Platte NRD support the resolution at the NARD September conference.  Mick Reynolds seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.     
Difference Between Fully & Over-Appropriated – Scott said the committee discussed hiring a consulting firm to do a study to determine the actual amount of water needed to allow Central Platte and other partner NRDs to become fully versus over-appropriated, and to give General Manager Ron Bishop the authority to interview firms and to hire one to do the study.  Scott then made the motion to approve the recommendation from the Water Resources Committee to authorize Ron to interview consulting firms and to hire a firm to do a fully and over-appropriated study.  Marvion Reichert seconded the motion.  In answer to a question Ron said the final study would probably not happen until after the first of the year.  He also said he would keep the board informed on the process and progress of finding and hiring a consultant.  The motion was voted on.  All board members present, voting by roll call vote, were in favor.  Motion carried.   
Water Bank Update – Scott said Ron gave the committee a status report on the program.  Discussion was held on the purchases.  It was the concensus to stay on the present schedule and make the purchases as they become available.  Ron reported that we have 1450 acre feet west of Elm Creek.  We only have two acre feet east of Elm Creek available to sell.  
FSA Records –
Scott said the committee discussed FSA’s denial for NRDs to have access to their records.  A discussion was held concerning hiring an attorney and filing an appeal in Federal District Court.  Ron reported to the committee that there are other NRDs interested in joining the appeal process.  He said Central Platte NRD’s share of the costs could range from $15,000.00 to $20,000.00.  Ron said to put the cost into perspective Central Platte NRD has spent $340,000.00 to do what could have been done for approximately $20,000.00 if we would have had access to the FSA records.   In answer to a question Ron said attorney’s in Washington D.C. are advising the Secretary of the U.S. Dept. of Ag and others at the federal level not to give the information out because of the “privacy act”.  Scott made the motion that Central Platte NRD hire an attorney, and file an appeal with the Federal District Court  on the FSA record denial with Central Platte NRD’s share not to exceed $20,000.00.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
PROGRAMS COMMITTEE – REPORT & RECOMMENDATION:  Bob Schanou, committee chairman, reported on their meeting held earlier that day.  Urban Forestry Program – He said they discussed the NRD’s Urban Forestry Program in which we provide 50% cost share with a $5,000.00 maximum to cities or villages.  Kelly had reported to the committee that we have received inquiries from various cities and villages that were wondering if they could get the cost share if they also got a grant from the State Arboretum.  In our program rules it is stated that matching funds from cities or villages must be local funds, non-state and non-federal.  The committee is recommending that the words “must be local funds, non-state, non-federal funds”  be taken out”.   If this rule was amended then cities and villages could go ahead and apply for a matching grant.    Bob Schanou then made the motion to amend the rules for the Urban Forestry Cost-share Program which would take out the words “must be local funds,  non-state, non-federal”.  Mike Dobesh seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   
WESTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATIONS:   Dick Mercer, committee chairman, reported on their meeting held earlier that day.
Update on the Proposed Elm Creek Project –
Dick said Kevin Prior with Olsson Associates gave the committee an update on the study of the proposed Elm Creek Reservoir.  He said a meeting of the interested parties will be scheduled to discuss the proposed project and how to proceed, including getting public input on the proposed project.      
Memorandum of Understanding with the Platte River Recovery Implementation Plan – Dick said the proposed memorandum of understanding was sent to the directors prior to the meeting.  Ron said the proposed MOU has been approved by the PRRIP Governance Committee.  The Program would pay Central Platte NRD for a lot of the work that Kevin Prior reported on for the proposed Elm Creek project.  They would pay 100% of the cost of looking at the reservoir enlargement, 100% looking at Elm Creek and the capacity of it to get the water back to the river, 100% of the dewatering studies that need to be done, 75% of the inflow delivery capacity (Dawson County Canal capacity).  Their contribution is not to exceed $100,000.00.  Ron also reported that they are not asking Central Platte NRD for any commitment beyond the study.  Ron said the final draft was changed so that we are not committing to anything beyond the preliminary studies.  Alicia Haussler made the motion to approve the proposed Memorandum of Understanding between Central Platte NRD and the Platte River Recovery Implementation Program on the studies for the proposed Elm Creek project.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  
BUDGET FISCAL 2010, SETTING PROPERTY TAX REQUEST:  Chairman Obermiller resumed the public hearing to set the property tax request at a different amount than last year’s request.  He again asked for testimony on the proposed Fiscal 2009/2010 property tax request.  There was no testimony.  He closed the hearing. (See enclosed Property Tax Request Hearing minutes).  Alicia Haussler made the motion to approve the proposed Resolution Setting the Property Tax Request for Fiscal 2009/2010. Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. 
PLATTE RIVER INSTREAM FLOWS:  Mark Czaplewski reported that, in accordance with Nebraska law, Central Platte NRD’s instream flow water rights recently came up for a mandatory 15-year review.  The review is set up to look at whether or not the instream flow water right continues to provide beneficial uses and continues to be in the public interest.  Central Platte NRD originally applied for these rights on July 25, 1990.  The Department of Water Resources (now DNR) granted certain of these rights on July 2, 1992.  The State of Wyoming appealed the ruling to the Nebraska Court of Appeals and eventually to the Nebraska Supreme Court.  Generally, the Courts affirmed the DWR order and remanded the matter back to them.  On September 23, 1994 the DWR approved the applications.  It’s now 15 years later and current laws necessitate this review.  Working with the DNR, we published legal notices in area newspapers for three weeks and solicited public comment.  The public could have requested a formal hearing before the DNR.  However, that window of opportunity is now closed and the only comment filed with DNR was supportive of our instream flows.  The DNR is expected to soon issue an Order continuing the water rights.
PLATTE RIVER RECOVERY PROGRAM – REPORTS:  Water Advisory Committee (WAC) – Duane Woodward reported that the Water Advisory Committee that he is a member of has had several meetings in the last couple of months.  They review water related issues for the Governance Committee.  Some of the things they have done so far include reviewing Nebraska’s, Colorado’s and Wyoming’s depletions plans.  He said each of the three states are required to file a depletions plan to look at new water uses and how they are being offset.  He said they are also working with the Headwater group staff to look at the water projects, several of the projects that are ongoing, such as the proposed Elm Creek reservoir, and reworking Elwood Reservoir.  There are several other projects they are getting started on.  One has to do with the Gothenberg and Dawson County Canal to look at potential recharge and return flows to the river.  Duane said Wyoming is looking into doing some offset projects.  One of their  water supply projects for the program was to look at the Pathfinder enlargement.  A high flow release study was done this spring by the Headwaters Group, and the U.S. Fish & Wildlife Service.  The WAC discussed the release options, they went through estimated effects from the release program out of Lake McConaughy to generate peak flows.  The study was more of a timing and coordination issue looking at working with NPPD and CNPP&ID to see how water moves through the system.     
Land Advisory Committee – Mark Czaplewski reported the Program is working on management plans for various land complexes.  The plan is to try to incorporate habitat management efforts with plans for research and adaptive management efforts on these same lands.  Program land acquisitions to date total approximately 1224 acres toward the Program’s 10,000 acre first increment land goal.  Including additional Program sponsorship agreements with NPPD on their 2650 acre Cottonwood Ranch property and a 455 acre tract owned by Wyoming, total Program lands come to around 4330 acres.  Negotiations are currently underway on another 2346 acres and the Land Advisory Committee regularly evaluates additional tracts.  To date, all of these acquisitions have been fee title purchases, but the Program is also considering leases and conservation easements.
Platte Basin Habitat Enhancement Project (PBHEP) – Mark reported the Project sponsors continue to meet regularly to develop the various major components of the Project.  To date we’ve not only finalized our Interlocal Cooperation Agreement, but we have developed a set of conservation easement templates, and organized three committees to deal with water tracking and accounting, habitat development and monitoring, and education and outreach matters.  Mark said that yesterday the NE Environmental Trust provided them a contract to sign, allowing us to receive the first year funding of $1,275,000.  They also have given preliminary approval for a second years funding of $725,000 and a third year of $1,000,000.  He said their next Project meeting is scheduled for September 14th in North Platte to try to come to terms amongst ourselves on the critical issues of exactly how to account for saved water and establishing values for that water.
KEARNEY HIKE/BIKE TRAIL REQUEST TO REBUILD BRIDGE:  Tim Montgomery with the NE Game & Parks Commission in Lincoln requested that the board consider approving an amendment on the use of the $60,000.00 that Central Platte NRD had committed in 2006 that was to be used in Phase 4 of the trail for paving of the trail in the Fort Kearney area, and rehab of the north bridge and south bridge.  He reviewed the fact that there had been a fire that went through last year that burned several acres of wildlife habitat along the north channel of the Platte River, burned out the north bridge and a substantial part of the trail that was going to be paved.  He asked that the board approve an amendment that would allow the funds to be used to help rebuild the bridge across the north channel.  Tim said they are putting in a request with the Transportation Enhancement Committee to amend the funding to allow them to replace the north bridge with a new bridge and to rehab the south bridge.  He said at that point they would still need to come up with the funding to pave the 1.4 miles of trail with concrete which was the original plan but this would get them a step closer to getting a bridge back so they can connect back to Kearney’s trail system. 
     Responding to questions from the board Tim said he did not know if Central Platte NRD would be asked for additional funds for the paving, nor whether The Nature Conservancy had agreed to help fund the rebuilding of the bridge.   Also in answer to a question he said the same partnership that was originally set up is still in place which is the City of Kearney, NE Game and Parks Commission, Central Platte NRD and Transportation Enhancement Fund (federal highway money).  Under the original plan the cost was estimated at $624,000.00.  Tim said if the project as he presented it was done now the cost would probably be in the range of $850,000.00.  Also briefly reviewed was the NRD’s $50,000.00 for the Phase 5 portion of the trail which is the City of Kearney’s portion of the project.  The trail when completed will be about 14 miles.  Ladd Reeves made the motion to approve the NE Game and Parks Commission’s request to use the previously committed $60,000.00 to rebuild the north bridge that is part of the trail near Ft. Kearney.  Mike Dobesh seconded the motion.  All board members present, voting by roll call vote, were in favor except Stephen Schuppan who voted no.  Steve Sheen was absent for the motion.  Motion carried. 
WATER LEVELS REPORT:  Jesse Mintken and Duane Woodward reported on this item.  They handed out information on changes in water levels from spring 2008 through spring 2009, and spring 2001 through spring 2009, in the groundwater management areas the average accumulated change in depth to water 1982 through 2009 and groundwater management areas maximum acceptable decline by sub area (see enclosed).  
PRAIRIE/SILVER/MOORES CREEK FLOOD CONTROL PROJECT BID LETTING: 
Milt Moravek reported on the Prairie/Silver/Moores Creek Flood Control Project bid letting that had been held August 20th.  He said 10 bids were received with Hooker Brothers Construction Co. of Grand Island submitting the low bid in the amount of $1,720,914.00 (see enclosed).  Alicia Haussler made the motion to approve the bid from Hooker Brothers Construction Co. in the amount of $1,720,914.00 to do the next phase on the Prairie/Silver/Moores Creek Flood Control Project.  Dick Mercer seconded the motion.  All board members present, voting by roll call vote, were in favor except Marvion Reichert who abstained.  Motion carried.
Phragmites on Platte River – Milt reported that we were able to get enough funds from the NRD and other grants to spray all the way from Elm Creek down to Columbus.  He said they will start spraying the following week, and plan to spray the entire stretch of phragmites in the next 45 days.  He said they are also doing touch up work between Gothenberg and Elm Creek. In answer to a question Milt said they are estimating a 97% kill rate on the spraying that was done last year.
UPCOMING NATURAL RESOURCES COMMITTEE HEARINGS:  Milt handed out the schedule for the hearings of the Legislature’s Natural Resources Committee (see enclosed).  Ron said he has arranged a lunch and tour after the hearing in Kearney on October 7th in Kearney.  The proposed Elm Creek reservoir site is one of the stops on the tour.  Ron said he hoped that four or five directors could plan to attend the hearing, lunch and tour.   
LONG RANGE IMPLEMENTATION PLAN:  Marcia Lee reported the draft had been sent to the directors about three weeks ago.  She handed out a summary of the suggested changes she has received so far.  Marcia asked that any comments on the suggestions or any additional suggested changes be submitted to her at least a week before the September 24th meeting so she can prepare a draft copy.  It is hoped that the plan can be finalized and acted on at that meeting.
ORDER FOR THE BASIN WIDE PLAN:  Ron reviewed the fact that the board had adopted the basin wide plan for joint integrated water resources management of over-appropriated portions of the Platte River Basin a few months ago.  A copy of the Order that needs to be published by September 16th was sent to the directors for their review prior to the board meeting.  Chairman Obermiller reported that he had received a letter from the NE Dept. of Natural Resources that stated, “The Department mutually agrees to the adopt the basin wide plan without modifications and will work with you to implement the basin wide plan.”   Marvion Reichert made the motion that the board adopt the Order For the Basin Wide Plan for Joint Integrated Water Resources Management of Over-appropriated Portions of the Platte River Basin.  Jay Richeson seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. 
ATV BID RESULTS:  David Carr said requests for bids were sent to four ATV dealerships in the district with the request that the bids include the trade-in of the District’s two Arctic Cats.  He said when he took the bid information to the dealerships he also took one of the Arctic Cats so they could come up with a trade value.  David said we only received one bid which was from Kearney Yamaha.  They submitted two bids, one was for two Polaris 500 ATV’s for $7,570.00 including our trade and the other was for two Yamaha 550 ATV’s for $11,400.00 including our trade.  David said he looked at the Polaris and Yamahas and said he would prefer the Yamaha and listed the reasons for his preference.  He said $10,000.00 had been budgeted for the ATVs but because he had saved $4,800.00 on a sprayer there would be money in the project equipment budget to cover the $1,400.00.  In answer to a question David said Honda would have been his top choice but we had not received a bid from either of the dealers.   A discussion followed  including the suggestion that the purchase of the ATV’s be put on hold and that David shop for ATV’s without trade to see what kind of price he could get.  Chairman Obermiller said David could bring the information back to the board at the September 24th meeting.   Following the discussion Marvion Reichert made the motion that the bids received for the ATVs be rejected.  Mike Dobesh seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.    
COHYST REPORT – NE ENVIRONMENTAL TRUST APPLICATION & INTERLOCAL AGREEMENT:  Ron said there is some additional information that we need on historic irrigated uses, crops and pumping.  Because of the expense of hiring a firm to do the work it is being proposed by the COHYST Sponsors that an application be submitted for NE Environmental Trust funds.  Ron said it is proposed that Central Platte NRD be the administrator.  He said Central Platte NRD would continue to pay our proportionate share as we have done in the past.  Ron also said the interlocal agreement for the COHYST project needs to be revised and updated.  Partners would remain the same (NE Dept. of Natural Resources, the five NRDs, NE Game & Parks Commission, NE Public Power District and Central NE Public Power & Irrigation District).  Ron said it is proposed that Central Platte NRD continue with the group and enter into a revised interlocal agreement.   Ron said unless he heard otherwise he would go ahead and take care of the paper work for the NE Environmental Trust Fund grant application and a revised COHYST interlocal agreement.    
NARD ANNUAL CONFERENCE - SELECT VOTING DELEGATE & ALTERNATE:  It was reported that it would be necessary to select a voting delegate and alternate for the September 28-29 conference in Kearney.   Marvion Reichert made the motion that Dick Mercer be selected as Central Platte NRD’s voting delegate and LeRoy Arends be the alternate for the September NARD Annual Conference.  All board members present, voting by roll call vote, were in favor except LeRoy Arends and Dick Mercer who abstained.  Motion carried.
COST SHARE PROGRAMS:  Applications – Kelly Cole reported that we have received applications for the following cost share programs: NE Soil & Water Conservation Program, Streambank Stabilization Program, Center Pivot Incentive Program, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended they be approved.   Alicia Haussler made the motion to approve the cost share applications as reported.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. FINANCIAL REPORTS:   Alicia Haussler made the motion that the August financial report be approved.  Jerry Wiese seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried .
OTHER BUSINESS:  Upcoming Events - As listed on the agenda.   Next Board Meeting - Scheduled for the afternoon of Thursday, September 24th.  Details to follow.   ADJOURN: 
Chairman Obermiller adjourned the meeting at 4:10 p.m.

Fiscal 2010 Budget Hearing Minutes    July 23, 2009
OPEN HEARING: Chairman Barry Obermiller opened the public budget hearing at 1:30 p.m. He stated that the public hearing was an open meeting and abides by the Open Meetings Act in conducting business.  He reported that there was a copy of the Open Meetings Act displayed on the south wall of the conference room as required by State law.
ATTENDANCE:  (See 07/23/09 Board Meeting Minutes Attendance.) Chairman Obermiller reported that the purpose of the hearing was to receive support, opposition, criticism, suggestions or observations of taxpayers relating to the proposed budget and to consider amendments relative to the proposed budget.  He reported that notices of the hearing and budget summary were published in the Grand Island Independent, Kearney Hub, Central City Republican Nonpareil, Lexington Clipper Herald and Tri-City Tribune.  He entered the hearing notice and summary into the record.  (See enclosed Grand Island Independent legal notice.)  Barry reported that the Budget Committee had met prior to the board meeting and asked General Manager Ron Bishop to review the proposed budget, and the Budget Committee’s recommendations.  Ron said that a “Budget Summary Comparison - Adopted Fiscal 2009 & Proposed Fiscal 2010” was mailed to the directors prior to the meeting (see enclosed).  He reviewed the proposed budget that was advertised for purposes of the public hearing, which would require a property tax request for both funds of $4,502,834.92, and would have been a reduction in the property tax request of $458,930.20 from last year.  He reviewed the fact that the proposed operating expenditures include new budgeted expenses as well as liabilities as of June 30th.  Ron said the original estimate for County Treasurers’ balances was $45,000.00, based on a four year average.  However, this year the ending balances were about $62,000.00 more than that.   
     Ron reviewed the Budget Committee’s recommendations for the General and Sinking Funds.  He said they are suggesting an increase of $10,000.00 to the General Fund item “Special Projects” for the invasive vegetation control project (phragmites).  This increase, combined with the increased County Treasurers’ Balances, would allow for a total property tax reduction from last year of a little over a half million dollars.  He also reported that in order to hold to the board’s goal of having a conservative budget the “Salary” line item was not increased from last year’s amount.  Ron explained that the top five salaries were frozen and that, along with some other minor adjustments, allowed for modest increases for the other employees. He said in order to compensate for that the Budget Committee is recommending that two floating holiday leave days be added for headquarters staff who get three fewer holidays than city, county and state employees (Columbus Day, Martin Luther King Birthday, Arbor Day).  The floating holidays for headquarters staff can be taken on a day of their choosing.  Ron explained that Central Platte NRD’s field office employees, who are hired to assist the USDA Soil Conservation Service, get the same holidays as the federal government, which include Columbus Day and Martin Luther King’s Birthday, so they would not be eligible for the floating holidays. Chairman Obermiller asked if any one in attendance wanted to provide any testimony or had any questions or comments. There were no questions or comments at that time. He suspended the hearing at 1:40 p.m. and said the hearing would be resumed when the item was reached on the board meeting agenda. When the item was reached on the board meeting agenda Chairman Obermiller resumed the public budget hearing.  He again asked if there was any testimony on the proposed budget.  There was none.  He closed the hearing. 
(See July 23, 2009 board meeting minutes for action on the proposed Fiscal 2010 budget.)

July 23, 2009

CALL TO ORDER: Chairman Barry Obermiller called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  ATTENDANCE:  Board members present were: LeRoy Arends, Dick Mercer, Steve Sheen, Jim Bendfeldt, Barry Obermiller, Ed Stoltenberg, Mike Dobesh, Ladd Reeves, Bill Vasey, Alicia Haussler, Marvion Reichert, Jerry Weise, Ed Kyes, Mick Reynolds, Scott Woodman, Dwayne Margritz, Bob Schanou   Board members absent/excused – Brian Keiser, Jay Richeson, Stephen Schuppan.  Absent Jim Shiers.  Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner - GIS Assistant.   Others present – (See attached list). 
MEETING NOTICES: Chairman Obermiller reported that the notices of the meeting had been sent to the news media as required by law.  MEETING MINUTES: Alicia Haussler made the motion that the June minutes be approved as mailed.  Ladd Reeves seconded the motion.  Question was raised as to whether Scott Woodman had voted yes or had abstained on the vote to table the hike/bike trail item at the last meeting.  (Tape has been rechecked and vote was yes as recorded).  All board members present, voting by roll call vote, were in favor except Barry Obermiller, Marvion Reichert, and Steve Sheen who abstained.  Motion carried.  Ed Stoltenberg was absent for the motion.
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:  Chairman Obermiller asked if there were any announcements or other business for future meeting agendas. There were none.  PUBLIC FORUM: Chairman Obermiller asked if anyone wanted to address the board on any item not included on the agenda.  There were no requests to speak.
NATURAL RESOURCES CONSERVATION (NRCS) REPORT:  Reports were given by Teri Edeal, NRCS Resources Conservationist, Dawson County, and James Huntwork, NRCS Liaison District Conservationist, Grand Island (see enclosed).  
EXCUSED ABSENCES:  Chairman Obermiller reported that Brian Keiser, Jay Richeson, and Stephen Schuppan had requested to be excused.  Scott Woodman made the motion that the absences be excused as requested.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor. Motion carried.
BUDGET FISCAL 2010:  Chairman Obermiller resumed the budget hearing.  He again asked for testimony on the proposed Fiscal 2010 budget.  There was no testimony.  He closed the hearing. (See enclosed Budget Hearing minutes).
Dick Mercer made the motion to approve the proposed Fiscal 2010 budget including the recommendations from the Budget Committee as reported by General Manager Ron Bishop.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. 
CENTRAL CITY/MARQUETTE HIKE/BIKE TRAIL:  Chairman Obermiller said information, including a map of the proposed trail, had been sent to the directors prior to the meeting.  He said that because there were so many people in attendance that only new information pertaining to the proposed trail be presented and that if the information had already been presented last month he asked that it not be repeated. Chris Anderson, Central City Administrator, briefly addressed the board and gave a power point presentation, outlining the benefits to Central City and surrounding communities, presented information countering some of the opposition to the proposed trail, and again requested the board consider support for a “joint action agency” as reviewed at last month’s board meeting.   Jerry Gacke also spoke in support of the proposed trail.  Individuals voicing concerns or speaking in opposition were Todd Danhour and Richard Carnes.  Gene Griffith also spoke of construction costs on trails. Items of concern were pivots crossing over the trail, maintenance of the trail, potential harm caused by chemical applications on crop land, personal safety issues on the trail, concerns about law suits from injuries occurring on the trail.  Handouts were provided to the directors from some of those in opposition to the proposed trail (see enclosed).  In answer to a question to clarify what is being requested at this time, General Manager Ron Bishop said it was his understanding that the board is being asked to appoint one or two individuals to represent Central Platte NRD on a committee to try to develop recommendations for an agreement for a Joint Action Agency, which would be made up of members representing the various entities. Once a proposal is developed it would be brought back to the board and other agencies for a decision on whether to participate in a joint action agency.  Chairman Obermiller asked Chris Anderson to repeat the motion that the Central City council has passed.  Chris said they have passed a motion “to pursue membership in a Joint Action Agency for the purposes of creating a trail between Central City and Marquette”.  Following further discussion Scott Woodman made the motion to direct staff to work with the other agencies on a committee to develop recommendations for forming a joint action agency for the purpose of developing the proposed Central City/Marquette hike/bike trail.  Bob Schanou seconded the motion.   A point of clarification was that the potential entities include Central City, Marquette, Merrick County, Hamilton County, Central Platte NRD, and Upper Big Blue NRD.  The motion was then voted on.  Board members voting in favor:  Alicia Haussler, Ed Kyes, Dick Mercer, Barry Obermiller, Ladd Reeves, Mick Reynolds, Bob Schanou, Bill Vasey and Scott Woodman.  Board members opposed were:  LeRoy Arends, Jim Bendfeldt, Mike Dobesh, Dwayne Margritz, Marvion Reichert, Steve Sheen, Ed Stoltenberg and Jerry Wiese.  Motion carried nine to eight.
WATER RESOURCES COMMITTEE – REPORT & RECOMMENDATIONS: Scott Woodman, chairman of the committee, reported on their meeting held earlier that day.   Memorandum of Understanding for the Platte River Recovery Program – Scott said they had discussed the proposed memorandum of understanding.  He said there are still some questions so we are waiting for information from Jerry Kenny, program director.  
Invasive Species – Scott said Kent Aden, with Central NE Public Power & Irrigation District presented information on the joint project to control invasive species on the Platte River.  He explained their control program, results, and chemicals being used.  As reported during the Public Budget Hearing the committee proposed adding $10,000.00 to the program, which was done through the budget process.  Twin Platte NRD Resolution – The committee discussed the proposed resolution that pertains to separating the NE Dept. of Natural Resources from the NE Natural Resources Commission.   This will be an item of discussion at the next board meeting and the board can decide on whether to be a cosponsor of the resolution. 
VARIANCE/APPLEALS SUBCOMMITTEE – REPORT & RECOMMENDATION: Jim Bendfeldt, chairman of the subcommittee, said they discussed two cases of alleged violations of the District’s regulations on irrigation certification.  Both include Class 6e and 4e soils.  One is a 10.6 acre tract (Rumbeck) near Amherst, and the other is a 19.5 acre tract (Streit) near Overton.  The tracts are not certified as irrigated acres.  Letters were sent to the landowners and operators but they have not come in to work with staff.  After reviewing the information on both cases the subcommittee is recommending that hearings be held prior to next month’s board meeting to determine whether cease and desist orders should be issued. 
Following a brief discussion Jim Bendfeldt made the motion to hold hearings just prior to next month’s board meeting for the purpose of determining whether cease and desist orders should be issued on the two alleged violators.  Marvion Reichert seconded the motion.  All board members, voting by roll call vote, were in favor.  Motion carried.  
ADOPTION OF PLANS – DISCUSSION & ACTION: Ron said it will be necessary for the board to take action to adopt the District’s Integrated Management Plan.  He said he was not able to get all of the testimony out for the board to review.  He said the court reporter got the testimony to our office yesterday.  He asked for input from those who did attend as to what they heard at the hearings.  Ron said there was not that much testimony.  He said there was testimony presented by NE Public Power District and Central NE Public Power & Irrigation District and a board member from the Tri Basin NRD.  For the most part they talked about the Basin plan and their concerns about how it might impact, or not, upstream NRDs.  Ron said today we have received a letter from the NE Dept. of Natural Resources stating “Dear Mr. Obermiller – With this letter the Department agrees to implement the IMP and to adopt and implement the controls in the same programs without modification.  To move this process forward the NRD and the Department each need to write an Order adopting the controls in the IMP and publish it for three consecutive weeks according to NE Statute.  The Department appreciates the great effort and many hours put forth by your board and staff to compose and complete the IMP.  We look forward to continued success with you while implementing the IMP.  Sincerely, Brian Dunnegan, Director.” Harvey Langrehr spoke on the comments made by Don Adams, Director of Nebraskan’s First, concerning why the NRD had put a stay on new irrigation wells beyond what the State of Nebraska had imposed.  Ron said the original stay area was out to the 50/10 line.  The board chose to treat everyone equitably and extend it out to the NRD boundary, because without doing that depletions that take place outside the 50/10 line have to be made up by the folks within the 50/10 line.  Ron said when the board is comfortable with the proposed District’s Integrated Management Plan they will need to adopt it and also an Order will need to be issued on the adoption of the IMP. 
     Bob Schanou made the motion to adopt Central Platte NRD’s Integrated Management Plan and that the Order be issued accordingly.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Ron said the next item concerns the District’s Groundwater Management Plan Rules and Regulations which required some amendments due to the adoption of the IMP.  He said the Department of Natural Resources has sent some suggested changes, which are very minor in nature.  Ron reviewed the latest Rules and Regulations draft, including those suggested by DNR.  He said changes shown in red are those the board adopted prior to the hearing, those shown in blue were those suggested by DNR.  (See enclosed).  Ron said he would recommend the board accept the suggestions, adopt the rules and issue the Order.   Jim Bendfeldt made the motion that the proposed changes to the Groundwater Management Rules and Regulations that the board approved prior to the public hearing, and those suggested by the Dept. of Natural Resources District as reviewed by General Manager Ron Bishop, be adopted and that the Order be issued.  Ladd Reeves seconded the motion.  All board members, voting by roll call vote, were in favor.  Motion carried. 
Ron said a letter will be sent to the Department of Natural Resources stating that the IMP has been adopted, the changes to the Groundwater Management Plan Rules and Regulations have been adopted and that the required Orders will be issued.
COHYST UPDATE:  Duane Woodward gave a brief status report on COHYST, Phase 3 (see enclosed). 
PRAIRIE/SILVER/MOORES FLOOD CONTROL PROJECT UPDATE:  Milt Moravek briefly reported on the status of this project.  He said there are two contractors currently working.  They will both be completed with their work within the next three weeks.  He said there is another bid letting planned in August for the next phase.  Milt showed pictures and showed a map of the work being done.  He said within the phases we are in at this time it was decided to install twin three by seven box culverts, with a gate on one of them that is operated by hydraulics.  With the work that has been done, and after the box culverts are installed, some flood control benefits will be available to the people downstream from the area, including the northern part of Grand Island.  He said we will have to be careful and may have to leave the second gate open so the system is not overloaded because we still have about two point four million cubic yards of dirt to move on the project. 
COST SHARE PROGRAM:  Applications -- Kelly reported that we have received applications for the following cost share programs: NE Soil & Water Conservation Program, Streambank Stabilization Program, Center Pivot Incentive Program, Flow Meter Program, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended they be approved.  
Marvion Reichert made the motion to approve the cost share applications as reported.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor, except Ed Kyes who abstained.  Motion carried.
FINANCIAL REPORTS:   Marvion Reichert made the motion that the July financial report be approved as read by General Manager Ron Bishop.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
OTHER BUSINESS:  Next Board Meeting – Scheduled for the afternoon of September 3rd, one week late due to budget levy hearing.  Details to follow. 
UPCOMING EVENTS – As listed on the Agenda.  ADJOURN:   Chairman Obermiller adjourned the meeting. 

June 23, 2009

CALL TO ORDER:
Vice Chairman Ed Kyes called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.   ATTENDANCE:  Board members present were: LeRoy Arends, Dwayne Margritz, Stephen Schuppan , Jim Bendfeldt, Dick Mercer, Jim Shiers, Mike Dobesh, Ladd Reeves, Ed Stoltenberg , Alicia Haussler, Mick Reynolds Bill Vasey , Brian Keiser, Jay Richeson, Jerry Wiese , Ed Kyes, Bob Schanou, Scott Woodman    Board members absent/excused – Barry Obermiller, Marvion Reichert and Steve Sheen.   Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner - GIS Assistant.    Others present – Barney Miller, Marquette, James Montogmery – Marquette, Lauri Montgomery – Marquette, Patrick Purdy – Marquette, Chris Anderson – Central City, Clint Petersen – Marquette, Chuck Griffith – Central City, Todd Danhauer – Marquette, Dick Hartman – Grand Island, Judy Moore – Marquette, Donna Moore – Marquette, Doug Andersen – Marquette, Bart Nichols – Sargent Irrigation, Gothenburg, Mark Coddington – Grand Island Independent, Nick Benes – Aurora News Register, Aurora, Randy Zach – NE Public Power District, Columbus, Lori Potter – Kearney Hub, Eugene Griffith – Marquette, James Huntwork – NRCS Liaison District Conservationist, Grand Island, Tom Schleif – NRCS Resources Conservationist, Central City, Richard Carnes – Marquette, C. Carnes - Marquette.               
MEETING NOTICES: Vice Chairman Kyes reported that the notices of the meeting had been sent to the news media as required by law. MEETING MINUTES: Alicia Haussler made the motion that the May minutes be approved as mailed.  Jim Bendfeldt seconded the motion.   All board members present, voting by roll call vote, were in favor except Bob Schanou, Jerry Wiese and Scott Woodman who abstained.  Motion carried. 
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:  Vice Chairman Kyes asked if there were any announcements or other business for future meeting agendas. There were no announcements or items for future meeting agendas.  PUBLIC FORUM: Vice Chairman Kyes asked if anyone wanted to address the board on any item not included on the agenda.  There were no requests to speak. 
NATURAL RESOURCES CONSERVATION (NRCS) REPORT:  Reports were given by Tom Schleif, NRCS Resources Conservationist, Merrick County and James Huntwork, NRCS Liaison District Conservationist, Grand Island (see enclosed).  EXCUSED ABSENCES:  Vice Chairman Kyes reported that Barry Obermiller, Marvion Reichert and Steve Sheen had requested to be excused.  Dick Mercer made the motion that the absences be excused as requested.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor. Motion carried.
WATER RESOURCES COMMITTEE – REPORT & RECOMMENDATIONS: Scott Woodman, chairman of the committee, reported on their meeting held earlier that day.   
Memorandum of Understanding for the Platte Basin Habitat Enhancement Program – Scott briefly reviewed the fact that the board had heard a proposal last month concerning the Platte River Recovery Implementation Program’s interest in participating in expanded studies on the proposed Elm Creek Watershed Project, and that the board had authorized General Manager Ron Bishop to work with Jerry Kenny, Executive Director of the PRRIP, to develop a draft memorandum of understanding between Central Platte NRD and the PRRIP.  The memorandum of understanding would outline the Program’s involvement in the project itself and financing assistance to the project.  Scott said the committee reviewed the draft and agreed that Ron should continue working on it so that a final proposed agreement can be brought to the board at the July board meeting for review and action.  Scott made the motion that a final draft of a Memorandum of Understanding between Central Platte NRD and the Platte River Recovery Implementation Program be prepared for the board’s consideration at their July board meeting. The memorandum of understanding would outline the Program’s involvement in the proposed Elm Creek Watershed Project.  Ladd Reeves seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   
Interim Study LR 181 –
Scott said the committee heard a report from Ron on the status of the study. 
PROGRAMS COMMITTEE – REPORT & RECOMMENDATION:  Committee chairman Bob Schanou reported on their meeting held earlier that day.  He asked Kelly Cole to report on the proposed policy change for all cost share programs.  Kelly said it is being recommended that before a cost share payment is made the recipient must provide the NRD with proof that they have paid for the practice or program.  She said this is already the policy on a couple of our cost share programs.     Bob Schanou made the motion that for all cost share program applications approved after July 1, 2009 the recipient must present proof of payment prior to receiving a cost share payment.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
HIKE/BIKE TRAIL:  General Manager Ron Bishop reviewed the past discussions and actions the board had taken on the proposed Central City/Marquette hike/bike trail beginning in the spring of 2007.  In May 2007 the board instructed staff to meet with representatives from the Upper Big Blue NRD, Merrick County, Hamilton County, Central City and Marquette to see if there was interest in establishing an interlocal agreement, which was done. Ron said in May last year Milt Moravek reported to the board on this item.  He reviewed a proposed interlocal agreement that had been developed.  The IA spelled out that Central Platte NRD would be responsible to hold title to the land, act as the contracting local organization, and would apply for the ISTEA grant funds.  Maintenance was also discussed.  Ron reviewed the discussion from that May board meeting.  At that meeting a motion was made concerning whether or not the board wanted Milt to proceed with contacting the other entities about getting input from potential participants on the proposed interlocal cooperative agreement.  Motion failed on a vote of 7 to 9.  Ron said as he recalled staff was instructed to not take the lead in developing an interlocal agreement but to refer it to the city of Central City and the other individuals that were interested and to see if they developed anything to bring back to us. Ron said several individuals were at this meeting concerning the proposed trail.  Individuals were invited to address the issue.   Clint Peterson said he was representing the village of Marquette in the place of the mayor who was unable to attend.   He said Central City and Marquette have voted to pursue forming a joint public agency for the purpose of developing the trail.  He spoke in favor of the trail, listing the benefits to the communities and area and asked Central Platte NRD to join in the agency.  
     Chris Anderson, Central City Administrator, addressed the board.  He reviewed the benefits to Central City and area including adding to the quality of life, attracting people and business to the community, etc.  He reported that the City Council has discussed becoming a member of a Joint Action Agency.  This would be a separate agency, allowed by State statute, that could be formed and that would own the trail. The new agency would be entirely separate from the entities that create it.  The city, village, counties and NRDs could be founding members, with each having a board member on the new agency.  The agency would also not have any taxing authority.  Chris said, “What we’ve done to this point is, we’ve voted to pursue membership in it, that does not mean that the City has authorized us to join yet.  What we would like to do is see if there are other partners that would like to do it; draw up the legal paper work if there is and then if that legal paperwork looks acceptable to our elected officials then we could make the decision on whether to join it or not”.   He also briefly discussed annual maintenance costs which are estimated to be about $1,000.00 a mile.  In response to a request from Mick Reynolds Ron said a copy of a map of the proposed trail would be sent to the directors. 
     An individual in the audience said there is a piece of land that is needed to be acquired between Marquette and Central City.  Chris Anderson explained that the City of Central City has been unsuccessful for the last several years in trying to negotiate the purchase of land in between the city limits and the river.  It is part of a larger issue regarding the relocation of Highway 14.  When the highway is relocated the piece that the railroad owns in between the city limits and river becomes a remnant that neither the Department of Roads nor the railroad would have any use for.  He said, “If that project proceeded it is our hope that the city would acquire that remnant”.
     Ladd Reeves asked Chris if any other entities have been approached.  Chris said Hamilton County was approached.  It was his understanding that they did not take action to support the project.  He said they went to the Upper Big Blue NRD and appeared before a committee.  The committee voted three to six not to support the project.  Ladd asked what other entity they plan to talk to.  Chris said he thought Merrick County was the only one they have not talked to so far.   Considerable discussion followed including comments from individuals in attendance who were opposed to the proposal.  Mick Reynolds made the motion to table this item until the July meeting in order to get more information.  Ladd Reeves seconded the motion.  All board members present, voting by roll call vote, were in favor except Stephen Schuppan who voted no and Jim Shiers who abstained.  Motion carried.
FISCAL 2010 BUDGET – ADOPT PROPOSED BUDGET OF EXPENDITURES & SET HEARING: Ron said the budget worksheets had been sent to the directors.  He said the committees and Budget Committee took a very conservative approach to this year’s recommendations.  He compared last year’s budget and NRD requirements to the recommended Fiscal 2010 requirements.  He explained that it will be June 30th before actual liabilities as well as ending balances for cash, investments and county treasurers will be known.  Ron said it is estimated that the property tax requirements may be down near a half million dollars.  He said the Budget Committee is recommending that the budget of expenditures be approved for purposes of holding the public budget hearing.  Mick Reynolds said the worksheets that were mailed did not have the two reductions that the Budget Committee recommended under the Project Operation and Maintenance line item.  One was to reduce the maintenance for the ultra sonic flow meters by $5,000.00 and the other was to eliminate the $600.00 for the pesticide/bacteria lab. Ron said that was an oversight and would be corrected.   Following a brief discussion Stephen Schuppan made the motion to approve the recommended budget of expenditures,  including the two reported reductions,  for purposes of holding the public budget hearing scheduled for July 23rd.  Mike Dobesh seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Ron said the Budget Committee will meet prior to the July board meeting for a final review and may have some recommended changes for the board’s consideration at the hearing prior to the board meeting.  The board can adopt the proposed budget or an amended version.    
TREE & WEED BARRIER REPORT:  Kelly Cole briefly reported on the 2009 tree sales and planting, and weed barrier sales and installations (see enclosed). 
COST SHARE PROGRAM:  Applications -- Kelly reported that we have received applications for the following cost share programs: Fertilizer Calibration Meters and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended they be approved.  Alicia Haussler made the motion to approve the cost share applications as reported.  Jay Richeson seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
FINANCIAL REPORTS:   Jim Bendfeldt made the motion that the June financial report be approved.  Dick Mercer seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
CONTACT UPDATES: Marcia Lee handed out a sheet with the directors’ contact information.  It was requested that any changes or corrections be marked on the handout and returned to Marcia. 
GMDA SUMMER CONFERENCE REPORT:  Ron briefly reviewed the discussions held at the GMDA conference including the conflict on the Republican River.  He said the negotiators from Kansas, Colorado and Nebraska each explained their state’s positions.  
OTHER BUSINESS: NARD Board Meeting and Tour – Bill Vasey, Central Platte NRD’s NARD representative, briefly reported on their June board meeting that had been held in Grand Island.  He said they had a two day tour.  The first day included the Silver Creek Flood Control Project, Warm Slough Flood Control Project, a prescribed burn site at the Heartland Shooting Park, the Wood River Flood Control Project, Eagle Scout Park that is part of the Moores Creek Flood Control Project, and the Prairie/Silver/Moores Creek Flood Control Project.  The second day included surface irrigation projects in Dawson County, Monsanto Learning Center south of Gothenburg, drove through the area of the proposed Elm Creek Flood Control Project, and the Platte River program farms.
District Tour – General Manager Ron Bishop discussed having a one day tour of district projects.  An early September date was suggested.
Next Board Meeting – Scheduled for the afternoon of July 23rd.  Details to follow.  UPCOMING EVENTS – As listed on the Agenda.   ADJOURN:   Vice Chairman Kyes adjourned the meeting at 3:47 p.m.

May 28, 2009
CALL TO ORDER: Chairman Barry Obermiller called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  ATTENDANCE:  Board members present were:  LeRoy Arends, Dwayne Margritz, Jay Richeson, Jim Bendfeldt, Dick Mercer, Stephen Schuppan, Mike Dobesh, Barry Obermiller, Steve Sheen, Alicia Haussler, Ladd Reeves, Jim Shiers, Brian Keiser, Marvion Reichert, Ed Stoltenberg, Ed Kyes, Mick Reynolds      Board members absent/excused – Bob Schanou, Bill Vasey, Jerry Wiese and Scott Woodman.  Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner - GIS Assistant.  Others present – Jennifer Schellpeper and Jim Schneider – NE Dept. of Natural Resources, Lincoln, Jeff Shafer – NPPD, York, Jerry Kenny – Platte River Recovery Implementation Program, Kearney, Lori Potter – Kearney Hub, Grant Linder – NRCS, Grand Island, Tania Bergos Hdz – NRCS, Grand Island, Bart Nichols – Sargent Irrigation, Gothenburg, Kevin Prior – Olsson Associates, Grand Island.             
MEETING NOTICES: Chairman Obermiller reported that the notices of the meeting had been sent to the news media as required by law. MEETING MINUTES: Marvion Reichert made the motion that the April minutes be approved as mailed.  Jim Bendfeldt seconded the motion.   All board members present, voting by roll call vote, were in favor except LeRoy Arends, Brian Keiser, Dwayne Margritz, Marvion Reichert, Jay Richeson, Jim Shiers and Ed Stoltenberg who all abstained.  Motion carried. 
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:  Chairman Obermiller asked if there were any announcements or other business for future meeting agendas.  Mick Reynolds said the South Central RC&D sent information on the NE Alliance for Conservation Environmental Education Conference that was going to be held in Kearney that evening through Saturday.  He said if any of the directors were interested he could provide them with information. 
PUBLIC FORUM: Chairman Obermiller asked if anyone wanted to address the board on any item not included on the agenda.  There were no requests to speak. 
NATURAL RESOURCES CONSERVATION (NRCS) REPORT:  Grant Linder reported on the 2009 Cooperative Conservation Partnership Initiative.    
EXCUSED ABSENCES:  Chairman Obermiller reported that Bob Schanou, Bill Vasey, Jerry Wiese and Scott Woodman had requested to be excused.  Marvion Reichert made the motion that the absences be excused as requested.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor. Motion carried.
WESTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATIONS:  Dick Mercer, committee chairman, reported on their meeting held earlier that afternoon.   
B-1 Water – Dick said that for several years we have been taking water into the B-1 reservoir every three years.  He explained that the law states we can take water every five years and still maintain the District’s water right.  
He said a request has been made that the District take water more often than every three years.  Brian Keiser had reported on this and said several landowners in the area had requested water be put into the reservoir more often for the recharge benefit.  It was also reported that the District pays $6,000.00 annually for maintenance of the canal.  On the years that we take water the cost is approximately $38,000.00 but we do not pay the annual maintenance charge.  Dick said the Western Projects Committee is recommending, and he made the motion, that starting in 2010 the District put water into the B-1 reservoir every other year.  Brian Keiser seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
Elm Creek Watershed – General Manager Ron Bishop said the committee heard a report from Jerry Kenny, Executive Director of the Platte River Recovery Implementation Program, on the Program’s interest in supplemental storage that would store augmentation water to the river and the importance of that to the Platte River program.  Ron said the Western Projects Committee is recommending that the board authorize him to work with Jerry Kenny to develop a draft memorandum of understanding between Central Platte NRD and the PRRIP.  The memorandum of understanding would outline the Program’s involvement in the project itself and financing assistance to the project. The draft would be brought back to the board for review and action.  The committee is also recommending the authorization of the signing of a contract with Olsson Associates to do some expanded studies that also tie into the Platte River Program’s needs.  Those studies would be an expanded study on the delivery canal capacity because we only have a certain amount of time that we can take water and still comply with the target flows of the U.S. Fish and Wildlife Service on the river, it would look at the discharge capacity of the stream back to the river, it would look at more detail on groundwater impacts and more detail on sizing options for the storage. In answer to a question Ron said the Olsson Associates expanded study costs would be:  The reservoir modification @ $29,495.00, expanding the groundwater impacts @ $38,270.00 and the Dawson County Canal capacity @ $30,000.00.  It was stated that one of the purposes of the memorandum of understanding would be to spell out what financial assistance the Program would provide for the expanded study.  Ron said the State of Nebraska has also indicated an interest in helping on not only this part of the study, but perhaps one or two more studies through the Platte River Program.  Jerry Kenny spoke on their interest in assisting with the studies and participating in the project.
     Dick Mercer said the committee also had considerable discussion on what this would mean to the area around Elm Creek and that it is the intent that there would be no detrimental effects to the ground water level in the area.  He said, “It is an excellent opportunity to cooperate with another group and it also increases the benefits across the whole NRD when it comes to offsets and depletions.” 
Dick Mercer made the motion that the Board authorize General Manager Ron Bishop to sign a contract with Olsson and Associates to do expanded studies on the Elm Creek project on delivery canal capacity, discharge capacity, groundwater impacts, and size options for the storage reservoir.  Also, authorize him to work with Jerry Kenny, Executive Director of the Platte River Recovery Implementation Program, to develop a draft memorandum of understanding to outline the joint efforts on the Elm Creek Project.  Jim Bendfeldt seconded the motion.  Discussion followed on the funding of the study and whether the expanded studies would be done if there were no other partners to share the cost.  Mick Reynolds made a motion to amend the original motion to read ‘the final Olsson studies would be dependent upon approval of the final memorandum of understanding by the board.’  In answer to a question to clarify the original motion Ron said the recommendation from the Western Projects Committee was to authorize him to get Olsson Associates going on the studies and at the same time work out a memorandum of understanding with the Platte River Program, and that the MOU be brought back to the board before it is signed.  Ron said the motion would obligate Central Platte NRD to spend the money for the expanded studies, and the MOU would spell out how the cost would be split up.   Motion to amend the original motion died for lack of a second.   Roll call vote on the original motion was taken.  Board members in favor were:  LeRoy Arends, Jim Bendfeldt, Mike Dobesh, Alicia Haussler, Brian Keiser, Ed Kyes, Dwayne Margritz, Dick Mercer, Barry Obermiller, Ladd Reeves, Marvion Reichert, Jay Richeson, Steve Sheen, Jim Shiers and Ed Stoltenberg.  Voting opposed were Mick Reynolds and Stephen Schuppan.  Motion carried 15 to 2. 
VARIANCE/APPEALS SUBCOMMITTEE-REPORT & RECOMMENDATIONS:  Certified Acre Appeal -- Jim Bendfeldt, chairman of the subcommittee, reported on the hearing held earlier that day.  He said Terrence and Rebecca Trentman are requesting that the NRD certify 26 acres in Howard County.  The land has been in continuous alfalfa since the 1980’s and is sub-irrigated.  They are not in the farm program and the land is not listed as irrigated by the County Assessor; however, Mr. Trentman brought in receipts for propane and pump repair for the well for the years 2003 and 2004.  This is the only land that they own.  Jim Bendfeldt made the motion to approve the Variance/Appeals Subcommittee’s recommendation that the appeal from Terrence and Rebecca Trentman be approved based on the receipts presented, the land has been in continuous alfalfa, and is sub-irrigated.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Water Bank Sale – Ron reported that Jack Theis from Merrick County wants to develop a piece of ground over there and is willing to buy approximately 20 acre feet of water from our water bank.  We have sufficient water available to make the sale.  Ron said he has the authority to make sales for 10 acre feet or less but more than that has to be brought before the board.  He said he would recommend the board approve the sale.   Mike Dobesh made the motion that approximately 20 acre feet of water be sold to Jack Theis of Merrick County as reported.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
BUDGET COMMITTEE REPORT:  Ron reported that the Budget Committee had met earlier that day and had reviewed the recommendations from the committees and staff.  They have developed a recommendation for the board’s consideration which will be sent to the directors prior to the June board meeting.  Ron said it appears the request for tax funds may be down as much at $250,000.00 from last year but we will not know for sure until the books are closed at the end of June.  At the June board meeting it will be necessary to adopt a proposed budget for purposes of holding the public budget hearing in July. 
INTEGRATED MANAGEMENT PLAN:  Re-adoption of CPNRD’s Integrated Management Plan with Recent Changes -- Ron reported that there are some suggested changes to Central Platte NRD’s IMP that the board adopted last month.  Copies were handed out to the directors.  Ron reviewed the suggested changes that he said make the IMP more clear and understandable.  He also said the suggestions have been agreed to by both the NE Dept. of Natural Resources and Central Platte NRD staff. 
Ron asked Jennifer Shelpepper with DNR what the State thought of this plan.  She said the proposed plan, as it has now been presented, would be a plan that the State would agree with.  As a point of clarification Ron said if the board approved this version, it would be approval of the amendments to the plan the board approved last month.  He also reviewed the fact that the board had already approved the Basin Plan.  Following a brief discussion Dick Mercer made the motion to approve the amended Central Platte NRD Integrated Management Plan, version dated 5/27/09.  Stephen Schuppan seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Jennifer Shelpepper with DNR presented a letter of support for the IMP as amended. Ron said he would send a letter to DNR outlining the action that the board has taken concerning the IMP and concerning the District’s rules and regulations that will be affected by the IMP.  He also reported that it will be necessary to set dates for the required public hearings on those two items.  The dates of July 7 and 8 have been suggested with one meeting in Lexington and one in Grand Island. 
Public Hearing Dates for the Basin Plan, the IMP, and the Rules & Regulations – Jay Richeson made the motion to authorize General Manager Ron Bishop to work with the NE Department of Natural Resources to set up the public hearings on the proposed Basin Plan, Central Platte NRD’s Integrated Management Plan, and Central Platte NRD’s Groundwater Management Plan Rules and Regulations changes. Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Changes on Rules & Regulations to Coincide with the IMP – Ron said in order to carry out the IMP we will have to make some minor adjustments to the District’s Groundwater Management Rules and Regulations.  Ron reviewed the proposed adjustments that had been sent to the directors prior to the meeting (see enclosed). It was also reported that the maps need to be updated.   Stephen Schuppan made the motion to approve the proposed changes to the Groundwater Management Plan Rules and Regulations for purposes of holding the public hearing.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Jim Bendfeldt was absent for the motion.  Motion carried. 
PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM:  Mark Czaplewski reported that the Governance Committee (GC) last met on April 7-8 in Kearney, and will meet next in Cheyenne on June 2-3.  The Independent Science Advisory Committee will meet for the second time next week and then will meet with the Governance Committee to address specific questions posed to them and discuss their perspective on the science the Program is relying on to guide and adaptively manage Program activities.  Mark reported that the U.S. Fish and Wildlife Service has completed a planned flow routing test that started with releases from Lake McConaughy on April 9th and ran through April 16th.   Over this weeklong period the Service released approximately 23KAF of water from the Environmental Account (EA) they manage in the Lake and tested their ability to manage and track these flows through the central Platte.  Water was shepherded down the river producing a three-four day short duration high flow of approximately 3700-3800 cfs at Overton.  Some of this water, approximately 1100 cfs, intentionally bypassed Central NPP&ID’s facilities.  Intense monitoring occurred during the release, including participation by the Service, Nebraska DNR, Program staff and other partners.   The estimated amount of EA water remaining in Lake McConaughy after the release is 85KAF.   The Service considers the test effort successful and will use information gathered in this effort to help with future planned releases for endangered species and channel maintenance.  The GC approved five-year management plans for the Wyoming Property (located southeast of Kearney) and Cottonwood Ranch (located between Overton and Elm Creek).  The GC has approved moving forward with appraisals and negotiations on several tracts and are in the process of finalizing acquisition of those tracts.  The GC authorized final purchase and closing on Tract 815 (370 acres on the river west of Overton) , Tract 839 (594 acres near Cottonwood Ranch)  and the Program has closed on and now owns four properties, Tract 803 (140 acres south east of Elm Creek), Tract 842 (182 acres west of the Highway 10 bridge), Tract 804 (360 acres west of the Overton Bridge), and Tract 847 (300 acres west of the Highway 10 Bridge).  These acquisitions would add a total of approximately 1946 acres to the Program’s 10,000 acre first increment land goal.  Including the 2650 acre Cottonwood Ranch property owned by NPPD and the 470 acre tract owned by Wyoming, that would bring the Program land total to 5066 acres.
PLATTE BASIN HABITAT ENHANCEMENT PROJECT (PBHEP):  Mark reported the Project sponsors continue to meet regularly to work out the fine details between each other and with the Nebraska Environmental Trust.  He said a draft of the Interlocal Cooperation Agreement for the PBHEP was sent to the directors in advance of the board meeting.  He said the District has been working closely with the upstream NRD’s in the basin as well as the Department of Natural Resources and Game and Parks to complete the Agreement.  He said they are requesting the board’s approval for Ron Bishop to sign the Agreement when it is finalized.  There was one item in the draft Agreement provided that was yet to be finalized on the bottom of page 12.  Mark said that item has since been addressed and said they do not anticipate any substantive changes.  However, if one arises, it would be brought back to the board for consideration.  He said the Agreement has received a thorough review by our legal counsel and is very similar in its approach and form to the COHYST Interlocal Agreement.  
Alicia Haussler made the motion that General Manager Ron Bishop be authorized to sign the Platte River Habitat Enhancement Project Interlocal Agreement when it is finalized.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
LEGISLATION REPORT: Milt briefly reviewed the legislation affecting NRDs and natural resources. He said Friday would be the final day of the session.  He said the final copy of the NARD Legislative Report would be sent to the directors. 
COST SHARE PROGRAM:  Request for Transfer of Funds – Kelly requested the board approve transferring $6,000.00 from the Flow Meter Program to the Well Decommissioning Program and $200.00 from the Fertilizer Calibration Meter Program to the Surge Valve Program.  
Ladd Reeves made the motion to approve the transfers as requested.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Jay Richeson and Ed Stoltenberg were absent for the motion. Applications -- Kelly reported that we have received applications for the following cost share programs: Surge Valve, Flow Meter,  and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended they be approved.  Alicia Haussler made the motion to approve the cost share applications as reported.  Mike Dobesh seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
FINANCIAL REPORTS:   Marvion Reichert made the motion that the May financial report be approved as read by Ron Bishop.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
LR 181 – NRD REORGANIZATION:  The legislative resolution was briefly discussed (see enclosed).  Ron reported that NARD is sponsoring an information meeting in North Platte on June 15th to discuss and get input on the resolution.  Ron asked if any of the directors would be able to attend.  Jim Bendfeldt, Dick Mercer, Marvion Reichert and Stephen Schuppan indicated they would plan to attend.  
AUGUST BOARD MEETING – DATE CHANGE REQUEST:  Ron recommended that the August board meeting be held a week later than usual as was done last year.  He said this is because there might not be enough time to get the public hearing notice to set the levy to the newspapers from the time we get the assessment information from the counties. 
Stephen Schuppan made the motion that the August board meeting be changed to Thursday, September 3rd.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
UPCOMING EVENTS – As listed on the Agenda.   OTHER BUSINESS: Next Board Meeting – Scheduled for the afternoon of June 25th.  Details to follow.   ADJOURN:   Chairman Obermiller adjourned the meeting at 4:02 p.m.

April 23, 2009
CALL TO ORDER: Chairman Barry Obermiller called the meeting to order at 3:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.   ATTENDANCE:  Board members present were: Jim Bendfeldt  Barry Obermiller  Stephen Schuppan   Mike Dobesh  Ladd Reeves  Steve Sheen   Alicia Haussler   Mick Reynolds  Jerry Wiese    Ed Kyes   Bob Schanou     Scott Woodman   Dick Mercer    Board members absent/excused – LeRoy Arends, Brian Keiser, Dwayne Margritz, Marvion Reichert, Jay Richeson, Jim Shiers, Ed Stoltenberg, and Bill Vasey. Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner - GIS Assistant.    Others present – James Huntwork – Liaison D.C., Grand Island, Mike Pavel - NRCS, Kearney, Doug Hallum and Jennefer Schellpepper – NE Dept. of Natural Resources, Lincoln, Doreen Pfost – Kearney, Randy Zach – NE Public Power District, Bart Nichols – Gothenburg.            
MEETING NOTICES: Chairman Obermiller reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Dick Mercer made the motion that the March minutes be approved as mailed.  Bob Schanou seconded the motion.   All board members present, voting by roll call vote, were in favor except Alicia Haussler who abstained.  Motion carried.  ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:  Chairman Obermiller asked if there were any announcements or other business for future meeting agendas.  There was none.
PUBLIC FORUM: Chairman Obermiller asked if anyone wanted to address the board on any item not included on the agenda.  Mick Reynolds said he had received an email from Randy Gunn, South Central Nebraska RC&D Coordinator, concerning a job opportunity in northeast Nebraska (see enclosed).     
NATURAL RESOURCES CONSERVATION (NRCS) REPORT:  Mike Pavel, NRCS R.C., Kearney reported on their activities in Buffalo County.  James Huntwork, Liaison D.C., Grand Island, reported on the 2009 EQIP, Nebraska Invasive Plant Species Special Initiative.                        
EXCUSED ABSENCES:  Chairman Obermiller reported that LeRoy Arends, Brian Keiser, Dwayne Margritz, Marvion Reichert, Jay Richeson, Jim Shiers, Ed Stoltenberg, and Bill Vasey had requested to be excused.     Scott Woodman made the motion that the absences be excused as requested.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor. Motion carried.
PROGRAMS COMMITTEE – REPORT & RECOMMENDATIONS: Bob Schanou, committee chairman, reported on their meeting held earlier that day.  They worked on their budget recommendations which will be forwarded to the Budget Committee.   Scholarships Bob said the committee reviewed the applications that were received.  Ten scholarships will be awarded for $1,000.00 each.  He said the committee members were not given the names of the applicants, only their major, the natural resource field that it applies to, their school grade level, the college they are attending, the county they live in, and their grade point average.  $500.00 of the scholarship will be paid for the first semester and the remaining $500.00 paid for the second semester after they have submitted their approved grade point average to the District.   Bob Schanou made the motion that applicants one through four and six through 11 be approved as recommended by the Programs Committee. Scott Woodman seconded the motion.  All board members present, voting by roll call vote, were in favor, except Mick Reynolds who abstained and Steve Sheen who was absent for the motion.  Motion carried.
WESTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATIONS:  Dick Mercer, committee chairman, reported they had worked on their Fiscal 2010 budget recommendations, which will be forwarded to the Budget Committee.  They also heard a status report from Miller and Associates on the proposed Odessa drainage project. 
WATER RESOURCES COMMITTEE – REPORT & RECOMMENDATIONS:  Scott Woodman, committee chairman, reported on their meeting held earlier that day.   Fully & Over-appropriated Designation He said that HDR engineer, John Engle, had reported on the difference between fully and over-appropriated designations.   Fiscal 2010 Budget – Scott said they had worked on the Fiscal 2010 budget recommendations and will forward them to the Budget Committee. 
CPNRD’s Integrated Management Plan – He said the committee had met April 2nd and recommended at that meeting to recommend to the full board that the draft IMP be approved.   Scott Woodman made the motion that the board approve the proposed Central Platte NRD Integrated Management Plan as reviewed at the April 2nd Water Resources Committee meeting.  Ladd Reeves seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Steve Sheen was absent for the motion. Ron said he would send a letter to the Department of Natural Resources notifying them of the board’s action.  Scott also asked that Ron send the board a letter when the numbers of the difference between over and fully appropriated are known. 
WASHINGTON D.C. LEGISLATIVE CONFERENCE REPORT:
Dick Mercer, Mick Reynolds, Jim Bendfeldt and Ron Bishop gave brief reports on the conference. 
WATER BANKING UPDATE:  Ron handed out a copy of the water bank status report, showing water rights that have been acquired, that currently total 1269.95 acre feet back to the river.  A little less than one half is from surface water but Ron said he is working to even that out.  He said a number of purchases are pending that involve about 300 acre feet.  Ron said he also had several that are “potentials”.  He also reviewed the water rights that are available to users below Elm Creek. 
PLATTE BASIN HABITAT ENHANCEMENT PROGRAM REPORT: Mark Czaplewski reported that on April 2nd the Nebraska Environmental Trust Fund board met and awarded the PBHEP a three million dollar grant, one half of the amount requested in the application.  He reviewed the fact that this will be a cooperative endeavor between the NE Dept. of Natural Resources, the five NRDs in the Platte Basin, and the NE Game and Parks Commission.  Mark said the draft interlocal cooperative agreement amongst the group  is still being developed and it is hoped that it can be brought to the board for review and action next month.   Mark said Central Platte NRD will be the contract administrator for the NET and he will act as coordinator for the PBHEP group.  The interlocal cooperative agreement being drafted calls for an administrator be appointed for each member agency of the group.  It is being recommended that Ron Bishop be named as the administrator and that he (Mark) be named as Ron’s alternate.   Alicia Haussler made the motion that General Manager Ron Bishop be named as the Platte Basin Habitat Enhancement Program administrator and that Mark Czaplewski be named as his alternate.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. 
COOPERATIVE HYDROLOGY STUDY (COHYST) REPORT:  Duane Woodward reported that the Sponsors Group will be meeting on May 1st.  He said they are developing the Phase 3 operating plan and related budget.  Duane also reported that the Upper Big Blue NRD is going to drop out of the COHYST sponsorship because the direction the project will take in the future does not have as much application for that NRD as it did in the earlier phases.      
LEGISLATION REPORT:  Milt Moravek briefly reported on proposed legislation dealing with natural resources.  He handed out a copy of the latest NARD report and said the reports are mailed to the directors as they are received from the Association. 
COST SHARE PROGRAM:  Request for Transfer of Funds – Kelly requested the board approve transferring $3,000.00 from the Reuse Pit Program and $5,000.00 from the Urban Forestry Program to go to the Well Decommissioning Program.    Dick Mercer made the motion to approve the transfer from the Reuse Pit Cost Share Program and the Urban Forestry Program for the Well Decommissioning Program as requested.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Applications -- Kelly reported that we have received applications for the following cost share programs: Streambank Stabilization, Surge Valve, Flow Meter, Fertilizer Calibration Meter, Tree Planting, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended they be approved.  Alicia Haussler made the motion to approve the cost share applications as reported.  Mike Dobesh seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
FINANCIAL REPORTS:   The March financial report had been mailed with the meeting minutes.  Chairman Obermiller explained that he would abstain from voting on the April financial report because his company had installed the gutters on the office building (damaged from last year’s hail storm).  Jim Bendfeldt made the motion that the March and April financial reports be approved.  Ed Kyes seconded the motion.  All board members present, voting by roll call vote, were in favor, except Barry Obermiller, who abstained.  Motion carried.
OTHER BUSINESS: Next Board Meeting – Scheduled for the afternoon of May 28th.   Details to follow.   ADJOURN:   Chairman Obermiller adjourned the meeting at 4:06 p.m.

March 19, 2009
CALL TO ORDER: Chairman Barry Obermiller called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  
ATTENDANCE:  Board members present were:
LeRoy Arends, Ladd Reeves, Jim Shiers, Mike Dobesh, Marvion Reichert, Ed Stoltenberg, Ed Kyes, Mick Reynolds, William Vasey, Dwayne Margritz,  Jay Richeson, Jerry Wiese, Dick Mercer, Stephen Schuppan, Scott Woodman, Barry Obermiller, Steve Sheen  Board members absent/excused – Jim Bendfeldt, Alicia Haussler, Brian Keiser and Bob Schanou. Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner - GIS Assistant.   Others present – Grant Linder – NRCS, Grand Island, Lori Potter – Kearney Hub, Justin Brei – Platte River Recovery Implementation Program, Bart Nichols – Gothenburg, Jeff Shafer – NE Public Power District.          
MEETING NOTICES: Chairman Obermiller reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Dick Mercer made the motion that the February minutes be approved as mailed.  Scott Woodman seconded the motion.   All board members present, voting by roll call vote, were in favor except LeRoy Arends, Mike Dobesh, Dick Mercer, Barry Obermiller, Marvion Reichert and Jerry Wiese who abstained.  Motion carried. 
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:  Chairman Obermiller asked if there were any announcements or other business for future meeting agendas.  There was none.
PUBLIC FORUM: Chairman Obermiller asked if anyone wanted to address the board on any item not included on the agenda.  No one spoke at that time.  
NATURAL RESOURCES CONSERVATION (NRCS) REPORT:  A report was given by Grant Linder, NRCS, Grand Island.                     
EXCUSED ABSENCES:  Chairman Obermiller reported that Jim Bendfeldt, Alicia Haussler, Brian Keiser and Bob Schanou had requested to be excused.  Marvion Reichert made the motion that the absences be excused as requested.  Scott Woodman seconded the motion.  All board members present, voting by roll call vote, were in favor. Motion carried.
OPENING PRAYER DISCUSSION & POSSIBLE ACTION:  General Manager Ron Bishop reported that Mike Dobesh had requested this item be put on the agenda for further discussion because he was unable to attend last month’s meeting to present his support of having an opening prayer.  It was stated that a motion would have to be passed in order for the item to be put on the agenda.  
Mike Dobesh made the motion that the item be put on the agenda to be discussed at next month’s board meeting.  Stephen Schuppan seconded the motion.  Board members voting in favor were LeRoy Arends, Mike Dobesh, Ed Kyes, Dwayne Margritz, Stephen Schuppan and Steve Sheen.  Board Members voting against were Dick Mercer, Barry Obermiller, Ladd Reeves, Marion Reichert, Mick Reynolds, Jay Richeson, Jim Shiers, Ed Stoltenberg, Bill Vasey and Jerry Wiese.  Scott Woodman abstained.  Motion failed with six in favor, 10 opposed and one abstaining. 
VARIANCE/APPEALS SUBCOMMITTEE – REPORT & RECOMMENDATION: Jay Richeson reported on the request from Leo and Roger Sylvan of Gothenburg.  They would like to put a pivot on a tract that has two areas that are Class 7 soils.  The total variance was for approximately one-half of one percent of the total irrigated acres.  The slope that this would water is less than a five percent slope.   Jay Richeson said the Variance/Appeals Subcommittee is recommending, and he made the motion, that the variance request from Leo and Roger Sylvan be approved as long as the area stays in grass, it is not farmed, and it is offset at the rate of one and a half times the .3 acre of Class 7 soils.  Dwayne Margritz seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
EASTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATIONS: Mick Reynolds, committee chairman, reported on their meeting held earlier that day.  He said they reviewed the budget recommendations for the eastern projects and said they would be forwarded to the Budget Committee.
WATER RESOURCES COMMITTEE – REPORT & RECOMMENDATIONS:  Scott Woodman, chairman of the committee, reported on their meeting held earlier that day.
Repeated Trips for Chemigation Inspection – He said the committee discussed information that Dan Clement had presented concerning a problem with repeat chemigation inspections.  There have been times they have had to go to the same site several times before the system finally passes.  The cost of a new chemigation permit is $30.00 with $5.00 going to the State and $10.00 for a renewal with $2.00 going to the State.  Scott said the Water Resources Committee is recommending that if staff has to make a second trip out to do an inspection it would cost $30.00, and a third trip would cost $50.00.  Staff would be allowed to use their discretion.  Bill Vasey seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
Stakeholders’ Comments & CPNRD’s Integrated Management Plan – Scott said the committee also discussed the latest draft of the Integrated Management Plan, dated March 17th,  and stakeholder’s comments.  He said the Water Resources Committee will be meeting April 2nd at 10:30 a.m.  It is hoped the IMP can be to the point where it can be presented to the directors at the April board meeting. 
BASIN WATER RESOURCES MEETING REPORT:
  Jay Richeson, Dick Mercer, Ladd Reeves, Dwayne Margritz, Bill Vasey and Ron Bishop briefly reported on the joint Water Resources Committees’ meeting held in North Platte.  The five Platte Basin NRDs (Central Platte, North Platte, South Platte, Twin Platte and Tri Basin) met to discuss such matters as the possibility of transferring water from one NRD to another and the issues we are facing as part of the Integrated Management Plan, the Platte River Recovery Program, and the LB 962 requirement of getting back to fully appropriated. Having the five basin NRDs meet once or twice a year was supported.        
PLATTE BASIN HABITAT ENHANCEMENT PROGRAM REPORT: Mark Czaplewski reported that the sponsors and partners met on March 6th to get things started.  He said we do not have final word on our application for the Nebraska Environmental Trust fund grant.  He said the group will know April 2nd and it looks like one half of the $6,000,000.00 request will be approved, to be paid out over a three year period.  The draft interlocal cooperative agreement is being reviewed by the sponsors at this time.  The agreement will be brought to the board for review and action, probably in April.  Mark said the board will also be asked to name Central Platte NRD’s representative on the sponsors group.  He said the recommendation will probably be that Ron be the representative with himself as alternate.  Mark said Central Platte NRD will be the contract administrator for the NET and will act as coordinator for the whole group.
LEGISLATION REPORT:  Milt Moravek briefly reported on proposed legislation dealing with natural resources.  He handed out a copy of the latest NARD report and said the reports are mailed to the directors as they are received from the Association. 
COST SHARE PROGRAM:  Request for Transfer of Funds – Kelly requested the board approve transferring $4,000.00 from the Reuse Pit Program to go to the Surge Valve Program, and $15,000.00 from the Prescribed Fire Cost Share Program to go to the Center Pivot Incentive Program.  Marvion Reichert made the motion to approve the transfer from the Reuse Pit Cost Share Program for the Surge Valve Program, and the Prescribed Fire Program for the Center Pivot Incentive Program as requested.  Jay Richeson seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Applications -- Kelly reported that we have received applications for the following cost share programs: NE Soil & Water Conservation Program, Center Pivot Incentive, Surge Valve, Fertilizer Calibration Meter, Flow Meter, Tree Planting, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended they be approved.   Jerry Wiese made the motion to approve the cost share applications as reported.  Jay Richeson seconded the motion.  All board members present, voting by roll call vote, were in favor, except Mike Dobesh who abstained.  Motion carried.
FINANCIAL REPORT:  Due to the meeting being one week early there was no financial report.  It was reported it would be mailed with the meeting minutes. 
UPCOMING EVENTS: Reminder of Water Resources Committee meeting scheduled for Thursday, April 2nd.
OTHER BUSINESS: Next Board Meeting – Scheduled for the afternoon of April 23rd.  Details to follow.   ADJOURN:
   Chairman Obermiller adjourned the meeting at 2:45 p.m.

February 26, 2009
CALL TO ORDER: Vice Chairman Ed Kyes called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  ATTENDANCE:  Board members present were: Jim Bendfeldt, Mick Reynolds, Jim Shiers, Alicia Haussler, Jay Richeson, Ed Stoltenberg, Brian Keiser, Bob Schanou,        William Vasey, Ed Kyes, Stephen Schuppan, Scott Woodman, Dwayne Margritz, Steve Sheen, Ladd Reeves   Board members absent/excused – LeRoy Arends, Mike Dobesh, Dick Mercer, and Barry Obermiller.  Jerry Wiese said he would try to get to the meeting but he would be late.    Note:  Marvion Reichert had requested to be excused from the meeting but his name was mistakenly left off the list.  Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner - GIS Assistant.   Others present – James Huntwork – NRCS Liaison D.C., Grand Island, Lori Potter – Kearney Hub, Justin Brei – Platte River Recovery Implementation Program, Tom Schleif – NRCS Resources Conservationist, Merrick County, Randy Zach – NPPD, Columbus, Dan Wagoner – Hall County Board, Bart Nichols – Sargent Irrigation, Gothenburg.        
MEETING NOTICES: Vice Chairman Ed Kyes reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Alicia Haussler made the motion that the January minutes be approved as mailed.  Jim Bendfeldt seconded the motion.   All board members present, voting by roll call vote, were in favor except Jim Shiers who abstained.  Motion carried. 
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:  Vice Chairman Kyes asked if there were any announcements or other business for future meeting agendas.  There was none.
PUBLIC FORUM: Vice Chairman Kyes asked if anyone wanted to address the board on any item not included on the agenda.  No one spoke at that time.  
NATURAL RESOURCES CONSERVATION (NRCS) REPORT:  Reports were given by Tom Schleif, NRCS Resources Conservationist, Merrick County and James Huntwork, NRCS Liaison District Conservationist (see enclosed).                   
EXCUSED ABSENCES:  Vice Chairman Kyes reported that LeRoy Arends, Mike Dobesh, Dick Mercer, and Barry Obermiller had requested to be excused.  Jerry Weise   had indicated he would try to be at the meeting later. Alicia Haussler made the motion that the absences be excused as requested.  Bill Vasey seconded the motion.  All board members present, voting by roll call vote, were in favor. Ed Stoltenberg was absent for the motion.  Motion carried.
OPENING PRAYER DISCUSSION & POSSIBLE ACTION:  Vice Chairman Kyes said that last month Mike Dobesh had suggested the board consider having an opening prayer at the board meetings. Discussion followed. General Manager Ron Bishop reported that he had asked our attorney Cathy Allen about this matter and she said there would be nothing to prevent the board from having an opening prayer; however, the name of Jesus Christ cannot be mentioned in the prayer because there are other religions that do not recognize Jesus as their Savior.  Further discussion followed.   Ladd Reeves said in order to get the issue decided he would make the motion that the board not have an opening prayer at the meetings.  Jay Richeson seconded the motion.  Board members voting in favor were Jim Bendfeldt, Alicia Haussler, Brian Keiser, Ed Kyes, Dwayne Margritz, Ladd Reeves, Mick Reynolds, Jay Richeson, Steve Sheen, Jim Shiers, Ed Stoltenberg and Bill Vasey.  Voting opposed were Bob Schanou and Stephen Schuppan.  Scott Woodman abstained.  Motion carried 12 to 2 with one abstaining.
PROGRAMS COMMITTEE – REPORT & RECOMMENDATIONS:  Bob Schanou, chairman of the committee, reported on their meeting held earlier that day.  He said they continued their discussion of possible changes to some of the cost share programs, including recommendations to eliminate some of them.  He said the Programs Committee is recommending, and he made the motion, that the Fertilizer Calibration Cost Share Program be eliminated, effective July 1st.  Mick Reynolds seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Bob said the Programs Committee is recommending, and he made the motion, that the Reuse Pit Cost Share Program be eliminated, effective July 1st.  Mick Reynolds seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   In answer to a question Kelly Cole said we have not received a request for reuse pit cost share for the last two years.   Bob said the Programs Committee is recommending, and he made the motion, that the Surge Valve Cost Share Program and related pipe line be eliminated, effective July 1st.  Jay Richeson seconded the motion.  In answer to a question Bob said the committee is looking at reassigning some of the dollars from the eliminated programs, for instance making more funds available for the invasive species control program.  Also, there are funds available from the State’s Soil and Water Conservation Program for surge valves and reuse pits.  The motion on Surge Valves was voted on.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Bob also reported that they discussed the suggestion to provide cost share to convert irrigation wells from oil lubricated to water lubricated and said they felt information could be made available as a method of education but are not suggesting a new cost share program.  He said they will meet again in March to continue their review. 
WATER RESOURCES COMMITTEE – REPORT & RECOMMENDATIONS:   Scott Woodman reported on their meeting held earlier that day. Stakeholders’ Comments & CPNRD’s Integrated Management Plan – Scott said Ron had gone through the comments.  The final draft is not done.  The Water Resources Committee will meet before the March board meeting and again April 2nd to continue working on the IMP.      
Water Banking Scott said Ron gave a status report on the water bank as well as the new proposed federal program from the Natural Resources Conservation Service that might be used to purchase water.
Water Resources Meeting With Other NRDs Scott said they discussed the water resources meeting with other NRDs that had been held on Monday. They talked about what the Platte River Recovery Implementation Program had for potential water demands to meet the Fish and Wildlife Service’s target flows and what the estimated water demands were for the basin to get back to fully appropriated.  They also talked about the fact that there is not enough groundwater irrigated acres in Nebraska to meet both demands if viewed as two separate demands. Scott indicated we need a motion to let Ron go ahead and work with the NRDs, the Dept. of Natural Resources and the Governor and give his and Central Platte NRD’s position.   Jim Bendfeldt made the motion to give General Manager Ron Bishop the authority to work with the NRDs, Dept. of Natural Resources and the Governor and give his and Central Platte NRD’s position concerning the Platte River Recovery Implementation Program as discussed at the Water Resources Committee meeting. Ron asked if the motion included adopting the position discussed during the Water Resources Committee meeting as Central Platte’s position.  It was stated that was correct.  Bill Vasey seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
Groundwater Coalition Meeting Scott said Ron had reviewed the fact that Central Nebraska Public Power & Irrigation District has filed with the court appealing a decision that was made by the North Platte NRD and are asking the court to overrule the position that the North Platte NRD has taken regarding allocation levels.   CNPP&ID is asking the court to cause the NRD to adopt a position where they do not irrigate land in Pumpkin Creek or at least cut back to the six to eight inches that CNPP&ID folks are getting.  Ron said the concern of the coalition members is that in that hearing process there might be some rulings made that impact other NRDs and their authority to regulate groundwater under the Nebraska Groundwater Management and Protection Act.  Scott then made the motion that Central Platte NRD intervene as a party to the hearing between Central Nebraska Public Power & Irrigation District and the North Platte NRD as Central Platte NRD individually, and as a part of the Groundwater Coalition.  Steve Schuppan seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
PLATTE RIVER PROGRAMS REPORTS: Platte River Recovery Implementation Program Mark Czaplewski reported that the Governance Committee (GC) last met on February 10th and 11th in Kearney.  Highlights of the meeting included an annual review of progress made in implementing the Program’s Adaptive Management Plan, a “learn by doing” method of continuing to evaluate Program effectiveness in addressing endangered species needs on the Platte.  Numerous monitoring and research efforts are underway, looking at everything from least tern and piping plover populations to wet meadow vegetation and sediment transport.  As part of that adaptive process, the GC agreed to revisit one of the Program’s objectives related to whooping cranes.  They will review how the Program approaches its efforts to aid in the recovery of whooping cranes, which currently looks at survivability of the species. Another significant GC action related to the land component of the Program, to date, the Land Advisory Committee has evaluated over 50 tracts of land and has recommended to the GC that several be acquired.  The GC has approved moving forward with the appraisals and negotiations on several of those tracts and has come to a meeting of the minds with four of these landowners.  They are in the process of finalizing acquisition of those tracts.  If acquired, they would add a total of approximately 996 acres to the Program’s 10,000 acre first increment goal.  Including the 2,650 acre Cottonwood Ranch property owned by NPPD and the 470 acre tract owned by Wyoming, that would bring the Program land total to 4,116 acres.On the water side of Program activities, the Water Advisory Committee continues to evaluate Water Action Plan alternatives and work with the US Fish & Wildlife Service in making plans for a pulse flow routing test release in April.
Platte Basin Habitat Enhancement Project – Mark reported that the Nebraska Environmental Trust (NET) recently listed the Project as one preliminarily noted for grant award – to the tune of $3 million over the course of the next three years.  The District, along with the upstream NRD’s in the Platte Basin, as well as the DNR and Game and Parks Commission, are co-sponsoring the Project, jointly contributing approximately $13 million in an effort to transfer roughly 30,000 acres of irrigated cropland to dryland cropland and native grassland habitats.  A key goal of the Project is to retire the consumptive use of water to enhance stream flows in the Platte by an estimated 15,500 acre feet per year and open 20,000 acres of land to public hunting.  The sponsors will be meeting next week to continue to hammer out a contract between each other and if the NET maintains the Project in priority when they meet on April 2, the Project will be off and running.  Central Platte will help coordinate the effort, with each NRD taking care of Project responsibilities in their own area.  Project funds working to complement USDA programs like CREP and EQIP will work hand in hand to move toward our goals for the permanent retirement of irrigated acres. There’s a fair bit of ground work to be laid, but we hope to have the Project up and running soon after the final NET decision.
PRAIRIE/SILVER/MOORES CREEK FLOOD CONTROL PROJECT BID LETTING & STIMULUS FUNDS UPDATE:  Milt Moravek reported that the bid letting for Phase 3 was held the previous Thursday.  Of seven contractors who submitted bids Shanahan Brothers Construction of Lincoln had the low bid of $1,423,019.22.  This phase continues the construction of the cells at the ordnance plant.  He said the low bid was about $300,000.00 under the engineer’s estimate.   Milt said he would recommend the bid be awarded to Shanahan Brothers Construction, subject to their providing the required bond and proof of insurance.  He said we have worked with them before and they are a good company.  Ladd Reeves made the motion that the Prairie/Silver/Moores Creek Flood Control Project, Phase 3 bid be awarded to Shanahan Brothers Construction Inc. in the amount of $1,423,019.22 subject to their providing the required bond and proof of insurance.  Scott Woodman seconded the motion.  All board members present, voting by roll call vote, were in favor.  Jay Richeson was absent for the motion.  Motion carried.
     Milt explained that the contract was changed somewhat to reduce the amount of dirt work that will be moved but we will build the outlet structure on 80th Road so we can begin claiming benefits on the project sooner.  It had not been planned to construct the outlet structure until the cells were completely done which would be about two or three years.  He said a third of the dirt has been moved and if we can get the structure in that has a gate we can provide flood control benefits downstream once it is installed.   Milt explained that the Prairie/Silver/Moores Creek Flood Control Project may be eligible for the federal “stimulous” funds through the NE Resources Development Fund.  He said if funds are available we could have a bid letting and begin construction within 90 days.  He said it will be the Governor’s decision on whether any funds go into the Development Fund.
LEGISLATION REPORT:  Milt Moravek briefly reported on proposed legislation dealing with natural resources.  He handed out a copy of the latest NARD report and said the reports are mailed to the directors as they are received from the Association. 
COST SHARE PROGRAM:  Request for Transfer of Funds – Kelly requested the board approve transferring $3,000.00 from the Reuse Pit Program with $2,000.00 going into the Center Pivot Incentive Program and $1,000.00 going to the Well Decommissioning Program.  
Jay Richeson made the motion to approve the transfer from the Reuse Pit Cost Share Program to the Center Pivot Incentive and the Well Decommissioning programs as requested.  Bob Schanou seconded the motion.  All board members present, were in favor.  Motion carried.   Applications -- Kelly reported that we have received applications for the following cost share programs: Center Pivot Incentive, Surge Valve, Flow Meter, Tree Planting and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended they be approved.   Alicia Haussler made the motion to approve the cost share applications as reported.  Ladd Reeves seconded seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
FINANCIAL REPORT: Alicia Haussler made the motion that the February financial report be approved as read by General Manager Ron Bishop.  Jim Bendfeldt seconded the motion.  All board members present were in favor.  Motion carried.
UPCOMING EVENTS:  As listed on the agenda.   NEXT BOARD MEETING:  Scheduled for the afternoon of March 19th (one week early due to conflict with NARD Washington D.C. conference). Details to follow. ADJOURN: 
Vice Chairman Kyes adjourned the board meeting.

January 22, 2009
ATTENDANCE:  Board members present were:  LeRoy Arends, Dick Mercer, Stephen Schuppan, Jim Bendfeldt, Barry Obermiller, Steve Sheen, Mike Dobesh, Ladd Reeves, Ed Stoltenberg, Alicia Haussler, Marvion Reichert, Bill Vasey, Brian Keiser, Mick Reynolds, Jerry Wiese, Ed Kyes, Jay Richeson, Scott Woodman, Dwayne Margritz, Bob Schanou    Board member absent/excused – Jim Shiers.        
Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner - GIS Assistant.   Others present – James Huntwork – NRCS Liaison D.C., Grand Island, Lori Potter – Kearney Hub, Justin Brei – Platte River Recovery Implementation Program.        
MEETING NOTICES: Chairman Vasey reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Marvion Reichert made the motion that the December minutes be approved as mailed.  Dwayne Margritz seconded the motion.   All board members present, voting by roll call vote, were in favor except Alicia Haussler, Ladd Reeves, Mick Reynolds, Jay Richeson and Stephen Schuppan who abstained.  Motion carried. 
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS: Chairman Vasey asked if there were any announcements or other business for future meeting agendas.  Mike Dobesh made a suggestion that the Board meetings be opened with a prayer.  Chairman Vasey said this could be discussed at next month’s meeting.       
PUBLIC FORUM: Chairman Vasey asked if anyone wanted to address the board on any item not included on the agenda.  No one spoke at that time.  
NATURAL RESOURCES CONSERVATION (NRCS) REPORT:  James Huntwork reported on the proposed NRCS Farm Bill (see enclosed).                   
EXCUSED ABSENCES:  Chairman Vasey reported that Jim Shiers had requested to be excused. Alicia Haussler made the motion that the absence be excused as requested.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
ACTION TO ELECT BOARD CHAIRMAN & VICE-CHAIRMAN:  Chairman Vasey said it had been a privilege to serve as chairman for the past two years but when he became chairman two years ago he stated that he would only serve one term.  He then asked Dick Mercer to report on the Board Officers’ Nominating Subcommittee’s recommendations for board chairman and vice-chairman.  Dick reported the subcommittee (Dick, Alicia Haussler and Loren Schuett) is recommending Barry Obermiller be nominated for Board Chairman and Ed Kyes be nominated for Vice-chairman. Chairman Vasey asked if there were any nominations from the floor.  There were none.  Jay Richeson made the motion that nominations cease.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor except Barry Obermiller who abstained.  Motion carried.  Marvion Reichert made the motion that Barry Obermiller be elected Board Chairman.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor, except Barry Obermiller, who abstained.  Motion carried.  Dick Mercer made the motion that Ed Kyes be elected Board Vice-chairman.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor except Ed Kyes, who abstained.  Motion carried.  Barry Obermiller took over as Board Chairman. 
Board Secretary – Ron said that Ed Kyes had been serving as the Board Secretary.  He said the board could either hold an election for board secretary at that meeting or could wait until next month if they chose. 
Bill Vasey nominated Jim Bendfeldt for Board Secretary.  Chairman Obermiller asked if there were any other nominations. Steve Sheen made the motion that nominations for Board Secretary cease.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor except Jim Bendfeldt who abstained.  Motion carried. Bill Vasey made the motion that Jim Bendfeldt be elected Board Secretary.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor except Jim Bendfeldt who abstained.  Motion carried.
COMMITTEE SIGN-UP:  A sign-up sheet was handed out to the directors with the request that they consider serving on at least two of the committees.  The four standing committees are:  Eastern Projects, Western Projects, Programs, and Water Resources.   Chairman Obermiller asked that the committees meet following the board meeting to select their committee chairman.    
WATER RESOURCES COMMITTEE – REPORT & RECOMMENDATIONS:   Scott Woodman reported on their meeting held earlier that day.  He said they had reviewed Central Platte NRD’s proposed Integrated Management Plan and that they will meet again Thursday, February 19th at 10:30 a.m. to continue the review and discussion of the proposed plan.  Dick Mercer reported on the Water Resources Committee’s January 14th meeting that Scott had asked him to chair in Scott’s absence. Dick said the committee reviewed the proposed Platte Basin Integrated Management Plan.  The NRDs involved in the basin’s plan are:  Central Platte, Tri-Basin, Twin Platte, North Platte and South Platte NRDs.  The other NRDs are also in the process of reviewing the plan to either approve or suggest changes.  Dick said the Water Resources Committee voted to recommend the basin plan be approved subject to the inclusion of a couple of items which are maps and an estimate of the offset needed to get back to fully appropriated.  He also said if there are other recommended changes from the other NRDs those suggestions will be brought back to the board for a decision to approve or oppose.  Dick Mercer made the motion that the board approve the proposed Platte River Basin Integrated Management Plan, subject to the inclusion of the missing items and also if there are any other recommended changes from the other NRDs that those recommendations will be brought back to the board for a decision.  Bob Schanou seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   
PROGRAMS COMMITTEE – REPORT & RECOMMENDATIONS:  Barry Obermiller, chairman of the committee, reported on their meeting held earlier that day.  He said they discussed suggestions for changes to some of the cost share programs and will continue their discussion at their next meeting in February.   He said there are no recommendations for the board to consider at this time.  He said if anyone had any suggestions on any of the cost share programs or want to suggest new programs to be considered to get those ideas to a Programs Committee member or to Kelly so they can be discussed at next month’s Programs Committee meeting.
ELM CREEK/TURKEY CREEK PUBLIC HEARING DISCUSSION:  Milt Moravek reported that Kevin Prior with Olsson Associates had requested a public meeting be set up in Elm Creek to get more information from the people in town on ground water levels, basement elevations, etc. so the engineering firm could enter the data into a model to see what it is going to take to dewater the town and make sure that people do not get water in their basements in the future.  Milt said there were a lot of comments from the rural people.  He said Jim Bendfeldt and Steve Sheen had attended the meeting and asked them to comment on their impressions of the meeting.  
Jim said he did not think the meeting went very well as far as getting information from the people in town, most of the comments were from farmers who voiced their concerns about raising the water table if the NRD does pursue a dam.  He said, “There is a lot of misconception of what Central Platte is trying to do at this point.”  Jim said he thought the NRD needs to pursue a better informational program to show that we are going about the process correctly and referred to the importance of completing the studies.  Steve said he agreed with Jim’s impression of the meeting.  Marvion Reichert said he was not able to attend the meeting but he had received several comments from people who lived in town who said they would have preferred an evening meeting.  In answer to a question Milt said there were about 45 people at the meeting and said very few of them were from in town.    
COOPERATIVE HYDROLOGY STUDY (COHYST) REPORT:  Duane Woodward reported that the Sponsors Group has been working to put together a new plan of study and a new budget for a program to go from 2009 through 2012.  He briefly reviewed the goals and objectives, which would include putting together an accounting model so that approximately every five years we would show the changes that have been made to such things as water banking, land use changes, crop pattern changes, etc.  It would be a tracking and accounting of water use changes to meet the goal of getting back to 1997 levels.  He said another thing being considered is having a Project Management Coordinator who would be responsible for lining up the tasks and directing technical people to carry out the work.  Duane also said a new inter-local cooperative agreement is being drafted, which was necessary because the Nebraska Department of Natural Resources thought their authorities were being relinquished and because new legislation on inter-local cooperative agreements has been passed.  He said the new agreement would contain a lot of the same things that are in the current one but there will be some wording changes.  
LEGISLATION REPORT:  Milt Moravek reported on several proposed bills dealing with natural resources.  He handed out a copy of the latest NARD report and said the reports are mailed to the directors as they are received from the Association. 
REPRESENTATIVE FOR SOUTH CENTRAL RC&D & LOUP BASIN RC&D:  Chairman Obermiller reported that the District is a member of both the South Central RC&D and the Loup Basin RC&D and both have requested that Central Platte NRD appoint a director to represent the district.  Question was asked if any directors would be willing to serve on either of the RC&D’s.  Mick Reynolds said he would be willing to serve on the South Central RC&D.   Ladd Reeves made the motion that Mick Reynolds be selected to serve on the South Central RC&D.  Scott Woodman seconded the motion.  All board members present, voting by roll call vote, were in favor, except Mick Reynolds who abstained.  Motion carried.   No action was taken to select a director to serve on the Loup Basin RC&D. 
COST SHARE PROGRAMS:  Applications -- Kelly reported that we have received applications for the following cost share programs: Nebraska Soil & Water Conservation Program, Center Pivot Incentive Program, Fertilizer Calibration Meters, Flow Meters, Tree Planting Program and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended they be approved.  Marvion Reichert made the motion to approve the cost share applications as reported.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
FINANCIAL REPORTS – DECEMBER & JANUARY:  December Report – The December report had been mailed to the directors with the meeting minutes.  General Manager Ron Bishop asked if anyone had any questions on the report.  There were none.   Marvion Reichert made the motion that the December financial report be approved as mailed.  Scott Woodman seconded the motion.  All board members present were in favor except Mike Dobesh, Ladd Reeves and Mick Reynolds who abstained.  Motion carried.
January Report -- Ron Bishop read the January financial report. Alicia Haussler made the motion that the January financial report be approved as read by Ron Bishop.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
GMDA & FOUR-STATE IRRIGATION CONFERENCES – REPORTS: Brief reports were given by Ed Kyes, Dick Mercer, Jay Richeson and Dwayne Margritz on the GMDA Conference.  Bill Vasey reported on the Four-State Irrigation Conference (Nebraska, Kansas, Colorado, Wyoming) he had attended in Fort Collins, Colorado and handed out information from the conference.  He said the main focus of the conference is with surface water but there are also a lot of programs dealing with groundwater irrigation.  
DIRECTOR E-MAILS & CONTACT INFORMATION REQUEST FROM POLITICAL PARTIES:  Ron said that we have received requests from political parties and others to give out directors’ contact information and e-mail addresses.  Also discussed was whether directors would prefer to receive their meeting minutes, notices, etc. by regular mail or by e-mail.   The directors were requested to check the address and contact list that was passed around and to write in any corrections on the list.  They were also asked to indicate on the list whether they wanted their e-mail address given out, and whether they wanted to receive meeting minutes and notices by regular mail or by e-mail.
OTHER BUSINESS:   Upcoming Events – As listed on the agenda.
Next Board Meeting – Scheduled for the afternoon of Thursday, February 26th.  Details to follow.  March Board Meeting – Scheduled for the afternoon of Thursday, March 19th.  One week early due to conflict with the NARD Washington D.C. trip.  ADJOURN:  Chairman Obermiller adjourned the board meeting.  
COMMITTEES SELECT CHAIRMEN: 
The following were selected to serve as committee chairmen:  Eastern Projects – Mick Reynolds, Western Projects – Dick Mercer, Water Resources – Scott Woodman, Programs – Bob Schanou.

December 18, 2008

CALL TO ORDER: Chairman Bill Vasey called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.   
ATTENDANCE:
  Board members present were:  LeRoy Arends, Dan Ohlman, Jim Shiers, Jim Bendfeldt, Marvion Reichert, Keith Stafford, Brian Keiser, Jay Richeson, Ed Stoltenberg, Ed Kyes, Bob Schanou, Bill Vasey, Dwayne Margritz, Loren Schuett, Jerry Wiese, Dick Mercer, Steve Sheen, Scott Woodman, Barry Obermiller   
Board members absent/excused – Alicia Haussler and Stephen Schuppan.  Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Angela Warner – GIS Assistant, Jon Michael Bosley – Geographic Specialist.   Others present – Ladd Reeves – NE Dept. of Natural Resources Commission Member and CPNRD director elect, Daryl Keiser – Gothenberg, Kevin Prior – Olsson Associates Grand Island, Mike Dobesh – CPNRD director elect Wood River, Mike Pavel - USDA NRCS Resources Conservationist Kearney, Jeff Shafer – York, Lori Potter – Kearney Hub, Justin Brei – Platte River Recovery Implementation Program.      

MEETING NOTICES:
Chairman Vasey reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES:
Dick Mercer made the motion that the November minutes be approved as mailed.  Bob Schanou seconded the motion.   All board members present, voting by roll call vote, were in favor except Dwayne Margritz, Dan Ohlman, Marvion Reichert, Jay Richeson, Keith Stafford, Ed Stoltenberg and Scott Woodman who all abstained.  Jerry Wiese was absent for the motion. Motion carried.  
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:
Chairman Vasey asked if there were any announcements or other business for future meeting agendas. Mike Dobesh made a suggestion that the District look into providing a cost share program to convert irrigation wells from oil lubricated to water lubricated.  Chairman Vasey said this would be referred to the Programs Committee.  
PUBLIC FORUM:
Chairman Vasey asked if anyone wanted to address the board on any item not included on the agenda.  No one spoke at that time.   
NATURAL RESOURCES CONSERVATION (NRCS) REPORT:
 
Mike Pavel briefly reported on NRCS activities (see enclosed).                   
SALE OF DAWSON COUNTY LAND:
 
Ron reported that the closing on the sale of the Dawson County land was this afternoon and that our attorney, Cathy Allen, had requested the board approve the “Certificate of Board Resolution” concerning their action to approve the sale prior to the closing.  He briefly reviewed the fact that 198.28 acres had been sold for $1300.00 an acre and the grain bin and four acres had been sold separately for $30,000.00.  Marvion Reichert made the motion that the Certificate of Board Resolution concerning the board’s approval of the sale of the Dawson County land be approved and signed by the Board Chairman.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
EXCUSED ABSENCES:
 
Chairman Vasey reported that Alicia Haussler and Stephen Schuppan had contacted the office and requested to be excused.  Loren Schuett made the motion that the absences be excused as requested.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
PRESENTATION OF AWARDS:
  Outgoing board members Dan Ohlman, Loren Schuett and Keith Stafford were recognized and presented with awards for their dedication and service as NRD directors.  Dick Mercer was also recognized and presented with an award for 35 years of service as an NRD director.  
EASTERN PROJECTS COMMITTEE
– REPORT & RECOMMENDATIONS:  Updated Study on Prairie Creek Flood Control Project – Jerry Wiese, chairman of the committee, reviewed the discussion from last month’s meeting on the flooding problems along Prairie Creek in Hall, Merrick and Platte Counties.  The committee had instructed Milt to get an estimated cost on a study to look into trying to correct the problems.  Milt had visited with Kevin Prior with Olsson Associates, because that firm had originally done a feasibility study on that area. At their committee meeting that day Kevin reported on their proposed study.  Jerry said the cost of the study is $56,350.00.  Milt had explained that we have half of this amount in the current Eastern Projects budget.  The committee discussed paying half this year and after July 1, 2009 pay the second half. Jerry asked Kevin to briefly report to the board on that proposal. Kevin explained that  they would not have real detailed information but will have some concepts and ideas that the board can look at.  He said the first part would include an updated inventory of the channel and the bridges and the comparison to what was done 20 years ago, and the re-establishment of the hydraulic model that was developed 20 years ago.     
     Jerry said the Eastern Projects Committee is recommending, and he made the motion that we enter into a contract with Olsson Associates to do the first half of the study with funds from this year’s budget.  After the report from Olsson the board can decide whether to go further with the study; if we do proceed the second half of the study would be paid for after July 1, 2009 and we will also seek help from the counties and cities involved.  Ed Kyes seconded the motion.  All board members present, voting by roll call vote, were in favor, except Jim Shiers who voted no.  Motion carried.  Jim Bendfeldt was absent for the motion.    

WESTERN PROJECTS COMMITTEE
– REPORT & RECOMMENDATIONS:  Dick Mercer, chairman of the committee, reported on their meeting held earlier that day.
City of Gibbon’s Request for Flood Drainage Project –
Dick Mercer briefly reviewed the discussion from last month on the city of Gibbon’s flooding and drainage problems and the request from Gibbon for assistance to try to help correct some of those problems. Dick said the committee again discussed the project, that is estimated to cost $150,000.00.  He said the Western Projects Committee is recommending, and he made the motion, that the NRD contribute $50,000.00 to the project to try to alleviate the flooding and drainage problems in the city of Gibbon.  Steve Sheen seconded the motion.  All board members present, voting by roll call vote, were in favor, except Marvion Reichert, who abstained.  Motion carried.   
Funding Assistance for Elm Creek Reservoir Project
Dick reported that there has been interest from the Platte River Recovery Program in the reservoir at Elm Creek.  He said Olsson Associates has come up with two proposed studies that would help determine how to get the water to the Platte River and to solve the high water table problems for Elm Creek.  The studies would cost approximately $23,150.00 and $16,820.00.   The Western Projects Committee is recommending, and he made the motion that the District enter into a contract with Olsson Associates for approximately $40,000.00 to do the two proposed studies.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  
WATER RESOURCES COMMITTEE – REPORT
: Scott Woodman, chairman of the committee, reported on their meeting held earlier that day.
Basin Wide & Integrated Management Plans
Scott said that Ron had reported to the committee on this item.  He said that the draft Basin Integrated Management Plan has been distributed and needs to be reviewed by the board for possible suggestions, changes etc.  A Water Resources Committee will be scheduled to review the plan.
Water Banking Report
He said that Ron had reviewed the Water Bank purchases and sales.
Variance Subcommittee
Scott said the committee decided on the changes on the subcommittee that were necessary because of changes on the board from the last election.  They selected Ladd Reeves to serve as Ed Kyes alternate in Merrick County, Marvion Reichert was selected to replace Dan Ohlman in Buffalo County, with Steve Sheen as his alternate.   It was decided that the subcommittee should select its chairman.      
PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM GOVERNANCE COMMITTEE REPORT:
  Mark Czaplewski reported briefly on actions taken by the Governance Committee of the Platte River Recovery Implementation Program who last met in Denver on December 2 and 3.  The Governance Committee spent considerable time working on and subsequently approving the Program’s 2009 budget.  Other items of note included the Governance Committee’s approval of the recommended membership of the ISAC (Independent Science Advisory Committee) who are charged with ensuring the use of sound science in Program matters, and also approved the membership of peer review panels to review specific Program monitoring and research efforts and protocols.  The Governance Committee approved proceeding with the acquisition of its first land purchase, Tract 0815, a 370-acre parcel of land west of the Overton, Nebraska bridge.  The next meeting of the Land Advisory Committee is scheduled for January 15, 2009 in Kearney.
BOARD OFFICER NOMINATING COMMITTEE:
 Dick Mercer reported for the committee (Dick, Alicia Haussler and Loren Schuett).  He said they are recommending Barry Obermiller for Board Chairman and Ed Kyes for Board Vice-Chairman.  The election of officers will be at the January board meeting
FISCAL 2008 AUDIT REPORT:
Dianne Miller reported that the audit report had been mailed prior to the board meeting.  She asked if there were any questions or comments on the report.  There were none.  Jim Bendfeldt made the motion to accept and place on file the Fiscal 2008 Audit report.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
COST SHARE PROGRAM:
  Applications --
Kelly reported that we have received applications for the following cost share programs: Nebraska Soil & Water Conservation Program, Center Pivot Incentive Program, Surge Valve Program, Flow Meter Program, Tree Planting Program, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended they be approved.  Marvion Reichert made the motion to approve the cost share applications as reported.  Loren Schuett seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. 
FINANCIAL REPORT:
It was reported that the November financial report had been mailed with the minutes.  It was asked if anyone had any questions or comments on the report.  There were none.  Dick Mercer made the motion that the November financial report be approved as mailed. Loren Schuett seconded the motion.  All board members present, voting by roll call vote, were in favor.  Jim Bendfeldt was absent for the motion.  Motion carried.  It was reported that the December financial report would be mailed with the meeting minutes.  
MIDDLE PLATTE RIVER BASIN CAUCUS:
 
The upcoming basin caucus was briefly discussed.  Ron said that Ladd Reeves is currently the Middle Platte River Basin’s representative on the Natural Resources Commission.  Following a brief discussion it was decided to also hold a Water Resources Committee meeting that day.  Ron said the board would be mailed reminder cards.  
ELECTION:
  NARD Legislative Conference Voting Delegate & Alternate –
Barry Obermiller made the motion that Jerry Wiese be selected as the voting delegate and Jim Bendfeldt as the alternate for the January NARD Legislative Conference.  Brian Keiser seconded the motion.  All board members present, voting by roll call vote, were in favor except Jim Bendfeldt and Jerry Wiese who both abstained.  Motion carried.
NARD Board Member
Dick Mercer made the motion that Bill Vasey be selected as Central Platte NRD’s NARD board member.  Jay Richeson seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   
OTHER BUSINESS:
   Upcoming Events – As listed on the agenda.  Next Board Meeting – Scheduled for the afternoon of Thursday, January 22, 2009.  Details to follow.  ADJOURN:  Chairman Vasey adjourned the board meeting.                              

November 20, 2008
CALL TO ORDER: Chairman Bill Vasey called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  
ATTENDANCE:  Board members present were:  LeRoy Arends, Dick Mercer, Stephen Schuppan, Jim Bendfeldt, Barry Obermiller, Steve Sheen, Alicia Haussler, Bob Schanou, Jim Shiers, Brian Keiser, Loren Schuett, Bill Vasey, Ed Kyes    Board members absent/excused – Dwayne Margritz, Dan Ohlman, Marvion Reichert, Jay Richeson, Keith Stafford, Ed Stoltenberg, Jerry Wiese and Scott Woodman.   Staff present: Milt Moravek – Assistant Manager/Projects Director, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner – GIS Assistant, Jon Michael Bosley – Geographic Specialist.  Others present – Ladd Reeves – NE Dept. of Natural Resources Commission Member and CPNRD director elect, John Jefferson – Merrick County Board, Michael Meyer – Central City, Teri Edeal – USDA NRCS Resources Conservationist, Robert Poore – GI Independent, Mike Dobesh – Wood River CPNRD director elect, Lori Potter – Kearney Hub.    
MEETING NOTICES: Chairman Vasey reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Alicia Haussler made the motion that the October minutes be approved as mailed.  Jim Bendfeldt seconded the motion.   All board members present, voting by roll call vote, were in favor except Barry Obermiller who abstained.  Motion carried. 
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS: Chairman Vasey asked if there were any announcements or other business for future meeting agendas.  There were none.
PUBLIC FORUM: Chairman Vasey asked if anyone wanted to address the board on any item not included on the agenda.  Ladd Reeves, the Middle Platte Basin representative on the Natural Resources Commission addressed the board on the number of projects in line for funding from the Resources Development Fund and the lack of funds available for those projects, as well as the funding needed for the funding needs of the Resources Development Fund as well as funds needed for the Inter-related Water Program Planning.  He asked that the directors contact the senators on the need for additional funding for those programs.   
NATURAL RESOURCES CONSERVATION (NRCS) REPORT:  Teri Edeal reported for James Huntwork.  She handed out copies of the Nebraska Draft Environmental Quality Incentives Program (EQIP) and Nebraska Soil and Water Conservation Program (NSWCP) for fiscal year 2009.  Teri also gave a power point presentation on pasture management and grazing incentives.                 
EXCUSED ABSENCES:  
Chairman Vasey reported that Dwayne Margritz, Dan Ohlman, Marvion Reichert, Jay Richeson, Keith Stafford, Ed Stoltenberg, Jerry Wiese and Scott Woodman had contacted the office and requested to be excused. Alicia Haussler made the motion that the absences be excused as requested.  Bob Schanou seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
EASTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATIONS:  Loren Schuett reported that the committee had met that morning.  He said there were a number of people in attendance who reside along Prairie Creek in Hall, Merrick and Platte counties.  He said they have experienced numerous floods over the years and are hoping that something could be done to help alleviate some of those problems.  The Eastern Projects Committee discussed the possibility of a study to see what could be done in the area. Ed Kyes asked Milt if it would be possible to get an estimated cost on a study by next board meeting.  Milt said the firm he would probably talk to would be Olsson Associates because they did study of the area a few years ago.  He said if they were hired to do a study they would just have to update some of the data, and might have some additional ideas for the committee to consider.  Milt said he would have something to present to the Eastern Projects Committee for a December committee meeting. 
WESTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATIONS:  Dick Mercer reported on the committee’s meeting earlier that afternoon.  He said there was an engineer from Olsson Associates at the meeting who was representing the city of Gibbon.  Gibbon has periodically had flooding and drainage problems when the Wood River floods and runs back into the city.   During the last time this happened it destroyed their storm sewer pump system.  At this time the estimated cost of the project is $150,000.00.  They did not present a specific monetary request to the committee.  Dick said they were requested to come back with a specific request and said the Western Projects Committee will discuss this at their December committee meeting.  He said they should have a recommendation for the board’s consideration after that meeting.     
PRAIRIE/SILVER/MOORES FLOOD CONTROL PROJECT – STATUS REPORT:  Milt gave a report and showed several slides of the project. He showed the two areas where approximately 2.5 million cubic yards of dirt have been piled that were taken from Cell 7 and Cell 5 and Cell 4.  He said they are working on Cell 4.  He said on the next contract they will do the rest of the work on Cell 4.  He said the reason for that is because they are going to go ahead and put the gates in so we can start claiming benefits from the project earlier than was estimated.   He also showed the problems the contractors have had getting the work done due to the amount of rainfall.  In answer to a question Milt said we have not been able to sell any of the excavated soil.  He said there has not been much interest because of the heavy clay content. He said the City of Grand Island and Hall County have used some but not much.  He said we will probably end up planting native grass and shrubs on it and turning it into wildlife habitat.  He also said the project has been slowed down somewhat because Resource Development Funds have not been available in sufficient amounts to meet the original schedule. 
DAWSON COUNTY LAND SALE REPORT:  Chairman Vasey asked Milt to report on this item for Mark Czaplewski.  Mark had assisted in setting up the land auction but was out of state at a conference.  Milt reported that on November 11th the auction was held on the approximate 202 acres that the District had purchased in Dawson County.  The District kept the water rights and the land was sold as dry land with some restrictions on what can be grown.  He said 198.28 acres were sold to Clyde  Lueking for $1300.00 an acre for a total of $257,764.00.  The grain bin and four acres were sold separately to Reynolds Inc. for $30,000.00.   
DONATION REQUEST FROM THE GROUNDWATER FOUNDATION:  Marcia Lee reported that Dean Edson, NE Association of Resources Districts Executive Director, had sent a request for funding to help with the Groundwater Foundation.  She said that Susan Seaquest, who started the foundation, was retiring and Dean has asked each NRD to consider donating to the Foundation in honor of Susan’s work and dedication.  The Groundwater Foundation is a nonprofit organization.  Marcia said in the I&E budget there is $200.00 that is not earmarked for another program.  Alicia Haussler made the motion to contribute $200.00 to the Groundwater Foundation.  Jim Bendfeldt seconded the motion.  A brief discussion followed on the possibility of a larger donation.  The motion was withdrawn. Dick Mercer made the motion to donate $500.00 to the Groundwater Foundation. Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. 
DIRECTORS’ ELECTION RESULTS:  Marcia handed out a copy of the final election results.  Directors in Subdistricts 1, 2, 3, 5, 7, and 8 were unopposed.  The results in the contested races were:  Subdistrict 4 - Mike Dobesh, Subdistrict 6 - Michael (Mick) Reynolds, Subdistrict 9 - Ladd Reeves, Subdistrict 10 – Barry Obermiller.  Directors’ terms will begin in January. 
ELECT NOMINATING COMMITTEE:  Chairman Vasey reviewed the fact that it was necessary to elect a board officer nominating subcommittee.  This year it will be necessary to elect board chairman and vice-chairman.  The three member nominating subcommittee will report to the board at the December board meeting with the officer election to be held at the January board meeting.  Bob Schanou made the motion that Alicia Haussler, Dick Mercer, and Loren Schuett be elected to serve on the Board Officer Nominating Subcommittee.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor except Alicia Haussler, Dick Mercer, and Loren Schuett who abstained.  Motion carried.   (Alicia Haussler left the meeting at 3:00 p.m. due to another commitment.) 
COST SHARE PROGRAM:  Applications -- Kelly reported that we have received applications for the following cost share programs: Nebraska Soil & Water Conservation Program, Center Pivot Incentive Program, Streambank Stabilization Program, Surge Valve Program, Flow Meter Program, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended they be approved. Bob Schanou made the motion to approve the cost share applications as reported. Barry Obermiller seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
FINANCIAL REPORT: It was reported that because the November board meeting was a week early there was no financial report.  The report will be mailed with the meeting minutes and acted on at the December meeting.
OTHER BUSINESS:   Upcoming Events – As listed on the agenda.
Next Board Meeting – Scheduled for the afternoon of Thursday, December 18th (one week early due to Christmas).  Details to follow.
ADJOURN:  Chairman Vasey adjourned the board meeting.   

October 23, 2008 
ATTENDANCE:  Board members present were: LeRoy Arends, Dan Ohlman, Jim Shiers, Jim Bendfeldt, Marvion Reichert, Keith Stafford, Alicia Haussler, Jay Richeson, Ed Stoltenberg, Brian Keiser, Bob Schanou, Bill Vasey, Ed Kyes, Loren Schuett, Jerry Wiese, Dwayne Margritz, Stephen Schuppan, Scott Woodman, Dick Mercer, Steve Sheen Board member absent/excused – Barry Obermiller.  Staff present: Ron Bishop – General Manager, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner – GIS Assistant, Jon Michael Bosley – Geographic Specialist. Others present – Mike Pavel – NRCS Resources Conservationist, Buffalo County, Doreen Pfost – Kearney, Randy Zach – NPPD. 
MEETING NOTICES: Chairman Vasey reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Alicia Haussler made the motion that the September minutes be approved as mailed.  Marvion Reichert seconded the motion.   All board members present, voting by roll call vote, were in favor except Brian Keiser, Stephen Schuppan and Scott Woodman who all abstained.  Motion carried.
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS: Chairman Vasey asked if there were any announcements or other business for future meeting agendas.  Chairman Vasey briefly reported on the board officer election.  The board will need to elect a three-member nominating committee in November, the committee will report to the board in December and the election of board officers (chairman and vice-chairman) will be done in January. 
PUBLIC FORUM: Chairman Vasey asked if anyone wanted to address the board on any item not included on the agenda. No one requested time to speak.    
NATURAL RESOURCES CONSERVATION (NRCS) REPORT:  A report was given by Mike Pavel, NRCS Resources Conservationist, Buffalo County (see enclosed).               
EXCUSED ABSENCES:  
Chairman Vasey reported that Barry Obermiller had contacted the office and requested to be excused. Alicia Haussler made the motion that the absence be excused as requested.  Dwayne Margritz seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
GRAND ISLAND AREA CLEAN COMMUNITY SYSTEM:  Betty Curtis, Executive Director, presented the District with a Certificate of Appreciation for the financial support that was used to secure the grant for the Clean Community System Household Hazardous Waste Collection event, and presented General Manager Ron Bishop with a “Service to the Environment” award.  (See enclosed data summary for the event).
VARIANCE/APPEALS SUBCOMMITTEE – REPORT & RECOMMENDATION:  Dan Ohlman said the Variance/Appeals Subcommittee had heard requests from Raymond and Harry Galusha of Central City for an appeal to the irrigation certification on approximately 12 acres in Merrick County.  Dan said the Variance/Appeals Subcommittee is recommending, and he made the motion, to approve the appeal on the irrigation certification from Raymond and Harry Galusha for approximately 12 acres in Merrick County, pending the registration of the irrigation wells on the property and that a seal be installed on one of the wells.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
CONSIDER CEASE & DESIST ORDER:  Dan Ohlman reported on the formal hearing that was held just prior to the board meeting for the purpose of gathering evidence on whether or not a Cease and Desist Order should be issued to James Riley of Wood River. It was reported that Mr. Riley had applied for an appeal to an irrigation determination in April, 2008 and was denied.   The District’s 2008 aerial photography is showing that not only did Mr. Riley irrigate the land that was denied (12.7 acres), but he also removed trees and a farmstead and irrigated that area also for a total of 18.6 acres of land not certified for irrigation.  The majority of the land not certified is Class 4E soils and there are some 6E soils.  Mr. Riley has some land in alfalfa in this area that is currently certified for irrigation and was not irrigated in 2008, but it will not qualify for transfer on the 4E soils because the transfer the land comes from must be 4E or worse soils. 
     Based on the information presented at the hearing Ron said it would be staff’s recommendation that a cease and desist order be issued to James Riley for the approximate 18 acres that were irrigated illegally, and that he be required to offset the 18 acres that were irrigated this year at the rate of 1.5 times per acre. The Cease and Desist Order states:  On or before December 1, 2008, Mr. Riley must file with the District, a signed affidavit that he has either 1) discontinued irrigating the real estate which is not certified as irrigated land pursuant to the Rules and Regulations of the Central Platte Natural Resources District and which is subject to this cease and desist order and show how he will offset all depletions caused by irrigating the acres not certified during the 2008 irrigation season; or 2) applied for and was granted a variance to irrigate the above described real estate including the provision of all offsets, both past and present, as required by the Central Platte Natural Resources District.  The Board further orders that James D Riley will also provide offset water in an amount one and one half times the depletion caused by the non-compliance during the 2008 irrigation season and shall on or before December 1, 2008 file with the District a proposal acceptable to the District, of how he intends to comply with the offset requirement.  Such proposal shall include a timetable for providing the required offset water. Bob Schanou made the motion to issue a cease and desist order on James Riley as proposed.  Dick Mercer seconded the motion.  A discussion followed on the type of center pivot equipment Mr. Riley used, information shown on the aerial photography, the number of times he irrigated the acres in question.  Question was also asked whether or not the board could chose to only make him provide offsets at the rate of 1 times the depletion.  It was answered that the board could.
     Jerry Wiese made a motion to amend the original motion to require James Riley to offset 1 times the depletion instead of 1.5 times.  Steve Sheen seconded the motion.  Board members voting in favor were LeRoy Arends, Marvion Reichert, Loren Schuett, Stephen Schuppan, Steve Sheen, Ed Stoltenberg and Jerry Wiese.  Board members voting opposed were Jim Bendfeldt, Alicia Haussler, Brian Keiser, Ed Kyes, Dwayne Margritz, Dick Mercer, Dan Ohlman, Jay Richeson, Bob Schanou, Jim Shiers, Keith Stafford and Scott Woodman.  Motion to amend the original motion failed 7 to 12.  The original motion was then voted on.  Board members in favor were LeRoy Arends, Alicia Haussler, Brian Keiser, Ed Kyes, Dwayne Margritz, Dick Mercer, Dan Ohlman, Marvion Reichert, Jay Richeson, Bob Schanou, Loren Schuett, Steve Sheen, Jim Shiers, Keith Stafford, Jerry Wiese and Scott Woodman.  Voting opposed were Stephen Schuppan and Ed Stoltenberg.  Jim Bendfeldt abstained.  Motion carried 16 in favor, two opposed, one abstaining. 

September 25, 2008
CALL TO ORDER: Chairman Bill Vasey called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  
ATTENDANCE:  Board members present were:
LeRoy Arends, Barry Obermiller, Steve Sheen, Jim Bendfeldt, Dan Ohlman, Jim Shiers, Alicia Haussler, Marvion Reichert, Keith Stafford, Ed Kyes, Jay Richeson, Ed Stoltenberg, Dwayne Margritz, Bob Schanou, Bill Vasey, Dick Mercer, Loren Schuett, Jerry Wiese  Board members absent/excused – Brian Keiser, Stephen Schuppan and Scott Woodman.  Staff present: Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner – GIS Assistant, Jesse Mintken – Resources Conservationist.    Others present – James Huntwork – NRCS Liaison D.C., Grand Island, Joe Krolikowski – NRCS, Grand Island, Lori Potter – Kearney Hub.
MEETING NOTICES: Chairman Vasey reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Marvion Reichert made the motion that the August minutes be approved as mailed.  Dwayne Margritz seconded the motion.   All board members present, voting by roll call vote, were in favor except Alicia Haussler, Dan Ohlman and Bob Schanou who all abstained.  Keith Stafford was absent for the motion.  Motion carried.
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS: Chairman Vasey asked if there were any announcements or other business for future meeting agendas.  There were none. 
PUBLIC FORUM: Chairman Vasey asked if anyone wanted to address the board on any item not included on the agenda. No one requested time to speak.        
NRCS REPORT:  Reports were given by James Huntwork, NRCS Liaison D.C. (see enclosed), and Joe Krolilowski, NRCS, Hall County.           
 
EXCUSED ABSENCES: 
Chairman Vasey reported that Brian Keiser, Stephen Schuppan and Scott Woodman had contacted the office and requested to be excused. Bob Schanou made the motion that the absences be excused as requested.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
PROGRAMS COMMITTEE – REPORT & RECOMMENDATIONS:  Barry Obermiller, chairman of the committee, reported on their meeting held earlier that day.  He said they discussed making a few changes to the District’s scholarship program and adding dollars to the scholarship in order to get more individuals interested in applying.  He said the budgeted item was increased from $2,000.00 to $10,000.00.  The amount per scholarship will be raised from $500.00 to $1,000.00.  Some of the policy changes are:  The checks will be sent to the college, one half of the scholarship will be paid per semester, the scholarships are geared to degrees in the natural resources field but they will be looked at on a case-by-case basis, a scholarship can be awarded to a student in any grade in college, freshman through senior, applicants can reapply.  Barry said no action would be necessary on this item. 
WESTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATIONS:  Dick Mercer, chairman of the committee, reported on their meeting held earlier that day.  He said the committee discussed the proposed Odessa drainage project and the three firms that had submitted proposals to do the final design on the project. Dick reviewed the problem area that starts about a quarter mile east of Odessa on the south side of the railroad tracts on the south side of Highway 30 and heads southeast. Dick said the Western Projects Committee is recommending, and he made the motion, that the engineering firm of Miller and Associates be hired at a cost of approximately $15,000.00 to do the final design on the Odessa project. Bob Schanou seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
PRESCRIBED FIRE PRESENTATION:  Dave Carr gave a power point presentation and report on the District’s prescribed burning program (see enclosed summary).
DAWSON COUNTY LAND SALE SUB-COMMITTEE – REPORT & RECOMMENDATIONS:  Jim Bendfeldt reported for the subcommittee (Jim Bendfeldt, Dick Mercer and Jay Richeson) and said they had met earlier that day.  He said that Mark Czaplewski had provided them considerable assistance.  He contacted area auctioneers and asked them to provide proposals for auctioning the land in Dawson County.  Jim said proposals were received from Marshall Auction Service and Reuters Auction.  He said after reviewing the information the subcommittee is unanimously recommending that Marshall Auction Service be hired, not only because they submitted the low bid but also because of their extensive experience and outstanding reputation. Jim said they discussed selling the grain bin separately and how many acres should be included if that were done.  In Dawson County if the grain bin is sold separately from the other acres the site would have to include a minimum of 10 acres.  He said he just spoke to Marshall Auction Service and they will offer it either separately, or combined, whichever will bring the District the most money.  Jim said the cost will be based on a two percent commission plus $3,000.00 for advertising.  Marshall’s is recommending a November 11th date.  Jim Bendfeldt said he would make the motion to accept the subcommittee’s recommendation to hire Marshall Auction Service to handle the auction of the land in Dawson County, and that the sale be November 11, 2008.  Jay Richeson seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
VEHICLE BIDS RECEIVED:  Milt Moravek reviewed the fact that this year’s budget included funds to replace the 2001 Ford Taurus and the 2003 Ford Expedition, each vehicle has about 80,000 miles.  Information was sent to all new vehicle dealers in the District.  Four dealers submitted bids with the low one submitted from Grosshan’s Inc. of Central City for a 2009 Chevy Trailblazer and a 2009 Malibu at a total cost with trade-in of $32,875.88.  (See enclosed bid list).  Following a brief discussion Alicia Haussler made the motion to approve the bid from Grosshan’s for the two vehicles as reported.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. 
2009 LONG RANGE IMPLEMENTATION PLAN – ACTION TO APPROVE:  Marcia Lee, I&E Specialist, reported that a draft of the LRIP had been mailed to the directors prior to the meeting with a request that if there were any suggestions, questions, or corrections to let her know prior to the meeting.  Marcia said she had not received any suggested changes and said it would be her recommendation that the plan be approved so it can be submitted to the NE Department of Natural Resources as required. Alicia Haussler made the motion to approve the 2009 Long Range Implementation Plan as proposed.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor except Marvion Reichert who abstained.  Motion carried.
SENATOR TOUR REPORT:  Dick Mercer and Milt Moravek reported on the Legislature’s Natural Resources Committee’s public hearing on natural resources related issues that had been held at the NRD office the previous week.  Following the hearing some of the NRD staff gave presentations on some of Central Platte NRD’s programs and then the Senators were given a tour of the Wood River Flood Control Project, the Moores Creek Flood Control Project and the Prairie/Silver/Moores Creek Flood Control Project.  
COST SHARE PROGRAM:  Applications -- Kelly reported that we have received applications for the following cost share programs: Nebraska Soil & Water Conservation Program, Surge Valve Program, Center Pivot Incentive Program, Flow Meter Program, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended they be approved.  Alicia Haussler made the motion to approve the cost share applications as reported. Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
FINANCIAL REPORT: Marvion Reichert made the motion to approve the September financial report as read by Assistant Manager Milt Moravek.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
OTHER BUSINESS:   Upcoming Events – As listed on the agenda.  Next Board Meeting – Scheduled for the afternoon of Thursday, October 23rd.  Details to follow.  ADJOURN:  Chairman Vasey adjourned the board meeting at 3:15 p.m.      

August 28, 2008
CALL TO ORDER: Chairman Bill Vasey called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  ATTENDANCE:  Board members present were: LeRoy Arends  Barry Obermiller  Jim Shiers  Jim Bendfeldt           Marvion Reichert  Keith Stafford  Brian Keiser  Jay Richeson  Ed Stoltenberg  Ed Kyes  Loren Schuett  Bill Vasey  Dwayne Margritz  Stephen Schuppan  Jerry Wiese  Steve Sheen  Scott Woodman    Board members absent/excused – Alicia Haussler, Dan Ohlman and Bob Schanou.   Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner – GIS Assistant, Jesse Mintken – Resources Conservationist.     Others present – James Huntwork – NRCS Liaison D.C., Grand Island, Grant Linder – NRCS Resources Conservationist, Grand Island, Gary Mader – Grand Island Utilities Department, Lori Potter – Kearney Hub.
MEETING NOTICES: Chairman Vasey reported that the notices of the meeting had been sent to the news media as required by law.  MEETING MINUTES: Loren Schuett made the motion that the July minutes be approved as mailed.  Jim Bendfeldt seconded the motion.   All board members present, voting by roll call vote, were in favor except Marvion Reichert and Ed Stoltenberg who abstained.  Motion carried.
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS: Chairman Vasey asked if there were any announcements or other business for future meeting agendas.  There were none.   PUBLIC FORUM: Chairman Vasey asked if anyone wanted to address the board on any item not included on the agenda. No one requested time to speak.        
NRCS REPORT:  Reports were given by James Huntwork, NRCS Liaison D.C. (see enclosed), and Grant Linder, NRCS Resources Conservationist, Hall County.           
EXCUSED ABSENCES:  
Chairman Vasey reported that Alicia Haussler, Dan Ohlman and Bob Schanou had contacted the office and requested to be excused. Dick Mercer made the motion that the absences be excused as requested.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
VARIANCE/APPEALS SUB-COMMITTEE – REPORT & RECOMMENDATIONS:  Jim Bendfeldt reported on the subcommittee’s hearing held earlier that day.  He reported that Darrell Widman has made a request to purchase 10.4 acre feet of water from the District’s water bank.  Jim reviewed the District policy which allows General Manager Ron Bishop to sell up to 10 acre feet of water without coming to the Board for approval.  He explained that Mr. Widman wants to put up a 150 acre pivot on land that has not been irrigated, the land does not have any soils issues, and is currently in dryland corn.  The water bank currently has 24 acre feet of water available for sale.  Jim said the Variance/Appeals Subcommittee is recommending approval of the sale. Jim Bendfeldt made the motion to approve the sale of 10.4 acre feet of water from the District’s water bank to Darrell Widman.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Jim reported that the District has a complaint of an alleged violation by James Riley for irrigating land that the Board of Directors had denied an appeal on earlier this year.  The appeal involved 18.6 acres in Buffalo County. Jim said the Variance/Appeals Subcommittee is recommending, and he made the motion, that the Board hold a formal hearing prior to next month’s board meeting on the issue of whether or not to issue a cease and desist order to James Riley.  Keith Stafford seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
WATER RESOURCES COMMITTEE – REPORT & RECOMMENDATIONS: Scott Woodman, chairman of the committee, reported on their meeting held earlier that day.  He said Duane Woodward had given a status report on the Conjunctive Management Study and also the status of the evaluation by HDR on the fully appropriated status of the Platte River below Elm Creek. 
Sale of Property in Dawson County – Scott reported that Mark Czaplewski had reviewed some options on how to sell the property in Dawson County, which included expanding the acres associated with the grain bin and selling that tract separately from the remainder of the property, or selling the entire piece as a single unit including the grain bin, or concurrently listing both the expanded acres associated with the grain bin and the remainder of the property.  The center pivot was sold this spring. Scott said the Water Resources Committee is recommending, and he made the motion, that the property in Dawson County be sold at auction using the three options that were suggested; that Jim Bendfeldt, Dick Mercer, Steve Sheen and Jay Richeson serve on a subcommittee to interview and make a recommendation on which auctioneer to hire for the sale; and that the auction be held in mid-November 2008.  Brian Keiser seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Jim Bendfeldt was absent for the motion. 
PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM:  Mark Czaplewski reported that the Governance Committee met on August 12-13 in Scottsbluff.  He said regarding Program land and habitat activities, the Governance Committee approved moving forward with the appraisals and negotiations on four tracts of land along the Platte.  These are the first parcels of land the Program is considering acquisition of (“acquisition”, here, meaning purchase in fee simple, conservation easements, or lease).  To date, the Land Advisory Committee has reviewed some 30 tracts and started detailed evaluations on maybe half that many.  The Governance Committee also is considering another tract, not for development or management as wildlife habitat, but rather for possible acquisition of water rights.  They have asked the Water Advisory Committee to assist them in establishing a process for evaluating and acquiring surface and ground water for the Program through a conservation easement (possibly similar to the approach used by CPNRD in its water banking).  Regarding monitoring and research, the Program is conducting a variety of new and continuing studies on the Platte including: Vegetation, geomorphology, ongoing least tern and piping plover monitoring, whooping crane monitoring, forage fish, pallid sturgeon, and water quality. Mark also reported that the Governance Committee has also hired a firm to assist them in establishing the Independent Science Advisory Committee and various peer review panels to help review Program science to ensure technically sound science coming out of the Program.  Recommendations on the make-up of these groups should be brought before the Governance Committee this fall. 
TRANS CANADA PIPELINE IN MERRICK COUNTY – REPORT: Mark Czaplewski reported that representatives from the Trans-Canada Co. have approached us asking if we would be interested in learning more about, and possibly providing input on, a 36-inch buried pipeline that they are proposing to build in partnership with Conoco/Phillips Petroleum to transport crude oil.  The pipe will be a minimum of four feet underground with pumping stations along the route.  It is about a seven billion dollar project that would transport as much as 500,000 barrels of crude oil a day.  The pipeline would start in eastern Alberta, Canada, the proposed route would cross our NRD a couple of miles east of Central City, then cross the Platte River and head down to Steele City, NE.  At the Kansas border another pipeline would take it down to the Gulf Coast at Huston and to Louisiana. Mark said they are proposing a meeting be held in York on September 30th.  He said he would send the directors information when we receive it. 
SET LEVY FOR THE 2009 BUDGET: Chairman Vasey resumed the public hearing to set the property tax request for Fiscal 2008/2009.  He asked if there was any one who wanted to present testimony.  There was no one.  He closed the hearing at 2:43 p.m.  Dick Mercer made the motion to approve the “Resolution Setting the Property Tax Request” that set the property tax rate at 0.05592 for both the General and Sinking Funds.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. 
VOTING DELEGATE & ALTERNATE FOR NARD ANNUAL CONFERENCE:  Chairman Vasey reported that the board needs to select a voting delegate and alternate for the NARD September conference. Jay Richeson made the motion that Jim Bendfeldt be selected to serve as the voting delegate and Dick Mercer serve as the alternate.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor, except Jim Bendfeldt and Dick Mercer, who abstained.  Motion carried.  
COST SHARE PROGRAM:  Applications -- Kelly reported that we have received applications for the following cost share programs: Nebraska Soil & Water Conservation Program, Surge Valve Program, Streambank Stabilization Program, Center Pivot Incentive Program, Flow Meter Program, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended that they be approved.   Barry Obermiller made the motion to approve the cost share applications as reported. Scott Woodman seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
FINANCIAL REPORT: Marvion Reichert made the motion to approve the August financial report as read by General Manager Ron Bishop.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
OTHER BUSINESS:  Upcoming Events – As listed on the agenda.  Next Board Meeting – Scheduled for the afternoon of Thursday, September 25th.  Details to follow.
ADJOURN:  Chairman Vasey adjourned the board meeting at 2:50 p.m.             

July 24, 2008
CALL TO ORDER: Vice Chairman Barry Obermiller called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  
ATTENDANCE:  Board members present were:   LeRoy Arends   Dick Mercer   Stephen Schuppan    Jim Bendfeldt   Barry Obermiller   Steve Sheen   Alicia Haussler 
Dan Ohlman   Jim Shiers
   Brian Keiser   Jay Richeson   Keith Stafford   Ed Kyes   Bob Schanou   Jerry Wiese   Dwayne Margritz   Loren Schuett   Scott Woodman     Board members absent/excused – Marvion Reichert, Ed Stoltenberg and Bill Vasey.  Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner – GIS Assistant, Jesse Mintken – Resources Conservationist.  Others present – James Huntwork – NRCS Liaison D.C., Grand Island, Randy Zach – NPPD, Mick Reynolds – Wood River, David Kra___man – The Flatwater Group, Lincoln, Paul Dierking – HDR, Omaha, John Engel – HDR, Omaha, Dan Schulz – Lower Platte South NRD, Lincoln, Monte Moss – City of Wood River, Lori Potter – Kearney Hub.
MEETING NOTICES: Vice Chairman Obermiller reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Ron reported that Keith Stafford had requested to be excused from the June meeting but his name had mistakenly not been added to the list.  Steve Sheen made the motion that the June minutes be modified to include Keith Stafford to the list of excused absences.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor except Keith Stafford who abstained.  Motion carried.
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS: Vice Chairman Obermiller asked if there were any announcements or other business for future meeting agendas.  There were none. 
PUBLIC FORUM: Vice Chairman Obermiller asked if any one wanted to address the board on any item not included on the agenda. No one requested time to speak.        
NATURAL RESOURCES CONSERVATION (NRCS) REPORT: James Huntwork, NRCS Liaison D.C., reported on the Federal Food, Conservation and Energy Act of 2008 (see enclosed).          
EXCUSED ABSENCES: Vice Chairman Obermiller reported that Marvion Reichert, Ed Stoltenberg and Bill Vasey had requested to be excused.  Scott Woodman made the motion that the absences be excused as requested.  Loren Schuett seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
HIKE/BIKE TRAILS:  Dan Schulz, staff member of the Lower Platte South NRD, Lincoln, was requested to report to the board on their trails system.   He said their NRD has been involved with trails since the early 1990’s and currently has three trails.  He said the first one was a railroad corridor that was officially abandoned by the federal government.  A local group in the Great Plains Trail Network put together the money to buy it and requested the NRD to take ownership to operate as a hike/bike trail.  The NRD also got involved in a program called “rail banking”.  This was an act that the federal government put into place because the government understood the importance of maintaining the corridors once the rail service ceased to be profitable to operate.  They allowed groups to file on the corridors to acquire them and use them in the interim for recreation.  He said if a railroad ever wanted to come back in and re-establish service they would have the ability to reclaim the property.
     Dan discussed the cost share programs available for trails from the NE Game and Parks Commission and from the federal ISTEA program that is administered through the NE Department of Roads. The application for the grant program must be applied for by a local governmental entity. Concerning insurance, Dan said the trails are added to the district’s insurance coverage the same as other projects owned by the district.  He said some of the rules have changed since the programs first came out.  One change is that you have to have an engineer put together some preliminary design and cost estimates before you can apply.  He said if the NRD is interested in trails one thing that should be done is to carefully study what kind of maintenance will be necessary, agreements with adjacent landowners on fencing, crossings, noxious weeds control, condition of bridges if any, condition of the ballast, what type of surface will the trail have, etc.  Dan said their NRD utilizes penitentiary inmate crews for maintenance on their projects and estimates they use one crew about 70 percent of the time to maintain about 50 miles of trails.  He estimated their annual maintenance cost at $2,000.00 to $3,000.00 per mile.  Part of that cost involves their agreement with the penitentiary to pay for the crew’s supervisor’s salary and a vehicle.  The State pays for the inmates’ wages.  He also discussed the initial opposition from adjacent landowners and said after the trails were in operation for a while that has greatly improved. He said overall the trails have been very well received, particularly in the urban areas.  
FULLY APPROPRIATED STATUS – EVALUATION BY HDR:  Ron said after the discussion last month on whether or not Central Platte NRD is actually fully appropriated below Elm Creek he contacted HDR and the Flat Water Group and asked them for a cost estimate to do an evaluation, just as the Department of Natural Resources would do. He said they presented a joint proposal that sounded very reasonable.  Ron said he contacted the Executive Committee and they approved having the firms proceed with a study.  John Engel, Paul Dierking and David Kracman reported to the board.  Their report included a brief review of LB 962 that designated certain river basins as fully appropriated and set up a mechanism for an annual review process by DNR to evaluate new areas.  It was also explained that the procedures that DNR utilizes were never applied to the reach below Elm Creek, that it was designated fully appropriated by statute.  This study was done applying the procedures that DNR uses to evaluate new areas to this reach of the Platte River.  The “trigger” for fully appropriated determinations was also discussed, which is “will the current uses cause the supply to be insufficient to sustain the appropriation, do the current uses cause the stream flow to be insufficient to recharge those wells dependent upon the stream flow recharge, and are the uses such that they will deplete the flow so that Nebraska is no longer in compliance with compacts, decrees, contracts and other State and Federal law”.  A copy of the report “CPNRD Fully Appropriated Review” was handed out to the board.  Several charts and graphs were shown regarding whether or not the non- irrigation rights (in this case instream flow rights) have been eroded since the time at which they were granted.   See enclosed “Conclusions” from the report presented at the meeting. The sensitivity in the period of analysis was discussed and that using a longer period of time shows impacts from other hydrologic conditions.  It was agreed that HDR and The Flatwater Group would continue to look at criteria options.
EASTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATION: Jerry Wiese, committee chairman, reported on their meeting held earlier that day.  He briefly reported on the flooding problems that the City of Wood River has had.  He said the committee voted to recommend that $10,000.00 be added to the budget under Special Projects to cost share with the City of Wood River on an engineering study to try to determine a project to help correct that flooding.  This would be pending the City’s agreement to match the District’s contribution.  Jerry said the Budget Committee had approved the addition also.  He said if the board approves the budget with the recommended changes no action would be needed at that time. 
VARIANCE/APPEALS SUBCOMMITTEE–REPORT & RECOMMENDATIONS: Dan Ohlman, chairman of the subcommittee, reported on their hearing held earlier that day.  He said they heard an appeal from Richard Wyman who had requested an appeal to the irrigated acres determination in May.  It was tabled because the committee felt more information was needed.  They requested that he provide the receipts for the dirt work that was done and when the pivot was delivered and set up.  Richard Wyman did provide that information so the Variance/Appeals Subcommittee is recommending, and Dan Ohlman made the motion, that the appeal from Richard Wyman be approved.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
    Dan said they heard a request for a variance from Hi Gain Feedlot to distribute wastewater from their feedlot on to land that has not been certified as irrigated.  Because this is wastewater the Department of Natural Resources has determined that the water has already been accounted for through their commercial wells for the feedlot, so no offsets need to be made.  No new wells are being drilled to augment the wastewater in the lagoon.  There are 6E and 6W soils surrounding the proposed pivot. Dan said the Variance/Appeals Subcommittee is recommending, and he made the motion, that as long as the pivot does not go over the 6E and 6W soils, which would be approximately a 60-acre pivot, that this variance be approved. Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   (LeRoy Arends was absent for the meeting from this point). 
FISCAL 2009 BUDGET:  Vice Chairman resumed the public budget hearing.  He asked if there was any additional testimony that had not been presented at the hearing that opened at 1:30 p.m.  There was no additional testimony.  He closed the hearing at 3:33 p.m.  Following a brief discussion Scott Woodman made the motion to approve the budget including the modifications that were recommended by the Budget Committee and had been reviewed by Ron earlier in the hearing.  (See enclosed Public Budget Hearing Minutes).  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor, except Keith Stafford, who abstained.  Motion carried. 
WATER BANKING STATUS REPORT:  Ron reported that we have acquired two more water rights and are approaching 1,000 acre feet of water and said he has two or three more that are proposed.  Ron also reported that the Platte River Recovery Implementation Program group has contacted the District and are interested in having Central Platte NRD do the administrative work on keeping tract of their water purchases in our water bank.  Ron said he felt this would have some advantages for Central Platte NRD.  PRRIP would acquire the water which would be in the Program’s name.  Central Platte NRD would be reimbursed for the administrative services.  In answer to a question Ron said they are going to be looking at land primarily from Lexington down to Chapman so some of the water will be in that same reach, there will be other water that they will go after above Lexington. 
FARM SERVICE AGENCY INFORMATION - PROGRESS REPORT:  Ron reported on his meeting the previous week in Washington D.C. to meet with members of our Congressional delegation to discuss making some adjustments to the language in the Farm Bill concerning sharing information.  Ron said he got a good reception and said Senator Ben Nelson and Congressman Adrian Smith have pledged their support in working with us, as well as 12 other NRDs and two State agencies that need the information to carry out their programs.  Ron said it is hoped that if some modifications go into the Farm Bill that it will be successful in getting relief from the restrictions.
COOPERATIVE HYDROLOGY STUDY (COHYST) UPDATE:  Duane Woodward reported on the Tech Committee workshop that was held at the NRD office earlier in July and also reported there will be a Sponsors Group meeting August 1st.  He reviewed the original purpose of COHYST, which was to develop tools and data bases to help support and come up with answers to ground water depletions, the Platte River Program, etc.  He said at the Tech Committee workshop they discussed some of the management goals they want the model to be able to answer questions on.  He said they are developing updated models through our conjunctive management study that HDR and others are helping with.  They are looking at a number of upgrades and improvements, trying to make the models operate better as far as monthly time frames, versus annual and seasonal.  One of the things they see in the future of COHYST is to develop a “version four” with better tools on how it handles interaction with the ground water and surface water, maybe more on a monthly time frame versus seasonal or annual. 
     He said they have been using the models and have updated some work that was done in 2006 on stream depletions.  The new work estimated 50 years of stream depletion effects for the ’97 through present development, with the estimates broken out by NRD this time.  He said the Sponsors Group voted to accept the new report.  The stream depletions in the over-appropriated area in our NRD for example, estimated stream depletions caused by new wells since 1997 average about 2,400 acre feet per year.  That is what the depletion will average at the end of 50 years.  The new lands that have come on in our entire area above Elm Creek show stream depletion estimates around 3,400 acre feet.  In our NRD we have been spending some time working on estimating the percent depletions when you pump a new well using an updated Eastern Model.  He said they have been working on developing those percentages for the NRDs upstream (Twin Platte, North Platte and South Platte).  He also reported they have been interviewing applicants to replace the modeler who was at the North Platte NRD.            
PLATTE RIVER PROGRAM – SELECT MEMBER TO LAND ADVISORY COMMITTEE:  Vice Chairman Obermiller said it would be necessary for the board to appoint a member to the Platte River Recovery Implementation Program’s Land Advisory Committee.  He said currently Scott Woodman is serving.  This would be a three-year term.  Alicia Haussler made the motion to appoint Scott Woodman to the Land Advisory Committee for a three-year term.  Loren Schuett seconded the motion.  All board members present, voting by roll call vote, were in favor except Scott Woodman who abstained.  Motion carried.
COST SHARE PROGRAM:  Applications -- Kelly reported that we have received applications for the following cost share programs: Nebraska Soil & Water Conservation Program, Surge Valve Program, Streambank Stabilization Program, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended that they be approved.    Alicia Haussler made the motion to approve the cost share applications as reported. Dan Ohlman seconded the motion.  All board members present, voting by roll call vote, were in favor, except Ed Kyes who abstained.  Motion carried.
FINANCIAL REPORT: Alicia Haussler made the motion to approve the July financial report as read by General Manager Ron Bishop.  Scott Woodman seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. Jim Shiers was absent for the motion.
OTHER BUSINESS:  Upcoming Events – As listed on the agenda.   Next Board Meeting – Tentatively scheduled for Thursday, August 28th.  It was reported that it might be necessary to hold the board meeting a week late due to the need to hold a public hearing for the board to set the tax levy at a different rate than last year.  If the information from the County Assessors is not received in sufficient time to advertise the hearing for the required number of days the board meeting will be scheduled a week later. Details to follow. ADJOURN:  Vice Chairman Obermiller adjourned the board meeting.         

June 26, 2008
CALL TO ORDER: Chairman Bill Vasey called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  
ATTENDANCE:  Board members present were:
LeRoy Arends  Dick Mercer  Steve Sheen  Jim Bendfeldt  Dan Ohlman   Jim Shiers  Alicia Haussler Marvion Reichert Bill Vasey  Brian Keiser Jay Richeson  Jerry Wiese  Ed Kyes                         Loren Schuett   Scott Woodman  Dwayne Margritz  Stephen Schuppan     Board members absent/excused – Barry Obermiller, Bob Schanou and Ed Stoltenberg.  Board member absent – Keith Stafford.  Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner – GIS Assistant, Jesse Mintken – Resources Conservationist.   Others present – James Huntwork – NRCS Liaison D.C., Grand Island, Randy Zach – NPPD, Mick Reynolds – Wood River, Darin Messersmith – Sargent Irrigation, Gothenburg, Pat Carlson – Central City, Lori Potter – Kearney Hub.
MEETING NOTICES: Chairman Vasey reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Alicia Haussler made the motion that the May board meeting minutes be approved as mailed. Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor, except Dwayne Margritz, Marvion Reichert and Jerry Wiese who all abstained.  Motion carried.    
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS: Chairman Vasey asked if there were any announcements or other business for future meeting agendas.  There were none. 
PUBLIC FORUM: Chairman Vasey asked if any one wanted to address the board on any item not included on the agenda. No one requested time to speak.        
NATURAL RESOURCES CONSERVATION (NRCS) REPORT: James Huntwork, NRCS Liaison D.C., reported on the Emergency Watershed Protection Program (see enclosed).         EXCUSED ABSENCES: Chairman Vasey reported that Barry Obermiller, Bob Schanou and Ed Stoltenberg had requested to be excused. Scott Woodman made the motion that the absences be excused as requested.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
VARIANCE/APPEALS SUBCOMMITTEE–REPORT & RECOMMENDATIONS: Dan Ohlman reported that the Subcommittee held a hearing on two requests for a variance on expansion of irrigated acres earlier that day.   He reported that the first request was from Helen Jorges for acres in Frontier County.  Dan said the subcommittee is recommending the variance be approved because the work had been done prior to the soil classification rules going into affect and offsets had been provided.  The acres have been cropped and irrigated since 2006 and the offsets have been left dryland for those years. Dan Ohlman then made the motion that the request for a variance from Helen Jorges be approved.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. Dan reviewed the fact that Larry Nickman had been in last month with a request for an appeal, which had been denied. He said that Larry had submitted a re-appeal and had presented a letter he had received from the Lower Loup NRD. The land that he wants to irrigate is in the Loup Basin of influence and the offset land is in the Platte Basin of influence, which is a violation of our Groundwater Management Plan Rules and Regulations.  Mr. Nickman got a letter from the Lower Loup NRD stating that this transfer does not violate any of Lower Loup’s Rules and Regulations and as long as Mr. Nickman follows the Central Platte Rules and Regulations the transfer could be allowed.  Because this is a violation of the current rules and regulations of the Central Platte NRD to transfer across the basin of influence, the Committee is recommending that this request be denied.  Also, Mr. Nickman does not have enough offset water to cover the land he wants to irrigate so he would need to buy water from that zone of influence.  Central Platte’s water bank does not have any water available in that area. Dan Ohlman said the Variance/Appeals Subcommittee is recommending, and he made the motion, that the request for a variance from Larry Nickman be denied.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor, except Marvion Reichert who abstained, and Loren Schuett who voted no.  Jim Bendfeldt was absent for the vote.  Motion carried. 
Ron briefly reported that we have received notice that we are being sued by Bill Kuehner over the denial of his certified acres, specifically the five or six tracts down by the river and the one north. 
WATER RESOURCES COMMITTEE – REPORT & RECOMMENDATIONS: Committee chairman, Scott Woodman, reported on their meeting held earlier that day.
Groundwater Quality Management Plan – Scott said that Sandy Noecker had reported to the committee the need to get information from the FSA (Farm Service Agency) offices in order to check compliance for the district’s Groundwater Management Program.  She said that we have been unable to get the information from those offices.  Scott said that Ron will continue efforts to get the information through the Freedom of Information Act, but if that is unsuccessful we may go through the process of a law suit.
Demo Projects – Scott said that Dean Krull with the UNL Extension Service reported on some of the demonstration projects he has been doing including a polymer injection demonstration. 
Water Banking – Scott said that Ron had given the committee a status report on the water bank purchases and pending purchases as well as sales from the water bank. 
GROUNDWATER QUALITY MANAGEMENT PLAN – PROPOSED CHANGES TO RULES & REGULATIONS: Chairman Vasey said there had been a hearing on the proposed changes to the Groundwater Management Plan Rules and Regulations just prior to the board meeting (see enclosed).  He resumed the hearing and asked if there was any additional testimony.  None was presented.  He closed the hearing at 2:35 p.m.  Marvion Reichert made the motion to approve the proposed changes to the Groundwater Management Plan’s Rules and Regulations including the suggestions from the Department of Natural Resources.  Dan Ohlman seconded the motion.  All board members present, voting by roll call vote, were in favor except Alicia Haussler who abstained.  Motion carried.
PROGRAMS COMMITTEE REPORT & RECOMMENDATIONS: Ed Kyes reported on the committee’s meeting that had been held earlier that day.  He said there had been a request for the committee to discuss hike/bike trails.  He said Jerry Hoegh, who serves on the Hamilton County Board was in attendance and expressed some of his concerns.  There were also a couple of farmers from the Marquette area as well as Dale Carlson.  There was a lot of general discussion. He said that some of the NRDs in the eastern part of the state are very involved in hike/bike trails and it was decided that a representative from one of those NRDs should be invited to discuss their trail operations with the committee or board.  Note:  Jim Bendfeldt was absent from the meeting after 2: 35 p.m.
PRELIMINARY FISCAL 2009 BUDGET: Chairman Vasey said the board will need to adopt a proposed budget for purposes of holding a public hearing and will need to set the date and time for the public hearing.  He asked Ron to review the proposed budget of expenditures. Ron said the proposed expenditures that were sent to the directors were those that the Budget Committee has reviewed and are proposing.  He said the Budget Committee will meet prior to the July board meeting and may recommend amendments.  He said the board will also be able to amend the proposed budget at the July meeting following the hearing, prior to adopting a budget for Fiscal 2009.  Scott Woodman made the motion to hold the public budget hearing a half hour before the July 24th board meeting.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.Marvion Reichert made the motion to approve the proposed budget for purposes of holding the public budget hearing July 24th.  Loren Schuett seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
BIDS FOR IRRIGATION EQUIPMENT IN DAWSON COUNTY: Mark Czaplewski reported that we had received bids from two individuals for the irrigation power units and pumps.  He said the information on the bid letting was published in several newspapers.  Mark said Russ Spradlin had submitted the high bids.  He bid $3,750.00 for the newer power unit and pump and $600.00 for the older power unit and pump.  Alicia Haussler made the motion that the high bids from Russ Spradlin for both irrigation power units and pumps be accepted.  Scott Woodman seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
TREE PROGRAM REPORT: Kelly Cole reported on the 2008 tree planting and weed barrier program (see enclosed). 
COST SHARE PROGRAM:  Transfer of Funds – Kelly requested that the board approve transferring $7,450.00 from the Surge Valve Program with $6,600.00 going to the Well Decommissioning Program, $650.00 to the Fertilizer Calibration Meter Program, and $200.00 to the Tree/Weed Barrier Program. Jay Richeson made the motion to approve the transfer as recommended.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor except Ed Kyes who abstained.  Motion carried.
Applications -- Kelly reported that we have received applications for the following cost share programs: Flow Meter Program, Surge Valve Program, Center Pivot Incentive Program, Streambank Stabilization Program, WILD Nebraska Program and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended that they be approved. Alicia Haussler made the motion to approve the cost share applications as reported. Scott Woodman seconded the motion.  All board members present, voting by roll call vote, were in favor, except Ed Kyes who abstained.  Motion carried.
WATER LEVEL REPORT:  Ron said that after Jesse had completed the base survey he rechecked some of the wells in certain locations to find out what the water table has done after the heavier rainfalls that we have been getting. Jesse explained the schedule and locations of the wells that are read on a regular basis.  He compared levels of wells from May 6th to June 18th.  He also reported on measurements of the river levels that are taken in various locations (see enclosed charts). 
FINANCIAL REPORT: Marvion Reichert made the motion to approve the June financial report as read by General Manager Ron Bishop.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. 
UPCOMING EVENTS:
As listed on the agenda.
OTHER BUSINESS: NARD Board Meeting – Chairman Vasey briefly reported on the meeting that had been held in Columbus, including information on their tour of the Loup River system.  
Next Board Meeting – Scheduled for the afternoon of July 24th.  Details to follow. ADJOURN:  Chairman Vasey adjourned the board meeting at 3:07 p.m.                   

May 22, 2008
CALL TO ORDER: Chairman Bill Vasey called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  
ATTENDANCE:  Board members present were:  LeRoy Arends   Barry Obermiller   Steve Sheen   Jim Bendfeldt   Dan Ohlman  Jim Shiers  Alicia Haussler  Jay Richeson   Keith Stafford
Brian Keiser     Bob Schanou    Ed Stoltenberg    Ed Kyes    Loren Schuett     Bill Vasey    Dick Mercer    Stephen Schuppan  Scott Woodman
Board members absent/excused – Dwayne Margritz, Marvion Reichert and Jerry Wiese.  Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner – GIS Assistant, Jesse Mintken – Resources Conservationist.     Others present – State Senator Annette Dubas – Fullerton, Ronald Dubas – Fullerton, James Huntwork – NRCS Liaison D.C., Grand Island, Ken Gnadt – Grand Island, Buzz Douthit – Grand Island, Pat Carlson – Central City, Mick Reynolds – Wood River, Lori Potter – Kearney Hub, Randy Zach – NPPD.    
MEETING NOTICES: Chairman Vasey reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Alicia Haussler made the motion that the April board meeting minutes be approved as mailed. Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor, except Brian Keiser and Jim Shiers who abstained.  Bob Schanou and Keith Stafford were absent for the motion.  Motion carried.    
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:  Chairman Vasey asked if there were any announcements or other business for future meeting agendas.  There were none. 
PUBLIC FORUM: Chairman Vasey asked if any one wanted to address the board on any item not included on the agenda. No one requested time to speak.        
NATURAL RESOURCES CONSERVATION (NRCS) REPORT: James Huntwork, NRCS Liaison D.C., reviewed the current Cooperative Working Agreement between the Natural Resources Conservation Service and Central Platte NRD. He also reported on the Food, Conservation & Energy Act of 2008. (See enclosed).        
EXCUSED ABSENCES:
Chairman Vasey reported that Dwayne Margritz, Marvion Reichert, and Jerry Wiese had requested to be excused. Alicia Haussler made the motion that the absences be excused as requested.  Keith Stafford seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
HIKE/BIKE TRAILS:  Former Grand Island Mayor Ken Gnadt addressed the board concerning the benefits of hike/bike trails and asked that the board consider supporting the proposed trail between Central City and Marquette.  Buzz Douthit also addressed the board and asked for the support for the proposed trail.
VARIANCE/APPEALS SUBCOMMITTEE–REPORT & RECOMMENDATIONS: Dan Ohlman reported that the Subcommittee held a hearing on four requests for appeals of certified acres earlier that day.  He said the subcommittee had heard a request for an appeal from Larry Nickman.  He would like to transfer water from in the Platte Basin to land in the Loup Basin.  Our rules and regulations state that the offset acres must come from the same basin of influence.  Dan Ohlman said the Variance/Appeals Subcommittee is recommending, and he made the motion, that the request from Larry Nickman be denied.  Bob Schanou seconded the motion.  All board members present, voting by roll call vote, were in favor, except Steve Sheen, who abstained.  Motion carried. 
     The second appeal was from Greg Wilke who had previously been denied an appeal.  Greg brought new information before the subcommittee that showed the land was irrigated.  Dan said the Subcommittee is recommending, and he made the motion, that the re-appeal from Greg Wilke be approved.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  The subcommittee heard an appeal from Richard Wyman.  Because of the aerial photography of the area, they felt that they needed more information to approve this appeal.   Dan said the Variance/Appeals Subcommittee is recommending, and he made the motion, that the appeal from Richard Wyman be denied until receipts of the dirt work that was done and when the pivot was delivered and set up are provided to the Committee.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Dan reported that the fourth appeal was from Raymond Schott.  The tract is in the original State’s stay and was irrigated by an existing well, therefore the land had to be irrigated by July 2004.  From the information provided it was determined it was not irrigated by that date.   Dan said the Subcommittee is recommending, and he made the motion, that the appeal from Raymond Schott be denied.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
WATER RESOURCES COMMITTEE – REPORT & RECOMMENDATIONS: Committee chairman, Scott Woodman, reported on their meeting held earlier that day.  
Report on Soils Classifications – Scott reported that landowner Dave Ogden had addressed the committee on the soils classifications in the District’s Groundwater Management Plan rules and regulations.  
Review Proposed Changes for Rules & Regulations & Set Public Hearing Date – Scott said the proposed changes were discussed by the committee.  The changes indicated in red were discussed at last month’s meeting and those in blue were suggestions developed by General Manager Ron Bishop and NRCS Liaison D.C. James Huntwork.  Copies of the proposed changes were given to the directors.  He asked if there were any questions.  There were none.  Scott made the motion that the proposed changes to the Groundwater Management Plan rules and regulations be approved for purposes of holding a public hearing and that the hearing be held just prior to the June 26th board meeting.  Dick Mercer seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
Short Term Lease of B-1 Water – Scott reviewed the fact that in order to keep our water right we have to take water into the B-1 reservoir from NPPD every five years.  Ron reported to the committee that we have been approached to lease some of the water on a short term basis. Scott said the Water Resources Committee is recommending, and he made the motion, that General Manager Ron Bishop be authorized to negotiate short term leases on up to 50 percent of the B-1 water, not to exceed into the year that we are required to take water into the reservoir, and that he report the details of the leases to the board,  Loren Schuett seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Water Levels – Scott said the committee also heard a report on water levels across the district.  Ron reported there has been a lot of recovery in just one year from the six years of drought.  Loren Schuett suggested the information be sent to the news media, including the Omaha World Herald and Lincoln Journal Star.  Ron said that would be done.  
BUDGET COMMITTEE REPORT: Ron reported that the Budget Committee had met earlier that day and began work on the committees’ and staffs’ recommendations for the Fiscal 2009 budget.  He said the recommended budget is down about $150,000.00 from last year but Dianne has estimated that balances on hand will be down considerably from last June 30th.  However, final information on those balances will not be known until the books are closed at the end of June.  Ron said the recommendations will be sent to the board for review prior to the June board meeting.   He said it would be necessary to adopt a proposed budget for purposes of holding the public hearing, which is usually done just prior to the July board meeting.  Ron said changes can be made at the June board meeting or at the July meeting prior to adopting a new budget. Chairman Vasey reported that the Budget Committee is recommending that Ron’s contract be extended for an additional two years.  He said the current contract goes until July 2010 and the committee is recommending that it be extended until July 2012 and also that his base salary for Fiscal 2009 be increased by 4.5 percent. Bob Schanou made the motion to approve the Budget Committee’s recommendation to extend General Manager Ron Bishop’s contract for an additional two years and his Fiscal 2009 base salary be increased by 4.5 percent.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM UPDATE: Mark Czaplewski reported that Federal authorizing legislation for Program funding has been passed by the House and Senate and was signed into law by the President on May 8th.  The law authorizes the Secretary of the Interior to proceed with the Program and includes $157 million to carry it out.  Under the Program’s 50/50 cost split between the federal government and the three basin states, the states will also contribute that amount in cash (Colorado $24 million and Wyoming $6 million) or equivalents for the First Program increment of 13 years.  The Program’s signatories have finalized an agreement with a subsidiary of the Nebraska Community Foundation creating the Program’s Land Interest Holding Entity (LIHE – called the Platte River Recovery Implementation Foundation).  The LIHE duties and responsibilities are laid out in the Program document.  The LIHE will hold title to land rights, but will not be directly involved in land rights acquisition or management.  With the LIHE established and funds available, the Land Advisory Committee will work with the Program’s Executive Director’s office and the Governance Committee to begin pursuing Program land rights acquisition (lease, fee title and conservation easements) in greater earnest. 
COST SHARE PROGRAM – APPLICATIONS: Kelly reported that we have received applications for the following cost share programs: NE Soil & Water Conservation Program, Streambank Stabilization Program, WILD Nebraska Program and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended that they be approved.  Alicia Haussler made the motion to approve the cost share applications as reported. Jay Richeson seconded the motion.  All board members present, voting by roll call vote, were in favor, except Brian Keiser who abstained.  Motion carried.
INTEGRATED MANAGEMENT PLAN TIME EXTENSION – RECOMMENDATION & ACTION: Ron reviewed the fact that when the bill authorizing IMP’s was passed it required that an integrated management plan would be developed in the NRDs that are fully appropriated and if the NRD is over-appropriated the NRDs in the basin have to develop an IMP for the basin.  The time schedule was that the plans be done in three years with the possibility of up to two one-year extensions.  We asked for an extension a while back when the basin plan was not completed.  Then DNR Director Ann Bleed extended it for eight months.  That time is up and we still do not have a basin plan.  DNR has asked us to concur with them that we need to extend it until the end of the two year limitation which would be in September 2009.  Ron said he would recommend that the board authorize him to send a letter to DNR concurring with their recommendation.  Scott Woodman made the motion to extend the date for submitting the completed Integrated Management Plan to September 2009.  Dick Mercer seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
FINANCIAL REPORT: Dick Mercer made the motion to approve the May financial report.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor, except Loren Schuett who abstained.  Motion carried. 
UPCOMING EVENTS:
As listed on the agenda.
OTHER BUSINESS: Next Board Meeting – Scheduled for the afternoon of June 26th.  Details to follow.  ADJOURN:  Chairman Vasey adjourned the board meeting at 3:17 p.m.

April 24, 2008
CALL TO ORDER: Chairman Bill Vasey called the meeting to order at 2:30 p.m., a half hour later than advertised because the hearing on possible unauthorized new irrigated acres ran long.  He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  
ATTENDANCE:  Board members present were:   LeRoy Arends, Barry Obermiller, Stephen Schuppan, Jim Bendfeldt, Dan Ohlman, Steve Sheen, Alicia Haussler, Marvion Reichert, Ed Stoltenberg, Ed Kyes, Jay Richeson, Bill Vasey, Dwayne Margritz, Bob Schanou, Jerry Wiese, Dick Mercer, Loren Schuett, Scott Woodman    Board members absent/excused – Brian Keiser, Jim Shiers, and Keith Stafford.   Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner – GIS Assistant, Jesse Mintken – Resources Conservationist.      Others present – James Huntwork – NRCS Liaison D.C., Grand Island, Mike Pavel – NRCS, Kearney, Lori Potter – Kearney Hub, Robin Marshall – Kearney, Bill Kuehner – Doniphan, Ken Woitaszewski – Wood River, Dale Carlson – Central City  
MEETING NOTICES: Chairman Vasey reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Alicia Haussler made the motion that the March board meeting minutes be approved as mailed. Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.    
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:  Chairman Vasey asked if there were any announcements or other business for future meeting agendas.  There were none. 
PUBLIC FORUM: Chairman Vasey asked if any one wanted to address the board on any item not included on the agenda. No one requested time to speak.        
NATURAL RESOURCES CONSERVATION (NRCS) REPORT: James Huntwork, NRCS Liaison D.C., briefly reported on conservation compliance determinations in Central Platte NRD on highly erodible land for crop years 2004 – 2007 (see enclosed) and Mike Pavek, NRCS Resources Conservationist, Buffalo County reported on NRCS activities in that county.     
EXCUSED ABSENCES: Chairman Vasey reported that Brian Keiser, Jim Shiers, and Keith Stafford had requested to be excused.  Bob Schanou made the motion that the absences be excused as requested.  Scott Woodman seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
VARIANCE/APPEALS SUBCOMMITTEE–REPORT & RECOMMENDATIONS: Dan Ohlman reported on the Variance and Appeals Hearing held earlier that day and had three appeals concerning irrigation certification.   The first was from Bill Kuehner.  He had applied for several appeals to the irrigation certification in July 2007.  All but one of those appeals were denied by the board in August 2007.  He then re-applied for the appeals based on new information that he presented to the board last month and this month.  Dan said the Variance/Appeals Committee has extensively reviewed the applications and did not find sufficient evidence that the land was irrigated in the time frame that complies with the District’s Rules and Regulations.  Dan Ohlman said that based on the evidence and data presented, the Subcommittee is recommending, and he made the motion, to deny all of the appeals from Bill Keuhner.  Bob Schanou seconded the motion.   In answer to a question Dan said there were re-appeals on about six pieces of land.  Ed Stoltenberg asked if there was a question on whether the land had been irrigated in 2005.  It was clarified that the tracts south of Grand Island were in the original moratorium area and would have had to be irrigated in 2004.  However, all the area could not have been gravity irrigated (because of the terrain) and they were not pivot irrigated in 2004. Ron said the pastureland north of Grand Island was outside the original moratorium and would have had to be irrigated prior to the end of the 2005 irrigation season.  That pivot did not show up on the aerial photography that was taken in late August or early September 2005. The aerial imagery did not show a center pivot until 2006.  Ed Stoltenberg said the pivot was put in September of 2005.  In answer to a question as to whether it was irrigating in 2005 Ed said, “It was up and running with water.  He was running the pivot wet with water.  I can’t verify that he made a full circle but I know it was up and running”.   Further discussion followed.   Dick Mercer made the motion to call for the question.  Bob Schanou seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. Dan Ohlman’s motion to deny the appeals from Bill Kuehner was voted on.  Board members voting in favor:  Jim Bendfeldt, Alicia Haussler, Ed Kyes, Dwayne Margritz, Dick Mercer, Barry Obermiller, Dan Ohlman, Marvion Reichert, Jay Richeson, Bob Schanou, Steve Sheen and Scott Woodman.  Voting opposed:  LeRoy Arends, Loren Schuett, Stephen Schuppan, Ed Stoltenberg and Jerry Wiese.  Motion carried 12 to 5. Dan reported that there was an appeal from Greg Robb involving 5.6 acres on a pivot corner that Mr. Robb says he irrigates with a dump valve.   The Variance/Appeals Subcommittee is recommending, and Dan made the motion, that the appeal from Greg Robb be denied for certification of irrigated acres but that he can continue to use the dump valve, and also the land is not eligible for water banking.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Dan reported that the third appeal was from James Riley.  The appeal was for 12.7 acres that was taxed as dryland and was certified by FSA in 2004 as non-irrigated native grass.  The land was purchased in 2007 as non-irrigated land.  Dan said the Variance/Appeals Subcommittee is recommending, and Dan made the motion, that the appeal from James Riley be denied for certification of irrigated acres. Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
ACTION ON POTENTIAL CEASE & DESIST HEARING:  Chairman Vasey asked General Manager Ron Bishop to report on this item.  Ron said the question is whether the board feels the Osantowski’s were in violation of the District’s rules and regulations prohibiting unauthorized new irrigated acres and, if so, whether a cease and desist order is warranted, and if it is warranted what type of requirements does the board want to place on the cease and desist order.   Dick Mercer said he would like to delay any action on this matter because he did not feel he had enough time to consider the information presented.  He also said he hoped that the Osantowski’s would make a concerted effort to meet with staff to see if this could be worked out.  Dick said he would make the motion to delay any action concerning the Osantowski’s at this time.  Loren Schuett seconded the motion.  Dick said, “I would also like to say, if you need a time limit on it, I’d be glad to put a time limit on it.  I think it’s one of these…this is something that we don’t face very often and when we make a decision like this we want to make sure that we feel like we’ve made the right one”.   A discussion followed.  One of the items discussed was that it would be difficult for the Osantowski’s to plan for the use of the acres in question because of the short time before planting needs to be done.  Further discussion followed including the fact that if a cease and desist order were issued there are options that could be added to the order, for instance that the Osantowski’s could agree to allow Central Platte NRD access to their FSA records to show the acres were irrigated in 2004, or offsetting the acres in question if it is determined that they were irrigating the acres inappropriately.  Dick Mercer withdrew his motion.  Loren Schuett withdrew his second.
    
Bob Schanou made the motion that a Cease and Desist Order be issued against the Osantowski Brothers but give them the opportunity to give Central Platte NRD access to their FSA records showing the acres in question were irrigated in 2004, or make arrangements for offsets for all the depletions, including for 2005, 2006 and 2007 depletions, if they decide to provide the offsets that they work with staff to submit a plan, which must be submitted by June 1, 2008 on how offsets for the depletions will be made, along with a time table for the offsets.  Alicia Haussler seconded the motion. In answer to a question on whether staff would determine if the stipulations of the cease and desist order had been met, Dick Mercer said, “The board will still have the final say, because the staff will have to come to us and say ‘this can be removed because here is what has been done to rectify it”.  Question was asked concerning how the Osantowski’s would offset for three years on the approximate 90 acres.  Ron said it would not have to be done all at one time.  In order to irrigate in 2008 they would have to provide offset water for the approximate 90 acres that year, and would have to have a plan and a time table on how ‘05, ‘06 and ‘07 were going to be made up.  He said if they presented a reasonable plan and schedule he would propose that the board accept it. The motion was voted on.  Board members voting in favor were:  Jim Bendfeldt, Alicia Haussler, Ed Kyes, Dwayne Margritz, Dick Mercer, Barry Obermiller, Dan Ohlman, Jay Richeson, Bob Schanou, Steve Sheen and Scott Woodman.  Board members voting opposed were LeRoy Arends, Marvion Reichert, Loren Schuett, Stephen Schuppan, Ed Stoltenberg and Jerry Wiese.  Motion passed 11 to 6.
WATER RESOURCES COMMITTEE – REPORT & RECOMMENDATIONS:   Scott Woodman, chairman of the committee, reported on their meeting held earlier that day.   District’s Policy on Transfer of Irrigated Acres – Scott thanked the subcommittee that worked on the recommendations for the District’s Groundwater Management Plan’s regulations concerning soils classifications. Scott said in the Water Resources Committee meeting some slight changes were made to the original recommendations. He briefly reviewed the changes and a copy of the revised proposed recommendations dealing with transfers off of overlying land involving Class 4e, 5w and 6e soils was handed out.  (See enclosed.) Jerry Wiese then made the motion that the proposed changes, as reviewed and amended in the Water Resources Committee meeting, be approved.  Marvion Reichert seconded the motion. All board members present, voting by roll call vote, were in favor.  Motion carried.  Loren Schuett was absent for the motion.   Water Banking Update – Scott said that Ron had given a status report on the water banking activities.    Budget – Scott said the committee also worked on recommendations for the Fiscal 2009 budget.  He said they took out $25,000.00 that was being considered for the Crane Meadows item under Special Projects. Jay Richeson made the motion to forward the Water Resources Committee’s proposed budget to the Budget Committee.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Loren Schuett was absent for the motion and vote.
WESTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATION:  Dick Mercer, chairman of the committee, reported that the committee had met earlier that day and had continued to work on the committee’s 2009 budget recommendations.  He said no action was necessary on any item at this time. 
PROGRAMS COMMITTEE REPORT & RECOMMENDATIONS: Barry Obermiller, chairman of the committee, reported that they had continued work on the committee’s budget recommendations and also have some recommended changes to some of the cost share programs.   Cost Share Programs -- Barry said the Programs Committee is recommending, and he made the motion, to make the following changes:  Under the NE Soil & Water Conservation Program, Practice NC 17 – Irrigation Water Management to set a $5,000.00 limit per year per landowner, Practice NC 14 – Planned Grazing Systems to raise the cost share cap to $7,500.00 from its current $5,000.00, under the Center Pivot Incentive Program they are recommending that the “one per landowner/operator per life time” be changed to “one per landowner/operator per year” and increase the cost share maximum to $7,500.00 based on an amount per foot, and under the Well Abandonment Program they are recommending it be changed on all irrigation wells to pay up to 60% or a maximum of $750.00.  These changes would be effective July 1st.  Steve Sheen seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Loren Schuett was absent for the motion and vote.
Education Scholarships -- Barry said the committee discussed this year’s applications for scholarships, to be paid for under the “Scholarships/Education” budget item. All of the applicants are enrolled, or will be enrolled, in some type of natural resource degree program. He said the Programs Committee is recommending, and he made the motion that the nine scholarships for natural resources education be awarded in the amount of $500.00 each.  Scott Woodman seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Loren Schuett was absent for the motion.
RENT BIDS FOR DRYLAND IN DAWSON COUNTY & ABANDON WELL:  Chairman Vasey asked Ron to report on this item.   Dry Land Cash Rent Agreement -- Ron said there were two individuals who submitted bids to “cash rent” the tract involving a little less than 200 acres in Dawson County that the District had purchased and converted to dry land.  One bid was $8,000.00 and one was $20,000.00.  The high bid was from Peterson Farms of Bertrand.   Ron said after visiting with the Executive Committee and considering the late date a rental agreement was sent to Matt Peterson for his approval for the lease for the coming crop year.  Ron said he hoped the board would ratify the action taken.   Alicia Haussler made the motion to ratify the action that has been taken on the one year cash rent agreement with Peterson Farms of Bertrand for the dry land acres in Dawson County.  Jerry Wiese seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Loren Schuett was absent for the motion.   It was reported that this is a one year lease and it is hoped that the land will be sold before the next growing season. 
     Wells & Concrete Pads – Ron said on that land are a couple of wells.  He said it would be proposed to leave the well that is along the edge of the property in case the new owner wants to use it as a stock watering well.  There is also a well in the center of the property that ran the center pivot.  In that area is also a 20 foot concrete pad.   Ron said that Jay Richeson had provided several names of companies that might want to do the work.  We only received one proposal, which was from Steve Liehs, S&K Pump of Overton.  His proposal was to abandon the well and remove the pivot pad, pull the pump and store it until it can be sold for $1579.93.  Marvion Reichert made the motion to accept the bid from S&K Pump as reported by Ron. Scott Woodman discussed the possibility of leaving the concrete in case someone buying the land wanted to section it off with a stock watering tank in the center for a planned grazing system.  He suggested that it might be better to pull the pumps, cap the wells and leave the concrete pads for now, and when the land is sold have the restriction that the wells be abandoned if they are not going to be used as live stock wells. Marvion Reichert amended his motion to read:  Hire Steve Liehs, S&K Pump, to pull the pumps and cap the wells but leave the concrete pads on the property the District owns in Dawson County.  Scott Woodman seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Loren Schuett was absent for the motion.   Jay Richeson suggested that as soon as the pumps are pulled out to advertise them right away.  He said he knew of people who have indicated an interest in purchasing them.  One is a 25 hp and one is a 30 hp, both US’s, hollow shafts.  One was put in in ’98 and one was in ’74. 
HIKE/BIKE TRAIL AGREEMENT PROPOSAL: Milt Moravek reported on this item.  He reviewed the proposed hike/bike trail, which involves about seven miles between Central City and Marquette, as well as the proposed inter-local agreement that has been developed by Central Platte NRD and Upper Big Blue NRD with assistance from our attorneys.  The trail would be paid for by Inter-modal Surface Transportation Efficiency Act Program funds (ISTEA Program) through the Department of Roads, which provides 80% of the funds.  The 20% local match is taken care of by the fact that the Nebraska Trails Foundation owns the land.   Milt explained what Central Platte NRD’s responsibilities would be under the proposed agreement, which would be to hold title to the land, act as the contracting local organization, and would apply for the ISTEA grant.  He said it would also be necessary to establish a maintenance budget.  The agreement proposes that annually Central Platte and Upper Big Blue would each put in $1,000.00 and each of the other entities would put in $250.00.  It is anticipated that maintenance should not be very extensive.  He also explained the clause for termination of the contract.  Milt said if the board approves the agreement that he and representatives from the Upper Big Blue NRD employees would attend the city council meetings, village board meetings and county board meetings to present the proposed agreement to them. He said the city of Aurora is listed but the trail would only go to Marquette for the time being.  He said it may be a number of years before the trail would be extended to Aurora because the rail road tract is still being used, but it was decided to give that community an opportunity to participate under the proposed agreement.  Milt said if the board approves the proposed agreement he and representatives from the Upper Big Blue NRD would meet with the other entities to try to get them to participate.   Several directors questioned whether the board had actually voted to support the project. Ron said the board had instructed staff to see what kind of interest there was and the proposed agreement was the tool that we developed to measure what kind of interest there might be.  Ron said the board has not authorized Central Platte NRD’s sponsorship of the project.  Discussion followed on several items including the petitions received opposing the trail, and the past discussion concerning the fact that Central Platte NRD might not be interested in being the lead agency in the effort.  It was requested that the motion made last year be checked.  While that was being done the board moved on to the next item on the agenda.    
WATER LEVELS REPORT:  Ron said that Jesse Mintken has been measuring wells this spring for water levels.  So far he has done east of Grand Island, part of Hall County and part of Buffalo County.  He asked Jesse to report on this item.  Jesse handed out graphs showing Spring 1982 Static Water Levels, Spring 2007 Static Water Levels, Ground Water Level Changes Spring 1982 Through Spring 2007, Ground Water Level Changes Spring 2006 Through Spring 2007, Fall 2007 Static Water Levels, Ground Water Level Changes Fall 2006 Through Fall 2007, Spring 2008 Static Water Levels, Ground water Level Changes Spring 1982 Through Spring 2008, and Ground Water Level Changes Spring 2007 Through Spring 2008.  Two of the reports were of particular interest.  The Spring 2007 compared to Spring 2008 showed rises in the water levels across the area measured of up to seven feet with parts of southern Hall County and parts of Polk County showing little change from 2007.   The other chart was the Spring of 1982 through Spring of 2008, a 26 year period.  It showed generally water levels higher in 2008 than in 1982 for Hall County, the southeast corner of Howard County and the western part of Merrick County (levels are up two to 10 feet) and water levels in the rest of Merrick, Hamilton, Polk and Platte Counties the same as or up to two feet lower than they were 26 years ago.  It was stated that when the 2008 water levels are completed for the entire District a report will be made available and sent to the news media. 
HIKE/BIKE TRAIL AGREEMENT PROPOSAL: Milt reviewed past minutes.  The proposed trail was first discussed in February 2007 and was turned over to the Programs Committee.  In April 2007 Alicia Haussler reported that the Programs Committee had discussed the proposed trail.  Several people had addressed the committee, both in favor and against.  At the April 2007 board meeting a motion was passed instructing staff to research whether there was interest in developing an inter-local agreement for the proposed trail and that Ron and staff have a meeting with representatives from the Upper Big Blue NRD, Merrick County, Hamilton County, and the cities of Central City, Marquette and Aurora to determine if there is interest in establishing an inter-local agreement.  Milt said that he had given a status report in May 2007 on the meeting that had been cosponsored by the two NRDs and held in Marquette.  He said there were representatives from the various entities.  It was planned that he and someone from the Upper Big Blue NRD would attend the county board and city council meetings to see if all of the agencies were interested in forming a cooperative agreement on the trail.  The City of Central City had already passed a motion supporting the trail.  After that meeting our attorney was asked to develop a suggested inter local agreement for the entities to consider.  There was a several month delay before the draft agreement was ready.   Discussion followed.  In answer to a question Milt said that at the meeting in Marquette the NRDs were requested to develop a draft cooperative agreement so the other entities could review it to see if it would be acceptable to them.  The fact that there is a lot of support, as well as a lot of opposition was also discussed. It was also reviewed that a government entity has to apply for the ISTEA grant, it can not be a private agency.   Jim Bendfeldt made the motion to have the board indicate whether they support or oppose being a sponsor for the trail.  Stephen Schuppan seconded the motion. Dale Carlson from Central City addressed the board voicing his support of the proposed project.  The board’s action to help financially on the Kearney hike/bike trail was discussed.  Bill Kuehner addressed the board and said he did not think Upper Big Blue NRD had voted to buy the right of way and said Hamilton County board had voted three to nothing to have no part of it. More discussion followed.  The motion by Jim Bendfeldt was withdrawn.  Following additional discussion Dick Mercer made the motion to ask the question “should Milt proceed with contacting the other entities about getting input from potential participants on the proposed interlocal cooperative agreement for the proposed Merrick County hike/bike trail?”  Barry Obermiller seconded the motion.  Board members present, voting by roll call vote in favor were:  Alicia Haussler, Ed Kyes, Dick Mercer, Barry Obermiller, Jay Richeson, Bob Schanou and Scott Woodman.  Voting against were:  LeRoy Arends, Jim Bendfeldt, Dwayne Margritz, Dan Ohlman, Marvion Reichert, Stephen Schuppan, Steve Sheen, Ed Stoltenberg and Jerry Wiese.  Motion failed seven to nine.  Loren Schuett was absent for the motion.
LEGISLATION REPORT:  Milt Moravek briefly reported on legislation this year that would affect NRDs.  He handed out a copy of the final NARD Legislative Report (see enclosed).        
FSA RECORDS:  Ron reported that we are proceeding with the effort to obtain access to the FSA records.  He said there will be some expenses for attorney fees and also reported that we are getting support from other NRDs to share with some of the expense. 
COST SHARE PROGRAM:  Transfer of Funds -- Kelly Cole reported that we have received applications for the Fertilizer Calibration Meter Program and the Tree Planting Program in excess of the funds available for those programs.  She recommended that $2,200.00 be transferred from the Surge Valve Program with $600.00 going to the Fertilizer Calibration Meter program, and $1,600.00 going to the Tree Planting Program. Dick Mercer made the motion to transfer $2,200.00 from the Surge Valve Program, with $600.00 going to the Fertilizer Calibration Meter program and $2,200.00 going to the Tree Planting Program as recommended.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. Loren Schuett was absent for the motion.
Applications -- Kelly reported that we have received applications for the following cost share programs: NE Soil & Water Conservation Program, Fertilizer Calibration Meter Program, Surge Valve Program, Flow Meter Program, NRD Tree Planting Program, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended that they be approved.  Alicia Haussler made the motion to approve the cost share applications as reported.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. Barry Obermiller and Loren Schuett were absent for the motion.  
FINANCIAL REPORTJim Bendfeldt made the motion that the April financial report be approved.  Ed Kyes seconded seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Barry Obermiller and Loren Schuett were absent for the motion.
UPCOMING EVENTS: As listed on the agenda.  OTHER BUSINESS:  Next Board Meeting – Scheduled for the afternoon of Thursday, May 22nd.  Details to follow.   ADJOURN:  Chairman Vasey adjourned the board meeting. 

March 27, 2008
CALL TO ORDER: Chairman Bill Vasey called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.   ATTENDANCE:  Board members present were:   LeRoy Arends, Barry Obermiller, Steve Sheen, Jim Bendfeldt, Dan Ohlman, Jim Shiers, Alicia Haussler, Marvion Reichert, Keith Stafford, Brian Keiser, Jay Richeson, Ed Stoltenberg, Ed Kyes, Bob Schanou, Bill Vasey, Dwayne Margritz, Loren Schuett, Jerry Wiese, Dick Mercer, Stephen Schuppan, Scott Woodman    Board members absent/excused – None.   Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner – GIS Assistant, Kevin Gill – Field Technician, Lexington. Others present – James Huntwork – NRCS Liaison D.C., Grand Island, Lori Potter – Kearney Hub, Randy Zach – NE Public Power District, Grant Linder – NRCS, Grand Island, Wayne Arnold – Shelton, Darin Messersmith – Sargent Irrigation Gothenburg, Mick Reynolds – Wood River, Pat Carlson – Central City, Dale Carlson – Central City.  
MEETING NOTICES: Chairman Vasey reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Dick Mercer made the motion that the February board meeting minutes be approved as mailed. Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.    
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS: Chairman Vasey asked if there were any announcements or other business for future meeting agendas.  There were none. 
PUBLIC FORUM: Chairman Vasey asked if any one wanted to address the board on any item not included on the agenda. No one requested time to speak.        
NATURAL RESOURCES CONSERVATION (NRCS) REPORT: James Huntwork, NRCS Liaison D.C. briefly reported on EQIP contract obligations for general and ground and surface water conservation funds (see enclosed report).  Grant Linder presented information on the soil survey available on the internet.   
EXCUSED ABSENCES: Chairman Vasey reported that there were no requested absences. Alicia Haussler had indicated she would be late due to a work conflict.  No action was needed. 
WATER RESOURCES COMMITTEE – REPORT & RECOMMENDATIONS: Scott Woodman, chairman of the committee, reported on their meeting held earlier that day.
Soils Classes 4e, 5 & 6 Soils – Scott reported that a subcommittee had been appointed (Dan Ohlman, Jim Bendfeldt, Jay Richeson, Marvion Reichert, Jerry Wiese, LeRoy Arends, Ed Stoltenberg, and Scott) for the purpose of developing recommendations on the Groundwater Management Plan’s regulations concerning soils classifications.  Following some discussion it was decided the subcommittee would meet at the office on April 2nd at 4:00 p.m.  Scott said a recommendation was made at the Water Resources Committee meeting to remove the restriction in the Groundwater Management Plan rules and regulations that does not allow transfers for irrigation on class 5w and 6w soils.  Scott then made the motion to accept the recommendation to remove the restriction on the 5w and 6w soils and allow transfers to those classes for now, until the subcommittee develops recommendations on the other soils classes.  Jerry Wiese seconded the motion.   A discussion followed, including comments that it might be better to wait to make any changes until after the subcommittee has met and developed suggestions for possible changes. The motion was then voted on.  All board members present, voting in favor were:  LeRoy Arends, Ed Kyes, Marvion Reichert, Jay Richeson, Loren Schuett, Stephen Schuppan, Ed Stoltenberg, Jerry Wiese.  Opposed were Jim Bendfeldt, Brian Keiser, Dwayne Margritz, Dick Mercer, Barry Obermiller, Dan Ohlman, Bob Schanou, Steve Sheen, Jim Shiers, Keith Stafford and Scott Woodman.  Motion failed 8 to 11.    
Water Banking Update –
Scott asked General Manager Ron Bishop to report on this item.  Ron said we closed on our first water rights east of Elm Creek.  That water cannot be counted as part of the over-appropriated area west of Elm Creek.  The water will need to be used to offset new uses.  Ron said we have had a number of individuals who have contacted us about purchasing water from the water bank. The Water Resources Committee discussed selling water to individuals and are recommending that Ron be given the go ahead to negotiate the sale of the water up to 10 acre feet in a single purchase.  An amount over 10 would have to be brought to the board for approval.  It was the consensus that no motion was necessary for this policy.
Violations on New Irrigated Lands – Scott said it will be necessary to set a hearing date on possible violations of unauthorized new irrigated acres.  Ron said the board will need to decide whether to issue a cease and desist order on the individuals ordering them to quit irrigating approximately 100 acres that they have been irrigating since 2005.  Bob Schanou made the motion that the hearing on possible violations of unauthorized new irrigated acres be held prior to the board meeting on April 24th.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  (Alicia Haussler arrived at the board meeting after the motion was made and abstained from voting). 
FSA Information – Scott said the committee gave Ron authorization to check into options for getting the information from the FSA offices that is needed for the irrigation certification and water quality work being done. 
VARIANCE/APPEALS SUBCOMMITTEE–REPORT & RECOMMENDATIONS: Dan Ohlman reported on the Variance and Appeals Hearing held earlier that day.  Dan said the subcommittee had a request for a variance from Robin Marshall of Kearney.  It was decided that no action would be taken until after the subcommittee on soils classes meets because the request for a variance involves class 6e soils.   Dan reported that Dennis Dittloff had an appeal on certified irrigated acres involving 21.4 acres.  He paid irrigated taxes on the land, he has two affidavits stating it was irrigated, it is subirrigated.   Dan made the motion that the appeal on 21.4 acres be approved.  Barry Obermiller seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Dan said Dennis Dittloff had a second appeal on certified irrigated acres involving 8.3 acres.  He has two affidavits, irrigated taxes have been paid on it.   Dan made the motion that the appeal from Dennis Dittloff involving 8.3 acres be approved.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Dan said a third appeal was from Robert Krieder of Grand Island that involves 9.7 acres.  It is a dry land tract, it is not subirrigated.  There is a well on the 9.7 acres but it is not known if the well is registered in his name.  The subcommittee is recommending that two acres out of the 9.7 be approved as long as the well does not pump more than 50 gallons per minute.  He will also have to make sure the well is registered in his name. State law allows wells that pump less than 50 gallons per minute that are to be used for domestic purposes (gardens, etc.) or irrigation of up to two acres.   Dan made the motion to approve Robert Krieder’s appeal on two acres out of the 9.7 acre tract, as long as the well that is used does not pump over 50 gallons per minute.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Dan said that Bill Kuehner also had an appeal but had not provided sufficient new information in time for the subcommittee to consider.  His appeal will be looked at next month.
Certified Acres Web Site – Ron said we have had concerns expressed about the web site that has the signature and phone number on the form.  This information has now been blocked on the site.
EASTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATION: Jerry Wiese, chairman of the committee, reported on their meeting held earlier that day.   
Flood Control Request from Village of Doniphan – Jerry said the Village of Doniphan is having a drainage problem to the east of the village. A housing development has been built in that area that has caused more water to drain that way and they are having problems with flood control and drainage.   Jerry said the Eastern Projects Committee is recommending, and he made the motion, that the District include in the next budget cost share of 50% on a $75,000.00 project to help alleviate the problems they are having, with the stipulation that if there are any further housing developments built out that way that the Village of Doniphan will have to take care of any drainage problems that occur from the new development.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. 
Drainage Assistance Request from Village of Duncan – Jerry reported that the Village of Duncan has also requested assistance from Central Platte NRD to help alleviate a drainage problem.  They have estimated that a $5,000.00 project will be needed.  Jerry said the Eastern Projects Committee is recommending, and he made a motion that, Central Platte NRD provide cost share assistance at the rate of 50% up to $2,500.00 to assist the Village of Duncan in solving a drainage problem in that town.  The funds would be available in this year’s budget.  Loren Schuett seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   
Prairie/Silver/Moores Project Construction Bid Letting – Jerry reported that the bid letting for Phase 2 Construction had been held.  Five contractors submitted bids.  Platte Valley Construction submitted the low bid of $1,701,485.90. He said the majority of this phase will be paid in next year’s budget.  Jerry made the motion to award the contract for Phase 2 of the Prairie/Silver/Moores Creek Flood Control project to Platte Valley Construction, subject to them providing the necessary documents.  Alicia Haussler seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
WESTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATION:  Dick Mercer, chairman of the committee, reported that they had begun work on their recommendations for the fiscal 2009 budget at their meeting held earlier that day.
PROGRAMS COMMITTEE REPORT: Barry Obermiller, chairman of the committee, reported that they had begun work on the committee’s budget recommendations and review of the cost share programs. He said one thing they discussed was the Center Pivot Incentive Program and possibly allowing two center pivots per person per life-time instead of one as it is under the present program, changing the payment to a percentage per foot and raising some well abandonment payments.  Barry said if any one had comments or other suggestions to let Kelly know before the April meeting.
EQUIPMENT BIDS:  Ron reported that we had advertised for bids for the purchase of the center pivot and power unit for the well that the District had acquired as part of the purchase of the land in Dawson County earlier this year.  The center pivot was a 2004 8-tower Zimmatic, the pump for the irrigation well is a 40 horse electric.  Ron said we had received two bids on the center pivot, one in the amount of $26,177.00 and one for $21,500.00.  Both of the individuals who bid were from Hall County.  The high bid was from Don Moss.  There were no bids for the power unit.  It was stated that we had received six or seven calls from individuals asking questions about the equipment but only two bids were received.  Ron said the ad stated that the board had the right to refuse any and all bids.  The ad also gave a 60 day time limit for removing the equipment from the site. In answer to a question Ron said we had advertised in the Grand Island, Kearney, Lexington, Cozad, Gothenburg, Holdrege and North Platte newspapers.  A discussion followed. Alicia Haussler made the motion to accept the high bid for the center pivot from Don Moss in the amount of $26,177.00.  Jerry Wiese seconded the motion.  Board members voting in favor were:  LeRoy Arends, Alicia Haussler, Brian Keiser, Ed Kyes, Dick Mercer, Barry Obermiller, Dan Ohlman, Bob Schanou, Loren Schuett, Stephen Schuppan, Steve Sheen, Jim Shiers, Keith Stafford, Ed Stoltenberg, Jerry Wiese and Scott Woodman.  Voting opposed were Jim Bendfeldt, Dwayne Margritz, Marvion Reichert, and Jay Richeson.  Motion carried 16 to 4. 
Disposal of Dawson County Land & Grain Bin – It was stated that the well power unit would be readvertised.  Ron also discussed selling the 30,000 bushel Chief grain bin and approximately 200 acres of dryland.  Ron said he we will get more information concerning value of the pump and motor before it is readvertised.  He also suggested the board consider advertising the grain bin with two or more acres included so someone could have access for a semi or could perhaps put another bin on the property.  He said after that was sold we could then consider selling the remainder of the land.   Discussion followed on whether the land should be advertised or if it should be turned over to a  real estate agent.  Ron also said there is an environmental group who may be interested in trading the land for some or all of the irrigated water rights off of some land they already own.  It was stated that it probably would not be possible to get the land sold before planting should be done.  Discussion followed on whether it would be more advantageous to the District to rent out the land as dry land farm ground.  Following the discussion Ron was given authority to advertise the land for dry land rent.  There are stipulations on what crops can be grown.  Discussion followed on listing the land with a professional firm because of the greater exposure.  It was stated that there would have to be the stipulation in a sales contract that the renter would get the profit from the crop.  Ron was given the authority by consensus opinion of the board to advertise before the April board meeting, the approximate 200 acres for dry land crop cash rent with some restrictions on what crop can be planted and to approve a contract for the rent.  It was stated that the land could be listed with a real estate firm at a later time so that maximum exposure can be obtained.    
LEGISLATION REPORT:  Milt Moravek briefly reported on legislation proposed this year that would affect NRDs.  NE Association of Resources Districts legislative report will be forward to the directors.      
STATEWIDE INFORMATION ISSUES – MISINFORMATION IN RECENT NEWSPAPERS & LETTERS:  Ron briefly reported on some of the misinformation that has appeared in some newspapers and the steps that have been taken to correct that misinformation. Ron also reported on a letter that several of the directors had received from an individual from Shelton in which several statements were incorrect.  Milt Moravek reported on this item and said the individual had in fact stopped a project that would have alleviated some of the water problems that he had complained about.  There were several comments in the letter than were incorrect.
COST SHARE PROGRAM:  Transfer of Funds -- Kelly Cole reported that we have received applications for the Fertilizer Calibration Meter program in excess of the funds available for that program.  She recommended that $3,300.00 be transferred from the Surge Valve Program to the Fertilizer Calibration Meter program.   Jim Bendfeldt made the motion that $3,300.00 be transferred from the Surge Valve Program to the Fertilizer Calibration Meter program as recommended.  Jay Richeson seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. Applications -- Kelly reported that we have received applications for the following cost share programs: NE Soil & Water Conservation Program, Center Pivot Incentive, Fertilizer Calibration Meters, Streambank Stabilization Program, Surge Valve Program, Flow Meter Program, NRD Tree Planting Program, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended that they be approved.  Alicia Haussler made the motion to approve the cost share applications as reported.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  FINANCIAL REPORT – Loren Schuett made the motion that the March financial report be approved as read by General Manager Ron Bishop. Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
UPCOMING EVENTS: As listed on the agenda.  NARD WASHINGTON D.C. CONFERENCE REPORT:  Brief reports were given by Dick Mercer, LeRoy Arends and Bill Vasey.   
OTHER BUSINESS:  Next Board Meeting – Scheduled for the afternoon of Thursday, April 24th.  Details to follow.   ADJOURN:  Chairman Vasey adjourned the board meeting. 

February 28, 2008
CALL TO ORDER: Chairman Bill Vasey called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  
ATTENDANCE:  Board members present were:  LeRoy Arends, Barry Obermiller, Steve Sheen, Jim Bendfeldt, Dan Ohlman, Jim Shiers, Alicia Haussler, Marvion Reichert, Keith Stafford, Brian Keiser, Jay Richeson, Ed Stoltenberg, Ed Kyes, Bob Schanou, Bill Vasey, Dwayne Margritz, Loren Schuett, Jerry Wiese, Dick Mercer, Stephen Schuppan, Scott Woodman     Board members absent/excused – None.   Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner – GIS Assistant, Kevin Gill – Field Technician, Lexington.      Others present – James Huntwork – NRCS Liaison D.C., Grand Island, Lori Potter – Kearney Hub, Jerry Kenny, Executive Director Platte River Recovery Implementation Program, Dave Ogden – Wood River, Keith Maline – Gothenburg, Randy Zach – NE Public Power District, Bill Kurz – Palmer, Mick Reynolds – Wood River, Bob Irvine – Grand Island, E.W. Skala – Grand Island, Ken Woitazewski – Wood River, three individuals whose names were eligible. 
MEETING NOTICES: Chairman Vasey reported that the notices of the meeting had been sent to the news media as required by law.
MEETING MINUTES: Alicia Haussler made the motion that the January board meeting minutes be approved as mailed. Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor except Bob Schanou who abstained.  Motion carried.    
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:  Chairman Vasey asked if there were any announcements or other business for future meeting agendas.  There were none. 
PUBLIC FORUM: Chairman Vasey asked if any one wanted to address the board on any item not included on the agenda. No one requested time to speak.        
NATURAL RESOURCES CONSERVATION (NRCS) REPORT: James Huntwork, NRCS Liaison D.C. briefly reported on and showed the video on the NRCS’ national campaign entitled “Conservation…Our Purpose, Our Passion”. 
EXCUSED ABSENCES: Chairman Vasey reported that there were no requested absences.
PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM:  Jerry Kenny, director of the PRRIP showed several visuals and reported on several subjects including the area of the Platte River basin that the program provides Endangered Species Act coverage for.  He explained the purpose of the program, which is to recover the target species by improving the habitat and also provide regulatory certainty and through their actions avoid future endangered species acts and conflicts. He said what is in place at this time is the first increment of the program, which covers 13 years. He reviewed the goals and work that will be done in land and water management. 
VARIANCE/APPEALS SUBCOMMITTEE–REPORT & RECOMMENDATIONS: Dan Ohlman reported on the Variance and Appeals Hearing held earlier that day.  Dan reported on a request for a variance from Brandon Handrup for a tract in Hamilton County.  He wants to put a pivot in which will involve going through some Class 6 soils.  He started the project before the District’s rules and regulations were changed.  Dan Ohlman made the motion that the request for a variance from Brandon Handrup be approved because he started the project before the rules and regulations were changed. Barry Obermiller seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  
     Dan said there was a request for a variance from Alan Rickertsen concerning an 80 acre tract of land in Dawson County.  Mr. Rickertsen wants to change from irrigating with surface water only right to a groundwater right where he could pump groundwater using an existing well on another piece of property.  Dan made the motion that the request from Alan Rickertsen be approved providing he continues to pay maintenance on his surface water right.  Jay Rickertsen seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Dan said that Alan Rickertsen had another request for a variance which involves Class 6 soils.  The Variance/Appeals Subcommittee is recommending that this be tabled until next month.  Dan said that John and Marg Lou Block requested a variance on a tract in Custer County which involves Class 6 soils.  The Variance/Appeals subcommittee is recommending that this be tabled until next month.  Dan said there was a request for a variance from Dan Davis for a tract of land in Hall County.  He wants to transfer water west over approximately a mile and a half of a straight north/south line.  Rules and regulations do not allow this.   Dan Ohlman then made the motion that the variance request from Dan Davis be denied.  Ed Kyes seconded the motion.  All board members present, voting by roll call vote, were in favor except Ed Stoltenberg who voted no.  Motion carried.   Dan reported that the subcommittee is recommending that the request for a variance from Mike Tonkan (Renter - Bill Kurtz) for a tract in Merrick County and which involves Class 6 soils also be tabled until next month. 
     Dan explained that the subcommittee is requesting that the Water Resources Committee look at the Class 6 soils regulation to determine if a change needs to be made.  The subcommittee has decided to table all requests for variances that involve Class 6 soils until the regulation is reviewed.  Chairman Vasey referred this to the Water Resources Committee and asked that they meet in March to discuss the Class 6 soils regulation.  Dan also reported the subcommittee had heard three appeals for certified irrigated acres from Duane Skrdlant.   His first appeal involved a tract in Hall County.  It is sub-irrigated, it has never been previously irrigated, it has been in alfalfa, it is not taxed as irrigated.  Dan made the motion that the appeal for certified irrigated acres from Duane Skrdlant be denied and that it stay dryland.  Jim Bendfeldt seconded the motion.  In answer to a question General Manager Ron Bishop said that we do not have a rule against someone with dry land grass breaking it up and putting it in dry land crop or in alfalfa even in a sub-irrigated area.  We do not certify sub-irrigated land.   Following a brief discussion the motion was voted on.  All board members present, voting by roll call vote, were in favor except Keith Stafford who abstained.  Motion carried.   Dan reported that the second request from Duane Skrdlant involves a tract in Hall County.  The tract involves about five acres.  It has been leveled by Hooker Brothers in 1990.  It has been irrigated since then.  There is no FSA information on it.  It is not sub-irrigated.  He has four affidavits stating the land was leveled.  It is not taxed as irrigated.  It has never been row cropped.  He has raised turnips and grass.
    Dan Ohlman made the motion that the board approve the appeal for certified irrigated acres.   In answer to a question it was stated that the tract was irrigated in 1995 or 1996.  The field is approximately 15 acres and the motion to approve would only be for about five of those acres.   The motion was then voted on.  All board members present, voting by roll call vote, were in favor.  Motion carried.   There was a request from Russell Skrdlant involving an approximate three acre tract in Hall County.  It was pasture and a building site.  There is no FSA information on the tract, it is not taxed as irrigated, he does have three affidavits stating it has been irrigated.  Dan said you can see where he did lay pipe and would have been able to irrigate it.  Dan Ohlman then made the motion that appeal from Russell Skrdlant for certification of irrigated acres on the three acre tract be approved.  Jim Bendfeldt seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.  Dan said there was an appeal from Mike Santin for a 32 acre tract in Merrick County. Dan said there is no FSA information on the 32 acres and it is taxed as dry grass.  Mike said the acres had been irrigated by the pivot late in the 2004 season and he presented three affidavits stating that it was irrigated in 2004.  Dan Ohlman made the motion that the appeal from Mike Santin to certify 32 acres as irrigated be approved.  Loren Schuett seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
GROUNDWATER MANAGEMENT PROGRAM – SOIL CLASSES DISCUSSION & POSSIBLE ACTION:  General Manager Ron Bishop said there have been several discussions before the Variance/Appeals Subcommittee and board concerning soils classifications and the District’s Groundwater Management Program rules and regulations.  He said that Ken Woitaszewski had requested to address the board on this topic.   On behalf of Woitaszewski Brothers E.W. Skala presented information concerning possible solutions to allow certain soil classifications to be newly irrigated (see enclosed information and suggestions).   Following a some discussion this item was referred to the Water Resources Committee to review at a committee meeting in March. 
HAZARD MITIGATION SUBCOMMITTEE - REPORT & RECOMMENDATION:  Milt Moravek reported that the subcommittee (Brian Keiser, Loren Schuett and Dwayne Margritz) had met and reviewed proposals from five consulting firms to do the District’s hazard mitigation plan.  He said the subcommittee is recommending that Kirkham, Michael be hired at a cost of $71,250.00 to do the plan.  He said their proposal was complete and covered all of the required items.  Central Platte NRD’s share of the cost will be 25% with a federal grant picking up the remaining 75%.   Alicia Haussler made the motion that the consulting firm of Kirkham, Michael be hired at a cost of $71,250.00 to do the hazardous mitigation plan for the district.  Dan Ohlman seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Milt said that we have also had discussions with a couple of other NRDs (Upper Big Blue NRD and Lower Loup NRD) about having Kirkham Michael do all of a county that is split between NRDs, rather than doing the part that is in one NRD under one contract and the part that is in another NRD under a different contract.  Each NRD would still only pay the percentage for the county that is within their NRD.  Milt said that a simple cooperative agreement between Central Platte NRD and the other NRDs will cover this.   
WESTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATION:  Dick Mercer, chairman of the committee, reported on their meeting held earlier that day.   Odessa Drainage -- He said the committee discussed the drainage problems in the Odessa area. Dick said the Western Projects Committee is recommending, and he made the motion that an engineering firm be hired to study the area to determine what can be done to help alleviate the drainage problems.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.   Elm Creek Drainage -- Dick said the committee had also discussed a drainage problem in the town of Elm Creek. Representatives from that town have requested assistance from the NRD on a drainage problem.  They explained that there is a road crossing in the north end of town involving a couple of culverts.  When there is too much water coming from the north it will overflow the crossing and then spread out into surrounding areas. Dick said that Central Platte NRD has helped other communities with drainage issues and also said that anything that would be done would tie into any future project that might be carried out in that area.   Dick said the Western Projects Committee is recommending, and he made the motion, that Central Platte NRD provide assistance, up to $50,000.00 in the Fiscal 2009 budget, to help alleviate the drainage problem that the town of Elm Creek has.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried. 
PROGRAMS COMMITTEE REPORT: Barry Obermiller, chairman of the committee, reported that they had begun work on the committee’s budget recommendations and review of the cost share programs.  He also said that if any director had any comments on the cost share programs to let Kelly know before the March meeting.
EASTERN PROJECTS COMMITTEE – REPORT & RECOMMENDATION: Jerry Wiese, chairman of the committee, reported on their meeting held earlier that day.   Doniphan Drainage – Jerry said there were representatives from Doniphan who discussed a development area on the east side of town and a drainage problem that exists.  The developer has not come up with a drainage plan.  Their preliminary estimate to solve the problem was about $70,000.00.  Jerry said the committee tabled the item until next month and asked that the committee be provided with more information on what Doniphan is requesting from Central Platte NRD.  Prairie/Silver/Moores – Jerry asked Milt Moravek to report on this item.  Milt said the NE Department of Natural Resources Commission has indicated concern that we have been involved with final design as we proceed with construction.  They want the engineering firm to complete final design on the project as soon as possible.   Milt said he met with the Commission and staff.  They have transferred approximately $275,000.00 out of a land rights component that we had not spent into the final design component for the rest of the project.  Milt said the total estimated cost for final design is $520,996.00.  This will include the five dry dams, channel improvement, levy improvements and also a couple of diversion channels.  Milt said we have part of this money in this year’s budget so we can get the engineering firm started on the work.  Most of the cost would not be spent until Fiscal 2009.  He reviewed the fact that the Development Fund pays 52.5% of the total cost, and the cosponsors (Central Platte NRD, the City of Grand Island, Hall and Merrick Counties) pay the balance.  Milt said the committee is recommending that we approve the continuation of the contract with JEO Consulting Group for the remainder of the final design for the project.   Jerry Wiese made the motion to approve the Eastern Projects Committee’s recommendation to have JEO Consulting Group proceed with the remainder of the final design on the Prairie/Silver/Moores Creek flood control project.  Scott Woodman seconded the motion.  All board members present, voting by roll call vote, were in favor.  Motion carried.
WATER BANKING UPDATE:  Ron briefly reported on the status of the conservation easements that have been purchased and four that are pending.  He said that of the four pending there are enough in budgeted funds to pay for two and after that we will have to begin borrowing funds.   Ron said there has been a question raised on whether our water banking is accurate and is appropriate use of COHYST.  He said COHYST has hired three experts, Cortney Hemenway and Gary Lewis from Colorado, and Eric Lappala from North Carolina.  Eric was a long time modeler with U.S. Geological Survey.  The responses that we have received from the experts has been positive.  Ron said that Gary Lewis indicated that we need to use the best available science, and with COHYST that is what we are doing.  He said that the numbers from COHYST have been interpreted correctly.  Ron also reviewed a bill that was introduced by Senator Fisher from the Sand Hills that would allow the protection of water that we acquire from being diverted, especially groundwater.  Ron said it is thought that there needs to be a law to protect that water down to the point where the depletion was.  He said some of the surface water interests do not agree with us.  They think that if the water is in the river they have the first right for the water, regardless of where it came from. Ron said there has been considerable discussion in Lincoln on this issue. Ron said he would keep the board informed.  In answer to a question Ron explained that we look at the depletions to the river using the surface water and depletions to the river using groundwater and the difference between those two is what we buy.  Ron said that if later they wanted to sell the ground water right they would be able to, if they wanted to convert to dry land.   Dick Mercer also commented on a meeting of the Dawson County Board that he and Jim Bendfeldt had attended with Ron.  He said that the news article that appeared in the Lexington Clipper-Herald newspaper did not accurately reflect the meeting.  Ron was asked to write a letter to the newspaper in order to present a more accurate explanation of the discussion at the meeting that involved the purchases of water rights.  
LEGISLATION REPORT:  Milt Moravek briefly reported on legislation proposed this year that would affect NRDs.  Ne Association of Resources Districts legislative report will be forward to the directors.      
COST SHARE PROGRAMS – APPLICATIONS: Kelly reported that we have received applications for the following cost share programs: NE Soil & Water Conservation Program, Center Pivot Incentive, Fertilizer Calibration Meters, Flow Meter Program, NRD Tree Planting Program, and Well Decommissioning (see enclosed report).  She said all of the applicants are in compliance with the District’s rules and regulations, funds are available, and recommended that they be approved.  Alicia Haussler made the motion to approve the cost share applications as reported.  Marvion Reichert seconded the motion.  All board members present, voting by roll call vote, were in favor, except Ed Kyes who abstained.  Motion carried. 
FINANCIAL REPORT – Marvion Reichert made the motion that the February financial report be approved as read by General Manager Ron Bishop.  Loren Schuett seconded the motion.   All board members present, voting by roll call vote, were in favor.  Motion carried.
NARD LEGISLATIVE CONFERENCE REPORTS: Brief reports were given by Jerry Wiese, Jim Bendfeldt, Marvion Reichert, Dick Mercer and Bill Vasey on the conference that had been held in Lincoln earlier that week. 
ELECTION:  Ron briefly reported on the status of the candidate filings. The deadline for incumbents to have their candidate filing forms in to the Secretary of State was February 15th.  Non-incumbents must have their candidate filing forms in that office by 5:00 p.m. March 3rd.   
UPCOMING EVENTS: As listed on the agenda. 
OTHER BUSINESS:  Next Board Meeting – Scheduled for the afternoon of Thursday, March 27th.  Details to follow.   ADJOURN:  Chairman Vasey adjourned the board meeting. 

January 24, 2008
CALL TO ORDER: Chairman Bill Vasey called the meeting to order at 2:00 p.m. He reported that the NRD abides by the Open Meetings Act in conducting business and said that a copy of the Open Meetings Act was displayed on the south wall of the conference room.  
ATTENDANCE:  Board members present were:  LeRoy Arends, Barry Obermiller, Jim Shiers, Jim Bendfeldt, Dan Ohlman, Keith Stafford, Alicia Haussler, Marvion Reichert, Ed Stoltenberg, Brian Keiser, Jay Richeson, Bill Vasey, Ed Kyes, Loren Schuett, Jerry Wiese, Dwayne Margritz, Stephen Schuppan, Scott Woodman, Dick Mercer,                              Steve Sheen      Board member absent/excused – Bob Schanou.  Staff present: Ron Bishop – General Manager, Milt Moravek – Assistant Manager/Projects Director, Duane Woodward – District Hydrologist, Mark Czaplewski – District Biologist, Dianne Miller – Administrative Director, Sandy Noecker – Data Compliance Officer, Dan Clement – Water Resources Specialist, Kelly Cole – Programs Coordinator, Marcia Lee – Information/Education Specialist, Matt Bohnenkamp – GIS Program Director, Angela Warner – GIS Assistant.    Others present – James Huntwork – NRCS Liaison D.C., Grand Island, Lori Potter – Kearney Hub, Doug Thompson – Wood River, Randy Zach – NE Public Power District, Mick Reynolds – Wood River, Tim Bachle – Wells Fargo, Grand Island, Bruce Eberle – Wells Fargo, Grand Island, Ralph Mallard – Amherst, Ken Woitazewski – Wood River, Scott Wieseman – Osceola, Darin Messersmith – Sargent Irrigation, Gothenburg, John Mundorf – Mullen, Tom Schleif – NRCS, Central City. 
MEETING NOTICES: Chairman Vasey reported that the notices of the meeting had been sent to the news media as required by law.
ANNOUNCEMENTS & OTHER BUSINESS FOR FUTURE MEETINGS:  Chairman Vasey asked if there were any announcements or other business for future meeting agendas.  There were none. 
PUBLIC FORUM: Chairman Vasey asked if any one wanted to address the board on any item not included on the agenda. No one requested time to speak.        
NATURAL RESOURCES CONSERVATION (NRCS) REPORT: