MINUTES OF THE
NEBRASKA NATURAL RESOURCES COMMISSION
MEETING
January 30, 2002
Those in attendance were:
LeRoy Pieper, Chair Dave
Ostdiek
Wayne Davis, Member Robert
Gifford
Frank Bartak, Member Steve
Oltmans
Garry Anderson, Member Robert Mohler
Vince Kramper, Member Steve Chick
Beverly Donaldson, Member Glenn Johnson
Clinton Johannes, Member Bobbie
Kriz-Wickham
Richard Jiskra, Member Ken Berney
Joseph Hergott, Member Butch
Koehlmoos
Don Roberts, Member Roy
Stewart
Jim Van Marter, Member Bob Wolf
Wayne Madsen, Member Roger
Patterson, Director
Arlond Garratt, Member Jim Cook,
Staff
Robert Hahn, Member Tom Pesek,
Staff
Roger Korell, Member Steve Gaul,
Staff
Ron Cacek Mahendra
Bansal, Staff
Dennis Miller Gayle
Starr, Staff
CALL TO ORDER
The meeting was called to
order at 1:30 p.m. in a conference room at the Embassy Suites in Lincoln,
Nebraska by Commission Chair LeRoy Pieper.
NOTICE OF THE MEETING
Notice of the meeting was
placed in the LINCOLN JOURNAL STAR on January 23, 2002, notifying the public of
the meeting.
INFORMATIONAL MATERIAL
The following items of
informational material were distributed during the course of the meeting and a
copy of each is attached to the file copy of the minutes.
1.
Nebraska
Resources Development Fund Present Financial Status.
2.
Director
of Natural Resources Recommendation on the Antelope Creek Project.
3. Status of Small
Watersheds Flood Control Fund.
4. Soil and Water Conservation Fund Report.
5. Nebraska Soil and
Water Conservation Fund – Republican Basin Water Meter Program Summary.
6. Water Well
Decommissioning Cash Fund.
7. Natural Resources
Enhancement Fund Receipts.
8.
NRCS
Report to the NNRC and NARD.
MINUTES
Motion was made by Kramper
and seconded by Van Marter to approve the minutes of the
November 16, 2001,
Commission meeting as distributed.
Motion carried.
Aye: Bartak, Anderson, Garratt, Kramper, Korell,
Madsen, Van Marter, Johannes, Hahn, Roberts, Hergott, Davis, Jiskra, Donaldson,
Pieper
Nay: None
Not Present: Larson
It was noted that the
expenditures for the Commission funds had been distributed to Commission
members.
BLUE CREEK PROJECT PROPOSAL
Chairman LeRoy Pieper noted
that the representatives of the Blue Creek Project had asked to be put on the
agenda early and unless there were objections that would be done. There being no objections Pieper called on
Dennis Miller who provided Commission members a brief explanation of the Blue
Creek Resources Development Fund Project proposal. Miller noted that because of some railroad construction affecting
one of their canals, there was some urgency for the district to make a decision
on their project improvement. Roger
Patterson noted that the staff would try to work with irrigation district
representatives to see what could be done over the next few weeks.
ADVISOR’S COMMENTS
Steve Chick, State
Conservationist for the Natural Resources Conservation Service distributed a
report for the Commission and briefly commented on the fact that two new
RC&D areas had been authorized leaving only one RC&D area in the
Sandhills that is not now authorized.
DIRECTOR’S COMMENTS
Roger Patterson commented briefly on the discussions that are taking
place with regard to the Corps of Engineers operating plan for the Missouri
River. He added that he and others have
been working with state and local officials as well as with other states to
attempt to work out a compromise position.
Patterson also noted that Congressman Osborne has arranged a
congressional committee hearing in Grand Island on February 16 to
discuss the Cooperative Agreement and critical habitat for the piping
plover. He noted that he had been asked
to testify at the hearing.
Vince Kramper reported
that the Environmental Trust had received 120 applications for funding this
year and that he had chaired the Ratings Committee and their recommendations
will be presented to the Environmental Trust Board at their next meeting on February
13 and the whole Board will take action on the awarding of grants at the April
meeting. Kramper added that legislation
has been proposed to change the voting procedures for approving grants and the
Board favors the changes proposed.
PLATTE RIVER ISSUES
Patterson reported
that the North Platte Decree Committee will have a planning meeting next week
and have their first business meeting sometime in April. He added that unless snowfall in the
North Platte River
Basin increases dramatically the rest of the winter there would be significant
regulation of water supplies in the North Platte Basin this summer.
Patterson
explained that the Governance Committee of the Cooperative Agreement now has
information on all the pieces of the various issues in hand and hopefully will
be signing off on them in the near future.
Patterson
noted that the parties will be holding a negotiation meeting in Denver this
Thursday and Friday. He added that they
have identified a large number of issues that the representatives will need to
work through before any settlement can be reached.
Tom Pesek distributed the Resources Development Fund financial status
report and briefly reviewed that report.
Wayne Davis noted that the
Commission had received the Director’s recommendation on the Lake Ericson
project application and motion was made by Davis and seconded by Kramper
that the Natural Resources Commission, having reviewed and considered the
recommendation of the Director of Natural Resources, hereby makes the following
findings of fact:
(1) The Lake Ericson
Project will be of general public benefit;
(2) The project plan
does not conflict with any existing state land plan;
(3) The project has
been determined to be technically, economically, and financially feasible and
environmentally acceptable according to the Resources Development Fund
criteria;
(4) The plan for
development is satisfactory;
(5) The plan minimizes
any adverse impact on the natural environment;
(6) The Lower Loup NRD
is qualified, responsible and legally capable of carrying out the project;
(7) Other plans and
programs of the state were taken into consideration in preparing the plan of
development in accordance with section 84-135, and resources development plans
of the political subdivisions of the state were considered;
(8) The project will
not jeopardize the continued existence of any threatened or endangered species
or modify or destroy the habitat of any such species;
And
therefore resolves that:
(1) The Lake Ericson Project is eligible for
funding from the Nebraska Resources Development Fund; actual funding being
subject to the condition that the money required from the Fund is available and
the application of the priority system for allocating funds.
(2) The funding, if and when provided, be in
the form of a grant for up to $535,635.45, not to exceed 63% of the eligible
total local project cost of $850,215.00.
(3) In-kind
services amounting to $37,009.00 for the construction of two picnic shelters
are allowed as part of the local cost share.
(4) The Lower
Loup NRD may proceed with final design
of the project prior to the actual obligation of funds.
(5) The Director of Natural Resources is
authorized to negotiate and enter into a contract with the Lower Loup NRD for
carrying out the provisions of the project.
Motion carried.
Aye: Anderson, Garratt, Larson, Kramper, Korell,
Madsen, Van Marter, Johannes, Hahn, Roberts, Hergott, Davis, Jiskra, Donaldson,
Pieper
Nay: None
Not Present: Larson
Not Eligible to Vote: Bartak
Tom Pesek distributed the
Small Watersheds Flood Control Fund status report and briefly reviewed the
report.
Tom Pesek explained that the
public auction of the tract at Upper Little Nemaha site 36 had been held on
January 9 with the high bid received of $1600 per acre. He added that the staff was recommending
that the Commission take action to accept the bid and added that the Nemaha NRD
was also recommending that the high bid be accepted. Motion was made by Jiskra and seconded by Kramper to approve
the high bid of $128,000 or $1,600 per acre for the 80 acre-tract at Upper
Little Nemaha Site 36. Motion carried.
Aye: Garratt, Kramper, Korell, Madsen, Van
Marter, Johannes, Hahn, Roberts, Hergott, Davis, Jiskra, Donaldson, Bartak,
Anderson, Pieper
Nay: None
Not Present: Larson
Gayle Starr distributed
reports on the Soil and Water Conservation Fund including the Republican Water
Meter fund and control area water meter fund as well as status reports of the
Water Well Decommissioning Fund and Natural Resources Water Quality Fund.
LEGISLATIVE & BUDGET
COMMITTEE
Jim Cook indicated that he
would brief the Commission on six bills that the Commission might want to
consider action on and that if any Commission member wished to discuss any
additional bills he would be happy to do so.
Cook first discussed LB 937 which would authorize the Soil and Water
Conservation Fund to be used for management type practices. Motion was made by Van Marter and
seconded by Kramper that the Commission support LB 937. Motion carried.
Aye: Kramper, Korell, Madsen, Van Marter, Johannes,
Hahn, Roberts, Hergott, Davis, Jiskra, Donaldson, Bartak, Anderson, Garratt,
Pieper
Nay: None
Not Present: Larson
Cook explained that LB 938
would authorize the Soil & Water Conservation Fund to be used for
cost-share on practices to control erosion in urban areas that are being
developed. Motion was made by Bartak
and seconded by Davis to support LB 938.
Motion carried.
Aye: Korell, Madsen, Van Marter, Johannes, Hahn,
Roberts, Davis, Jiskra, Donaldson, Bartak, Anderson, Garratt, Kramper, Pieper
Nay: Hergott
Not Present: Larson
Cook explained that LB 1219
was a very short bill that would add an additional $750,000 to the Resources
Development Fund. Motion was made by
Johannes and seconded by Kramper to support LB 1219. Motion carried.
Aye: Madsen, Van Marter, Johannes, Hahn,
Roberts, Hergott, Davis, Jiskra, Donaldson, Bartak, Anderson, Garratt, Kramper,
Korell, Pieper
Nay: None
Not Present: Larson
Cook also discussed LB 890
which relates to fees the department charges for well registration ownership
changes. He added that significant
amendments to the bill are being discussed at this time, including one proposed
by the Department that would finance the costs of the ownership changes from
well registration fees. He added that
this would diminish the receipts for the Water Well Decommissioning Fund as
well as receipts for the Department of Health and Human Services for operation
of their programs. He added that LB
1023 introduced by Senator Schrock
and a number of others would
establish a task force to study water issues.
Cook added that there was considerable discussion about this bill and
possibly changes will be made before any bill is reported out to the floor.
Cook explained that LB 1026
is a water rights leasing bill and will likely not be acted upon this
year. He added that it may be
incorporated as one of the issues that
might be discussed as a part of the LB 1023 Task Force.
Cook explained that there
was an item on the agenda relating to the correction of an error in the legal
description for the Central Platte NRD but that there needed to be additional
staff work by department staff as well as the Central Platte and Lower Loup
NRDs before a specific proposal comes before the Commission.
COMPREHENSIVE PLANNING
COMMITTEE
Steve
Gaul explained that the staff is proceeding to work on digitizing as part of
the NHD project in the Salt Wahoo area and when that work is completed will be
moving to areas in the Lower Elkhorn.
He added that the department has recently acquired a high resolution
scanner that will be used on a number of agency projects, including the
development of an electronic data base for surface water rights. Gaul added that the Carbon Sequestration
report had been finalized and is at the printers, and the Commission members
should be receiving a final copy of the report soon.
Mahendra Bansal explained
that the online well registration project is now available for use and that a
number of well drillers are utilizing the system. He added that this system will greatly facilitate the
registration process. He distributed
information about the first wells that have been registered online. Bansal also pointed out that the agency web
page has been revised extensively to make it more user friendly. He noted that a number of agency personnel
have contributed to these changes with Steve Soberski taking the lead.
PROPOSED 2002 MEETING DATES
Motion was made by Van
Marter and seconded by Korell to approve the following meeting dates for the
coming year:
March 20-21 Sept. 24, at
Kearney
May 22-23 November
20-21
July 24-25 Jan. 29,
2003
Motion carried.
Aye: Van Marter, Johannes, Hahn, Roberts,
Hergott, Jiskra, Donaldson, Bartak, Anderson, Garratt, Kramper, Madsen, Korell,
Pieper
Nay: Davis
Not Present: Larson
It was suggested that when the Commission meeting is
combined with the NARD conference, committee meetings could be held in the
morning even when they conflict with some NARD sessions.
ELECTION OF OFFICERS
Commission Chair, LeRoy
Pieper, asked for nominations for the position of Commission Chair for the
coming year. Richard Jiskra nominated
Joe Hergott. Motion was made by
Kramper and seconded by Van Marter to close nominations for the position of Commission
Chair and cast a unanimous ballot for Joe Hergott. Motion carried.
Aye: Johannes, Hahn, Roberts, Davis, Jiskra,
Donaldson, Bartak, Anderson, Garratt, Kramper, Korell, Madsen, Van Marter,
Pieper
Nay: None
Present,
Not Voting: Hergott
Not Present: Larson
Pieper then asked for
nominations for the position of Commission Vice-Chair. Wayne Davis moved that the rules be
suspended and that a unanimous vote be cast for Roger Korell. Motion was seconded by Dick Jiskra. Motion carried.
Aye: Hahn, Roberts, Hergott, Davis, Jiskra,
Donaldson, Bartak, Anderson, Garratt, Kramper, Madsen, Van Marter, Johannes,
Pieper
Nay: None
Present, Not Voting: Korell
Not Present: Larson
COMMITTEE ASSIGNMENTS
Joe Hergott indicated that
he would work with Roger Korell and staff to develop committee assignments.
The next meeting of the
Commission will be March 20 & 21 in Lincoln at the Lower Platte South NRD.
ADJOURNMENT
The meeting was adjourned at approximately 3:30 p.m.
____________________________________ ___________________________________
Chair Director of Natural Resources