MINUTES OF THE
NEBRASKA NATURAL
RESOURCES COMMISSION MEETING
JULY 25, 2002
Those
in attendance were:
Joseph
Hergott, Chair Jim
Van Marter, Member
Arlond
Garratt, Member LeRoy
Pieper, Member
Don
Roberts, Member Clint
Johannes, Member
Richard
Jiskra, Member Steve
Chick
Dan
Watermeier, Member Steve
Oltmans
Beverly
Donaldson, Member Marlin
Petermann
Vince
Kramper, Member Ron
Bishop
Frank
Bartak, Member Gabe
Robertson
Wayne
Davis, Member Jim
Cook, Staff
Garry
Anderson, Member Tom
Pesek, Staff
Roger
Korell, Member Steve
Gaul, Staff
Wayne
Madsen, Member Gayle
Starr, Staff
Commission
Chair, Joseph Hergott, called the meeting to order in the conference room of
the Central Platte NRD office in Grand Island, Nebraska at 9:30 a.m.
Notice
of the meeting was placed in the LINCOLN JOURNAL STAR on July 17, 2002,
notifying the public of the meeting.
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.
Small
Watersheds Flood Control Fund – Inventory of Fee Title Lands.
2.
Status
of Small Watersheds Flood Control Fund.
3.
Nebraska
Resources Development Fund Present Financial Status.
4.
NRDF
Levee and/or Channel Improvement Projects.
5.
Nebraska
Resources Development Fund Quarterly Report.
6.
Soil
& Water Conservation Fund – Expenditures by Month, 1994-2002.
7.
Water
Well Decommissioning Fund Status Report.
8.
Natural
Resources Water Quality Fund.
9.
NRCS
Report to the NNRC and NARD.
Motion
was made by Kramper and seconded by Jiskra to approve the minutes of the May 22
and 23, 2002, Commission meetings as distributed. Motion carried.
Aye: Anderson, Garratt, Kramper, Korell, Pieper, Watermeier, Madsen,
Van Marter, Johannes,
Roberts, Davis, Jiskra, Donaldson,
Bartak, Hergott
Nay: None
Not
Present: Hahn
Gayle
Starr noted the expenditures for May and June for the various funds had been
distributed to Commission members.
Steve
Chick, NRCS State Conservationist, distributed a report for the Commission and
commented on several items. He specifically noted that the funds for the new
Farm Bill are to be released and that the State Office should have their allocation
within the next few days. He also noted
that there was some speculation that some of the Farm Bill appropriation would
be diverted to pay for drought, wildfire, and other disasters. There was discussion about the proposals to
cost-share on the conversion of currently irrigated lands to center pivot
systems and Chick responded to those questions and noted that all of the
details had not been finalized regarding that proposal.
Gayle
Starr introduced Gabe Robertson, representing NARD. He noted that Gabe would be leaving NARD very shortly as he and
his wife are moving to Indiana.
Gayle
Starr noted that Roger Patterson was attending a Western State Engineer’s
Conference in Bismarck and was unable to attend the Commission meeting. Starr briefly reviewed the actions being
taken by the department to allocate water and described some of the very
significant reductions in stream flow in a number of streams throughout the
state. Starr also commented on the
upcoming Special Session of the Legislature and the potential impacts to the
agency budget. He also noted that he
had distributed a list of the Water Policy Task Force members and noted that
their first meeting would be on July 29.
Vince
Kramper noted that the Trust Board had not met since the last Commission
meeting and their next meeting will be in mid-August in Lincoln.
Jim
Cook explained that negotiations are continuing with Kansas and Colorado
regarding the Republican River lawsuit and they are hopeful that some
settlement can be reached by the end of the year.
With
regard to the Platte River, he noted that considerable work has been done on
the New Depletions Plan and hopefully an agreement can be reached on that plan
in the near future. He also pointed out
that there has been a proposal to have the National Academy of Sciences review
the science utilized by the Fish & Wildlife Service in determining required
flows relating to the Endangered Species (whooping crane, piping plover and
least tern). He added that this review
may take some time and that many of the local people were hopeful that the
National Academy of Sciences would disagree with the science utilized by the
Fish & Wildlife Service but that is an unknown at this time.
Beverly
Donaldson indicated that all Commission members present had been present at the
committee meeting and therefore the various status reports could be dispensed
with unless any members had questions.
She
indicated the first item of committee action was approval of the Western
Sarpy/Clear Creek Project. She
submitted the committee recommendation that the Natural Resources Commission,
having reviewed and considered the recommendations of the Director of Natural
Resources, hereby make the following findings of fact:
(1)
The
Western Sarpy/Clear Creek 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 impacts on the natural environment;
(6)
The
Papio-Missouri River Natural Resources District (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)
That the Western Sarpy/Clear Creek Project be
determined eligible for funding from the
Nebraska Resources Development Fund; actual funding to be subject to
the condition that the money required from the Fund is available and to
application of the priority system for allocating funds.
(2)
That
the funding, if and when provided, should be in the form of a grant for up to
$3,155,200.00 not to exceed 60% of the NRD’s eligible total non‑federal
project cost of $5,258,666.67, including feasibility study costs of $40,000.00.
(3)
That
the funding is contingent upon Corps Headquarters’ approval of the limited
re-evaluation report that is currently being conducted and upon federal
approval, funding, and construction of the Camp Ashland Ring Levee.
(4)
That
planning, engineering, and design services and R-O-W acquisition activities
which may be performed prior to project approval should be eligible for NRDF
cost-share, and
(5)
That
the Director of Natural Resources be authorized to negotiate and enter into a
contract with the Papio-Missouri River NRD, such contract is to specify all
appropriate provisions relative to NRDF funding of the project.
Motion carried.
Aye: Garratt, Kramper, Korell, Pieper,
Watermeier, Madsen, Van Marter, Johannes, Roberts, Davis, Jiskra, Donaldson
Bartak, Anderson, Hergott
Nay: None
Not Present: Hahn
Donaldson
explained that the committee had also taken two actions regarding the Small
Watersheds Flood Control Fund. She
submitted the committee recommendation that the Commission establish a
revolving fund base for the Small Watersheds Flood Control Fund at $900,000.00
for FY 2003. Motion carried.
Aye: Kramper, Korell, Pieper, Watermeier, Madsen, Van Marter,
Johannes, Roberts, Davis, Jiskra, Donaldson, Bartak, Anderson, Garratt, Hergott
Nay: None
Not Present: Hahn
Donaldson
submitted the committee recommendation that the Commission schedule no property
for sale in FY 2004.
Aye: Korell, Pieper, Watermeier, Madsen, Van Marter, Johannes,
Roberts, Davis, Jiskra,
Donaldson,
Bartak, Anderson, Garratt, Kramper, Hergott
Nay: None
Not Present: Hahn
Donaldson explained that the
committee had been briefed on the situation regarding the Soil & Water
Conservation Fund. It was noted that
Commission action in regard to this item was not on the agenda and would have
to be added as an emergency item.
Motion was made by Van Marter and seconded by
Anderson to add to the agenda as an emergency item – Discussion and Action as
desired on modifications on NSWCP allocations for FY 2002-03. Motion carried.
Aye: Pieper, Watermeier, Madsen, Van Marter, Johannes, Jiskra,
Donaldson, Bartak, Anderson, Garratt, Kramper, Korell, Hergott
Nay: Roberts,
Davis
Not Present: Hahn
Gayle Starr and Jim Cook reviewed the NSWCP
situation and noted that it was unknown what reductions might be made in the
fund during the special session and therefore it is unknown at this time what
reductions to NRD allocations might need to be made. Starr recommended that the Commission ask each NRD to indicate
their current level of obligations of 2002-03 funds and direct them to not make
further obligations and to delegate to the Executive Committee after the
conclusion of the special session the authority to make necessary adjustments
with regard to the fund. It was noted
that the Executive Committee could meet by telephone conference call and that
all Commission members would be provided the information needed on which to
base the necessary adjustments.
Motion was made by Kramper and seconded by Bartak
that the Commission (1) Ask NRDs to advise the Commission of the amount of FY
2002-03 NSWCP funds obligated by each district and (2) Direct each NRD to not
obligate any additional funds until notification from DNR and (3) to delegate
to the Executive Committee of the Commission the authority to revise each NRD’s
allocation following the conclusion of the upcoming special session of the
Legislature and the Governor’s subsequent action with regard to action taken by
the Legislature. Motion carried.
Aye: Watermeier,
Madsen, Van Marter, Johannes, Roberts, Davis, Jiskra, Donaldson, Bartak,
Anderson,
Garratt, Kramper, Korell, Pieper, Hergott
Nay: None
Not Present: Hahn
Wayne Madsen reported that Steve Gaul had briefed the committee on the various items included in the annual report and plan of work for the Nebraska State Planning and Review process.
The next meeting of the will be in connection
with the NARD annual conference in Kearney on September 24, 2002.
The meeting was adjourned at approximately 11:30 AM.
_______________________________________ _______________________________________
Chairman Director of Natural
Resources