MINUTES OF THE
NEBRASKA NATURAL
RESOURCES COMMISSION MEETING
SEPTEMBER 24, 2002
HOLIDAY INN
KEARNEY, NEBRASKA
Those in attendance were:
Joseph Hergott, Chair Wayne Davis, Member
Richard Jiskra, Member Arlond Garratt, Member
Vince Kramper, Member LeRoy Pieper, Member
Beverly Donaldson, Member Dayle Williamson
Garry Anderson, Member Steve Oltmans
Clinton Johannes, Member Glenn Johnson
Don Roberts, Member Marlin
Petermann
Jim Van Marter, Member Barb Nichols
Wayne Madsen, Member Roger
Patterson, Director
Roger Korell, Member Tom
Pesek, Staff
Robert Hahn, Member Gayle
Starr, Staff
The
meeting was called to order by Commission Chair, Joseph Hergott, at 3:00 p.m.
in Ballroom II of the
Holiday Inn in Kearney, Nebraska.
NOTICE OF
THE MEETING
Notice
of the meeting was placed in the LINCOLN JOURNAL STAR and the KEARNEY HUB on
September 17, 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 Report.
2.
Memo
to File on Chronology of Weeping Water Creek Site 7g.
3.
Status
of Small Watersheds Flood Control Fund.
4.
Copy
of letter from Papio-Missouri River NRD, RE:
Request for Resources Development Fund Obligation of Funds for Western
Sarpy/Clear Creek Flood Reduction Project.
5.
Memo
to File on Summary of Auctioneer Bids for FY 2003.
6.
Soil
& Water Conservation Fund, Expenditures by Month.
7.
Nebraska
Soil and Water Conservation Fund Status Report.
8.
Republican
Basin Water Meter Program Status Report.
9.
Natural
Resources Water Quality Fund Receipts.
10.
Water
Well Decommissioning Cash Fund.
11. NRCS report to the NNRC
and NARD.
MINUTES
Motion
was made by Kramper and seconded by Van Marter to approve the minutes of July
25, 2002, Commission meeting as distributed.
Motion carried.
Aye: Madsen, Van Marter, Johannes, Hahn, Roberts, Davis, Jiskra,
Donaldson, Anderson, Garratt, Kramper, Korell, Pieper, Hergott
Nay: None
Not
Present: Bartak,
Watermeier
EXPENDITURES
The expenditure report for
July and August 2002 covering the funds administered by the Commission were
distributed to Commission members.
Roger Patterson noted
that water administration was particularly difficult this year because of
extremely limited water supplies in the western part of the state. He added that unless conditions change
significantly next year will also be difficult because some of the district’s
borrowed from their next year’s water supply to meet this year’s needs.
Vince
Kramper noted that the Environmental Trust had been in operation for 10 years
and had distributed
54
million dollars to approximately 600 applicants over the years. He added that this year they received
99
applications requesting about 22 million dollars. He added that because of the state’s financial difficulties there
may be additional raids on the Environmental Trust Funds next year.
Patterson noted that the
Special Master has given the parties until December 15 to settle their
differences and if that is not accomplished the trial would probably be
sometime next summer.
Patterson reported that a significant agreement had been reached in that the Department of Interior has agreed to request the National Academy of Sciences to review the science utilized in determining flow requirements in the Platte River. He noted that the National Academy of Sciences has agreed to accelerate that study so that the process can move forward. He added that a scope of the study will need to be developed and agreed upon.
Patterson noted that the
Task Force has organized and selected an Executive Committee and hired a
facilitator to help with the process.
He noted that the next meeting of the Task Force would be
November 18 and 19 in
Kearney. Clint Johannes added that the
Task Force has agreed upon a consensus process to arrive at decisions rather
than do any voting.
Gayle Starr reported that
the Executive Committee had met by teleconference to determine the allocation
of Soil and Water Conservation Funds as they were delegated authority to do by
the Commission. He noted that the
action of the Executive Committee was simplified by the fact that the
appropriation for the fund was not changed during the special session of the
Legislature. He noted that the actions
taken by the Executive Committee had been provided to all Commission members.
PROGRAM
COMMITTEE
Beverly Donaldson called on Tom Pesek who provided a status report and review of the Resources Development Fund. Pesek noted that the Papio-Missouri River NRD had submitted a request for obligation of funds for the Western Sarpy/Clear Creek Project and that funds were available to partially meet their request. He noted that the Commission had previously indicated a desire to save some funds for the proposed Blue Creek Irrigation Project but that it was now uncertain as to when that application might be brought forward but that the staff recommendation was that funds still be saved for that project and that
$1.5 million dollars be obligated to the Western Sarpy/Clear Creek Project. Steve Oltmans, representing the
Papio-Missouri River NRD, briefly reviewed the project and
the progress they have made on the planning and land acquisition for the
project. Motion was made by Kramper
and seconded by Davis to obligate funds to the Western Sarpy/Clear Creek
Project for the following components:
#1 Feasibility Study $24,000.00
#2 PED (Design) by Corps 232,764.00
#3 Right-of-Way (Partial) 1, 243,236.00
$1,500,000.00
Motion carried.
Aye: Van Marter, Johannes, Hahn, Roberts, Davis, Jiskra, Donaldson, Anderson, Garrat, Kramper, Korell, Pieper, Madsen, Hergott
Nay: None
Not
Present: Bartak,
Watermeier
Pesek explained that the
Commission at the last meeting had requested a briefing on the status of
Weeping Water 7g. He added that a
summary of Commission action on the project had been provided to members. In response to a question Pesek stated that
even though funds had been approved and allocated for the project there were no
funds obligated or set aside for the project at this time. Glenn Johnson, Manager of the Lower Platte
South NRD, indicated that there was no change in the status of the project and
requested that the Commission not take any action to change the current status
of the 7g project which would leave it as an approved project with no funds obligated. Johnson responded to a number of questions
concerning the future possibility of road closures that would be needed for the
dam and other questions concerning the project.
Pesek distributed a status
report on the Small Watersheds Flood Control Fund and briefly reviewed it. He explained that bids for auctioneer
services for the January land sale of two tracts involved with Middle Big
Nemaha Site 3 have been received from four auctioneers and then provided the
Commission members with a summary of the bids received. He noted that the bids were very competitive
but that based on the services provided the staff recommendation was that Jack
Bernard be selected as the auctioneer for the two tracts at Middle Big Nemaha
Site 3. Motion was made by Van Marter
and seconded by Korell to accept the bid of Bernard real estate. Motion carried.
Aye: Johannes, Hahn, Roberts, Davis, Jiskra, Donaldson, Anderson,
Garrat, Kramper, Korell, Pieper, Madsen, Van Marter, Hergott
Nay: None
Not
Present: Bartak, Watermeier
Gayle Starr distributed
status reports for the Soil and Water Conservation Fund, Natural Resources
Water Quality Fund, the Water Well Decommissioning Fund, and briefly reviewed
them and responded to several questions.
Starr explained that based on the current status of the utilization of
funds for Republican Basin meters, some changes were appropriate to better
utilize the funds. He indicated that he
had visited with the four managers involved and there was agreement on the
changes. He explained that the staff
recommendation was that the allocation for the Upper Republican NRD be reduced
to $25,000 and that those funds be added to the allocation for the Middle
Republican Natural Resources District for Republican meter funds. He added that the Commission could review
the status at future meetings and make any additional changes that appeared to
be necessary at that time. Motion
was made by Davis and seconded by Roberts to reduce the Republican Meter
allocation of the Upper Republican NRD to $25,000 and add those funds reduced
from the Upper Republican’s allocation to the allocation of the Middle
Republican NRD. Motion carried.
Aye: Hahn,
Roberts, Davis, Jiskra, Donaldson, Anderson, Garrat, Kramper, Korell, Pieper,
Madsen, Van Marter, Johannes, Hergott
Nay: None
Not Present: Bartak, Watermeier
ADVISOR’S COMMENTS
Steve
Chick, representing the Natural Resources Conservation Service, distributed a
report and briefly reviewed it. He
noted several personnel changes and briefly commented on the status of funding
for their programs and the problem with obtaining technical assistance funds to
manage those programs.
Gayle Starr noted that
the agency budget request would be submitted by October 15 and that the staff
has visited with the Governor’s budget office concerning that request.
Roger Patterson noted
that the agency would be proposing limited legislation this year concerning
permits for dams, amnesty for dams that had not been permitted previously, and
possibly changes in the dam safety law.
He added that the proposed legislation could be drafted by the next
Commission meeting so that Commission members could be fully briefed on the
proposals at that time.
FUTURE MEETINGS
The next meeting of the Commission will be November 20 and 21 in Lincoln. Wayne Davis indicated that the Upper-Niobrara White NRD would like to invite the Commission to hold their summer meeting in 2003 in the Upper-Niobrara White NRD. It was agreed that the staff would work with the NRD to select a date and specific location for that meeting for Commission consideration when the Commission establishes their 2003 meeting schedule at their January meeting.
ADJOURNMENT
The meeting was adjourned
at approximately 4:30 p.m.
________________________________________ ________________________________________
Chairman Director of Natural Resources