MINUTES OF THE
NEBRASKA NATURAL
RESOURCES COMMISSION MEETING
NOVEMBER 20, 2003
Those in attendance were:
Roger Korell, Chair Mike Onnen
Wayne Madsen, Member Glenn Johnson
Jim Van Marter, Member Paul Zillig
Joe Hergott, Member Nelson Carpenter
Richard Jiskra, Member Joel Bornemeier
Dan Watermeier, Member Sadie Nichols
Clint Johannes, Member Marsha Babcock
Beverly Donaldson, Member Lalit Jha
Vince Kramper, Member Marty Klein
Garry Anderson, Member Jerry Sandeen
Arlond Garratt, Member Roger Patterson, Director
Richard Hadenfeldt, Member Jim Cook, Staff
Robert Hahn, Member Tom Pesek, Staff
LeRoy Pieper, Member Mahendra Bansal, Staff
Wayne Davis, Member Steve Gaul, Staff
Marlin Petermann Gayle Starr, Staff
The meeting was called to order by Commission Chair, Roger Korell, at 9:30 AM in the conference room of the Lower Platte South NRD in Lincoln, Nebraska.
Notice of the meeting was placed in the LINCOLN JOURNAL & STAR on November 13, 2003, 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. Water Well Decommissioning Cash Fund Summary.
2. Nebraska Resources Development Fund Present Financial Status.
3. Nebraska Resources Development Fund Quarterly Report.
4. Semi-Annual Review of NRDF Projects.
5. Recommendation on the Winslow Levee Project from Director of Natural Resources.
6. Letter from LPS NRD on Weeping Water Creek Watershed Project.
7. Status of Small Watersheds Flood Control Fund.
8. Soil & Water Conservation Fund – Expenditures by Month, 1996-2004.
9. Republican Basin Water Meter Program status report.
10. Natural Resources Water Quality Fund Distributions.
11. NRCS Report to the NNRC and NARD.
12. Stevens Creek Watershed Farmpond Status Report.
Motion was made by Kramper and seconded by Jiskra to
approve the minutes of the September 23, 2003, Commission meeting as
distributed. Motion carried.
Aye: Pieper, Hahn, Davis, Garratt, Johannes, Hadenfeldt, Anderson, Hergott, Jiskra, Watermeier, Van Marter, Madsen, Kramper, Donaldson, Korell
Nay: None
Not Present: Roberts
Gayle Starr noted that the expenditure report for September and October, 2003, had been mailed to Commission members.
Steve Chick, NRCS State Conservationist, distributed a
report and commented briefly on FY 2003 accomplishments in the various
programs administered by NRCS or in which NRCS is involved. Chick also briefly commented on the progress
on program funding for FY 2004. Chick
also commented briefly on the competitive sourcing process that all USDA
agencies are going through, the accomplishments of the various aspects of the
Soil Survey program and the completion of the final structure of the Aowa Creek
PL566-watershed project.
Roger
Patterson explained that an individual has recently been hired to manage the
Commission’s information technology program, which will be a new division
within the agency organization. He also
noted that he and Dave Cookson from the Attorney General’s office have been
spending a considerable amount of time working on various issues involving the
numerous Missouri River litigation cases.
Patterson also announced that Jim Cook will be reducing his work hours
after the first of the year and that he and Jim will be working out the details
of that arrangement before the first of the year.
Vince
Kramper commented that the Environmental Trust has approximately nine million
dollars available for projects this year with about six million dollars of that
available for new projects and three million dollars committed to the
second and third years of previously approved projects. He added that a committee, of which he is a
member, is sorting through the 86 applications to arrive at a
recommendation for the full Environmental Trust Board. He added the next meeting of the Trust Board
is January 29 and that the Board is exploring the formation of a foundation as
well as relocating their office space from the Game and Parks Commission
building to a location in the vicinity of the Capitol building.
PLATTE AND REPUBLICAN RIVER
ISSUES
Roger
Patterson explained that the three states and the federal government are moving
closer to agreement on the program for the Platte River but that the real
problem will be where the money comes from to support the program that is
agreed upon.
With
regard to the Republican River Basin, he noted that the basin has a very poor
water supply situation for irrigation districts at the present time, with a
recent Bureau of Reclamation memorandum indicating that based on current
conditions, Harlan County Reservoir may be able to only supply about 20 percent
of its normal water supply. He added
that the NRDs and the department are moving ahead with the requirements of the
settlement but that significant work remains to be done.
WATER POLICY TASK FORCE
Patterson
explained that the Task Force had met Tuesday and Wednesday of this week in
Kearney and had reached consensus on some significant issues. He added that the recommendations of the
Task Force will not solve all water related issues in Nebraska but that it is a
good first step. He noted that the Task
Force would be meeting on December 18 in Lincoln with Governor Johanns.
Robert
Hahn explained that all Commission members had been present at the Program
Committee meeting and that the committee had only two items for Commission
action. He added that the sponsors of
four Resources Development Fund projects were present to brief the Commission
on the status of their projects.
Paul
Zillig, Assistant Manager of the Lower Platte South NRD, briefed the Commission
on the Steven’s Creek Project noting that two structures had been completed,
three are under construction, four are under land rights negotiations and one
final structure is currently being appraised at this time. He explained that because these structures
are on the eastern edge of Lincoln, which is rapidly being developed for
acreages, they are encountering significant difficulties in negotiating land
rights.
Glenn
Johnson, Manager of the Lower Platte South NRD, made a brief power point
presentation on various aspects of the Antelope Valley Project and noted that
it is moving along quite well. He added
that the complexity of the project, including flood control, transportation, and
urban development aspects require a great deal of coordination to keep things
going.
Mike
Onnen, Manager of the Little Blue NRD, reported on the Little Sandy
Project. He noted that the district is
encountering some delays at Site 61 (the recreation site) because of some
concerns about a possible Indian burial ground. He explained that he is working with state and federal agencies
as well as native American groups to determine if an Indian burial ground is in
fact in the area. Onnen added that
construction of Site 30 has been completed.
Marlin
Petermann, Assistant Manager of the Papio-Missouri River NRD, briefed the
Commission on the Western Sarpy/Clear Creek Project and explained that one of
their major efforts at present is working with some cabin owners in the Beacon
View area to either buy out those cabins or elevate them. He added that work is proceeding on design
of the levees by the Corps of Engineers.
He added that it is likely that it will be necessary for the sponsors to
come back to the Commission for a cost increase.
Robert Hahn explained that the committee had taken action to recommend two specific actions by the Commission. Motion was made by Hahn and seconded by Kramper to recommend that the Natural Resources Commission having reviewed and considered the recommendation of the Department of Natural Resources, hereby makes the following findings of fact:
(1) The Winslow Levee 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
Village of Winslow and the Lower Elkhorn Natural Resources District are
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 Winslow Levee 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 assessment system for obligating funds.
(2) The funding, if and when provided, should be in the form of a grant for up to $456,582.00 not to exceed 75% of the total project cost of $608,776.00, including feasibility study costs of $30,000.00.
(3) The
funding is contingent upon the securement of local cost-share funds no later
than December 1, 2004, and no NRDF funds can be obligated to the project
until the local funding is secured.
(4) The
Director of Natural Resources is authorized to negotiate and enter into a
contract with the Village of Winslow and the Lower Elkhorn NRD for carrying out
the conditions for the utilization of NRDF funds for the project.
Aye: Davis, Garrett, Johannes, Hadenfeldt, Anderson, Hergott, Jiskra,
Watermeier, Van Marter, Madsen, Kramper, Donaldson, Pieper, Hahn, Korell
Nay: None
Not
Present: Roberts
Motion
was made by Hahn and seconded by Johannes that the Natural Resources Commission
allow the Lower Platte South NRD to delete Weeping Water Creek Site 7g, thereby
reducing the allocation of the Weeping Water Creek Watershed Project from
$5,204,450.00 to $3,736,657.37 and the allocation for the Weeping Water 7g
Project from $1,276,410.00 to $0.00 and not require the Lower Platte South NRD
to return any Natural Resources Development Funds already reimbursed to the NRD
for the Weeping Water Creek Watershed Project.
Motion carried.
Aye: Davis, Garrett, Johannes, Hadenfeldt, Anderson, Hergott, Jiskra,
Watermeier, Van Marter, Madsen, Kramper, Donaldson, Pieper, Hahn, Korell
Nay: None
Not
Present: Roberts
LEGISLATIVE & BUDGET
COMMITTEE
Jim
Cook explained that as noted earlier by Roger Patterson, the Water Policy Task
Force has reached consensus on recommended legislation to be considered by the
Legislature in the next session and that he will plan to work with Dave Cookson
of the Attorney General’s office to develop the needed legislative bills. He explained that one of the recommendations
of the Water Policy Task Force is that .05 cents of the existing sales tax be
devoted to water issues. He added that
this would raise approximately eleven million dollars annually.
Gayle
Starr noted that the Legislature would be addressing the budget issue during
the upcoming 60-day session of the Legislature. He added that it is anticipated that the Governor will submit his
recommendations on how to deal with the estimated two hundred million dollar
shortfall and the Legislature will be addressing that issue after the
forecasting Board meets in February.
Starr added that the two hundred million dollar estimated shortfall
relates to the two-year budget biennium.
Steve
Gaul, head of the department’s Planning and Assistance Division, briefly reported
on division activities including carbon sequestration, work on the Republican
Basin Settlement issues, digitization of water rights, the SURGO soils effort,
and the National Hydrographic data set.
Mahendra Bansal, head of the department’s Natural Resources Data Bank, displayed some digital maps and explained the various geo-referenced layers that can be accessed from the department. He added that at the next Commission meeting he hoped to provide a demonstration of that process for Commission members.
The next meeting of the Commission will be January 28 in connection with the NARD annual legislative conference. It was noted that the Commission meeting would probably be at the Embassy Suites in Lincoln.
The meeting was adjourned at 11:35 a.m.
____________________________________ _____________________________________
Chair Director of Natural Resources