MINUTES OF THE

MINUTES OF THE

NEBRASKA NATURAL RESOURCES COMMISSION MEETING

MAY 20, 2004

 

Those in attendance were:

 

Beverly Donaldson, Chair                                              Glenn Johnson

Garry Anderson, Member                                              Paul Zillig

Wayne Davis, Member                                                  Marty Klein

LeRoy Pieper, Member                                                 Jerry Sandeen

Keith Rexroth, Member                                                 Leroy Stokes

Richard Hadenfeldt, Member                                         Ken Berney

Wayne Madsen, Member                                               Mike Onnen

Jim Van Marter, Member                                              Lyndon Vogt

Dan Watermeier, Member                                             Frank LaMere

Clint Johannes, Member                                                 Len Schropfer

Vince Kramper, Member                                               Nelson Carpenter

Arlond Garratt, Member                                                Marlin Petermann

Don Roberts, Member                                                   Justin Stine

Joe Hergott, Member                                                     Roger Patterson, Director

Richard Jiskra, Member                                                 Tom Pesek, Staff

Roger Korell, Member                                                   Gayle Starr, Staff

                                                                                                                                                           

 

CALL TO ORDER

 

The meeting was called to order at 8:00 a.m. in the conference room of the Central Platte NRD in

Grand Island, Nebraska by Commission Chair, Beverly Donaldson

 

 

PUBLIC NOTICE

 

Notice of the meeting was placed in the LINCOLN JOURNAL & STAR and the GRAND ISLAND INDEPENDENT on May 13, 2004, 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.                   Exhibit B – Nebraska Resources development Fund – Project Components and Request for

FY 2005 Funds - Staff Recommendation.

2.                   Natural Resources Water Quality Fund Distributions.

3.                   Water Well Decommissioning Cash Fund Summary.

4.                   Nebraska Resources Development Fund Present Financial Status.

5.                   NE Soil & Water Conservation Fund – Water Meter Program Summary

6.                   Status of Small Watersheds Flood Control Fund.

7.                   Soil & Water Conservation Fund – Expenditures by Month, 1996-2004.

8.                   Republican Basin Water Meter Program.

9.         Letter from Len Schropfer dated May 20, 2004.

10. Letter from Alan and Jason Krupicka undated.

 

11.        Letter from Dunse family dated May 17, 2004.

12.        Letter from Nebraska Commission on Indian Affairs dated May 17, 2004.

13. Letter from the Pawnee Nation of Oklahoma dated May 19, 2004. 

 

 

MINUTES

 

Motion was made by Kramper and seconded by Van Marter to approve the minutes of the

March 25, 2004 Commission meeting as distributed. Motion carried. 

Aye:     Kramper, Pieper, Roberts, Davis, Garratt, Johannes, Hadenfeldt, Anderson, Hergott, Jiskra, Korell, Rexroth, Watermeier, Van Marter, Madsen, Donaldson

Nay:     None

Not Present:      None

 

 

EXPENDITURES

 

Commission Chair, Beverly Donaldson, noted that the expenditure report for March and April, 2004 had been distributed for Commission members.

 

 

NATURAL RESOURCES DEVELOPMENT FUND PROJECT ASSESSMENT

 

Tom Pesek reviewed the Resources Development Fund project assessment process and noted that five projects were requesting funds for the next fiscal year.  He added that representatives of each of the five projects were present to give presentations as follows:

 

1.                   Antelope Creek – Lower Platte South NRD – Glenn Johnson

2.                   Winslow Levee –Village of Winslow and Lower Elkhorn NRD – Ken Berney & Justin Stine

3.                   Little Sandy Creek Watershed – Little Blue NRD – Mike Onnen

4.                   Stevens Creek – Lower Platte South NRD – Paul Zillig

5.                   Western Sarpy/Clear Creek – Papio-Missouri River NRD – Marlin Petermann

 

In addition to Mike Onnen’s presentation regarding the Little Sandy Creek Project, Frank LaMere and Len Schropfer presented information in opposition to Site 61 of the Little Sandy Creek Watershed Project.

 

 

ADVISOR’S COMMENTS

 

Leroy Stokes, representing the Natural Resources Conservation Service, presented information regarding the delineation of hydrologic units throughout the state and adjoining states by NRCS and USGS.

 

 

DIRECTOR’S REPORT

 

Roger Patterson briefly reviewed the surface water supply situation in the state noting that only one of eleven canals in the Republican River Basin would be receiving storage water this year with perhaps two more being able to receive natural flow water.  He noted that surface water supplies were also very limited in the Platte River system and noted that the Lake McConaughy is at about 38 percent of capacity. 

 

Patterson explained that the Corps of Engineers released their master manual for operation of the Missouri River earlier this spring and that there were about six lawsuits challenging the Corp’s findings.  He added that the six lawsuits have been consolidated into one court in Minneapolis and Dave Cookson of the Attorney General’s office would be attending a hearing there on Friday.

 

 

PLATTE & REPUBLICAN RIVER ACTIVITIES

 

Patterson noted that the National Academy of Sciences review of the science used by the Fish & Wildlife Service in their flow determinations on the Platte River determined that their findings were  appropriate and they suggested some additional things that could be accomplished. He added that the Governance Committee now needs to move ahead with their work and that they had met earlier this week in Denver where good progress was made.

 

With regard to the Republican River, Patterson indicated that the DNR staff is working with the Republican Basin NRDs to meet the settlement requirements.

 

 

WATER POLICY TASK FORCE

 

Patterson explained that LB 962, which encompassed the major recommendations of the Water Policy Task Force, was enacted by the Legislature and signed by the Governor and would become effective on July 16. He added that the DNR staff is gearing up to meet the various requirements included in that legislation and that an appropriation of 2.5 million dollars was authorized for the department for implementation of the bill in the next fiscal year.  He added that a budget for the use  of those funds is being prepared and will be reviewed with the Executive Committee of the Water Policy Task Force in the near future.  He added that the Water Policy Task Force is conducting a tour of the Platte River Basin from Kearney upstream to the Pathfinder Reservoir in Wyoming the first week in June.

 

 

ENVIRONMENTAL TRUST

 

Vince Kramper noted that the Environmental Trust office would be moving into the Ferguson mansion in the next few months.  He added that the Trust would be renting the building from the state and would be occupying only one floor of the building and would be trying to rent out the extra space to another client.  He added that the Ferguson mansion is a large historic house located just southeast of the Capitol building.

 

Kramper explained that at the last Trust meeting, approval was made for about nine million dollars of grants with six million dollars going to new grants and three million dollars going to the second or third year of previously approved grants.

 

 

PROGRAM COMMITTEE

 

Dan Watermeier called on Tom Pesek who reviewed the Resources Development Fund Status Report and Quarterly Report.

 

Watermeier explained that several actions were required to adjust project allocations and approve obligations for the next fiscal year for the various projects requesting FY 2005 funding, all of which had made presentations earlier. 

 

 

Motion was made by Kramper and seconded by Johannes to increase the Natural Resources Development Fund allocation for the Western Sarpy/Clear Creek Project by $1,530,918.00 from $3,155,200.00 to $4,686,118.00.  Motion carried.  

Aye:     Pieper, Roberts, Davis, Garratt, Johannes, Hadenfeldt, Anderson, Hergott, Jiskra, Korell, Rexroth, Watermeier, Van Marter, Madsen, Kramper, Donaldson 

Nay:     None

Not Present:  None

 

Motion was made by Korell and seconded by Rexroth to increase the NRDF allocation for the Stevens

Creek Watershed Project by $570,000.00 from $1,798,396.25 to $2,368,396.25.  Motion carried.

Aye:     Roberts, Davis, Garratt, Johannes, Hadenfeldt, Anderson, Hergott, Jiskra, Korell, Rexroth, Watermeier, Van Marter, Madsen, Kramper, Pieper, Donaldson

Nay:  None

Not Present:  None       

 

Motion was made by Pieper and seconded by Jiskra to increase the Natural Resources Development

Fund allocation for the Little Sandy Creek Watershed Project by $62,628.35 from $2,020,200.00 to

$2,082,828.35.  Motion carried.

Aye:     Davis, Garratt, Johannes, Hadenfeldt, Anderson, Hergott, Jiskra, Korell, Rexroth, Watermeier,

            Van Marter, Madsen, Kramper, Pieper, Roberts, Donaldson

Nay:     None

Not Present:  None

 

Motion was made by VanMarter and seconded by Kramper to modify components as necessary for

obligation of FY 2005 funds.  Motion carried.

Aye:     Garratt, Johannes, Hadenfeldt, Anderson, Hergott, Jiskra, Korell, Rexroth, Watermeier,

            Van Marter, Madsen, Kramper, Pieper, Roberts, Davis, Donaldson

Nay:     None

Not Present:      None

 

 

 

Motion was made by Kramper and seconded by Van Marter to establish the following components and

obligate FY 2005 funds as follows:

NEBRASKA RESOURCES   DEVELOPMENT   FUND

Project   Components   and Obligation   of   FY 2005   Funds

 

May 20, 2004

Project

#

Project   Component

FY 2005 Obligation

Antelope Creek

4a

R-O-W Acquisitions and Relocations

 

 

 

 

 $ 1,327,322.32

Winslow Levee

3

Land Acquisition

 

 

4

Construction

 

 

5

O&M Manual

 

 

 

 

 $            394,416.75

Little Sandy Creek Watershed

2b

Engineering, Site 40

 

 

3a

Lands & Easements, Sites 30 & 61

 

 

3b

Lands & Easements, Site 40

 

 

4a

Construction & Inspection, Sites 30 and 61

 

 

 

 

 $            246,798.35

Stevens Creek Watershed

3

Land Rights

 

 

 

 

 $            570,000.00

Western Sarpy/Clear Creek

3

R-O-W and Construction

 

 

 

 

 $ 1,537,280.31

 

 

 TOTAL: 

 $         4,075,817.73

Motion carried.

Aye:     Johannes, Hadenfeldt, Anderson, Hergott, Jiskra, Korell, Rexroth, Watermeier, Van Marter,

            Madsen, Kramper, Pieper, Roberts, Davis, Garratt, Donaldson

Nay:     None

Not Present:  None

 

Tom Pesek distributed the Small Watersheds Flood Control Fund Status Report and briefly reviewed the

report noting that a fee title tract is scheduled for sale in January of 2005.  The tract is

approximately 149 acres located near the community of Crab Orchard in the Nemaha NRD.

 

Gayle Starr distributed status reports on the Soil & Water Conservation Fund, Natural Resources Water

Quality Fund, the Water Well Decommissioning Fund and the flow meter cost-share funds.

 

Starr explained that he was requesting that an item be added to the agenda as an emergency to provide

for the allocation of the Soil & Water Conservation Funds for FY 2005.  Motion was made by Kramper

and seconded by Madsen to add an item to the agenda as an emergency to take action on the

distribution of the Soil & Water Conservation Funds for FY 2005. Motion carried.

Aye:     Hadenfeldt, Anderson, Hergott, Jiskra, Korell, Rexroth, Watermeier, Van Marter, Madsen,

            Kramper, Pieper, Roberts, Davis, Garratt, Johannes, Donaldson

Nay:     None

Not Present:      None

 

Gayle Starr explained that the Commission has utilized the distribution formula for a number of years

that provides for the allocation of one million dollars divided evenly among the 23 districts with the

remaining available funds divided based on the NRI formula that the Commission has utilized for a

number of years.  Motion was made by Jiskra and seconded by Kramper to approve the

following distribution formula for the Nebraska Soil & Water Conservation funds for FY 2005:

One million dollars distributed equally among the 23 NRDs and the distribution of any additional available funds based on the NRI formula previously adopted by the Commission. Motion carried.

Aye:     Anderson, Hergott, Jiskra, Korell, Rexroth, Watermeier, Van Marter, Madsen, Kramper,

      Pieper, Roberts, Davis, Garratt, Johannes, Hadenfeldt, Donaldson

Nay:   None

Not Present:   None

 

LEGISLATIVE & BUDGET COMMITTEE

Gayle Starr and Roger Patterson noted that the primary legislative activity affecting the department was the passage of LB 962, which will make significant changes in the workload and operating procedures for the department.  They added that an appropriation of $2.5 million dollars was provided for the department to implement the provisions of LB 962 and that those funds would be available beginning in July.  They added that it was anticipated that three additional employees would be hired to assist with those implementation efforts. 

 

 

NEXT MEETING

 

The next meeting of the Commission will be July 20-21 in York.

 

 

ADJOURNMENT

 

The meeting was adjourned at approximately 11:15 a.m.

 

 

 

 ____________________________________     _____________________________________

 Chair                                                                      Director of Natural Resources