MINUTES OF THE TRI-BASIN NRD BOARD MEETING Tuesday, March 12, 2013, 1:30 p.m. Tri-Basin NRD

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1 MINUTES OF THE TRI-BASIN NRD BOARD MEETING Tuesday,, 1:30 p.m. Tri-Basi NRD CALL TO ORDER The regular mothly board meetig of the Tri-Basi Natural Resources District (NRD) was called to order by Chairma David Nickel, at 1:31 p.m. Olse oted Public Meetig Law is posted i the boardroom. Thorbur opeed a public hearig for Sad Creek Ladowers. ROLL CALL Roll call was take with eleve directors preset: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad. Reyolds ad Wiz were abset. Notice of the meetig was published i the Holdrege Citize, Bertrad Herald, Elwood Bulleti ad the Mide Courier ad aouced over radio statios KRVN, Lexigto ad KUVR, Holdrege. There o abseces to excuse. EXCUSE ABSENCES MINUTES Thorbur preseted the miutes of the February, 2013 Board of Director s Meetig, Special Board of Director s Meetig, Public Hearig ad Plaig Committee Meetig ad February 27, 2012 Plaig Committee Meetig. Moved by Olse, secoded by Bilka, to approve the miutes for the February 12, 2013 Special Board of Directors Meetig. Motio AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso ad Olse ABSTAIN: ad Nickel Moved by Bilka, secoded by Johso, to approve the miutes for the February 12, 2013 Board of Directors Meetig ad Public Hearig. Motio AYE: Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Olse ad ABSTAIN: Bergstrom ad Nickel Moved by Nelso, secoded by Johso, to approve the miutes for the February 12, 2013 Plaig Committee Meetig. Motio carried uaimously. Moved by Nelso, secoded by Johso, to approve the miutes for the February 27, 2013 Plaig Committee Meetig. Motio carried uaimously. FINANCIAL REPORT Garrelts preseted the fiacial report for the moth of February 2013 as follows: Accrual Expeditures for Moth $76, Cash Expeditures for Moth $78, Accrual Reveues for Moth $14, Cash Reveues for Moth $11, Bak Balace February 28, $203, Accouts Receivable February 28, $7,432.12

2 Ivestmets Piacle Bak February 28, $1,003, Whiskey Slough IPA Balace February 28, $18, Fort Keary-West IPA Balace February 28, $7,

3 TRI-BASIN NRD BOARD MINUTES Page Two South Dry Creek IPA Balace February 28, $9, Fort Keary IPA Balace February 28, $11, North Dry Creek IPA Balace February 28, $16, Sacrameto Creek IPA Balace February 28, $23, Moved by Johso, secoded by Ludee, to accept the February 2013 fiacial reports ad file for audit. Motio AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad SPECIAL BILLS Thorbur preseted the VISA ad attorey bills for approval. Moved by Garrelts, secoded by to approve the Visa ad attorey bill. Motio AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad NRCS REPORT FSA Farm Plas: Scheele preseted oe farm pla for approval: Christese Joit Operatio. Moved by, secoded by Larso to approve a farm pla for Christese Joit Operatio. Motio AYE: Bergstrom, Bilka, Garrelts, Larso, Ludee, Nelso, Nickel, Olse ad NAY: Harris ad Johso Activity ad Progress Report: Breece reported CSP paymets were fiished. CSP program will be discotiued i 2013, but may be added i aother year. COST SHARE REPORT Well Abadomet Thorbur preseted ie well decommissioig cost-share applicatios for approval. Moved by Garrelts, secoded by Olse to approve well decommissioig cost-share applicatios #98-#106. Motio AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad NSWCP & NRD Applicatios Thorbur preseted te NSWCP cost-share applicatios ad oe TBNRD cost-share applicatio. Moved by Nelso, secoded by Olse to approve te NSWCP Costshare applicatios ad oe TBNRD cost-share applicatio. Motio 2568

4 TRI-BASIN NRD BOARD MINUTES Page Three AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad Educatioal Lad Leases There were o educatioal lad leases to approve. GROUNDWATER MANAGEMENT Groudwater & Certified Acre Trasfers Thorbur preseted oe groudwater trasfer requests for D&T Nielse Family Farms, four certified irrigated acre trasfer requests (D&T Nielse Family Farms, Paul Roth, Eleaor Nott ad Fasteau Trust) ad three special requests for Alfred Kuck, Peter ad A Rau ad Trevor Urbom. All special requests were for correctios to certified acres. Moved by Garrelts, secoded by Ludee to approve groudwater trasfer requests for D&T Nielse Family Farms coditioal o a field marker beig istalled. Motio AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad Moved by Olse, secoded by Bilka to approve certified irrigated acre trasfer requests for D&T Nielse Family Farms, Paul Roth, Eleaor Nott ad Fasteau Trust. Motio AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad Moved by Garrelts, secoded by Larso to approve correctio of certified irrigated acres for Al Kuck, Peter/Aa Rau ad Trevor Urbom. Motio AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad OTHER BUSINESS The public was give the opportuity to brig other specific busiess or o-ageda items before the board for commet ad/or discussio. UNFINISHED BUSINESS Review Estimate for NDC Evaluatio: Thorbur explaied that NDNR would like to cost-share with TBNRD o a study of additioal NDC Augmetatio well sites, but because of costraits o time, suggested a idepedet cotractor. The suggested cotractor was t available, so aother cotractor was cotacted ad will provide a bid. 2569

5 TRI-BASIN NRD BOARD MINUTES Page Four Presetatio o CNPPID Groudwater Moud Study, Dave Ford: Tyler Thuli from CNPPID gave a presetatio o CNPPID s groudwater study. CNPPID is expectig the study to be completed i approximately six moths. TBNRD has t cotributed to the study. NARD REPORT NARD Legislative Coferece: Wiz ad Reyolds are i Washigto DC for coferece. NARD established a NRD Coservatio Hall of Fame ad cadidates are beig cosidered. NARD is takig omiatios for recipiets. COMMITTEE REPORTS Plaig Committee: Thorbur reviewed plaig committee recommedatios cocerig the Groudwater Maagemet Rules ad Regulatios. Prior to the last hearig, NDNR ad NDEQ suggested chages to the rules, but the hearig process had already bee started, so the board decided to approve the curret draft of the rules ad regulatios ad cosider the chages suggested by NDNR (a exceptio that differetiates betwee commercial, idustrial, evirometal ad oirrigatio agricultural uses) ad NDEQ (idetify ad defie evirometal water use ad 80 lb. sigle applicatio of itroge applicatio i Phase III) at a later date. Chages were also suggested by a agroomist about usig itroge as a carrier for pesticide. The committee recommeded all but two of the chages. The committee recommeded that the board discuss (cocerig itroge applicatio) ad (cocerig chages to certified acre certificatio process). There was discussio about limitig itroge i Phase III areas by sady soil types (high leachig) or date of applicatio. Thorbur suggested the board could approve the proposed chages (except for ad ) ad agree to hold a hearig but ot set a date for the hearig. That would allow for further discussio of ad Garrelts suggested reviewig the chages i cotext of the etire draft. Moved by Johso, secoded by Bergstrom to accept the Plaig Committee recommedatio to accept the proposed chages to the Groudwater Maagemet Rules ad Regulatios except for Sectios ad , which should be discussed further by the board. Motio AYE: Bergstrom, Bilka, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad NAY: Garrelts Moved by Nelso, secoded by Ludee to table the followig motio cocerig limitig itroge applicatio. Motio AYE: Bergstrom, Bilka, Harris, Johso, Larso, Ludee, Nelso, Nickel ad NAY: Garrelts ad Olse Moved by, secoded by Olse to reword Groudwater Maagemet Rule to read producers shall ot apply more tha 80 lbs. of ay itroge i a sigle applicatio at ay time before emergece of the crop o field where more tha 50 percet of the aerial extet cosists of high leachig soils. Motio tabled. Ludee suggested Ray Ward talk to the board about itroge applicatio. Nickel suggested the Groudwater Maagemet Pla should be chaged before the rules ad regulatios so both documets are the same. 2570

6 TRI-BASIN NRD BOARD MINUTES Page Five There was discussio about rule , which would t allow correctios for certified irrigated acres to be moved to aother parcel for te years after the correctio was approved. The potetial effects of the limitatio were discussed icludig accoutig for corrected acres ad the effect o actual versus certified acres. There was discussio about allowig ladowers to correct acres for a year ad the ot allow ay correctios. Fahrebruch commeted that although some ladowers are searchig for acres to complete a pivot, other ladowers might wat to move acres to improve efficiecy. Ludee asked for a total of corrected acres ad the associated depletio. The board will hold a special board meetig at 10:30 o April 9, 2013 to discuss chages to the groudwater maagemet rules ad regulatios. Moved by Garrelts, secoded by Bilka to chage the time of the April 9, 2013 Board of Directors from 7:30 pm to 1:30 pm ad to hold a Special Board of Directors Meetig o the same day at 10:30 am. Motio AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad Projects & Costructio Committee: The Projects & Costructio Committee will meet Thursday, March 21, at 10 am to discuss the Johso Lake Trail, Phase II of NDC Streamflow Augmetatio Well ad Odessa IPA. STAFF REPORTS & NECESSARY ACTION Board Directives to Staff: There were o staff reports to review. Out-of-State Travel: Moved by Bilka, secoded by Johso to approve out-of-state travel for Nelso, Thorbur ad others to go to Durago, CO o August 14-16, Motio AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nickel, Olse ad ABSTAIN: Nelso MONTHLY REPORTS Republica Basi (NRRMD): Thorbur reported he had a coferece call with NDNR last week about small dam regulatio. Thorbur preseted a letter to ladowers commuicatig the status of permittig small dams. Several egieerig firms have offered to cotract with TBNRD to help ladowers as a group to permit the small dams ad desig plas. Platte Basi: Lad Committee will meet March 26, South Dry Creek: Aual meetig was held. Sacrameto Creek: Aual meetig was held. Middle Lost Creek: Nothig to report. 2571

7 Fort Keary West: Aual meetig was held. TRI-BASIN NRD BOARD MINUTES Page Six Fort Keary: Aual meetig was held. North Dry Creek: Aual meetig was held. Whiskey Slough: Aual meetig was held. Lake Seldom: Nothig to report. CoHyst/Platte Basi Coalitio: Nothig to report. Weed Maagemet Areas Riparia Vegetatio Task Force: Thorbur testified o a bill to exted the Riparia Vegetatio Task Force suset date. Sad Creek/Little Blue Basi: Hearig was held last moth ad today for Sad Creek Ladowers. A ladower that was properly otified last moth has cotacted TBNRD to egotiate the lad ad a meetig is set for Friday, March 15. CNPPID: Ford reported Lake McCoaughay 64% ad elevatio feet. NEW BUSINESS Set IPA Assessmets for : Moved by secoded by Olse to set the 2013 IPA Assessmets at Ft. Keary - $0.00, Fort Keary West - $0.15, North Dry Creek - $0.05, Sacrameto Creek - $0.00, South Dry Creek - $0.15 ad Whiskey Slough - $0.00. Motio AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad Reschedule August Board Meetig to August 6 th, 2013 or August 20, 2013: This item will be discussed at a later date. The August Board of Directors Tour was discussed ad it was suggested to visit some dam sites i the Little Blue Basi ad the Natioal Weather Service i Hastigs. Schedule Public Hearig o Proposed NRD Rules Chages: This item was postpoed util the rules chages could be discussed further. COMMENTS AND CONCERNS There were o commets ad cocers. PERSONNEL & LEGAL MATTERS Moved by Garrelts, secoded by Ludee to move to executive sessio for the protectio of the public to discuss cotractual matters at 3:30 p.m. Motio AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad 2572

8 Moved by Bergstrom, secoded by Olse to move out of executive sessio for the protectio of the public to discuss cotractual matters at 3:55 p.m. Motio TRI-BASIN NRD BOARD MINUTES Page Seve AYE: Bergstrom, Bilka, Garrelts, Harris, Johso, Larso, Ludee, Nelso, Nickel, Olse ad NEXT BOARD MEETING TBNRD Regular Board Meetig will be held at 1:30 p.m., ad Special Board Meetig at 10:30 am o Tuesday, April 9, 2013 at Tri-Basi NRD. ADJOURNMENT There beig o further busiess, the meetig adjoured at 3:57 p.m. DIRECTORS PRESENT Joe Bilka, Todd Garrelts, Ed Harris, Phyllis Johso, Joe Larso, Bradley Ludee, David Nelso, Dave Olse, Dave ad Larry Reyolds. OTHERS PRESENT Carie Lych, Joh Thorbur, Nicole Salisbury, Kevi Breece, Tammy Fahrebruch, Dave Ford, Raleigh Nott, Tyler Thuli, Charles, Brooks, Nola Little, Trevor Urbom, David Nielse, Rady Hock, Nick Hock, Al Kuck, Carol Roth,. Paul Roth, Doug Roth ad Mark Johso. Respectfully Submitted: Carie Lych, Asst. Secretary 2573

9 TRI-BASIN NRD BOARD MINUTES Page Eight INDEX OF BOARD DECISIONS TRI-BASIN NATURAL RESOURCES DISTRICT BOARD OF DIRECTORS MEETING Motio # Category Subject Ay Nay Abs Motio e Meetig 9 2 Moved by Olse, secoded by Bilka, to approve the miutes for the February 12, 2013 Special Board of Directors Meetig Meetig Meetig Meetig Meetig Motio 9 2 Moved by Bilka, secoded by Johso, to approve the miutes for the February 12, 2013 Board of Directors Meetig ad Public Hearig. Motio Moved by Nelso, secoded by Johso, to approve the miutes for the February 12, 2013 Plaig Committee Meetig. Motio carried uaimously. Moved by Nelso, secoded by Johso, to approve the miutes for the February 27, 2013 Plaig Committee Meetig. Motio carried uaimously. 11 Moved by Johso, secoded by Ludee, to accept the February 2013 fiacial reports ad file for audit. Motio Budget 11 Moved by Garrelts, secoded by to approve the Visa ad attorey bill. Motio Meetig Meetig Meetig Certificatio & Trasfers Certificatio & Trasfers 9 2 Moved by, secoded by Larso to approve a farm pla for Christese Joit Operatio. Motio 11 Moved by Garrelts, secoded by Olse to approve well decommissioig cost-share applicatios #98-#106. Motio 11 Moved by Nelso, secoded by Olse to approve te NSWCP Cost-share applicatios ad oe TBNRD cost-share applicatio. Motio Nielse 11 Moved by Garrelts, secoded by Ludee to approve groudwater trasfer requests for D&T Nielse Family Farms coditioal o a field marker beig istalled. Motio Nielse, Roth, Nott & Fasteau 11 Moved by Olse, secoded by Bilka to approve certified irrigated acre trasfer requests for D&T Nielse Family Farms, Paul Roth, Eleaor Nott ad Fasteau Trust. Motio 2574

10 Certificatio & Trasfers District Plas ad Programs District Plas ad Programs District Plas ad Programs Meetig Meetig Kuck, Rau, Urbom GW Maageme t Rules GW Maageme t Rules GW Maageme t Rules 11 Moved by Garrelts, secoded by Larso to approve correctio of certified irrigated acres for Al Kuck, Peter/Aa Rau ad Trevor Urbom. Motio 10 1 Moved by Johso, secoded by Bergstrom to accept the Plaig Committee recommedatio to accept the proposed chages to the Groudwater Maagemet Rules ad Regulatios except for Sectios ad , which should be discussed further by the board. Motio 9 2 Moved by Nelso, secoded by Ludee to table the followig motio cocerig limitig itroge applicatio. Motio Moved by, secoded by Olse to reword Groudwater Maagemet Rule to read producers shall ot apply more tha 80 lbs. of ay itroge i a sigle applicatio at ay time before emergece of the crop o field where more tha 50 percet of the aerial extet cosists of high leachig soils. Motio tabled. 11 Moved by Garrelts, secoded by Bilka to chage the time of the April 9, 2013 Board of Directors from 7:30 pm to 1:30 pm ad to hold a Special Board of Directors Meetig o the same day at 10:30 am. Motio 10 1 Moved by Bilka, secoded by Johso to approve out-of-state travel for Nelso, Thorbur ad others to go to Durago, CO o August 14-16, Motio Projects IPA Assessmets Meetig Meetig 11 Moved by secoded by Olse to set the 2013 IPA Assessmets at Ft. Keary - $0.00, Fort Keary West - $0.15, North Dry Creek - $0.05, Sacrameto Creek - $0.00, South Dry Creek - $0.15 ad Whiskey Slough - $0.00. Motio 11 Moved by Garrelts, secoded by Ludee to move to executive sessio for the protectio of the public to discuss cotractual matters at 3:30 p.m. Motio 11 Moved by Bergstrom, secoded by Olse to move out of executive sessio for the protectio of the public to discuss cotractual matters at 3:55 p.m. Motio 2575