MINUTES OF THE TRI-BASIN NRD BOARD MEETING Tuesday, October 9, 2012, 7:30 p.m. Tri-Basin NRD

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1 MINUTES OF THE TRI-BASIN NRD BOARD MEETING Tuesday,, 7:30 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 7:30 p.m. Nickel oted Public Meetig Law is posted i the boardroom. ROLL CALL Roll call was take with eight directors preset: Garrelts, Johso, Ludee, Nelso, Nickel, Olse, Raffety ad Reyolds. Wiz arrived at 7:43 p.m. Bergstrom, Bilka, Harris ad Larso 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. EXCUSE ABSENCES There were o abseces to excuse. MINUTES Nickel preseted the miutes of the September 11, 2012 Board of Director s Meetig ad Public Hearigs. Moved by Reyolds, secoded by Olse, to approve the miutes for the September 11, 2012 Board of Directors Meetig. Motio carried. AYE: Johso, Ludee, Nelso, Olse, Raffety, Reyolds ad Nickel ABSTAIN: Garrelts ABSENT: Wiz, Bergstrom, Bilka, Harris ad Larso Moved by Johso, secoded by Ludee, to approve the miutes for the September 11, 2012 Budget Hearig. Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds ad Nickel ABSENT: Wiz, Bergstrom, Bilka, Harris ad Larso Moved by Ludee, secoded by Raffety, to approve the miutes for the September 11, 2012 Groudwater Maagemet Hearig. Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds ad Nickel ABSENT: Wiz, Bergstrom, Bilka, Harris ad Larso FINANCIAL REPORT Garrelts preseted the fiacial report for the moth of September 2012 as follows: Accrual Expeditures for Moth $66, Cash Expeditures for Moth $64, Accrual Reveues for Moth $292, Cash Reveues for Moth $299, Bak Balace September 30, $256, Accouts Receivable September 30, $10, Ivestmets September 30, $200.51

2 Page Two Ivestmets Piacle Bak September 30, $1,002, Whiskey Slough IPA Balace September 30, $17, Fort Keary-West IPA Balace September 30, $6, South Dry Creek IPA Balace September 30, $8, Fort Keary IPA Balace September 30, $11, North Dry Creek IPA Balace September 30, $16, Sacrameto Creek IPA Balace September 30, $22, Raffety commeted that the savigs accout with approximately $200 balace could be closed because it is t used aymore. Moved by Raffety, secoded by Johso, to accept the September 2012 fiacial reports ad file for audit. Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds ad Nickel ABSENT: Wiz, Bergstrom, Bilka, Harris ad Larso SPECIAL BILLS Thorbur preseted the VISA, Attorey ad NRRMD bills for approval. Moved by Reyolds, secoded by Ludee to approve the visa, attorey ad NRRMDA bills. Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds ad Nickel ABSENT: Wiz, Bergstrom, Bilka, Harris ad Larso NRCS REPORT FSA Farm Plas: There were o farm plas for approval. Activity ad Progress Report: Breece reported 149 EQIP cotracts totalig $3 millio were writte. COST SHARE REPORT Well Abadomet Thorbur preseted thirtee well decommissioig cost-share applicatios for approval. Moved by Garrelts, secoded by Olse to approve well decommissioig cost-share applicatios #27-#39. Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds ad Nickel ABSENT: Wiz, Bergstrom, Bilka, Harris ad Larso NSWCP & NRD Applicatios Thorbur preseted oe NSWCP cost-share applicatio Moved by Garrelts, secoded by Reyolds to approve oe NSWCP Cost-share applicatio. Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds ad Nickel ABSENT: Wiz, Bergstrom, Bilka, Harris ad Larso GROUNDWATER MANAGEMENT 2526

3 Groudwater & Certified Acre Trasfers Thorbur preseted five irrigated acre trasfer requests (Ward Eckoff 3, Chadd Jacobso ad Beck Family Partership) ad two special requests 2527

4 Page Three from Chadd Jacobso ad Dale Schutz. Jacobso is requestig a variace to drill a ew well to serve irrigated acres moved to drylad ad Schutz is requestig a supplemetal well i Uio Towship. Moved by Reyolds, secoded by Ludee to approve irrigated acre trasfer requests for Ward Eckoff (3), Chadd Jacobso ad Beck Family Partership ad special requests from Chadd Jacobso for a variace to drill a ew well to serve certified irrigated acres moved to drylad ad Dale Schutz to drill a supplemetal well i Uio Towship. Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds ad Nickel ABSTAIN: Wiz ABSENT: Bergstrom, Bilka, Harris ad Larso Educatioal Lad Leases There were o Educatioal Lad Leases to approve. 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 Draft of NRD Rules Chages: Thorbur reviewed proposed chages made to the Groudwater Maagemet Rules ad Regulatios based o testimoy from the September 11, 2012 GW Maagemet hearig. Thorbur explaied that TBNRD is ot resposible for offsets for federal use, ad the compact commissio will decide who s resposible for state use. Thorbur explaied that Todd Rapstie suggested chagig the rules to allow fall applicatio of itroge to facilitate applicatio of herbicide. Nitroge, as a carrier, allows some herbicides to be applied i cold weather to cotrol weeds that are resistat to covetioal applicatio. Raffety suggested the chages be set to committee for review. Thorbur metioed chages could be set to committee, but the board could approve itroge as a carrier for fall applicatio as a policy util the rules are officially chaged. Moved by Raffety, secoded by Wiz to sed the proposed rules chages to the Plaig Committee for review. Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds, Wiz ad Nickel ABSENT: Bergstrom, Bilka, Harris ad Larso Review Elk Creek Towship Water Level Data: Thorbur explaied that Elk Creek Towship was declared Phase II ad as part of the rule requiremets, groudwater data should be examied i three years to see if levels are below If below levels, the towship moves to Phase III. If ot, the towship ca stay Phase II or be declared Phase I. Thorbur explaied that a three-year rollig average of Sprig 2012 levels were above ad suggested usig sprig levels to determie ay phase chages. Thorbur recommeded that if the levels are above , the towship remai i Phase II ad ot be chaged to Phase I because that would allow acres to be trasferred ito the towship. Cosider Policy to Eable Use of N Fertilizer as Herbicide Carrier i P3 GQMA: Thorbur said the board could take actio o this item ad set it as policy prior to adoptig it as a rule chage. Garrelts questioed applicatio of 60 lbs of N with herbicide ad ot be able to apply 60 lbs of N oly. Olse commeted that Rapstie suggested usig lbs of itroge. 2528

5 Page Four Moved by Garrelts, secoded by Ludee to adopt a policy allowig applicatio of o more tha 60 lbs of actual itroge, i ay formulatio after November 1 st i Phase III areas. Motio carried. AYE: Garrelts, Johso, Ludee, Olse ad Wiz NAY: Nelso, Raffety ad Reyolds ABSTAIN: Nickel ABSENT: Bergstrom, Bilka, Harris ad Larso NARD REPORT NARD Fall Coferece: Thorbur reviewed outcome of resolutio submitted at the NARD Fall Coferece. Two resolutios related to sedimet ad erosio cotrol passed, the resolutio proposig a icrease i chemigatio fees passed, but the resolutio for fudig Riparia Weed Maagemet failed. COMMITTEE REPORTS Thorbur metioed dates for Plaig ad Projects Costructio Committee meetigs eed to be set. The Plaig Committee eeds review proposed rules chages. The Projects ad Costructio Committee should review tree platig, hadplat ad flag prices. STAFF REPORTS & NECESSARY ACTION Board Directives to Staff: There were o staff reports to review. Out-of-State Travel: Moved by Nelso, secoded by Olse to approve out-of-state travel for Brooks to go to NAWMA i Braso, MO o Oct 28, to Nov 2, Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds, Wiz ad Nickel ABSENT: Bergstrom, Bilka, Harris ad Larso Moved by Reyolds, secoded by Raffety to approve out-of-state travel for staff/director to go to a Republica River Compact meetig i Juctio City, KS o Oct 16, Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds, Wiz ad Nickel ABSENT: Bergstrom, Bilka, Harris ad Larso MONTHLY REPORTS Republica Basi (NRRMD): KS vs NE fial brief expected October 15, NRRMDA will meet i Imperial later i November. Platte Basi: Thorbur metioed letter from Bria Duiga, NDNR, statig TBNRD met requiremets for Platte Basi Itegrated Maagemet Pla. South Dry Creek: Nothig to report. Sacrameto Creek: Nothig to report. Middle Lost Creek: Nothig to report. Fort Keary West: Nothig to report. 2529

6 Page Five Fort Keary: : Nothig to report. North Dry Creek: : Phragmites sprayed ad shreddig doe. Whiskey Slough: : Nothig to report. Lake Seldom: Brooks is seekig approval to doate hay from Lake Seldom to rachers i orther Nebraska. CoHyst/Platte Basi Coalitio: Committee meetig will be held to iterview cosultats for coservatio practices study. Weed Maagemet Areas Riparia Vegetatio Task Force: Nothig to report. Sad Creek/Little Blue Basi: Thorbur will speak to Kearey Couty Board about cost of addig road to dam site. CNPPID: Trompke reported CNPPID set allocatio for ext year at te iches. NEW BUSINESS Cosider Whether to Test for Salts i Groudwater i Kearey Couty: Thorbur explaied ladower cocers about high salt cotet i groudwater i Keee area. High salt levels are causig corrosio i pipes ad pivots. Thorbur suggested irrigatio quality testig for mierals to determie which portio of the aquifer is resposible for high salt levels. This would allow well drillers to scree at a differet depth to avoid salt. The cost would be $200-$300. Moved by Raffety, secoded by Ludee to allow staff to do water quality testig for salt i the Keee area ad to use fudig from the First Natioal Bak Savigs accout. Motio carried. AYE: Ludee, Olse, Raffety, Reyolds, Wiz ad Nickel NAY: Garrelts, Johso ad Nelso ABSENT: Bergstrom, Bilka, Harris ad Larso COMMENTS AND CONCERNS Moved by Nelso, secoded by Garrelts to move the time of the November 13, 2012 Board of Directors Meetig from 7:30 p.m. to 1:30 p.m. Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds, Wiz ad Nickel ABSENT: Bergstrom, Bilka, Harris ad Larso PERSONNEL & LEGAL MATTERS Moved by Wiz, secoded by Olse to move to executive sessio for the protectio of the public to discuss cotractual matters at 8:42 p.m. Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds ad Nickel NAY: Wiz ABSENT: Bergstrom, Bilka, Harris ad Larso 2530

7 Page Six Moved by Garrelts, secoded by Raffety to move out of executive sessio for the protectio of the public to discuss cotractual matters at 9:15 p.m. Motio carried. AYE: Garrelts, Johso, Ludee, Nelso, Olse, Raffety, Reyolds, Wiz ad Nickel ABSENT: Bergstrom, Bilka, Harris ad Larso NEXT BOARD MEETING TBNRD Regular Board Meetig will be held o Tuesday, November 13, 2012 at 1:30 p.m., at Tri- Basi NRD. ADJOURNMENT There beig o further busiess, the meetig adjoured at 9:17 p.m. DIRECTORS PRESENT Todd Garrelts, Phyllis Johso, Brad Ludee, David Nelso, David Nickel, Dave Olse, Dave Raffety, Ray Wiz ad Larry Reyolds. OTHERS PRESENT Carie Lych, Joh Thorbur, Nicole Salisbury, Kevi Breece, Tammy Fahrebruch, Jay Beck, Ward Eckloff, Chadd Jacobso, Charles Brooks, Dale Schutz, Marcia Trompke ad Nola Little. Respectfully Submitted: Carie Lych, Asst. Secretary 2531

8 Page Nie INDEX OF BOARD DECISIONS TRI-BASIN NATURAL RESOURCES DISTRICT BOARD OF DIRECTORS MEETING Motio # Category Subject Ay Nay Abs Motio e Meetig Admiistratio 7 1 Moved by Reyolds, secoded by Olse, to approve the miutes for the September 11, 2012 Board of Directors Meetig. Motio Meetig Admiistratio Meetig Admiistratio Meetig Admiistratio carried. 8 Moved by Johso, secoded by Ludee, to approve the miutes for the September 11, 2012 Budget Hearig. Motio carried. 8 Moved by Ludee, secoded by Raffety, to approve the miutes for the September 11, 2012 Groudwater Maagemet Hearig. Motio carried. 8 Moved by Raffety, secoded by Johso, to accept the September 2012 fiacial reports ad file for audit. Motio carried Budget 8 Moved by Reyolds, secoded by Ludee to approve the visa, attorey ad NRRMDA bills. Motio carried Meetig Admiistratio 8 Moved by Garrelts, secoded by Olse to approve well decommissioig cost-share applicatios #27-#39. Motio carried Meetig 8 Moved by Garrelts, secoded by Reyolds to Admiistratio approve oe NSWCP Cost-share applicatio. Motio carried Certificatios & Trasfers Eckhoff, Jacobso ad Schutz 9 Moved by Reyolds, secoded by Ludee to approve irrigated acre trasfer requests for Ward Eckoff (3), Chadd Jacobso ad Beck Family Partership ad special requests from Chadd Jacobso for a variace to drill a ew well to serve certified irrigated acres moved to drylad ad Dale Schutz to drill a supplemetal well i Uio Towship. Motio carried District Plas & Programs Proposed Rules chages 9 Moved by Raffety, secoded by Wiz to sed the proposed rules chages to the Plaig Committee for review. Motio carried Policies By- 60 lbs Moved by Garrelts, secoded by Ludee to Laws Nitroge Applicatio adopt a policy allowig applicatio of o more tha 60 lbs of actual itroge, i ay for formulatio after November 1 st i Phase III herbicide areas. Motio carried Meetig 9 Moved by Nelso, secoded by Olse to 2532

9 Admiistratio Meetig Admiistratio Projects Water Testig for Salt Meetig Admiistratio Meetig Admiistratio Meetig Admiistratio approve out-of-state travel for Brooks to go to NAWMA i Braso, MO o Oct 28, to Nov 2, Motio carried. 9 Moved by Reyolds, secoded by Raffety to approve out-of-state travel for staff/director to go to a Republica River Compact meetig i Juctio City, KS o Oct 16, Motio carried. 9 Moved by Raffety, secoded by Ludee to allow staff to do water quality testig for salt i the Keee area ad to use fudig from the First Natioal Bak Savigs accout. Motio carried. 9 Moved by Nelso, secoded by Garrelts to move the time of the November 13, 2012 Board of Directors Meetig from 7:30 p.m. to 1:30 p.m. Motio carried. 8 1 Moved by Wiz, secoded by Olse to move to executive sessio for the protectio of the public to discuss cotractual matters at 8:42 p.m. Motio carried. 9 Moved by Garrelts, secoded by Raffety to move out of executive sessio for the protectio of the public to discuss cotractual matters at 9:15 p.m. Motio carried. 2533

EXCUSE ABSENCES Winz was excused from the February and March 2013 board meetings at the special board meeting earlier today.

EXCUSE ABSENCES Winz was excused from the February and March 2013 board meetings at the special board meeting earlier today. 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