January 30, 2019 at 5:00 PM - Water Committee Meeting
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1. UNFINISHED BUSINESS
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2. CHAIR AND VICE-CHAIR ELECTION
Rationale:
Dale Saalfeld was selected chairperson and Frank Pollard as Vice-chairperson.
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3. REGULATORY
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3.A. GROUND WATER MANAGEMENT AREA
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3.A.1. Irrigated Acres for 2018 in the HCA and NHCA
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3.A.2. Variance Discussion
Rationale:
Staff went through the process on how a variance is ranked. Does the Committee want to adjust the ranking process? Total Minimum Score or adjustment in each category?
Committee and staff discussed about the different categories that are used in the ranking of a variance. Categories that will be looked at closer are expansion of acres on existing and new wells, along with the irrigation system used. More information will be provided at the next Committee meeting.
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3.A.3. Variance Requests in the Hydrologically Connected Area
Rationale:
Staff worked with James Penne Jr on variance LPN-V-018-0486 and 0487 for Section 2-22N-5W in Boone County. The tract in the NW¼ had 25% Class 6-HEL soils with a ranking score of 420.6. With some adjustments with the pivot, staff is able to get this tract under 20% Class 6-HEL soils by modifying the pivot swing to a partial circle. This tract would be allotted 9.792 Acre Feet toward the 200 Acre Feet allowed per year.
Attached are maps showing the options to the Committee. The Board has 23.166 acre feet that was not utilized from the 2018 Variances when Joe Houska declined his variance. Comments from Mr. Penne: My name is James Penne Jr. and I farm in the Northwest portion of the Lower Platte North NRD. Last year I purchased a property in the Lower Platte North District and it is slightly over the 20% HEL Determination which is very common in the area. The Lower Platte North NRD has an application system which eliminates the full circle from a water variance because of the HEL. Before I purchased the Property it had already had some reshaping done in the HEL areas and would pass currently very easily for the 20% guideline, but we all know that it cannot be re-classified by the NRCS. I would Like to ask the Board of Directors to please consider making an exception to the small pie that would not meet the 20% limit. With this exception I feel the efficiency of irrigation would much greater, and would be able to conserve much more water. There would also be a huge benefit of much less runoff and erosion by not having to windshield wipe the irrigation system. I currently do and always will comply with conservation regulations, and I feel that with no till and more cover from irrigation the HEL areas will be easier to maintain. I also want to add that the score on the application was on the top tier at 421 pts. I apologize for not being able to attend the meeting as I had some family obligations. I truly appreciate your time, and consideration on this matter. Committee discussed the precedence on changing the 20% Class 6-HEL soils policy for approving variances, even though a complete circle could potentially increase the pivot efficiency. With pivots becoming more efficient with smart panels, producers should be able to irrigate without irrigating these types of soils.
Recommended Motion(s):
To approve variance LPN-V-018-0486 for the NW¼ of Section 2-22N-5W in Boone County in which the irrigated field needs to stay under the 20% Class 6-HEL soils policy as shown on the map. Options include pivot stops and reversing the pivot or utilizing a smart box control in which data will need to be furnished annually to LPN office showing that the pivot is not irrigating the part shown on the map. A flow meter is also required with an annual water use report. Passed with a motion by Board Member #1 and a second by Board Member #2.
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3.A.4. Groundwater Policies Review
Rationale:
Over the years motions and policy have been put in place. Staff thought a refresher might be helpful. There is a lot of more motions and policy but these are the ones that have more relevant. If you would like a complete list just ask Tom.
Abandoned (Decommissioned) Well Program First Approved (7/13/92) Cost-Share for removal Of Pump and Other Obstructions Approved (10/10/94) The removal of the pump and other obstructions of a domestic or stock well was added as a part of our cost-share program. Time Limit on Abandoned Well Program Approvals (8/9/93) That after the NRD has received an estimate & the well site has been inspected & approved for plugging, that the landowners have six (6) months to plug the well & submit the bill to the NRD. Certifying Irrigated Grassland/ Pasture (11/8/10) the LPNNRD would certify acres for irrigated grassland or pasture but only allow the transfer of those irrigated acres to another field or parcel with grassland or pasture. Certifying Irrigated Acres and Soil Classification (10/10/16) to approve and follow the current LPNNRD policy that the number of new irrigated acres under an irrigation system is not to exceed the number of acres of Land Class I, II, III, IV and V plus 20% of class VI, VII and VIII soils due to slope as categorized by the Natural Resources Conservation Service. Chemigation Fees Changes (8/14/17) to change Chemigation fees to $300 for emergency permits, $90 for new permits and keep renewal permits at $30, the next time our Groundwater Rules and Regulations are modified. ET Gauges and Water Mark Sensors Cost Share (NAWMDN) (4/9/12) that in order to receive cost-share funding from the LPNNRD for the NAWMN program that individual producers must receive training directly from UNL Extension, to limit cost-share funding of the NAWMN program to individual producers only and adopt the following as part of the cost-share policy for the NAWMNM program: Flow Meter Approved List and Requirements (2/9/15) to approve the updated list of flow meters and meter requirements for proper installation of flow meters within the Lower Platte North NRD. Flow Meters Added to Approved List (2/8/16) (11/12/18) to approve the following magnetic flow meters as part of the LPNNRD Approved Flow Meters list: Lindsay Magmeter IM3000, McCrometer McMag 3000, and the Senninger Magmeter 2551. to add the magnetic flow meter Seametrics AG2000 to the approved LPNNRD Flow Meter List. (2/8/16) to add the Sparling Blue Water Electromagnetic to meter to the LPNNRD approved meter list and to only allow any electromagnetic meter installation in locations where groundwater will not discolor the meter’s reading eye. (11/12/18) Flow Meter Cost-Share Program - GW Enery Level Network (12/12/16) to approve an increase in flow meter cost share funding rate for wells within the LPNNRD Ground Water Energy Level Network and the Special Quantity Subarea; for 8 inch Meters to $1,000 with $770 from the Water Sustainability Fund and $230 from LPNNRD and for 6 inch meters to $749 with $577 from the Water Sustainability Fund and $172 from LPNNRD. Flow Meter Cost Share for Ground Water Energy Level Cooperators (6/8/09) to approve the updated cost share procedures for placing flow meters on irrigation wells owned by our GWEL cooperators. Flow Meters Required on Livestock Wells (11/13/17) all high capacity livestock wells in SQS areas need to have water flow meters installed by January 31, 2018 or Cease and Desist order will be issued. Flow Meters Required on High Capacity Wells (12/10/12) to require all high capacity wells that expand their water use to properly install a LPNNRD approved flow meter and report to LPNNRD the total amount of water pumped by that well during the calendar year by January 31st of the following year. Municipal, Industrial and Irrigation Well Analysis Cost Reimbursement (10/14/98 & 12/14/01) On 10/14/98 the Board approved reimbursing the cost of laboratory analysis for a nitrate-nitrogen test for each municipal and industrial wells up to $18.10 per well when the nitrate results are provided. On 12/14/01, the Board voted to continue with this assistance and also included nitrate testing cost reimbursement for irrigation wells. Fertilizer Reporting: Fertilizer Application Reports - Exceptions (7/11/05) to exclude farm fields nineteen acres or less in size from the requirement to turn in an annual fertilizer application report. Fertilizer Application Reports Submission - Policy Statement (6/11/07) to approve the following policy statement; Certified letters will be sent to all landowners and/or tenants for whom Fertilizer Reports have not been received by February 1 notifying them that the District requests that they immediately forward their Fertilizer Report. Further if the report is not received by the District, the landowner and/or tenant be required to attend the March Water Committee Meeting (approximately 12 days prior to the March Board Meeting) to state why their Fertilizer Report has not been submitted to the District. At the March Board meeting Cease and Desist Orders will be placed on all landowners and tenants who have not submitted acceptable previous years Fertilizer Reports. Groundwater Coalition Support (3/9/09) that the LPNNRD Board votes to support the Groundwater Coalition intervening in the Central Public Power and Irrigation District vs North Platte NRD Administrative Action Proceeding. SQS - Water Allocation for 2015 (9/8/14) to set the water allocation in the Butler/Saunders Special Quantity Subareas for 2015 at 27 acre inches over a three year period. SQS Expansion of Acre Rules (5/14/18) to allow the expansion of Acre Rules to take effect in the SQS Management Areas on June 15, 2018. GWMA Irrigated Acre Development Area Variance Fee & Expanded Water Use in the Uplands of Saunders & Butler Counties (6/11/07) to require a fee of $75 for a variance request. Motion carried on consent agenda. Johannes made the motion, seconded by Alm, to approve proposed changes to the District’s Action Plan as outlined on documents attached to the Water Committee Minutes titled "Changes to the Action Plan of the LPNNRD Ground Water Management Plan" with the exception that three consecutive spring readings at or below the trigger level will still be needed to declare a Level 2, Level 2A, Level 3 or Level 3A management area. . Variance Acre Adjustment Limit (4/14/14) to limit the adjustment on the number of acres of an approved variance or well permit to less than 5.0 acres per system without the need to file for an additional variance or well permit, and therefore it was recommended that the additional 3.7 acres for Williams Ag Corp. be approved. Variance Ranking Criteria Lastest Information Approved (2/8/16) to approve use of the latest information complied in the fall 2015 by Olsson Associates for use in the future ranking criteria of variance requests. Variances Required (4/14/08) to approve the subarea boundary lines for the Stay management areas shown in red on the map LPNNRD (Moratorium on New Wells and Expansion of Irrigated Acres) becomes effective May 9th 2008", which is based on the best science currently available from Olsson’s Subarea Delineation Study. Variances would be required for new wells or expansion of irrigated acres on land within these subareas and to set a spacing requirement of 1,000 feet extending outside these boundaries of the stay management subarea to account for the cone of influence of a new or existing well, and which would determine which sections outside of these subareas will also require a variance. Variances outside the boundary lines of these subareas will be evaluated on irrigated acres, location of new or existing well and a 1,000 ft. cone of influence around this well. If all three criteria are outside of the stay management sub-area, then the Board shall declare that a variance is not needed. As new scientific information becomes available, these boundary lines may be adjusted. Variance Requests Unapproved - Carried Over to Subsequent Years (3/14/16) that unapproved Variance Requests for new irrigated acres in any given year will automatically by carried over to subsequent years provided the applicant wishes the variance request to be carried over, the information on the original variance request is still current or the Board of Directors has not rescinded this motion. Variance Requests in the Special Quantity Subareas (3/10/14) to continue to accept applications as variance requests in the Special Quantity Subareas but not accept the $75 fee. These variance requests will be placed on file and listed as incomplete until the fee, other variance requirements are met and review by staff is complete. Variance Requests in Limited Development Areas by 15th of Month (4/11/11) that variance requests need to be received by the 15th of the month preceding the Water Committee meeting in order to be considered by the Committee and that variance requests received after that deadline will be given a priority date when those requests have been correctly filled out to be considered at a subsequent Water Committee meeting depending on remaining available acres for the year 2011. Variance Requests (3 arces or less) in Limited Development Areas (4/11/11) that for expansion of irrigated acres of less than or equal to 3.0 acres in size with water provided from an existing well in the Limited Development area that the conditional requirements to obtain a variance cited in Section L and Section M, Rule 6 of the July 2009 LPNNRD Ground Water Management Rules and Regulations do apply, with the exception that a flow meter does not need to be installed and annual reporting of flow measurement to the LPNNRD is not required, provided that the existing well currently is not required to have a flow meter and not required to submit annual flow measurements to the LPNNRD. Irrigated Acre Normal Development Area Policy (NDA) (4/8/13) to approve the policy "Expansion of Irrigation in the Normal Development Area for 2013". Motion carried. Irrigated Acre Restricted Development Area Policy (RDA) (4/8/13) to approve the policy "Irrigation Development in the RDA". Motion carried. Well Permit Requirements for Normal Development Areas (11/12/12) that landowners need to submit test hole information from the proposed new well site, but no longer require the well log information in a 2 mile radius for class 2 well permits in the Normal Development Area. Fertilizer Application Reports Submission - Policy Statement (6/11/07) to approve the following policy statement; Certified letters will be sent to all landowners and/or tenants for whom Fertilizer Reports have not been received by February 1 notifying them that the District requests that they immediately forward their Fertilizer Report. Further if the report is not received by the District, the landowner and/or tenant be required to attend the March Water Committee Meeting (approximately 12 days prior to the March Board Meeting) to state why their Fertilizer Report has not been submitted to the District. At the March Board meeting Cease and Desist Orders will be placed on all landowners and tenants who have not submitted acceptable previous years Fertilizer Reports. Phase 2 Fertilizer Reports (11/9/09) to change Board Policy on Phase 2 Area Fertilizer Reports@ as follows:
LPNNRD approved using only the Sandy Soil designation in the GWMA (not water table depth). Ground Water Quality Monitoring Program Developed (6/7/84) The Board voted to develop a ground water quality monitoring and sampling program which was accomplished and implemented ever since. Ground Water Well Level Monitoring in LPNNRD Approved (3/11/85) The Board approved the development of our ground water level monitoring system which was accomplished and implemented ever since. IMP - Hydrologically Connected Areas Only (1/13/14) that the Voluntary Integrated Water Management Plan should apply to just the hydrologically, connected areas of the District. INTEGRATED WATER MANAGEMENT PLAN APPROVAL/ HEARING (5/14/18) to approve the groundwater controls in the IMP for adoption and implementation, with no modifications. Approve the IMP for implementation, with the following minor editorial modifications: 1. Update the headings in Table 2 (Surface Water Permits in the Lower Platte North NRD), to be more clear, 2. Update the glossary of terms to include the terms "acre-feet", "cubic feet per second", "basin" and "subbasin", 3. Update the dates on page 1 (authority and effective date) and page 6 (basin plan adoption date). Lower Platte River Basin Water Management Plan Coalition (LPRBC) (12/11/17) to approve the Lower Platte Basin Water Management Plan Coalition Interlocal Agreement and the Lower Platte River Basin Water Management Plan. Nitrogen Certification Take Home Test - Passing Grade Requirement of 70% (3/12/01) It was approved to require a grade of 70% or better, in order to pass the take home test for the LPNNRD Nitrogen Certification. Nitrogen Certification Classes Required To Receive District Cost Share (8/13/01) The Board approved that either the Landowner or Tenant has to be certified in order for the landowner to receive District cost share funds. Nitrogen Certification Deadline (11/13/00) The Board approved the date of April 1st, 2001 as the deadline for operators to obtain Nitrogen Certification from the District and after April 1, 2001, a test-out procedure to obtain Nitrogen Certification will be offered for a $10 fee to the end of the calendar year. Water Meter Maintenance Program Approved (3/9/15) to approve the establishment of a Lower Platte North NRD meter repair and maintenance program with the following conditions: 1. LPNNRD personnel will do inspections on all 5 approved flow meters to make sure they are running properly, but LPNNRD personnel will conduct detailed repairs and maintenance on only McCrometer flow meters; 2. LPNNRD personnel will provide the labor for the maintenance program and the well owner will pay 100% for the cost of parts, equipment repair or replacement; 3. Water meters needing repair or maintenance are not eligible for the LPNNRD meter maintenance program if the flow meter is still under warranty. Water Use Reporting Policy (11/9/09) to change Board Policy on Water Use Reports as follows:
to approve the policy attached to the Water Committee Minutes titled "Requirements for Supplemental Irrigation Wells". Well Permits - Gallons or Acre Inch Reporting Requirement (10/10/05) to place a condition on well permits issued after October 1, 2005 for all NEW water uses, such as placing new land under irrigation, to report total gallons or total acre inches of water pumped from that well in a given calendar year by January 31st of the following year. Well Permits for Irrigation Wells / Municipal Well Permits in Wann Basin Require Review by Entire Board (5/10/04) to process irrigation well Permit to Drill applications within the District in the normal administrative manner the District currently uses for all permit requests and that all municipal well permit requests in the Wann Basin be brought before the LPNNRD board for approval. Well Permits for Livestock Operations (1/8/18) to require a Class 3 well permit for livestock operations that are requesting multiple high capacity wells to supply water to a livestock operation. Well Permits for "Ponds" Policy Approved (4/14/14) to approve the Policy for Well Permits for "Other" Wells such as ponds that includes a "Grandfather Clause" as presented at Board Meeting.
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3.A.5. Well Permit Program
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3.A.5.a. Well Permits Approved
Rationale:
Wells Permits Approved: 4
The total number of approved permits for 2019 is 4
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3.A.6. Water Transfer and Banking Policies
Rationale:
A transfer policy was reviewed by the Committee in 2015. Is this something the Committee/Board want to finish?
Staff has received calls from people that is looking at leasing their irrigated land for other purposes, but wish to keep their certified irrigated acres. The current rule states that to keep irrigated acres a producer needs to irrigate 2 out of the last 10 years. The LPN don't currently have a banking policy, is this something to consider? Chuck Hasselbrook will be presenting at the February 27 Water Committee on a project utilizing irrigating acres for solar panel farms. Producers are asking him would the NRD be willing to preserve the irrigated acres after the lease is completed. Other discussion at the Committee meeting asked about livestock operations that could be utilizing current irrigated acres.
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3.A.7. Irrigated Acres Transfer
Rationale:
Paul Kettelson contacted the District requesting a transfer of 22 irrigated acres located in the NE 1/4 of S7-T21N-R5W, Boone County to the NE 1/4 of S12-T21N-R6W, Boone County, Lower Loup NRD. Kettelson has spoken with Lower Loup NRD and they are willing to accept the acres should LPNNRD grant the transfer. LPNNRD will get credit for 2.68 AF of depletion.
Attached is a map showing the acres Kettelson would like to transfer.
Recommended Motion(s):
To approve the transfer of 22 acres in the NE 1/4 of S7-T21N-R5W to the NE 1/4 of S12-T21N-R6W, Boone County, for Paul Kettelson from Lower Platte North to Lower Loup NRD. Passed with a motion by Board Member #1 and a second by Board Member #2.
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3.A.8. Lower Platte River Basin Water Management Plan Coalition (LPRBC)
Rationale:
Board Representative for this Coalition is Bob Hilger and Jim McDermott. A motion is needed to continue with Bob and select someone to replace Jim.
Recommended Motion(s):
To approve Bob Hilger and Larry Feala to the Coalition. Passed with a motion by Board Member #1 and a second by Board Member #2.
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3.A.9. Cost Share Programs
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3.A.9.a. Flow Meter Maintenance Program
Rationale:
Meter Reports
265 meters in SQS #2 23 meters in SQS #1 499 meters reports from outside SQS areas with another 28 producers reporting in hours Meter Locations:
Meter Maintenance Spring 2019 76 meter are scheduled for the SQS Areas. Staff would start a 4 year cycle with 77 from Platte County and 54 from Colfax County added for 2019. This would then be 207 total meters which would be $11,385. Total Meter Maintenance budget is $10,000, which staff will trim Platte and Colfax County down to 100 meter, as other meters within the District will need some maintenance per water use report. Staff will consider geographic location to cut down on drive time. Maintenance will include greasing the bearing and check out if other maintenance is needed. Producers would be responsible for any extra cost for parts. Staff will send out letters notifying producers and giving them the option to opt out of this service. Information on Meters within the District: Since 1/1/2009 - 448 Variances has been approved with 212 for new wells and 254 for acre expansions. 500 irrigation wells have been drilled in that same time period. All high capacity wells required water flow meters after 5/8/2008. A motion was made on 12/10/2012 that all acre expansions required meters. There has been 136 variances for acre expansions since that time.
Recommended Motion(s):
To increase the number of meters for meter maintenance in the Spring of 2019 to other areas within the District with staff keeping the total cost within the NRD budget of $10,000. Passed with a motion by Board Member #1 and a second by Board Member #2.
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3.A.10. Richland - Schuyler Phase 3 Area
Rationale:
Grant has been preliminary approved through NET.
Due to the precipitation during the 2018 growing season some irrigation wells weren’t used which resulted in fewer producer irrigation water samples in this area. Fertilizer application reports have not yet been received from Mike Settles [Barta Family LLP].
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3.A.11. Richland - Schuyler Phase 2 Area
Rationale:
2019 is the fourth year of this Phase 2 Area.
Due to the precipitation during the 2018 growing season some irrigation wells weren’t used which resulted in fewer producer irrigation water samples in this area. Fertilizer application reports have not yet been received from Brian Goff. |
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3.A.12. Bellwood Phase 2 Area
Rationale:
2018 is the seventeenth year for this Phase 2 Area.
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3.A.13. LPNNRD Operator Certification
Rationale:
Four online tests have now been completed in January (see following table).
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3.A.13.a. 2019 LPNNRD Certification Classes for Nitrogen and Water Management
Rationale:
_________________________________________________________________________________________________________ Outside Speakers with expertise will also present. This class will meet the Nitrogen & Water Management certification requirement. |
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4. GROUND WATER PROGRAMS
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4.A. DECOMMISSIONED WELL PROGRAM
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4.A.1. Well Estimates
Rationale:
# new wells has been reviewed and approved for decommissioning since the last Committee meeting.
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4.A.2. Plugged Wells
Rationale:
# wells have been plugged, reviewed, and ready for cost share payment approval this month.
Recommended Motion(s):
To approve payment to Beebe Production Enterprises LLC for $327.23 and Beebe Seed Farms for $376.88 Passed with a motion by Board Member #1 and a second by Board Member #2.
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4.B. LOWER PLATTE NORTH NRD GROUND WATER STUDIES
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4.B.1. Eastern Nebraska Water Resources Assessment (ENWRA)
Rationale:
A meeting was held January 29 in Lincoln, which Katie Cameron and Jesse Korus gave the group updates. Katie showed when the AEM reports will be completed for each NRD that participated in the 2018 flights. The LPN report will be completed July 2019, in which the NRD will be invoiced $150,000 for the last payment. The NRD will be reimbursed $90,000 from the WSF grant submitted by ENWRA. Katie and AGF are working on simplifying the information for public viewing on the ENWRA website. Katie also discussed future goals of ENWRA, which more discussion will occur at the meeting on June 17,
Jesse talked about couple of GeoScene workshops planned for this year utilizing the AEM data. The Geocloud is being finished up with hope of being completing in 2019. The LPN has one more payments for the GeoClould in 2020 and then the concern is how it will be funded and maintained. |
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4.B.2. Lower Platte River Consortium
Rationale:
The meeting was canceled because of weather, but Board, staff and public can still make final comments before submittal to Bureau of Reclamation on February 4.
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4.C. Dakota Monitoring Wells
Rationale:
An invoice from UNL for the 3 Dakota Monitoring Wells. This is an agreed UNL(CSD) contract.
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5. OTHER
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5.A. COMMENTS FROM THE PUBLIC
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