March 27, 2019 at 5:00 PM - Water Committee Meeting
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1. UNFINISHED BUSINESS
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2. REGULATORY
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2.A. GROUND WATER MANAGEMENT AREA
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2.A.1. Certification of Acres Policy
Rationale:
Jovan wrote up a motion that would clarify the 2 out of 10 irrigation rule and what is certified irrigated acres.
______________ made the motion, seconded by _________________, to clarify that once an irrigated acre has been certified as either a "historically irrigated acre" or has been issued a variance by the District those acres are no longer subject to the "two of the last ten years" rule as described within the District’s groundwater rules and regulations. As a result, certified irrigated acres will not be retired by virtue of the fact they have not been put to beneficial use by the landowner for an extended period of time. Once the certified irrigated acres are put back into beneficial use by the landowner they shall be subject to the then existing rules and regulations of the District. The District retains the right to amend its groundwater rules and regulations should it later determine it as necessary or appropriate (ergo landowners should govern themselves accordingly as the District is not precluded from later adopting a rule for retirement of certified irrigated acres). More discussion: The plan, if the policy goes into effect, for staff to not allot this water to other acres or uses. At the present time the NRD still has a water allotment under the current 5 year V-IMP plan. To retain certified irrigation acres the land still needs to pay irrigated taxes. A limit on the number of acres that are not being used for cropland? Background information: The Committee heard from the industry representatives and individuals that were interested in pursuing solar installation sites, along with an individual that wanted to expand his cattle operation onto irrigated acres. They would like the option to retain irrigation rights, if the land is not irrigated 2 out of 10 years. Some of the solar installation sites can be as large as 800 - 1000 acres and need to be in close proximity to transmission lines. The solar installation sites pays property tax along with a nameplate tax for renewal energy. Other comments were an opportunity for a young family to come back to the farm if cropland is limited. The Committee discussed banking and transfer rules along with selling the irrigated right. One company has individuals that will be needing to sign agreements in April. If Board is interested in a policy change, this could be done in a couple of months. A rule change for banking or transferring would required more time.
Recommended Motion(s):
to clarify that once an irrigated acre has been certified as either a "historically irrigated acre" or has been issued a variance by the District those acres are no longer subject to the "two of the last ten years" rule as described within the District's groundwater rules and regulations. As a result, certified irrigated acres will not be retired by virtue of the fact they have not been put to beneficial use by the landowner for an extended period of time or length of contract. Once the certified irrigated acres are put back into beneficial use by the landowner they shall be subject to the then existing rules and regulations of the District. The District retains the right to amend its groundwater rules and regulations should it later determine it as necessary or appropriate (ergo landowners should govern themselves accordingly as the District is not precluded from later adopting a rule for retirement of certified irrigated acres). Passed with a motion by Board Member #1 and a second by Board Member #2.
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2.A.2. Well Permit Program
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2.A.2.a. Well Permits Approved
Rationale:
Wells Permits Approved: #
The total number of approved permits for 2019 is #
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2.A.3. Special Quantity Subareas
Rationale:
A few livestock producers in the SQS areas had higher water use reports than other irrigated fields. The pivots are hooked up to lagoon water with the meters attached at the pivot point. If they can verify that it was lagoon water by a electric bill would that be acceptable to adjust the water use for that individual well? They met the water flow meter requirement as one is installed.
The Committee felt that the producer has the responsibility of installing the meter correctly or accept the water use that is shown by the meter. Tracking of each sites that is exempt could become complicated. |
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2.A.4. Lower Platte River Basin Water Management Plan Coalition (LPRBC)
Rationale:
The March 19th meeting was postponed. At this time no makeup meeting has been scheduled and might be postponed until later in the summer along with the annual meeting.
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2.A.5. Voluntary Integrated Water Management Plan - LPNNRD
Rationale:
The V-IMP report for 2018 is attached. This report is required on an annual basis by March 1.
Attachments:
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2.A.6. Water Flow Meters
Rationale:
How do we proceed or does the NRD want to proceed in developing a procedure in installing flow meters District wide?
Questions to answer: Would there be cost-share? Does the NRD tries for a grant first before proceeding? If approved would there be a procedure in place? Staff still needs to get a better handle on meters currently installed. Committee brought up the issue with fire departments that is only using high capacity wells in an emergency. Shown is a couple of options that could be implemented. Option 1 for Flow Meter Installation (Irrigation): Year 1 - Colfax/Platte - 1661 meters Year 2 - Butler/Western Saunders - 1500 meters Year 3 - Eastern Saunders - 1554 meters Year 4 - Dodge - 1238 meters Year 4 - Boone/Madison - 234 Option 2 for Flow Meter Installation (Irrigation): Year 1 - Stream Depletion Factor (SDF > 85%) - 1161 meters Year 2 - SDF 80-90% - 1673 Year 3 - SDF 70-80% - 1011 Year 4 - SDF 60-70% - 959 Year 5 - SDF 0-60% - 848 If the NRD offers 50% cost-share on 1000 meters, potentially it could be $750,000 for 5 years. Another option is to offer cost-share for 3 years but keep it voluntary. Committee asked staff to looked into grants that could assist in the cost-share of water flow meters. If grant assistance could not be attained the Committee would at the time discuss options. |
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2.A.6.a. Flow Meters and Remote Equipment Grant Opportunitities
Rationale:
Attached is some information with a budget on a couple of grant opportunities for remote monitoring equipment. Both of these grants are federal grants from the Bureau of Reclamation. The Drought Resiliency grant deadline is due March 27, but something to consider in 2020. The Small Scale Efficiency Grant is due April 24.
The Small Scale Grant would be used to receive information remotely from the SQS areas. The information that could be received is water levels, rainfall, meter readings and ET (evaporation-transpiration) rates. This could be beneficial information during irrigation season for the NRD and producers. The Drought Grant was looking at putting remote equipment in NRD dedicated monitoring wells throughout the District. Both of the grants are a 50 - 50 share with the partners. Possibility exist on receiving a state grant to match the federal grant.
Recommended Motion(s):
For staff to submit a Small Scale Grant for the purpose of receiving remote information from the SQS areas that is due April 24, 2019. Passed with a motion by Board Member #1 and a second by Board Member #2.
Attachments:
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2.A.7. Cost Share Programs
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2.A.7.a. Well Sample Kits
Rationale:
The flood has contaminated domestic wells in many counties within the District. At this time the LPN still has around $4,700 dollars in the Water Quality Budget. Midwest Labs is giving a 50% discount on sampling analysis (attached information sheet). Would it be OK to have the LPN offer to pick up the other 50%? The cost for the NRD would $17.50 per sample. If the NRD was going to do this, promotion should go out soon.
Recommended Motion(s):
To allow staff to promote water sampling kits immediately and to pay the additional cost of $17.50 for domestic wells within the District that was compromise during the flood. Passed with a motion by Board Member #1 and a second by Board Member #2.
Attachments:
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2.A.7.b. Flow Meter Maintenance Program
Discussion:
Mark from Tri-city has been contacted and an updated list of the flow meters that he needs to visit in SQS #1 and SQS #2 has been sent to him. There are 74 flow meters that are scheduled to be maintained in 2019. In SQS #1 there is one and in SQS #2 there are 73 . This is the third year in the four year cycle.
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2.A.8. Richland - Schuyler Phase 2 Area
Rationale:
2019 is the third year of this Phase 2 Area.
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2.A.9. Richland - Schuyler Phase 3 Area
Rationale:
2018 is the third year of this Phase 3 Area. Fertilizer application reports have not yet been received from Mike Settles [Barta Family LLP] for tracts south of Richland. Efforts to contact him by telephone have been unsuccessful. A January 25th reminder letter has gone unanswered. Settles may not be the tenant for these tracts in 2019.
Option to consider is to send a certified letter to tenant and owner giving them a deadline with Committee to consider a Cease and Desist Order at the April Committee Meeting. Committee authorized staff to send certified letters to the owner and operator with potential action starting at the Water Committee on May 1.
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2.A.10. LPNNRD Operator Certification
Rationale:
Nine online tests have been completed since previous meeting (see following table).
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2.A.10.a. 2019 LPNNRD Certification Classes for Nitrogen and Water Management
Rationale:
## Most at this class were first-time certifiers with LPNNRD but are from LPSNRD.
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2.A.11. Variance Scoring Sheet
Rationale:
Attached is the scoring sheet used for variances. Something to consider is changing the minimum score that must be meet to 300 and all permits not approved will expired after 3 years after application is submitted.
Committee thought changes to the variances ranking was acceptable with staff to finalize a draft for the next Water Committee.
Attachments:
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2.A.12. Phase Areas
Rationale:
Staff still plans on collecting water samples, measure extra static water levels, vadose sampling and develop GIS layers with assistance from a NET Grant. This information will be analyze for the purpose of looking at contamination and water movement through the vadose zone and at the saturated water zones. The plan is to develop a plan on where best management practices will be most beneficial. The hope is that some producers will develop some demonstration sites for educational purposes.
Does the Committee/Board has any ideas or direction for staff to proceed 3-5 years down the road? |
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2.B. CHEMIGATION
Rationale:
For 2019 we have 93 renewals for a current total of 93. Attached is a complete breakdown for the current chemigation season.
Attachments:
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2.C. LIVESTOCK WASTE PERMITS
Rationale:
The LPNNRD has received # 3 livestock permit applications from DEQ since the last Water Committee meeting.
Description of permit application
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3. GROUND WATER PROGRAMS
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3.A. DECOMMISSIONED WELL PROGRAM
Discussion:
Last month we sent expiration letters to well owners that had previously applied for our cost-share well decommissioning program. The years that these people applied were between 2009-2014. Since then we have had people not follow through with the correct paperwork or they haven't had the well decommissioning completed yet. If they haven't had the decommissioning done they need to submit a new estimate for the well decommissioning before going forward. A few applicants are deceased and a few others had the work done but haven't turned in the correct paperwork to be reimbursed. A paid copy of their bill to the well contractor is a requirement in order for the person(s) to be reimbursed. We have had a few responses from applicants telling us that they were not reimbursed mainly due to the fact of paperwork not being turned in; so have been working on finding a copy of their paid bill to the well contractor. A U.S. Citizenship form and W-9 is also required to be submitted for reimbursement. Since the letter has been sent Curtis Havelka and Gary Wirka are the only recipients that claimed they were not reimbursed. Curtis has got the correct paperwork turned in and Gary is working on getting the correct paperwork to us.
Last month a status report of our obligated balance was sent to DNR. The obligated fund total was $13,336.08. This amount includes the estimates that have been approved from 2015-Present time. Any estimate before 2015 was not included on the obligated funding total. The total amount that has been reimbursed currently during the 2018 fiscal year (excluding Curtis Havelka and Gary Wirka) is $3,392.51. Including those two the total would be $4,644.64. |
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3.A.1. Well Estimates
Rationale:
# new wells has been reviewed and approved for decommissioning since the last Committee meeting.
Discussion:
Last month we sent expiration letters to well owners that had previously applied for our cost-share well decommissioning program. The years that these people applied were between 2009-2014. Since then we have had people not follow through with the correct paperwork or they haven't had the well decommissioning completed yet. If they haven't had the decommissioning done they need to submit a new estimate for the well decommissioning before going forward. A few applicants are deceased and a few others had the work done but haven't turned in the correct paperwork to be reimbursed. A paid copy of their bill to the well contractor is a requirement in order for the person(s) to be reimbursed. We have had a few responses from people telling us that they were not reimbursed so they have been working on finding a copy of their paid bill to the well contractor. A U.S. Citizenship form and W-9 is also required to be submitted for reimbursement. Since the letter has been sent Curtis Havelka and Gary Wirka are the only recipients that claimed they were not reimbursed. Curtis has got the correct paperwork turned in and Gary is working on getting the correct paperwork to us.
Last month a status report of our obligated balance was sent to DNR. The obligated fund total was $13,336.08. This amount includes the estimates that have been approved from 2015-Present time. Any estimate before 2015 was not included on the obligated funding total. The total amount that we have cost-shared on currently for the 2018 fiscal year (excluding Curtis Havelka and Gary Wirka) is $3,392.51. |
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3.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 for well decommissioning to Custis Havelka for $375.00 and Gary Wirka for $877.13 Passed with a motion by Board Member #1 and a second by Board Member #2.
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3.B. LOWER PLATTE NORTH NRD GROUND WATER STUDIES
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3.C. GROUND WATER ENERGY LEVELS
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4. OTHER
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4.A. GMDA Summer Conference
Rationale:
The conference is June 5 - 7 in Salt Lake City.
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4.B. COMMENTS FROM THE PUBLIC
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