The following Directors were present:
William E. Knoerzer, President; Robert B. Dahlgren*; Dudley L. Nelson; Robert L. Petersen, Vice President; Robert A. Garrett; K. Scott Olson; Roger D. Olson, Treasurer; Neal R. Hoff; David L. Rowe; Doyle D. Lavene, Secretary; Robert L. Johnson; Gordon N. Soneson; Geoffrey K. Bogle; Wendell E. Johnson

* Arrived late

The following Director was absent:
Martin E. Mueller

Also present were the following:
Don D. Kraus, General Manager; Tim W. Anderson, Public Relations Mgr.; Kevin M. Boyd, Gothenburg Division Mgr.; David R. Ford, Irrigation Division Mgr.; Jeff J. Buettner, Info. & Comm. Officer; Van D. Fastenau, Customer Service Supervisor; Eric R. Hixson, Engineering Services Mgr.; Mike A. Drain, Natural Resources Mgr.; Frank C. Vetter, Real Estate Administrator; Marcia L. Trompke, Conservation Director; Rochelle A. Jurgens, Assistant Controller; Michael C. Klein, Legal Counsel; Cory A. Steinke, Civil Engineer; Robert J. McCormick, Legal Counsel; Gary L. Bergsten, Controller; Judy M. Hunt, Assistant Secretary

Others present:
John Thorburn, Tri-Basin NRD

* * * * * * * *

The President announced that information for the public concerning the Open Meetings Act is posted in the Board room.

At 9:00 AM, the Board President, William E. Knoerzer, announced that the meeting was open for business and proceeded with roll call.

The minutes of the Regular Business Meeting of the Board held March 3, 2008 were presented. It was moved by Director R. Olson, seconded by Director Petersen, that the Board approve the minutes of the March 3, 2008 Regular Business Meeting of the Board. Upon voting on the motion, the following Directors voted therefore: Bogle, Garrett, Hoff, R. Johnson, W. Johnson, Knoerzer, Lavene, Nelson, R. Olson, S. Olson, Petersen, Rowe, and Soneson. None voted no and the motion was declared carried.

The minutes of the Special Business Meeting of the Board held March 17, 2008 were presented. It was moved by Director R. Johnson, seconded by Director S. Olson, that the Board approve the minutes of the March 17, 2008 Special Business Meeting of the Board. Upon voting on the motion, the following Directors voted therefore: Garrett, Hoff, R. Johnson, W. Johnson, Knoerzer, Lavene, Nelson, R. Olson, S. Olson, Petersen, Rowe, Soneson, and Bogle. None voted no and the motion was declared carried.

The minutes of the Special Committee Meeting of the Board held March 17, 2008 were presented. It was moved by Director W. Johnson, seconded by Director Soneson, that the Board approve the minutes of the March 17, 2008 Special Committee Meeting of the Board. Upon voting on the motion, the following Directors voted therefore: Hoff, R. Johnson, W. Johnson, Knoerzer, Lavene, Nelson, R. Olson, S. Olson, Petersen, Rowe, Soneson, Bogle, and Garrett. None voted no and the motion was declared carried.

The minutes of the Special Business Meeting of the Board held March 28, 2008 were presented. It was moved by Director Petersen, seconded by Director Nelson, that the Board approve the minutes of the March 28, 2008 Special Business Meeting of the Board. Upon voting on the motion, the following Directors voted therefore: R. Johnson, W. Johnson, Knoerzer, Lavene, Nelson, R. Olson, S. Olson, Petersen, Rowe, Soneson, Bogle, Garrett, and Hoff. None voted no and the motion was declared carried.

The minutes of the Committee Meeting of the Board held March 28, 2008 were presented. It was moved by Director Garrett, seconded by Director Soneson, that the Board approve the minutes of the March 28, 2008 Committee Meeting of the Board and approve the vouchers for payment. Upon voting on the motion, the following Directors voted therefore: W. Johnson, Knoerzer, Lavene, Nelson, R. Olson, S. Olson, Petersen, Rowe, Soneson, Bogle, Garrett, Hoff, and R. Johnson. None voted no and the motion was declared carried.

PUBLIC INPUT: John Thorburn, Tri-Basin NRD, reported on the grant submitted by Tri-Basin and the Central District to the Nebraska Department of Natural Resources for groundwater modeling. Rainwater Basin Conservation Day will be held Wednesday at the Sacramento/Wilcox Wildlife Area and the Water Jamboree will be held at the Harlan County Lake at the 4-H camp.

Director Dahlgren arrived at the meeting.

WATER SERVICE TRANSFERS: There were four Water Service Transfers presented for approval. The transfers totaled 269.0 acres.

It was moved by Director Nelson, seconded by Director S. Olson, that the Board approve the Water Service Transfers as presented. Upon voting on the motion, the following Directors voted therefore: Knoerzer, Lavene, Nelson, R. Olson, S. Olson, Petersen, Rowe, Soneson, Dahlgren, Garrett, Hoff, R. Johnson, and W. Johnson voted yes. Director Bogle voted no. The motion was declared carried.

REAL ESTATE TRANSACTIONS: The following real estate transactions were presented for approval:

It was moved by Director Petersen, seconded by Director R. Olson, that the Board approve the right of way transactions as presented. Upon voting on the motion, the following Directors voted therefore: Lavene, Nelson, R. Olson, S. Olson, Petersen, Rowe, Soneson, Bogle, Dahlgren, Garrett, R. Hoff, Johnson, W. Johnson, and Knoerzer. None voted no and the motion was declared carried.

2008 WATER RIGHT TRANSFER: There are six water right transfer requests equaling 237 acres for the 2008 irrigation season in the Phelps, E-67 and E-65 areas. The water rights from cancelled acres used to cover these requests are for the following parcels:

Phelps Canal
K&TW Partnership – 136 acres – SW¼ 4-7-18
Richard B. Waller – 79 acres – NE¼ 19-7-18
Keith W. Carlson – 3 acres – SW¼ 4-6-16
Keith W. Carlson – 6 acres – NE¼ 4-6-16
E-67
Terry A. & Betty J. Rowe – 7 acres – SE¼ 11-8-22
E-65
Eileen E. Fouts Trustee – 6 acres – SE¼ 12-7-20

It was moved by Director Lavene, seconded by Director R. Olson, that the Board approve starting the advertising process for the 2008 Water Right Transfer according to state statutes. Upon voting on the motion, the following Directors voted therefore: Nelson, R. Olson, S. Olson, Petersen, Rowe, Soneson, Bogle, Dahlgren, Garrett, Hoff, R. Johnson, W. Johnson, Knoerzer, and Lavene. None voted no and the motion was declared carried.

IRRIGATION SURVEY: The survey was distributed and reviewed with the Board of Directors. Two results of the survey are new management tools which include 1) an electronic database of all the accounts going back to 1998; and 2) several GIS layers. The survey indicates that approximately 75% of Central customers have access to a well as an option for irrigating their lands.

PAYMENT FOR FEDERAL AID BRIDGE: The start date for the replacement of the M.P. 31.3 bridge has been moved up to April 14 from June 30. Funding by Central has been requested in the amount of $100,666.69 by the Nebraska Department of Roads.

It was moved by Director R. Olson, seconded by Director Dahlgren, that the Board approve payment of $100,666.69 for the Federal Aid Bridge at M.P. 31.3. Upon voting on the motion, the following Directors voted therefore: R. Olson, S. Olson, Petersen, Rowe, Soneson, Bogle, Dahlgren, Garrett, Hoff, R. Johnson, W. Johnson, Knoerzer, Lavene, and Nelson. None voted no and the motion was declared carried.

ROHMAN-BELLAMY AGREEMENT AND BILL & JULIE KELLER AGREEMENT: An agreement between Jane Bellamy Rohman and Carl H. Rohman, wife and husband, regarding a lot at Plum Creek was presented for approval. Permits have been requested for a dock, shore station and a pathway to the lake. An agreement has been received from the Rohman’s for Central’s right to flood, erode and inundate her property along with a 50’ setback.

A similar agreement for Bill & Julie Keller was also presented. There are approximately 20 such agreements in place and a few that are still being looked into.

It was moved by Director Bogle, seconded by Director Lavene, that the Board approve the Rohman-Bellamy Agreement as presented. Upon voting on the motion, the following Directors voted therefore: S. Olson, Petersen, Rowe, Soneson, Bogle, Dahlgren, Garrett, Hoff, R. Johnson, W. Johnson, Knoerzer, Lavene, Nelson, and R. Olson. None voted no and the motion was declared carried.

It was moved by Director Bogle, seconded by Director Lavene, that the Board approve the Bill & Julie Keller Agreement as presented. Upon voting on the motion, the following Directors voted therefore: Petersen, Rowe, Soneson, Bogle, Dahlgren, Garrett, Hoff, R. Johnson, W. Johnson, Knoerzer, Lavene, Nelson, R. Olson, and S. Olson. None voted no and the motion was declared carried.

MEMORANDUM OF AGREEMENT – CONSERVATION RESERVE ENHANCEMENT PROGRAM: The Memorandum of Agreement - Conservation Reserve Enhancement Program (CREP) for water stored in Lake McConaughy was presented for approval. This agreement is an amendment to clarify the addition of the Lisco Irrigation District to the sources of land that could be enrolled. This is consistent with Resolution 05-1 which was approved by the Board of Directors on February 7, 2005.

It was moved by Director S. Olson, seconded by Director Nelson, that the Board approve the Memorandum of Agreement – Conservation Reserve Enhancement Program as presented. Upon voting on the motion, the following Directors voted therefore: Rowe, Soneson, Bogle, Dahlgren, Garrett, Hoff, R. Johnson, W. Johnson, Knoerzer, Lavene, Nelson, R. Olson, S. Olson, and Petersen. None voted no and the motion was declared carried.

JEFFREY LAKE DEVELOPMENT, INC. V. CENTRAL – SEAWALL CASE: The Nebraska Court of Appeals heard oral argument on March 19, and took the District’s appeal under advisement.

JEFFREY & MIDWAY V. CENTRAL: The District Court has overruled the plaintiffs’ motion for summary judgment.

CONJUNCTIVE MANAGEMENT STUDY: There was nothing new to report.

2008 BUDGET AMENDMENT: The following revisions to the 2008 Budget were presented and discussed: 1) Statewide Probable Maximum Precipitation Study at a cost of $10,000.00; and 2) Low Impact Hydro Certification at a cost of $60,000.00.

Statewide Probable Maximum Precipitation (PMP) Study: Probable Maximum Precipitation is required to do a Probable Maximum Analysis for dam safety evaluations. Staff recommends participating in the Statewide Probable Maximum Precipitation study at a level of $10,000.00. Other participants included in the study are the Lower Platte North NRD, the Corps of Engineers, the Nebraska Department of Natural Resources, Central Platte NRD, Lower Elkhorn NRD, Lower Platte South NRD, and the Papio-Missouri NRD.

Low Impact Hydro Institute Certification: The Low Impact Hydro Institute Certification is necessary for Central to be able to sell power as low impact hydro certified. If not certified, Central would not go the next step to get “green e” certified to sell the attribute of the power to the organizations that have the “green e” programs. Staff recommends a budget revision with the understanding that there would not be expenditures until staff comes back to the Board.

It was moved by Director S. Olson, seconded by Director Dahlgren, that the Board approve the amendments to the 2008 Budget as presented. Upon voting on the motion, the following Directors voted therefore: Soneson, Bogle, Dahlgren, Garrett, Hoff, R. Johnson, W. Johnson, Knoerzer, Lavene, Nelson, R. Olson, S. Olson, Petersen, and Rowe. None voted no and the motion was declared carried.

It was moved by Director Nelson, seconded by Director Garrett, that the Board authorize the Central District to participate in the Statewide Probable Maximum Precipitation (PMP) Study at a funding level of $10,000.00 with Mike Drain as the representative for Central and Don Kraus as the alternate, subject to staff and legal review. Upon voting on the motion, the following Directors voted therefore: Bogle, Dahlgren, Garrett, Hoff, R. Johnson, W. Johnson, Knoerzer, Lavene, Nelson, R. Olson, S. Olson, Petersen, Rowe, and Soneson. None voted no and the motion was declared carried.

NORTH PLATTE NRD INTEGRATED MANAGEMENT PLAN: A letter from the North Platte NRD was reviewed with the Board. The letter was in response to a request from Central for the North Platte NRD to meet and develop goals and objectives for a Central-NPNRD drought management agreement. The North Platte NRD plans to pursue these issues through an Integrated Management Plan development process.

PLATTE RIVER RECOVERY AND IMPLEMENTATION PROGRAM: A meeting is to be held in Cheyenne, April 8-9, 2008 with Don Kraus, Mike Drain, and Kent Aden attending. Kent will be making a presentation on invasive species. Primary issues are the Procurement Policy; progress on the Land Advisory Committee regarding the flow charts; and recommendations for the Independent Science Advisory Committee to review adaptive management work programs and peer review. Also discussion was held on what happens if there is an EA Bypass and if the budget dollars are exceeded. Also, an upcoming conference call for the Legal Committee has been scheduled.

PERSONNEL: There were no personnel items to discuss.

LEGISLATION: Tim Anderson reported that Senator Langemeier presented a bill to study the qualifications for the Director of the Nebraska Department of Natural Resources and related matters. The hearing for the study will be held this summer.

BOARD COMMENTS: The following comments were made: 1) discussion was held on Elwood Reservoir and whether there will be water available to be placed in the Reservoir. Central sent a letter to the Department of Natural Resources requesting a permit to place water in Elwood Reservoir if target flows are exceeded.

DIRECTORS’ ATTENDANCE: It was moved by Director Petersen, seconded by Director Dahlgren, that the Board excuse the absence of Director Mueller from the Board meeting. Upon voting on the motion, the following Directors voted therefore: Dahlgren, Garrett, Hoff, R. Johnson, W. Johnson, Knoerzer, Lavene, Nelson, R. Olson, S. Olson, Petersen, Rowe, Soneson, and Bogle. None voted no and the motion was declared carried.

OPERATIONS REPORT: The following operations reports were presented:

a. Kevin Boyd updated the Board on digging the channel in Lake Ogallala to improve flows. Two issues with the Corps of Engineers have arisen. The EPA is now involved and is concerned with wetlands and mitigation.

b. Mike Drain reported on a meeting with Merriweather Association that he, Frank Vetter and Mike Klein attended. Merriweather wants individual agreements instead of a group agreement. He also reported on Keith County sending notices to the Central District for taxes on land under lease which should have been sent to the cabin owners. Central is protesting this and the hearing will be April 23rd. An update on Plum Creek reclassification was presented. Staff has been working to develop changes to the permitting procedures. Changes will include replacing the current permit with a permit for cutting down trees during a certain time of the year; recommend changes in a few of the setbacks; change setbacks regarding the horizontal setback from the lake; and change the vertical limits on how low buildings are allowed to be built.

c. Rochelle Jurgens reported that Roth IRA investments through ICMA were now available to employees through payroll deductions. She also reported that Central’s Health Plan will be used as a case study for a national publication.

d. Dave Ford reported on canal work in Adams County and the Irrigation Division will start diverting water into E65 next week and the week of April 21st for the Phelps System. He also reported that Bob Hansen, Irrigation Superintendent, will be retiring on April 23rd.

e. Tim Anderson announced that Jim Carney with the Nebraska Game and Parks Commission will be retiring the first part of May this year.

f. Cory Steinke Reported on snow pack above Seminoe and the elevation at Lake McConaughy is 3222.2.

g. Eric Hixson updated the Board on the new Kingsley CO2 system and work will begin on the new breaker at J-2 this week.

h. Don Kraus reported on the joint meeting with Tri-Basin NRD.

At 11:05 AM, it was moved by Director R. Olson, seconded by Director Garrett, that the Board go into Closed Session to discuss the North Platte NRD Integrated Management Plan. Upon voting on the motion, the following Directors voted therefore: Garrett, Hoff, R. Johnson, W. Johnson, Knoerzer, Lavene, Nelson, R. Olson, S. Olson, Petersen, Rowe, Bogle, and Dahlgren. None voted no and the motion was declared carried. President Knoerzer stated that the only item to be discussed in Closed Session is the North Platte NRD Integrated Management Plan.

CLOSED SESSION

At 11:41 AM, it was moved by Director Garrett, seconded by Director W. Johnson, that the Board return to Regular Session. Upon voting on the motion, the following Directors voted therefore: Hoff, R. Johnson. W. Johnson, Knoerzer, Lavene, Nelson, R. Olson, S. Olson, Petersen, Rowe, Soneson, Bogle, Dahlgren, and Garrett. None voted no and the motion was declared carried. President Knoerzer stated that the only item discussed in Closed Session was the North Platte NRD Integrated Management Plan.

The meeting adjourned at 11:42 AM.

ATTEST: THE CENTRAL NEBRASKA PUBLIC POWER AND IRRIGATION DISTRICT

Doyle D. Lavene, Secretary
By William E. Knoerzer, President