By Russ Pankonin
The Imperial Republican
■ Could stream augmentation be the answer for compliance? PAGE 2.
Consideration of an integrated management plan (IMP) for the Upper Republican Natural Resource District (URNRD) will wait for at least another month.
During their regular meeting in Imperial Nov. 6, board members opted to wait until next month before discussing possible adoption of an IMP for the district.
A public hearing was held Nov. 1 and the official record was kept open until Tuesday, Nov. 6.
Manager Jasper Fanning said they did receive some written testimony that would have to be entered into the official record.
Transcriptions of the hearing for board members were not yet complete by the Nov. 6 meeting. As a result, Fanning advised waiting until the December meeting to consider the IMP.
Lawsuit could affect IMP
He advised the board that a suit filed challenging the funding in LB 701 to pay for surface water purchases could also affect the IMP.
Fanning said the functionality of the IMP could be limited because several courses of action contained in the plan could not be carried out without funding.
The suit is challenging the constitutionality of LB 701, which gives NRDs the right to collect an additional 10-cent levy per $100 of valuation to pay for surface water purchases.
The bill also contains a provision allowing NRDs to assess an occupation tax on irrigated acres of up to $10 per acre.
Both funding sources would be needed to pay for bonds that were to be issued this fall for the surface water purchases. The sale of the bonds is now on hold due to the lawsuit.
Fanning told board members, "I'm uneasy about having you approve a plan that you know might not be able to be implemented."
Over the next month, he urged board members to contemplate what the lawsuit does to the district and whether to sign on to something "we know can't work without funding."
The Upper, Middle and Lower NRDs, the Department of Natural Resources, Ann Bleed, and county officials in Dundy, Hitchcock and Furnas County who are responsible for levying and collecting the property taxes were all named as defendants in the suit.
Two former URNRD board members, Robert Ambrosek and Kenny Frasier, are among the plaintiffs bringing the suit.
Since a state agency (DNR) is involved in the suit, Fanning said the attorney general's office has taken the lead thus far in defending the suit.
As a result, Fanning said the NRDs' legal fees may not be as much compared to having to defend the suit themselves.
Fanning said the tax could still be levied and collected but the funds would be held in trust until the case is settled.
He said the NRDs and the state are exploring a number of options to get the surface water irrigators paid for this year's purchases.
New building bid accepted
Board members gave approval on a 9-1 vote to approve a new contract for the construction of a new office building for the NRD.
The previously selected contractor, Rhoads Construction Company of Goodland, Kan., was unable to perform because they went out of business.
As a result, the building committee went back to the second lowest bidder, Wayne Dowhower Construction of North Platte, to negotiate a contracted price with changes from the original bid.
They were able to negotiate a price of $904,392, which was approved by the board with Jeff Walling dissenting.
Wallin has opposed the project since joining the board and expressed opposition again last week.
The previous bid from Rhoads was $896,009. Fanning said they were able to make some upgrades from the Rhoads quote and said it was fairly close to the previous quote. Plus, working days were reduced from 260 days to 210 days with Dowhower.
New employees hired
Fanning informed the board that Dirk Dinnel has been hired as assistant manager and will also fill the role previously held by Sid Bartels.
Traci Witthuhn of Minden was hired as the Republican River Coalition coordinator and will be based out of the NRD office in Alma.