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By Wayne Bossert, GMDA Secretary, June 7, 2010 Capitol Hotel - Little Rock, Arkansas

The meeting was called to order by Secretary Wayne Bossert at 4:00 p.m. June 7, 2010 in the Quapaw Room of the Capital Hotel.  President Tom Cech was ill, and Vice President Mike Mahoney found it necessary to resign from the GMDA Board due to personal issues.  The Board member and advisors whose names are underlined were in attendance.

State 1-Yr Director 2-Yr Director 3-Yr Director Advisor
Colorado Jack Dowell Tom Cech  Jim Reasoner Wayland Anderson
Kansas Jan King Wayne Bossert Sharon Falk Lane Letourneau
Mississippi Jim Baldwin Will Long Dean Pennington Jamie Crawford
Nebraska Ron Bishop Linda Luebbe Larry Angle Jim Goeke
Texas  C.E. Williams Sherry Stephens Vacant Robert Mace

Others in Attendance: None

Previous Meeting Minutes: Wayne Bossert asked for any comments or amendments to the January 6, 2010 minutes from Charleston, SC.  Jack Dowell moved to approve the January 6, 2010 Minutes presented.  Jim Reasoner seconded the motion, which passed unanimously.

Secretary's Reports: 1) Treasurer’s Report: Wayne Bossert reported that the association had an account balance of $16,785.48 as of the last report (12/21/09); and between 12/22/09 and 5/24/10 had $500.00 in income; expended $4,357..26; and had a current account balance of $12,928.22 as of 5/24/10.  Moreover, there remains $21,941.76 in the investment account, for a total association worth as of 5/24/10 of $34,869.98.  Jan King moved for approval of the treasurer's and the membership reports as presented.  C.E. Williams seconded the motion, which passed unanimously.

Report on Upcoming Conference - San Antonio, TX - Sherry Stephens:  Dates: January 12-14, 2011. Location: Drury Hotel.  The plan is to use the hotel's happy hour for our welcoming reception.  This will save the cost of renting a room for this event.  The regular event has all the elements of a typical reception. The Banquet is planned for some restaurant on the Riverwalk.  Sponsors - $1,500 already on board.  City of San Antonio will do the signs.  If any others are found, get the information to Sherry ASAP.

Tours - a pre- or post-conference tour are both possible - any preferences?  C.E. Williams suggested a post-conference tour of the San Antonio's Aquifer Storage & Recovery project.  Consensus was for a post-conference tour of a water-related project or activity.

Sherry reported the theme was going to be: "Unintended Consequences".  She asked that any suggestions or examples be provided to C.E. Williams (who is coordinating the speakers) so that the appropriated speakers could be identified.

While on the topic of conferences, Secretary Bossert mentioned that the 2011 Summer Conference was discussed at last year's summer meeting and that the Denver area was to be the target area with Tom Cech sponsoring the arrangements.

NWRA Report: Ron Bishop reported that the same report as last meeting was in order - with perhaps one addition - Congressman Oberstar has re-introduced CWRA with slightly different language - less groundwater application.  Dean Pennington also reported that the NWRA Summer meeting would be in Jackson Hole WY on July 22-24, 2010.

Committee Reports:

Newsletter:  Larry Angle reported that the website (www.gmdausa.org) is going well.  He commented on the utility of having the GMDA history site and the main site linked.  Anyone who has anything that needs to be added - let him know.  Ron Bishop suggested that the status of the CWRA legislation be posted on the website.

Groundwater:  Dean Pennington - no report

Safe Drinking Water Act:  Larry Angle reported that in March, EPA announced 6-year review of contaminants.   Sixty-seven will remain the same - four will be changed - TCE (and 3 others) may go up or down.  TCE is being considered for somewhere between 2-5 parts per billion.

 

Clean Water Act:  Dean Pennington reported that the major efforts of this legislation of late have been in surface water.  EPA is developing new rules for spraying (for pests and/or weeds) in and around channels, ditches or drainage.  The rules, which came out June 2 will require an NPDES permit if such controls are being used in proximity to surface water bodies.  The rules cite that EPA will regulate for states without primacy – which doesn’t affect any GMDA states, but is significant.  Anyone working with plants or insects or animals in and around drainage channel will need to be alert.  Exempt is less than 10 miles of drainage length.  Go to EPA website for more details.

 

Also, the effluent standards for cities (for nutrients) is getting tightened up.  These efforts also can relate to NPDES permits and can affect GMD’s.

Endangered Species Act:  C.E. Williams – Several new species listed (none affecting TX).  New species include a Mussel and several fish, but, again, none that he saw that would directly affect GMDA members.  A map and info is on EPA Website.

Resolutions:  No report due to having no committee chair appointed.

Awards:  Wayne Bossert – No report.  On behalf of the entire board, Dean Pennington awarded Ron Bishop a Lifetime Membership and Promoter of the Decade Award.  Dean requested that the GMDA minutes reflect this award.

 

Dues:  Since the dues were last changed in 2008, the consensus was to retain the current dues structure for another year.  C.E. Williams moved to retain the current dues structure for another year.  Ron Bishop seconded the motion, which passed unanimously.

Amicus Brief.  Wayne Bossert explained the apparent mis-communication between GMDA and Attorney Ben Griffith, who has already filed an amicus brief on behalf of the association even though the funding has not yet been approved by the board.  Following discussion C.E. Williams moved that another letter be generated to all GMDA district members (who did not pledge any funds from the first letter) explaining the situation and providing the total cost of the brief.  This letter is to request a second round of pledges to meet the total bill.  Secretary Bossert is to:  1) collect the current pledges and pay Griffith Law this amount as a down payment;  2) pass on all secondary pledges collected to Griffith Law; and  3) place any unpaid balance on January, 2011 board meeting for action by GMDA.  Ron Bishop seconded the motion.   Motion passed unanimously.  Dean Pennington indicated he would convey this decision to Griffith Law.

Adjourn:  The board meeting was adjourned with no objection at 5:45 p.m., June 7, 2010 by Secretary Bossert.

Respectfully submitted:

Wayne Bossert, Secretary, GMDA

 


Table of Contents By Jan King, GMDA President, January 6, 2010 Francis Marion Hotel - Charleston, South Carolina

The Groundwater Management Districts Association (GMDA) meeting was called to order by President Jan King at 8:00 p.m. in the Calhoun Room of the Francis Marion Hotel in Charleston, South Carolina. The Board Members and advisors whose names are underlined were in attendance:

State 1-Yr Director 2-Yr Director 3-Yr Director Advisor
Colorado Jim Reasoner Jack Dowell Tom Cech Wayland Anderson
Kansas Sharon Falk Jan King Wayne Bossert Lane Letourneau
Mississippi Dean Pennington Jim Baldwin Will Long Jamie Crawford
Nebraska Larry Angle Ron Bishop Linda Luebbe Jim Goeke
Texas Mike Mahoney C.E. Williams Jim Conkwright Robert Mace

Others in Attendance: Ward Deering (CO), Sherry Stephens (TX)

Approval of Agenda:  Jan King asked for any corrections or amendments to the presented Agenda.  Jack Dowell moved for approval of the published Agenda as presented. Sharon Falk seconded the motion, which passed unanimously.

Previous Meeting Minutes: Jan King asked for any corrections or amendments to the minutes from the 2009 Summer Conference held in Estes Park, Colorado. There was a discussion concerning the date of the Minutes as some Board Members thought the Meeting had been held on June 8, 2009 instead of June 9, 2009. (It was also noted that the Agenda had the date of June 6, 2009 for the minutes.)  Ron Bishop moved to approve the June 9, 2009 Minutes as presented adding the correction of the date if it is discovered that the Meeting was held on a different date other than June 9, 2009. Linda Luebbe seconded the motion, which passed unanimously.

Secretary's Reports:

1) Treasurer’s Report: The Board reviewed the Treasurer’s Report which shows that the association has an account balance $13,300.15 as of last report (5/15/09); and between 5/16/09 and 12/21/09 had $9,975.00 in income; expended $6,489.67; and had a current account balance of $16,785.48 (as of 12/21/09). Moreover, there remains $21,941.10 in the investment account, for a total association worth as of 12/21/09 of $38,726.58.  C.E. Williams moved for approval of the Treasurer’s Report as presented. Sharon Falk seconded the motion which passed unanimously.

2) Membership Report: Current as of December 21, 2009 (Not yet complete).

3) Awards Report: No suggested nominees for any GMDA award were provided through the established awards process.

NWRA Report: Ron Bishop reported that NWRA is still in the defensive mode relative to ESA efforts as reported during the last Board Meeting. He also reported that NWRA is still addressing SB 787 that proposes to remove the word “navigable” from the scope of the Clean Water Act (CWA), meaning that CWA jurisdiction would apply to all waters of the U.S.  Dean Pennington reported that The National Cotton Council has filed a suit seeking a reversal of the Sixth Circuit Court decision which requires any entity that disposes pollutants into navigational waters to first obtain a National Pollutant Discharge Elimination System (NPDES) permit.  Prior to the 6th Circuit court’s decision in National Cotton Council vs. EPA, the EPA released a rule to clarify that certain aquatic application of pesticides would not require a NPDES permit as pesticide applicators were already subject to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requirements that were put in place by Congress to govern the applications of pesticides. The court, however, found that the disposal of pesticides into, over or near water would require an NPDES permit. The court stated that if a pesticide leaves any excess or residual particles behind after completing its intended purpose, it is a pollutant as defined in the Clean Water Act.  The EPA has requested that the Court give the authorized permitting authorities two years to develop and issue the permits. Mr. Pennington suggested that each Board Member check their Farm Bureau website for more information and suggested the issue be followed on Twitter by Wayne Bossert.

 

State Caucus Reports:

Texas: C.E. Williams reported that the Texas Caucus would defer their report until later in the meeting.

Nebraska: Nebraska Caucus reported that Larry Angle had been re-elected for the 3-year Board Member. The Caucus recommended that the 2011 Winter Conference be held in San Antonio, TX or in Las Vegas, Nevada.

Mississippi: Mississippi Caucus reported that Dean Pennington had been re-elected for the 3-year Board Member. The Caucus recommended San Antonio, TX, Alaska, or Hawaii for the 2011 Winter Conference site.

Kansas: Kansas Caucus reported that Sharon Falk had been re-elected for the 3-year Board Member. The Caucus recommended South Padre Island or the Florida Keys as possible sites for the 2011 Winter Conference.

Colorado: Colorado Caucus reported that Jim Reasoner was re-elected for the 3-year Board Member. The Caucus recommended Southern Texas or somewhere on the beach for the 2011 Winter Conference site. They also recommended that the 2011 Summer Meeting be held in the northwest, possibly near the Columbia River.

 

35th Annual (2009) Conference Discussions:

Notes provided by Secretary/Treasurer Wayne Bossert who was unable to attend this Conference, recommended that the issue of which Annual Meeting is being held, should be discussed. Mr. Bossert noted that according to the GMDA History page this meeting would be the 35th Annual Meeting not the 37th Annual Meeting as the program specifies. It was the general consensus of the Board to make the adjustment at the next Annual Meeting which would then be referred to as the 36th Annual Meeting.

 

Change of Officers:

Dean Pennington (MS) moved to have Vice President Tom Cech (CO) advance to the GMDA Presidency. Ron Bishop (NE) seconded the motion which passed unanimously.

Tom Cech requested that Jan King continue presiding over the meeting and not pass the gavel until the end of the Board Meeting.

Jan King opened the floor for nominations.

Sharon Falk (KS) moved that Wayne Bossert (KS) be nominated as Secretary/Treasurer, Ron Bishop (NE) and Dean Pennington (MS) be nominated as NWRA Directors and that the nominations cease and that a unanimous ballot be cast for Wayne Bossert as Secretary/Treasurer and Ron Bishop and Dean Pennington as NWRA Directors. Tom Cech (CO) seconded the motion which passed unanimously.

C.E. Williams was given the floor to present the Texas Caucus: He reported that Jim Conkwright is unable to continue serving as a Board Member for Texas. He reported that Texas has elected Mike Mahoney to the 3-year Board position, has moved C.E. Williams to the 1st year Board position and would like to recommend Sherry Stephens be elected to serve in Jim Conkwright’s vacated 2nd year Board position.

C.E. Williams (TX) moved that Mike Mahoney (TX) be nominated as Vice President and that the nominations cease and a unanimous ballot be cast for Mike Mahoney. Ron Bishop (NE) seconded the motion which passed unanimously.

C.E. Williams moved that Sherry Stephens be elected to serve in the 2nd year Board position replacing Jim Conkwright who is unable to continue serving on the Board. Sharon Falk seconded the motion which passed unanimously.

 

Committee Appointments: Incoming President Tom Cech reported that he would be reappointing all committee chairs for another year after the transfer of the gavel.

 

Unfinished / Other Business:

2011 Winter Conference

Places for the next Winter Conference were discussed. It was suggested that the Conference be held along a beach or the River Walk. It was noted that San Antonio annually shuts down the River Walk for cleaning, so the dates of that event should be checked to make sure they do not coincide with the Winter Conference if San Antonio is chosen as the site for the 2011 Winter Conference.

Tom Cech moved that the new Vice President Mike Mahoney be allowed to select the place for the 2011 Winter Conference. Sharon Falk seconded the motion which passed unanimously.

2010 Summer Meeting

Dean Pennington reported that the 2010 Summer Meeting would be held in Little Rock, Arkansas at the Capital Hotel on June 6 – 8.

Information / Access to FSA Records

A general discussion was held on various subjects including Texas Legislative issues, the effort to secure FSA records, and the USGS modeling endeavors which would make an interesting topic for upcoming meetings.

C.E. Williams reported that the Texas Legislature is trying to give greater groundwater management authority to the State through new regulatory initiatives. This has caused contention since Texas has the “Rule of Capture” which means the landowners own the water beneath the surface of their land. Since the population in Texas is expected to increase significantly the importance of all water sources has also increased. The population shift has created a new category called “Rural Urban” which will need to be further defined.

Ron Bishop reported that Central Platte Natural Resources District (CPNRD) has filed suit against the U.S. Department of Agriculture Farm Service Agency (FSA) in order to secure access to the FSA’s digitally stored geographic information system (GIS) records. The data would help CPNRD provide guidance on irrigation practices, mapping of cropland and district decisions. CPNRD has tried numerous times to have access to the information over the last 4 years. After having filed a Freedom of Information Act request they had been informed that they would be able to have the information but then the New Farm Bill changed the privacy language and their request was denied. Mr. Bishop reported that the trial would be held this coming Spring and that he could use support from other entities including the GMDA. Several options of support were considered by the Board.

C.E. Williams moved to authorize the GMDA Board Officers to check with Attorney Ben Griffith for a cost estimate for an amicus brief and to allow the GMDA’s name to be placed on an amicus brief once funds to pay for it have been pledged. Ron Bishop seconded the motion which passed unanimously.

New Logo Consideration:

A copy of the new draft-2 logo set was reviewed.

Ron Bishop moved to approve a new GMDA logo which will have one well with a wide uniform stream. C.E. Williams seconded the motion which passed unanimously.

As a result of the caucus actions, the new 2010 GMDA Board Members are:

State 1-Yr Director 2-Yr Director 3-Yr Director Advisor
Colorado Jack Dowell Tom Cech Jim Reasoner Wayland Anderson
Kansas Jan King Wayne Bossert Sharon Falk Lane Letourneau
Mississippi Jim Baldwin Will Long Dean Pennington Jamie Crawford
Nebraska Ron Bishop Linda Luebbe Larry Angle Jim Goeke
Texas C.E. Williams Sherry Stephens Mike Mahoney Robert Mace

 

Transfer of President’s Gavel:

At this time Jan King (KS) stepped down as GMDA President and Meeting Chairman and allowed Tom Cech (CO) to assume the GMDA Presidency.

President Tom Cech made the following Committee assignments:

- Safe Drinking Water Act – Larry Angle (NE)
- Endangered Species Ace – C.E. Williams (TX)
- Awards – Wayne Bossert (KS)
- Groundwater – Dean Pennington (MS)
- Clean Water Act – Dean Pennington (MS)
- Resolutions – Tom Cech (CO)

Adjournment:

With there being no other business, Dean Pennington moved to adjourn the meeting. Ron Bishop seconded the motion which passed unanimously.

The Meeting was adjourned at 9:10 p.m., January 6, 2010.