Final Minutes
Governance Committee Meeting
March 23, 2000
Ramada Inn
Kearney, Nebraska
Agenda and Minutes
Mike Besson, Governance Committee (GC) Chair, called the meeting to order at 8:10 a.m. The draft minutes from the February Governance Committee (GC) meeting were reviewed. Changes were suggested and the minutes were approved as modified by consensus.
Margot Zallen noted that a schedule outlining the Formulation Status Report, Water Action Plan, and other information was not included in all packets distributed to the GC. Copies were made and distributed at the meeting and copies will be distributed again with the March minutes (see attachment).
Proposed Program Budget
Dale Strickland, Executive Director, gave a brief review of recent discussions within the Finance Committee regarding a budget for the proposed Program. Dale noted that the various committees (Land, Water, and Technical) had estimated their respective budget needs for the Program and that the budgets totaled more than the $75 million established in the Cooperative Agreement. The committees have been working on ways to reduced the budget estimates as well as determining what can be accomplished within the budget ceilings established by the Finance Committee. Dale also discussed a document he drafted, using information provided to him from individuals involved in the Cooperative Agreement negotiations, that reviews the history of how the $75 million in the Cooperative Agreement was derived (see attachment). For example, it appears that $500/acre-foot was used as the basis for the estimated cost of the water component of the proposed Program.
Dale went through the document and briefly described what each committee is doing to address the budget ceiling. John Lawson, Water Management and Water Action Plan Committees Chair, looked at several options to determine how much water could be provided within the $22 million budget ceiling. John looked at least cost, fair share water, and fair share dollars as three options. Each option provided less than the 60,000-80,000 acre-feet necessary from the Action Plan. It was noted that not all water projects will be active the first year and that this may result in a lower annual operating budget for the Program in the early portion of the First Increment. To assist in estimating the cost of the land component, Harvey Wittmier and Jay Maher provided cost estimates to Dale for recent land acquisitions in the central Platte valley. Recent purchases vary widely from $400-3000/acre, with an approximate average market value of $1156/acre. The Habitat Protection Plan Task Force estimated a cost of $1565/acre. With a conservative estimate for the average purchase price or the use of leases and easements, it may be possible to achieve the Program's land component within the $15.6 million budget ceiling. Dale provided a brief history on the estimated budget for Program monitoring and research. A Technical Committee subgroup revised the budget estimate and ranked the protocols/activities to determine what could be done within the $5.37 million budget cap. Dale noted that the Technical Committee still believes that all proposed activities are needed and that further budget analyses will be needed when the FWS finishes the R3-1 Document. Dale also reviewed what could be provided administratively within the Finance Committee budget cap.
In summary, Dale noted that there might be sufficient funds to address the land component of the Program but probably not enough funds to adequately meet the water or monitoring and research components. Mike Besson noted that the original budget estimates showed the Program was approximately $50 million short and that the Program was still short of money. There were further discussions regarding how the budget will be refined as the proposed Program is implemented. It was noted that budget estimates would likely go up as the Water Action Plan component goes from the reconnaissance level to implementation level. It was also pointed out that it would be very difficult for the states to go back and ask for more money.
Groundwater Study Report
Duane Woodard and Greg Steele provided a report on recent efforts to map groundwater contour intervals along the central Platte River using existing wells. The map with 20-foot contour intervals indicates where the central Platte River is gaining and loosing water to adjacent aquifers. It was noted that the contour map was based on a one-time measurement of wells and that this measurement occurred shortly after a major peak in river stage. The map was based on a one-time measurement because of the amount of time and effort needed to collect information from all of the wells. It was suggested that basing a contour interval map on an average of measurement might be warranted. The GC suggested adding the hydrograph to the contour map to illustrate when the measurements were taken. A more detailed written report will be available in May. Duane also mentioned that they are looking at the affects on groundwater when pumping further from the river and within areas of different crop types.
Curt Brown, EIS Team, explained that they are characterizing the interaction between the river and groundwater in an attempt to explain high groundwater levels in central Nebraska. Curt noted that since 1980, the central Platte region has received a total of 42 inches more precipitation than average (see attachment), and that this along with reduced pumping demands as a result of the increased rain seem to be impacting the groundwater levels. Curt noted that currently there are 30 continuous data loggers configured along transects perpendicular to the river that monitor groundwater levels. The wells within 500 feet of the river track river flow changes quite closely (i.e., when the river goes up the groundwater goes up about the same amount), but wells 1000 feet or more from the river do not fluctuate greatly with changes in the river. Curt described how some theoretical flows resulting from the Program might affect the groundwater. For example, a pulse flow of 5,000 cfs would result in a one-foot rise in the river but only a 4-inch rise in groundwater at 1000 feet from the river and an even smaller rise further from the river. The question was asked what effect this small rise in groundwater would have on biological response in areas such as wet meadows. Curt noted that groundwater levels can be highly variable and in wetland areas the groundwater may be very near the surface.
Land Ownership Entity Workshop
Paul Matson, Land Ownership Entity (LOE) Subcommittee Chair, provided a report on the January 31-February 2 facilitated workshop in North Platte. Paul noted that workshop participants agreed on a four-level structure comprised of signatories, Governance Committee, Land Advisory Committee (LAC), and paid entities (contractors). The LAC would be a 10 member advisory board that would operate on a consensus basis. Membership would include one representative each from Nebraska, Colorado, Wyoming, the Bureau of Reclamation, the U.S. Fish and Wildlife Service, and the local utilities. The group would also include three local Nebraska representatives and one representative from the environmental community. This information was included in a report compiled by CDR Associates (facilitator) and in a report to be compiled by Mary Jane Graham/Conservation Partners (white paper authors).
There was discussion regarding the schedule to be used in defining the land holding entity. The workshop participants agreed that the entity should be a non-profit or trust but there has been no recommendation on the exact entity. It was noted that a LAC charter might be needed before a land holding entity is defined. It was also noted that the Finance Committee and Governance Committee would need to define an exit strategy for the Program. Mike Besson suggested creating a drafting committee to work on a charter and exit strategy. Margot Zallen suggested that the Land Committee should make a recommendation to the GC on the land entity and that this information might be used in drafting the charter. It was decided that a subgroup of Ralph Morgenweck, Dayle Williamson, Paul Currier, Mike Besson, Don Ament, Paul Matson, and Dale Strickland, or their representatives, would provide a draft LAC charter by the next GC meeting.
Brian Barels commented that neither an exit strategy nor charter was needed to continue work on defining a land holding entity. Rhodell Jameson, Land Committee Co-Chair, noted that the options of existing entities that could hold land are fairly limited but that the option of creating a new non-profit entity or three-state trust should be explored. Mike Besson suggested having a contractor investigate the positives and negatives of each option, and that the contractor should focus on developing details about the creation of a three-state trust because minimal existing information is available on this topic. The GC agreed to negotiate with Marty Zeller, Conservation Partners, to do a comparative analysis of potential land holding entities, including legal constraints from each state. The analysis should include options for a land holding entity that would only buy, hold, and sell land. Dale Strickland agreed to draft a scope of work and circulate to the GC, Land Committee Co-Chairs, and Paul Matson for review.
Schedule
Dale Strickland noted that his office has started to revise the milestone schedule and that it would be presented at the next GC meeting. Dale reported that there was concern and confusion regarding the Water Action Plan schedule and Formulation Status Report schedule expressed at the March 22 Water Action Plan Committee (WAPC) meeting. To help clarify the issue a subgroup of John Lawson, Curt Brown, Charlene Dougherty, and Dale Strickland met to draft a proposed schedule of events. Dale outlined the proposed schedule and there was significant discussion and concerns. A full discussion of the schedule will occur at the April GC meeting.
Subcommittee Reports
Water Management Committee
John Lawson, Water Management Committee (WMC) Chair, provided the report. The WMC is working on tracking and accounting issues, web site for hydrologic data, and methods needed to review future depletion plans. Each state provided written information on tracking and accounting procedures used in their respective states. The combined information will be provided to the EIS Team for analysis. Comments from the WMC on the documents are due to John Lawson by April 7. The finalized procedures will be in the May 8 draft Water Action Plan. Comments were submitted to John related to the Future Depletion Plan presentations made by Nebraska and Wyoming at the January WMC meeting and Colorado's North Platte River future depletion proposal presented at the same meeting. Comments will be provided to the proper states. The WMC will review the completed plans when available and provide a report to the GC. John noted that Nebraska may not have a final plan available until completion of the COHYST in 2001. John reported that work continues on developing a web site to provide access to real-time hydrologic data. Central Nebraska Public Power and Irrigation District agreed to temporarily host the site and construction could begin in one month. John noted that he has been working with the Executive Director's office to address WMC and WAPC water milestones. In doing this he had several questions related to who was responsible for various tasks. This will be included in the milestone schedule discussion at the next GC meeting.
Water Action Plan Committee
John Lawson reported that the Water Action Plan Committee (WAPC) met on March 22, 2000. John reviewed the process that has been followed by Boyle Engineering and the WAPC in developing a series of water action memos. Boyle is currently working on a draft report that contains several placeholders where additional information is needed. This current memo does not identify projects sufficient to meet the minimum goal of providing 130,000 acre-feet of target flow reductions. John noted that the WAPC discussed the apparent budget shortfall and how the water component budget might be impacted because of the delay in implementing some of the projects until well into the Program (e.g., reduced annual operating budget, increased difficulty in determining a biological response). However, the WAPC has discussed the effects of inflation on the proposed Program's budget for the water component. The EIS Team will be provided the most recent information on possible alternative projects so that they can be run through their hydrologic models.
John reported that Dale Strickland had provided a draft process of how projects could be carried through from the current reconnaissance level to the feasibility level and finally to the implementation level. Once reviewed and approved by the WAPC, the process will be included as part of the Water Action Plan and presented to the GC.
John discussed the schedule for redrafting and finalizing the Water Action Plan by May 15. John noted that the Water Action Plan needs to identify sufficient projects to achieve the minimum of 130,000 acre-feet of reductions. The Plan should also identify additional elements that could be used to provide replacement projects if some current projects are not feasible as well as provide water above the 130,000 acre-feet minimum.
State Meeting
John Lawson used information provided to him by Jim Cook to report on the state meeting. John reported that Nebraska had identified additional water for the Water Action Plan. The states had also identified the need for more evaluation of forest management. This information may be provided by Boyle Engineering through a contract amendment if needed. Mike Besson noted that with the identification of additional water and forest management there might be enough projects identified to meet the 130,000 acre-feet minimum, but that "back-up" projects should be identified. Don Kraus cautioned that there are other issues remaining that the states will need to work through.
Dave Sands asked if Boyle or the EIS Team would be looking at the negative impacts of forest management (e.g., siltation). Curt Brown said the EIS Team would be, and they would also be looking at cost. Curt described the proposed process the EIS Team would be following if forest management were found to be a viable option.
Land Committee
Rhodell Jameson, Land Committee (LC) Co-Chair provided the report. Rhodell reported that Mary Jane Graham would be providing a summary paper on the Land Ownership Entity workshop and that the paper would be circulated to the LC for their review. Rhodell noted that some issues have been raised in response to the third party impacts study but that Lisa McDonald is going forward with the final report. Larry Wells reported on progress being made in developing a GIS protocol manual and standards for use in the Program. Larry will be working with the Nebraska GIS Steering Committee and others at an April 4 meeting at NPPD in Kearney. Larry invited GC members to send any GIS technicians that might benefit the process.
Technical Committee
Paul Tebbel provided the Technical Committee (TC) report. Paul noted that the TC has not met since late January and they will not meet again until April 24-25, shortly after the R3-1 Document is available from the FWS. The primary purpose of the meeting will be to re-evaluate the protocols in light of the Service's requirements for biological response. Paul noted information pertaining to the TC budget revisions was discussed earlier in the meeting.
Outreach Committee
Jeff Buettner, Outreach Committee (OC) Chair, provided the report. Jeff updated the GC on an ad placed in several Nebraska newspapers between Scottsbluff and Grand Island. The ad reminds the public of places to go for information and answers to questions related to the Cooperative Agreement. Jeff also distributed a draft question and answer brochure explaining the Environmental Account (see attachment). Comments should be submitted to Jeff by March 31.
Finance Committee
Dayle Williamson, Finance Committee (FC) Chair, provided a report of the committee's conference call held March 16. Dayle distributed a worksheet outlining contribution and disbursement transactions as well as the GC's monthly status report (see attachments). Dayle briefly went over the handouts and noted that the FC accepted the amount of $28,596.73 for March invoices. The FC also discussed a request from CDR Associates for approximately $12,000 in additional funds. Dale Strickland received information from CDR showing that they had done a small amount of work outside of the original scope of work and the FC agreed that CDR should be provided an addition $3,000 to cover this work. GC approved the additional funds. Dale will work with Larry Schulz to make sure the transaction is done properly. Dayle mentioned that the FC also discussed the Program budget and that this was covered earlier today.
Dayle reported that the largest portion of the FC conference call was spent discussing a proposal from the TC to conduct a monitoring and research demonstration project at NPPD's Cottonwood Ranch Property. Dayle outlined several concerns raised during the conference call. Dale Strickland will be working with the individual parties to address the concerns and the revised proposal will be discussed at the next FC meeting.
Dale Strickland noted that his office will begin compiling information for the fourth quarter funding agreements.
Milestone Reports
Wyoming - Mike Besson reported no change in Wyoming's milestones.
Colorado - Don Ament reported they are trying to get more water in Tamarack through legislative and contracting means and feels they have an excellent project.
Nebraska - Dayle Williamson reported that Nebraska continues to work on their Future Depletion Plan.
Department of the Interior - Bob McCue reported that FWS will be distributing the R3-1 Document to the TC at least one week before their next meeting.
Open Comment Period
Harold Stevens gave a presentation regarding tours of Platte River water facilities that he has been conducting. He offered to organize a special tour for the GC. An example itinerary was distributed (see attachment). The GC asked Harold to reserve June 27th and 30th as potential dates. An agenda will be distributed for each date and reservations will need to be made with Dale Strickland.
Carroll Sheldon asked the GC to provide a public address system at future meeting. Carroll also asked for a total count of waterfowl in the central Platte region. Bob McCue, Frank Albrecht and others referred Carroll to the Rainwater Basin FWS Office or the Kearney NGPC office for estimates.
Future Governance Committee Meetings
April 26 - Water Action Plan, Sterling, Colorado
April 27 - Regular GC meeting, Sterling, Colorado
May 24 - Water Action Plan, Wyoming, Herschler Building, Room 1699.
May 25 - Regular GC meeting, Wyoming, Herschler Building, Room 1699.
June 28 - Water Action Plan, North Platte, Nebraska
June 29 - Regular GC meeting, North Platte, Nebraska
July - No meeting
August 2 - Water Action Plan, Colorado, site to be determined
August 3 - Regular GC meeting, Colorado, site to be determined.
Adjourn
The meeting was adjourned at approximately 12:40 p.m.
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