Final Minutes
Governance Committee Meeting

Agenda and Minutes

Roger Patterson, Governance Committee (GC) Vice-Chair, called the meeting to order at 8:05 a.m. Roger noted that Don Ament, GC Chair, had asked him to chair the meeting until he arrived. It was also noted that this was Don's last meeting as Chair and that Roger would be the GC Chair beginning after the meeting and Ralph Morgenweck would be the Vice-Chair. No changes to the agenda were indicated. The GC approved by consensus the minutes from the April 20 Technical Workshop and May 17 GC meeting as written.

RPA Sufficiency Meeting Notes

Roger explained that the GC needs to decide if the notes developed by the Executive Director's office from the May 16 RPA Sufficiency meeting should be finalized as official documentation of the meeting. The GC agreed that the notes should be finalized. Comments on the notes are to be sent to Dale Strickland, Executive Director, by August 1, 2001, with a cc to Clayton Derby. Dale's office will incorporate the comments and redistribute a draft document for consideration at the September GC meeting.

Open Comment Period - none expressed

Parsons Study Update

Jim Cook explained that the states met with Parsons Engineering after the open workshop held on July 17 and discussed where the process should to go next. Jim commented that because the Sed/Veg Model and other products from the EIS Team are being continually updated, the written review from Parsons of the information could be slightly delayed. Parsons is planning on completing the work and providing a verbal report on their finding at the September GC meetings. An August 20 workshop is planned to discuss preliminary conclusions.

Milestone Update

First Increment Milestones (P3-1)

Dale reported that the subgroup met briefly on July 17 and discussed proposed edits to the draft document submitted by the states. The subgroup adopted the format suggested by Wyoming for drafting of all milestones. The format consists of bolding the milestone and then including supporting information in regular text. The subgroup is discussing if interim steps in the land and water component should be included as milestones or something subordinate to a milestone (e.g., task). Dale will circulate a redrafted document for the subgroup's August meeting.

RPA Sufficiency (A3-EXT)

Dale explained that the GC needs to decide what product will constitute completion of this milestone, or if a product is needed. It was recommended that the milestone be recognized as complete when the notes from the meeting are finalized at the September meeting. GC agreed with this recommendation.

Habitat Protection Plan (L1-EXT)

Dale reported that the Habitat Protection Plan (HPP) Task Force had planned to meet after the June 20-21 Land Component Workshop but that they are currently waiting until the GC resolves the Habitat Suitability Guideline and alternative habitat issues. It is unclear what the schedule for completion of these tasks currently is.

Good Neighbor Policy

Dale noted that the Structure and Staffing Subcommittee, chaired by Maryanne Bach, was tasked to address the good neighbor policy issue. The Subcommittee asked Dale to form a subgroup to investigate the issue in-depth. Dale explained that Vernon Nelson and Rhodell Jameson, Land Committee Co-Chairs, had identified a couple of representatives, as have the states. DOI will also be selecting a representative. It was recommended that the states and DOI representatives have legal knowledge on the issue. Roger Patterson recommended that the environmental and water user interests be represented on the subgroup. Dave Sands indicated that either Paul Tebbel or Paul Currier would represent the environmental groups. Brian Barels stated that Jim Doyle and Mark Czaplewski would represent downstream water users and suggested Dale check with Vernon and Rhodell to see if these two individuals would be satisfactory representatives for the Land Committee (LC).

Implementation of Available Protocols (R1-EXT)

Dale reported that the Cooperative Agreement has implemented several Technical Committee (TC) protocols in 2001. A spring whooping crane survey, both ground and air, was completed with the Nebraska and National Wildlife Federation completing the ground portion as part of their Whooper Watch program. Dale commented that the Wildlife Federations are seeking funding from the National Fish and Wildlife Fund for next field season and that they asked him to write a letter in support of their effort. The TC agreed that the Whooper Watch was useful and asked Dale to write the letter. Carolyn Green, NWF, stated that currently they are focusing the Whooper Watch efforts on the central Platte but hope that interest and funding will allow expansion of the program in other areas of the flyway. The Executive Director's office is working with the aerial survey contractor to finalize the spring survey report. Other protocols implemented include the General Monitoring Protocol and Tern and Plover Monitoring Protocol.

Future Depletion Plan Sub-tasks (W1,2,4-EXT)

Mark Butler reported that the Depletion Plan Subgroup and Water Management Committee (WMC) have met several times to discuss the milestone subtasks (identification of project types covered and analysis of impact on pulse flows). Mark noted that the groups are trying to describe the process by which the new depletions plans will be implemented. The main concerns are with large storage projects that likely cannot be covered under the state depletions plans. The FWS hopes to work with the states very early in the process when identifying how a proposed large project can fit within the state plan or how it will be mitigated otherwise. Also an acre-foot amount for deminimus use needs to be discussed and agreed upon. A latest copy of the implementation process was distributed at the meeting and an electronic version will be sent through the Executive Director's office.

Yield/Benefit of Tamarack Phase I subtask (W6-EXT)

Rick Brown reported that Colorado had provided information to the group in April and that the FWS still had some points for further clarification. Rick, Mark Butler, and Jon Altenhofen are planning to get together and identify the further issues and how they can be addressed. John Lawson commented that Jon Altenhofen has been developing a spreadsheet that can be used in addressing this topic and that he has agreed to get that information to the WMC prior to their August 21 workshop.

Tamarack Water "Exchanged" into EA (W7-EXT )

John Lawson noted that he would include this topic during his WMC report.

Federal Future Depletions Plan Subtasks (W9,10-EXT)

Mark Butler explained that W10-EXT is for federal depletions not covered under the states' plans. It is likely that most of these depletions will be very small (e.g., wildlife stock ponds). The FWS will provide information about future plans for these depletions to the WMC before the August 21 workshop. Mark reported that W9-EXT relates to depletions related to U.S. Forest Service forest management projects. The FWS has had three meetings with the Forest Service to review how the milestone fits into Forest Service management plans. Information will be provided to the WMC prior to the August 21 workshop. Mark and Bob McCue update the GC regarding work with the NRCS and the impacts of their conservation practices on flows. The FWS has concurred with the NRCS model that depletions equal accretion on an annual basis. This was only for the NRCS in Nebraska and Bob suggested that a similar process should be followed in Colorado and Wyoming. Interested parties should contact the NRCS in Nebraska for copies of the Biological Assessment and/or model.

Sediment Study Phase I Peer Review (C2c-EXT)

Dale noted that milestone C2c-EXT calls for peer review of the Phase I portion of the Parsons study by September 1, 2001. The process of identifying interested and qualified peer reviewers needs to start soon. The states reported that they have not had any discussion regarding what or how peer review should be conducted. The topic will be discussed at the August workshop with Parsons. The GC agreed that the Executive Director's office should begin the process of developing a request for qualifications to find interested peer reviewers. The Executive Director's office was asked to work with the states and EIS Team to develop a distribution list.

States/DOI Milestones

Wyoming - Mike Besson reported that Wyoming continues to work on their respective depletions plan milestone and other Extension milestones.

Colorado - Rick Brown reported that Colorado continues to work on their Extension milestones.

Nebraska - Roger Patterson reported that the state legislature has approved funding for a state economics analysis study.

DOI - Mark Butler reported that besides topics already discussed today, the DOI had distributed a revised Baseline Document in early June and will be working with the TC on a review schedule and process. The DOI has developed a draft process and schedule for beginning to "test the assumption" for pallid sturgeon. The document will be distributed to the TC and WMC for review and input before the July 25 TC meeting. Ralph commented that the FWS would be holding a public meeting in Grand Island tonight related to piping plover critical habitat designation.

GC Milestone Review (A2-EXT)

Dale distributed a table with all milestones listed in the Extension Document and their progress to date (see attached). Dale noted that several milestones were listed for completion in May that had not been completed yet (e.g., L1-EXT, Habitat Protection Plan). Charlene Dougherty noted that a delay in completion of the HPP would likely cause a slippage in completion of the Draft EIS. The HPP Task Force is currently waiting for completion of the Habitat Suitability and Alternative Habitat information being developed by David Little and Brian Barels, respectively. Brian explained that the states have been asked to provide comments by the end of July and that the documents will be to the GC in mid-August. It was suggested that the HPP Task Force utilize the draft documents available in mid-August, before discussion at the GC in September. Another suggestion was to have a workshop to discuss both documents and that a workshop could be set at the August Parsons meeting. It was decided that the FWS would work informally with Brian and David during the drafting process by July 31. The information resulting from the collaborative effort among Brian, David and Ralph will be distributed in mid-August for use by the HPP Task Force.

During discussion of W6-EXT and W7-EXT concern was raised that there are yield/benefit issues related to Tamarack but also institutional and legal consideration of protection of the water in Nebraska and any exchange into McConaughy. John Lawson reported that Jon Altenhofen would be providing information prior to the August workshop that will help address the yield/benefit issue but that he was unsure if the topic could be resolved in September. The GC agreed that any analysis of the yield/benefit of Tamarack should be conducted both assuming exchange into McConaughy and no exchange. Several people indicated that regardless of exchange, the issue has the potential to impact existing water users in Nebraska and coordination with the Districts will be needed.

The GC agreed to change the date of milestone A3-EXT (exchange of information) to completion of the Parsons study and the dates for milestones L1-EXT (HPP), L3-EXT (Land Policy), W1-EXT subtasks (NE Depletions Plan), W4-EXT (CO Depletions Plan) and W6-EXT (yield/benefit of Tamarack) to September.

Subcommittee Reports

Water Action Plan Committee - John Lawson indicated nothing new to report.

Water Management Committee

John Lawson, Water Management Committee (WMC) Chair, provided the report. John reported that most topics discussed at the July 12, WMC have already been touched on today. John explained that the WMC feels that they have fulfilled their review obligation under milestone W12-EXT for milestone W1, 2, and 4-EXT if no concerns are voiced after Mark Butler makes the latest revisions. More discussion is planned in August for milestones W6 and 7-EXT and the WMC is hopeful that these can be completed by September. The WMC discussed milestone W8-EXT, tracking and accounting, as part of a request from Dale Strickland for each committee to identify their potential database needs for the Program. Dale will use the information in developing a Program budget. The WMC plans to discuss and review milestones W6, 7, 9, and 10-EXT at their workshop August 21 at Denver Water.

States Meeting

Jim Cook provided the report. One topic not discussed already was an update presented by NPPD on activities at Cottonwood Ranch. Phase II, wetland swale construction and wetland restoration, is progressing and will be done this year. Phase I, island clearing and possible island leveling, has not begun. Phase I could involve liberating approximately 26,000 cubic-yards of sand into the active channel and could be considered a trial of the channel stability issue. There is not a detailed plan on how this would actually be accomplished but Jim noted that the work being conducted by Randy Parker would help monitor the impacts of the activity. Concern was raised regarding the potential liability for purposely introducing sand into the active channel. The idea of a workshop to discuss the liability issue so that all parties have a common understand was discussed. The issue will likely be included, at least in part, in the good neighbor policy being developed. Margot noted that this is a FERC license issue and that neither the Cooperative Agreement nor Program are directly involved in the management. The work is pending a US Army Corps of Engineers permit.

Land

Dale Strickland provided the report in the absence of Vernon Nelson and Rhodell Jameson, Land Committee (LC) Co-Chairs. Dale reported that the LC had not met since the June 20-21 Land Component Workshop. The next meeting is planned for August 15 in Kearney.

Technical Committee

Dale Strickland provided the report in the absence of Paul Tebbel, Technical Committee (TC) Chair. Dale explained that the last TC meeting was split into a field trip portion and meeting portion. The TC visited Cottonwood Ranch and had updates regarding the geomorphology monitoring and research and the vegetation monitoring activities. During the meeting portion the main topic discussed by the TC was the spring Whooping Crane Monitoring Survey with Gary Lingle, AIM Consulting. The TC asked that Gary work with the Executive Director's office in finalizing his report. The TC also discussed the storage of aerial photographs taken during the Cooperative Agreement. The GC raised concern that the original film should be stored at a location other than Horizons. The GC asked that the TC develop a recommendation on photo and film storage during the Cooperative Agreement. Dale also noted that the TC continues to implement the Tern and Plover Monitoring Protocol with the help of cooperators in central Nebraska. Dale explained that sandpits along one section were not surveyed this year and that this highlights the difficulty in using cooperators in implementing protocols. He stressed the need to insure that all elements of a protocol are covered when using cooperators during the First Increment.

Outreach Committee

Jerry Vandersnick, Outreach Committee (OC) Chair, provided the report. Jerry explained that the GC had asked the OC to draft information related to the spring whooping crane survey for a press release. Jerry indicated that there were several articles in local papers and that he believes the topic was sufficiently covered. Jerry noted that in the past the OC has had a booth at Husker Harvest Days in Kearney. The booth has had marginal effectiveness based on his observation. Jerry asked for GC input on whether or not the OC should have a booth and what the content should be if there is a booth. The GC recommended that the OC develop a description of what would be in the booth and get GC feedback via email on the content and whether a booth should be presented. The GC asked that a booth be reserved in anticipation that it would be needed.

Finance Committee

Rick Brown, Finance Committee (FC) Chair, provided the report. The FC approved an amendment to the Executive Director's budget for $111,715 and recommended that the GC approve the budget amendment. The amendment was in response to the Executive Director's participation in more meetings, workshops, and subgroups activities than was anticipated by the FC and GC when requesting a budget for 2001. The amendment is also in response to a request from Don Ament, GC Chair, for Dale Strickland to review the tasks that he performs for the Cooperative Agreement under his scope of work. On a motion by Mike Besson and second by Norm Demott, the GC approved the budget with the understanding that this was to support the Executive Director's existing activities and that subcommittees could request additional work of his office with other budget requests. The FC also discussed a crediting workshop based on a request from the Drafting Committee that the topic be addressed. The FC recognized that this was not on a critical path for NEPA or ESA review and decided to conduct the workshop after completion of the critical path milestones. The GC agreed with this approach.

Staffing and Structure Committee

Maryanne Bach, Committee Chair, reviewed the committee's meeting schedule and noted that they will be working on the good neighbor policy issue with a subgroup.

Drafting Committee

It was noted that the next Drafting Committee meeting would be in the morning of August 22.

Open Comment Period

No comments were expressed.

Future Meetings

Workshop with Parsons Engineering: August 20, Denver Water, Denver

Water Management Committee Workshop: August 21, Fish and Wildlife Service Office, Denver

Water Management Committee: September 12, Herschler Building, Cheyenne

Parsons Engineering Workshop: September 13, Herschler Building, Cheyenne

Governance Committee: September 14, Herschler Building, Cheyenne

Tentative October Workshop: October 18, Denver. Topic TBD

November Workshop: November 26, North Platte. Topic TBD

Governance Committee: November 27, North Platte

December Workshop: December 11 and 12, Denver. Topic TBD

Adjourn - 11:45 a.m.