Final Minutes

Agenda and Minutes

Roger Patterson, Governance Committee (GC) Chair, called the meeting to order at 8:10 a.m. Roger asked that the group stand for a moment of silence to recognize the terrorist attack in New York and Washington. The GC thanked Harriet Hageman and Mike Purcell for hosting the previous evening's social. The GC thanked and recognized Don Ament, past GC Chair, with presentation of a plaque. No changes to the agenda were suggested. No changes to the July Governance Committee(GC) minutes were suggested and the minutes were accepted by consensus. Changes were suggested for the June 20-21 Land Workshop and they were accepted by consensus as modified.

May RPA sufficiency Meeting Notes

Roger stated that the GC had asked the Executive Director's (ED) office to develop notes for the meeting and that these were circulated for review and comments. Several sets of comments were sent in related to the notes. Jim Cook is attempting to address areas where several comments asked for changes to the same sections. When Jim has completed this it will be distributed to the GC through the ED office for consideration at their November meeting.

Open Comment Period - no comments were expressed

Channel Stability Review Update

Ann Bleed provided the report from the technical workshop between the Parsons Team, EIS Team, state representatives and others. Ann noted that the states, through Parsons, are working on evaluating the Channel Stability White Paper, and that Parsons are about to complete their review/discussion. At the September 13 technical workshop the group used a flip chart to state what the goals of the coordinated effort should be and to identify what factors affect the current river channel and how the Program might impact those factors. The flip charts will typed as a means to document the meeting. Ann noted that the group is considering the current channel and not a historic 1865 channel. The group is not looking at species requirements or habitat, but rather what the processes are that impact the channel. The upcoming schedule includes Parsons developing a list of hypothesis related to the river processes, a joint EIS Team-Parsons meeting on October 3 for a progress report, and an October 18 workshop with the GC to report what hypothesis should be tested or reviewed. At this point it is hoped that an outlined will be available to explain the channel stability issue in the Program document at the GC workshop. Parsons has been directed to focus on the coordinated effort to identify hypothesis and research/monitoring questions instead of the individual topic memos.

Dale Strickland provided the report from the September 13 channel stability policy workshop.

Like the technical workshop, the policy workshop will have their flip chart notes type for documentation of the meeting. The policy workshop focused on how to include the channel stability issue into the proposed Program. The policy group came to agreement that some channel stability items can be addressed through the water and land components. Other areas contain more uncertainty and these will be considered research issues. The technical group (Parsons, EIS Team, etc) will identify these areas of uncertainty and they will become part of the Integrated Monitoring and Research Plan (IMRP). If funds are needed above the current states contract with Parsons, the GC will provide them. The policy group agreed that at this time there would not be any peer review of the EIS Team White Paper or Parsons memos. These documents will used as resources and will become part of the administrative record. There will be peer review of protocol used to investigate the channel stability issue. After the October 18 workshop the GC will need to decide on the next step for incorporating information from the coordinated "channel stability paper" into the Land Action Plan, Water Action Plan, and IMPR. Margot Zallen noted that for the EIS and ESA review the final protocols are not required but that more information than is currently available will be needed for the analysis.

Concern was raised that the channel stability topic could become a public relations issue and the Cooperative Agreement may have to explain how and why channels will be widened. Ann Bleed noted that the technical group is not discussing species needs. They are only developing information such that if the decision is made to widen a channel, the understanding of how the channel could be widened will be developed. Mark Butler noted that the group is just discussing how to widen/maintain the river within the existing channel. Vernon Nelson, Land Committee Co-Chair, noted that he believes if the Program starts small with monitoring and research there likely will not be a problem.

Milestones

R1-1 Baseline

Dale Strickland provided the report. The Technical Committee (TC) has discussed the issue extensively in the past and has begun review of the May 30, 2001 draft developed by the FWS. The TC has agreed that this draft will be used as a resource to develop the final baseline document for completion of milestone R1-1 but will not be used as a Program document. The final baseline will be collaborative effort and will focus on the data available and methods used. The TC will coordinate the R1-1, R2-1, and R3-1 milestones.

R1-EXT Implementation of Protocols

Dale explained that the TC continues to implement GC approved protocols. This year the Tern and Plover Monitoring, Whooping Crane Monitoring, Cottonwood Ranch Research and Monitoring, and Aerial Photography protocols have been implemented. The TC is working with the National Wildlife Federation for continued implementation of Whooper Watch, which includes the ground survey portion of the whooping crane monitoring.

R1a-EXT Pallid Sturgeon Plan

Mark Butler reported that the FWS had developed a draft plan and that the TC and Water Management Committee (WMC) had reviewed it and provided comments. The FWS is in agreement with most comments and will be revising the plan for review again by the TC and WMC. When all parties are comfortable the FWS will conduct the analysis. Once that is complete the participants can begin to determine if the Program can impact the lower Platte and begin to look at the biology of the pallid sturgeon. The Executive Director's office has been asked to conduct a statistical review of the revised plan when it is distributed.

P3-1 First Increment Milestones

The Subgroup continues to review and revise the draft First Increment Milestone document. The next conference call is planned for October 10th at 9:00 a.m. MDT.

L1-Ext Habitat Protection Plan

The next meeting was scheduled for September 20th but will be reschedule for after October 2nd, the planned date for a states and FWS conference call to discuss the Land Component Policy Statement, Habitat Suitability Guidelines, and Non-Complex Lands. The Task Force working on the Protection Plan will use information from the conference call.

W1,2,4,-Ext State Depletion Plan Subtasks

Mark Butler reported that the Depletion Plan Subgroup has developed, and the WMC has reviewed, and flow chart and associated materials that describe the process that will be followed for typical depletions in each state during the Program. This information is meant satisfy the subtasks identified in milestones W1,2,4,9, and 10-EXT. Other portions of the depletions plans still need to be worked out. The chart and text will be distributed to the GC via the ED office for consideration at the next meeting. There was discussion regarding what constitutes a "typical" and "atypical" depletion. Mark noted that there is not a set depletion but that the states and FWS would work together to identify how or if larger project could fit within the states depletion plans. This same scenario will be used for federal depletions.

W6-Ext Yield/Benefit of Tamarack Phase I

A subgroup has been developed but most members have been working on other areas and milestones. The subgroup will update a spreadsheet developed by Jon Altenhofen and populate the spreadsheet with data to forecast flows at Grand Island. A new target date of October 15, which has been identified as early enough for the EIS Team to incorporate into their analysis, has been identified. The subgroup will work with Mark Butler to provide information to the EIS Team. The WMC will review the information as part of W12-EXT at their next meeting.

W7-Ext Tamarack Water Exchange

The EIS Team will analyze Tamarack both with and without exchange into Lake McConaughy. The WMC views this milestone as complete.

W10-Ext Federal Depletion Plan Subtasks

Mark Butler reported that federal agencies are developing a federal depletion plan with the FWS that will be used for federal projects when the projects are not for state purpose (e.g., wildlife water development.) Mark anticipates only small federal depletions but any atypical projects will be dealt with on a case-by-case basis. The plans will also document the current types of activities occurring on federal lands (i.e., baseline). The federal plans anticipate working with states within their respective depletion plans to provide water. If this is not possible the responsible federal agency will need to mitigate any depletion.

W9-Ext Forest Service Depletion Plan

Polly Hays, USFS, reported on developed of the Forest Service's depletion plan. They have found that other parties initiate about 95% of activities on Forest Service land. The remaining 5% are Forest Service activities such as campgrounds. The Forest Service plans on keeping forest plans separate from the direct water activities and to looking at how they impact water yield. The group was reminded that the flow chart developed by the depletion plan subgroup is for impacts on pulse flows/subtasks for both the states and federal agencies. Full depletion plans are scheduled for completion in July 2002.

C2c,d,f-EXT Channel Stability Subtasks

The policy group decided that peer review of the Parsons memos would not be done at time so milestone C2c-EXT is no longer relevant. The coordinated process outlined by the technical and policy groups (i.e., development of hypothesis and research/monitoring during meetings in October) will help address milestones C2d-EXT and C2f-EXT.

State and Federal Milestone Reports

Mike Besson report that no change in Wyoming's milestones. Don Ament reported no change in Colorado's milestones. Roger Patterson noted that Nebraska could have budget problems for completing their land use survey and economical analysis. Mark Butler reported that DOI milestones were covered previously.

Subcommittee Reports

Water Management Committee

Dale Strickland provided the report in the absence of John Lawson, WMC Chair. The WMC spent the majority of its meeting reviewing milestone information as part of W12-EXT. These milestones were discussed above (e.g., depletion plan subtasks). The WMC received an update on the Adaptive Management subgroup meeting with the Drafting Committee and technical representatives. The WMC believe that there are few place for adaptive management in the Water Action Plan outside of how some projects are operated.

States Meeting

Mike Besson provided the report. The main topics discussed that the States meeting were the Channel Stability issue, RPA meeting notes, and agenda items for upcoming state meetings (e.g., fair share).

Land Committee

Rhodell Jameson, Land Committee (LC) Co-Chair, stated that representatives from the sand and gravel industry want to give a report and meet with the GC to give input on the possible impact of the Program on their industry. Carl Roberts, Lyman-Richey Corporation, would provide the report. They are concerned that their interests were not accurately reflected in the 3rd party impacts study. Rhodell did note that the sand and gravel industry did not respond to surveys sent by Hazen and Sawyer when conducting the study. The GC agreed that the topic should be on the next agenda. Vernon Nelson, LC Co-Chair, noted that Carroll Sheldon has requested at LC meetings that a review subgroup be formed and will be making the request to the GC in the future. Roger noted that the Cooperative Agreement has a peer review process and that a letter would be sent to Carroll explaining the process. Both Vernon and Rhodell noted that piping plover critical habitat designation has people in central Nebraska concerned and confused. An update will be given at the next GC meeting and information will be distributed via the LC newsletter.

Technical Committee

Dale Strickland provided the report in the absence of Paul Tebbel, TC Chair. The TC discussed the draft Pallid Sturgeon Plan, protocols, and baseline at their last meeting. Dale noted that the Pallid Sturgeon Plan was already discussed today. The TC spent the most time discussing the fall whooping crane survey and arrived at a consensus protocol. A funding proposal will be presented during the Finance Committee report. The TC identified baseline sections for review at their next meeting.

Outreach Committee

Lynn Holt provided the report in the absence of Jerry Vandersnick, Outreach Committee (OC) Chair. The OC provided a display discussing the Cooperative Agreement at the recent Husker Harvest Days. The GC had reviewed the display previously via email. Any information for distribution in the LC newsletter should be forwarded to Autumn Kowalski.

Finance Committee

Rick Brown, Finance Committee (FC) Chair, provided the report. The FC is working on a summary table for displaying Cooperative Agreement expenditures and funds available. Currently the Cooperative Agreement has approximately $940K unallocated for implementation or demo project, monitoring, research, etc. The FC proposes conducting a financial audit of the Executive Director's office for years three and four (those with Nebraska Community Foundation involvement). The auditor will review approximately 25% of funds and general financial procedures for a cost of $1,500. Don Ament moved to approve funding and Mike Besson seconded. The funding was approved by consensus. The FC also discussed, and recommended approval by the GC, a TC proposal to have the Executive Director's office conduct a fall whooping crane survey between October 17-November 10, 2001 for a cost not to exceed of $63,300. The TC proposal included a consensus protocol. If funds are available after November 10 and whooping cranes are still in the area the Executive Director's office will continue to monitor the birds. Brian Barels moved and Ralph Morgenweck seconded approval of funding. GC approved by consensus.

Drafting Committee

Margot Zallen reported that the Drafting Committee met with technical representatives and discussed how to incorporate the adaptive management into the Program document and the need to clearly define adaptive management related terms. A review of the Cooperative Agreement and proposed Program show that adaptive management is used incorrectly in several locations.

Dale Strickland was asked to develop an example of how biological response is measured in regard to a managed activity (e.g., whooping crane response to channel widening) and to identify the necessary decision points for adaptive management. The group plans an October 19 meeting in Denver.

Structure and Staffing Committee

The Structure and Staffing Committee met in Denver and discussed a straw dog proposal developed by John Lawson and Dale Strickland. The group is working on appropriate parts of the draft for incorporation into the Program document (e.g., staff/committee relationships). Other materials will be separated for specific staffing functions and staffing plan. The Good Neighbor Policy was delegated to Structure and Staffing Committee. The committee has gathered information on existing land owning entities in Nebraska and is drafting a process for implementation of a concise policy statement. No other examples of a good neighbor policy were found in Nebraska. Rhodell Jameson and others noted that it will be important to get input from neighbor landowners prior to management and for landowners to know who to contact if there is a problem. An October 11th conference call is planned to review the draft policy and process/procedure documents.

Open comment

Vernon Nelson noted that a request was received at the last LC meeting that future Nebraska GC meetings be held in Kearney.

Future Meetings

Channel Stability Technical Group meeting - October 3, 10 a.m., Denver

Governance Committee Channel Stability Workshop - October 18, 10 a.m., Denver

Water Management Committee - November 13

Governance Committee - November 26-27, Gering/Scottsbluff, Nebraska

Governance Committee - December 11-12 - potential workshop dates, Denver

Governance Committee - January 15-17, Denver.