Final Minutes
Governance Committee Meeting
September 19, 2002
Crystal Inn, Denver, Colorado

Ralph Morgenweck, Governance Committee (GC) Chair, called the meeting to order at 8:35 a.m. No changes to the agenda were suggested. The July Governance Committee (GC) minutes were approved as written.

Open Comment Period - No comments were expressed.

GC Workshop Update

Dale Strickland provided the update. During the workshop on July 18, the GC received presentations on Wyoming's and Nebraska's draft new depletions plans. The GC also discussed the proposed National Academy of Science (NAS) review of the science associated with the four target species (see discussion below).

NAS Review

John Keys, U.S. Bureau of Reclamation, stated during the July 18 workshop that the DOI is in support of the NAS review of the science related to all four target species. Initially, the DOI was proposing just a review for the three avian target species, but after GC input agreed that a review of all four species was appropriate. The review will occur concurrently with development of the draft EIS and BO as well as the public comment period for the draft documents. The DOI needs support for finishing the DEIS and BO in a timely manner. Mr. Keys also indicated that the DOI will need cost sharing, but they will sponsor the review. A draft scope of work will be distributed to the GC by the week of September 27. The NAS subgroup will review the scope and outstanding issues will be identified for resolution at the October 17-18 GC workshop. Notes related to the discussion and decisions made at the July 18 workshop were distributed for review and comment and finalized at the meeting (see attached).

Protocol Peer Review

Dale noted that the GC told the Technical Committee (TC) to move forward on peer reviewing individual protocols, and this is beginning. In the past, the TC has also considered peer review of the IMRP. Some believe that it would be good to include the IMRP as part of the NAS review and others believe that it would be better to use information from the NAS review to insure the correct monitoring and research questions are addressed in the IMRP. The GC will wait until the scope of work for the NAS review is completed to determine the status of the baseline or IMRP relative to the review.

Milestones and Subtasks

Nebraska Depletions Plan (W1-EXT)

Jim Cook stated that Nebraska's draft depletions plan was discussed at the September 18 workshop and will be discussed in more detail during the afternoon workshop on September 19. Comments on the draft are due by October 15.

Wyoming Depletions Plan (W2-EXT)

Wyoming's draft depletions plan was also discussed at the September 18 workshop. Written comments are due by October 15.

Colorado North Platte Depletions Plan (W3-EXT)

Colorado's draft North Platte depletions plan is currently being reviewed by the Water Management Committee (WMC).

Federal Future Depletions Plan (W10,11-EXT)

The draft federal future depletions plan is currently being reviewed by the WMC.

Forest Service Vegetation Management Plan (W9-EXT)

The Forest Service's vegetation management plan is currently being reviewed by the WMC.

Pallid Sturgeon

The pallid sturgeon issue will be discussed during the workshop on September 20, 2002.

Habitat Protection Plan (L1-EXT)/Land Action Plan (L6-EXT)

The GC asked for a schedule to complete to Habitat Protection Plan (HPP) Land Action Plan (LAP) in July. Margot Zallen noted that because of health and work issues the Drafting Committee has not been able to devote time to the topic as planned. The Drafting Committee plans to work on the document and then have a quick review by the Land Committee co-chairs before going to the larger group. Margot also explained that the Drafting Committee plans to reference to IMRP for the details regarding channel investigation activities and adaptive management issues (e.g., how particular management actions are modified, increased, abandoned, etc). Rick Brown commented that it is important to capture the channel investigations as research and not management.

First Increment Milestone (P3-1)

Colorado and Nebraska continue to work on how Tamarack water will be protected in Nebraska, if it needs protection, and which party will pay for any permits needed. The GC approved the First Increment Milestones Document with language remaining in the document identifying the issue of protection of Tamarack water as unresolved.

Milestone Status Report

Dale reported that his office is updating the status report to include all original 1997 Cooperative Agreement milestones as well as the extension milestones.

Subcommittee Reports

Water Management Committee

John Lawson, WMC Chair, provided the report. The WMC drafted and approved a preface for the water section in the white binder, as requested by the GC. The WMC is also working on reviewing a draft narrative to go along with the current flow chart identifying how water projects will move through Section 7 consultation in a Program. Both items will be distributed via the Executive Director's office for inclusion in the white binder. The WMC continues to work on the Pallid Sturgeon Hydrology Plan. Another item discussed during the previous WMC meetings was the draft Instream Flow Definitions provided by the FWS. The WMC has not agreed on whether they will recommend the inclusion of these or other definitions as a part of the Program document or its attachments. It was noted that the Program Document references the Definitions and that they are also included as terms to be defined within the glossary. The final items discussed by the WMC were the Colorado North Platte depletions plan, federal depletions plan, and USFS vegetation management plan. These three items are currently undergoing technical review by the WMC. The GC agreed that the WMC should continue with these reviews. There was some discussion regarding whether or not state or federal depletion plans should include programs that impact current irrigation practices through conservation measures. For example, some federal programs subsidize irrigators to convert from flood irrigation to pivot irrigation. This measure may impact return flows to the river. The GC was unclear whether this should be a Program issue, but agreed that an informative presentation and discussion on the topic at a later workshop may be warranted.

States Meeting

Topics discussed at recent States Meetings were discussed previously today.

Land Committee

Dale reported that the Land Committee has not met since the last GC meeting.

Technical Committee

Paul Tebbel, TC Chair, reported that the TC had discussed the pallid sturgeon monitoring and research plan and this will be discussed further at the September 20 GC workshop. The TC received a presentation from Felipe Chavez-Ramirez regarding testing of radar technology to detect whooping crane migrating into the central Platte region. The TC recommended, and the GC agreed, that if requested Dale Strickland write a letter of support for the project to aid Felipe in seeking funding. Other topics discussed by the TC included tern and plover protocol implementation and the draft IMRP. It is anticipated that a draft IMRP will be available for review by the Drafting Committee and others by November 1.

Paul reported that the TC also discussed monitoring and research efforts at Cottonwood Ranch. John Shadle provided an update on planned management activities at the Ranch and noted that some sediment would be introduced into the channel through tern and plover habitat work as well as other activities. Dale noted that the TC generally agreed that the management efforts planned at Cottonwood Ranch for this fall/winter constitutes a first step in implementing efforts identified through the Parsons-EIS Team. The effort is not strictly sediment augmentation but it is a substantial river modification project (i.e., tree clearing, removal of snags, tern/plover habitat creation, backwater construction). The currently funded monitoring and research effort, being implemented by the USGS, will provide 2-plus years of pre-treatment data. The TC is discussing future research needs, level of effort, budget, etc. to obtain needed post-treatment data.

Outreach Committee

Ralph Morgenweck noted that Jerry Vandersnick, Outreach Committee (OC) Chair, had left his position with the Nebraska Department of Natural Resources. The GC agreed to discuss the future role and function of the OC at a future workshop. No new OC chair was announced.

Finance Committee

Dale Strickland provided the report. The FC received an update on selection of Greystone Environmental Consulting to implement the whooping crane monitoring protocol in fall 2002 for $76,500. The FC recommended GC approval of a proposal for $15,000, plus 10% contingency, for taking black and white aerial photography in the fall-winter of 2002/03. Maryanne Bach moved, Roger Patterson seconded the motion, and the GC approved the proposal. Other items discussed at the FC meeting included a "heads-up" regarding a possible TC budget request to continue development of monitoring protocols and an update on how the FC plans to move the crediting/exit strategy issue forward. Comments on the current draft FC charter, provided by Mike Besson, are due October 14. Any unresolved issues will be brought to the GC at their October 17-18 workshop. Dale noted that the FC identified the need to begin discussions regarding any Cooperative Agreement extension, extension of the Nebraska Community Foundation contract, and additional funding at an upcoming workshop. Larry Schulz reported to the FC that Parsons Engineering had been asked to provide a detailed invoice describing when work was done, personnel time, and direct expenses as a means to identify what expenses should be covered by the Governance Committee.

Structures Committee

Maryanne Bach, Structures Committee Chair, reported that the subgroup's position is that the Structures Document is ready for GC review and transfer to the Drafting Committee for any final modifications. Maryanne noted that the document identifies the need for the water user groups and environmental groups to provide a written description of how their GC members and alternates will be selected. There was some discussion regarding the discrepancies between the current FC Charter and Structures Document, as well as wording issues in a few areas. The GC agreed that the Drafting Committee could address these items during their review. The GC agreed to accept the subgroup work product and move the Document to the Drafting Committee. This action also dissolved the Structures Committee. All future reviews and action related to charters will go through the GC and not the Structures Committee.

Drafting Committee

All topics being worked on by the Drafting Committee had been covered previously during the meeting.

Open comment - Duane Hovorka asked that an update on the EIS, BO, and FWCA schedule be provided. Curt Brown noted that it would be provided during the workshop on September 20.

Adjourn - 11:30 p.m.

Future Meetings

October 17-18: Governance Committee workshop, Crystal Inn, Denver

October 30, 31, and November 1: Governance Committee workshop, Crystal Inn, Denver

November 14-15: Governance Committee meeting and workshop, Scottsbluff, Nebraska

December 10-11: Governance Committee workshop, Denver

January 13-14: Governance Committee meeting and workshop, Cheyenne, Wyoming