Agenda and Minutes

Ralph Morgenweck, Governance Committee (GC) Chair, called the meeting to order. The agenda was modified to include public comment near the end of the meeting. The April Governance Committee (GC) minutes were approved as written.

EIS Schedule Update

Curt Brown stated that there have not been any changes to the EIS schedule since last reported on in April. The Draft EIS will be out in early November 2003, prior to release of the draft report from the NAS (see attached schedule). Curt indicated that they are working on including as much current analysis as possible (e.g., from the Peak Flow Analysis conducted by Hyrdosphere), but that their deadline for most Program information to be analyzed was March 2003. Several Colorado representatives indicated that it would be best if both the FWS and Colorado were comfortable with the peak flow analysis included in the DEIS otherwise the Program will be very difficult to sell in Colorado.

Concern was raised that the current schedule does not allow the GC to review the DEIS prior to public distribution. Ralph Morgenweck explained that the EIS Team and FWS conducted briefing to the GC last year and earlier this year on each section as an opportunity for the GC to see what was in each section and to provide input. The GC will work on resolving any remaining issues that may impact the EIS and Biological Opinion and analysis so that they can be inserted prior to draft distribution. It was noted that the GC will be provided copies of the DEIS as it is sent to the printer so they will have six weeks to review the document before wider distribution but changes to the document will not be possible at that time. Ralph agreed that he will investigate with the Department of the Interior personnel in Washington the possibility of conducting additional briefings with the GC as the Department conducts their internal review of the DEIS. This will afford the GC an additional opportunity for comment and input before the draft is printed.

Cooperative Agreement Extension

Roger Patterson moved that the Cooperative Agreement be extended to August 31, 2003. Don Ament seconded. The GC agreed by consensus to extend the Cooperative Agreement to August 31, 2003. The GC also requested that Larry Schulz, BOR, begin the process for extending the current contract with the Nebraska Community Foundation through March 31, 2004. The longer extension period was done so that if the GC ultimately extends through December 2003 that sufficient time will remain in the Nebraska Community Foundation to close out any remaining Cooperative Agreement expenses. Nebraska, Wyoming, Colorado, and the Department of the Interior will all need to sign this extension contract.

Negotiations of Remaining Issues

Identification of Issues

Ralph Morgenweck reminded the group at yesterday's workshop that Colorado had listed their seven issues they need resolved before completing the Program Document and/or entering into the Program's first increment. All other parties were asked to develop their preliminary issues for identification at the meeting. Each party presented their issues and agreed to send a written copy to the Executive Director's office by July 22, 2003. It was noted that some of the identified issues are "deal breakers" and others are of lower priority. Each party was asked to prioritize the issues into those that need resolution by November 1 and which ones can be dealt with later.

The Executive Director's office will distribute the compiled, unedited, lists to all parties on July 23. Each group will draft "principles" (NOT positions) for resolving each of the highest priority issues and send these principles to the Executive Director's office by August 1, 2003. This will be the topic of the August 18-19 Negotiating Team meetings.

Negotiation Team and Meeting Locations

Concern was raised that the current meeting format, location, and the number of participants are not conducive for negotiating the remaining issues. Options discussed for establishing a negotiating team included having just the GC members, GC members and alternates, or a GC member or alternate from each party and another person to be named. The GC agreed that the negotiating team would comprise the GC member or alternate from each party and one person to be named. The environmental groups will have three members. Each party will identify their negotiating team members to the Executive Director and he will distribute the list. It was noted that the person to be named could change for various meetings depending on the topics to be discussed. Concern was raised that the public would be excluded from the meetings. The GC agreed that this would not happen. The GC will also work on posting current documents on the Platte River web page, including meeting summaries/minutes, in a timelier manner.

The GC agreed that negotiating team meetings would be held in Denver, or at the location of GC business meetings. The GC agreed that business meetings would rotate between the three states.

Facilitation

Schedule

The GC generally agreed that they would commit and make the necessary time to meet an aggressive schedule in resolving the issues that each party identifies. The GC agreed that all issues should be resolved by November 1, 2003. This will be prior to release of the DEIS. To meet this aggressive schedule, the GC committed to writing the principles and agreements themselves.

Bridge Language

Deb Freeman reminded the group that a draft document prepared by Colorado water users and Denver Water had been reviewed and revised at an earlier workshop. The GC had generally agreed with the modified language at the workshop. The GC agreed that FWS and Denver Water should fold the language into negotiations they will have regarding bridge measures for Denver Water’s and others reuse projects. The GC asked that these negotiations occur in parallel with GC negotiations of issues discussed above.

Milestones, Regime of the River, Budget

The GC agreed that regime of the river will be one of the issues to be addressed by the negotiating team and the extension milestones and budget will be addressed prior to any extension beyond December 2003.

Dale Strickland stated that the Executive Director's office has remaining funds in their current budget for the approved extension through August 31, 2003, and requested GC approval to bill for this time period. GC agreed that the Executive Director's office has the authority to bill through August 2003.

Dale reported that the Technical Committee had requested that his office investigate options for taking digital aerial photography this summer. Two options exist for capturing this imagery: 1) the GC fully fund digital aerial photography at a cost estimate of $40,000 (this would insure that photographs are taken in 2003); 2) join a joint venture in Nebraska that may take digital aerial photography this summer at a cost estimate of $10,000 (it is not certain these photographs will be taken.) The GC agreed to pursue joining the joint venture. If the photography is taken this year they agreed to contribute up to $10,000.

Land Action Plan

Mary Jane Graham reported that a May 23, 2003, draft LAP and TABS was distributed through the Executive Director's office. Comments on this draft were requested. No comments from the GC were received, but one set of comments from outside the GC was received. The Drafting Committee will address the comments or tee them up for GC decision at the August meeting 030819g.htm. After the August GC meeting, the LAP will be forwarded to the Land Committee for review and comment. The Drafting Committee will distribute a revised draft containing all comments needing GC decisions prior to the August meeting.

NAS Update

A draft agenda for the August 11, 2003, public meeting was distributed.

Subcommittee Reports and Recommendations

Water Management Committee - John Lawson, WMC Chair, reported that the committee had not met since the last GC meeting, but that comments on the draft Colorado Depletions Plan and Federal Depletions Plan had been received. These will be forwarded on the respective parties.

Land Committee - Dale Strickland reported that no meetings have been held recently

Technical Committee - Clayton Derby reported that the TC continues to work on the draft IMRP for inclusion in the Program. Other TC items were discussed above.

Finance Committee - FC items were addressed above.

Drafting Committee - Items worked on by the Drafting Committee are discussed above.

Open Comment - Ron Klein, Colorado resident and Nebraska landowner, addressed the GC. Ron expressed concern that the Program will damage agriculture in Nebraska, Wyoming, and Colorado. Ron hoped that the GC will act honestly and truthfully in working through the remaining issues.

Duane Hovorka reported that the environmental groups met and considered the ramifications of a "two-state deal" instead of the current three states Cooperative Agreement and Program. A written position on this issue will be distributed.

Environmental Representation on GC

It was reported that the Environmental GC members would be Duane Hovorka, Felipe Chavez-Ramirez, and Dan Luecke. Environmental GC alternates will be Paul Tebbel and Carolyn Greene. The environmental groups will distribute an official letter to this effect to the GC.

Governance Committee Chair and Vice Chair

It was noted that the facilitator would run the negotiation team meetings, or the Executive Director if the facilitator cannot attend a particular meeting.

The GC elected Maryanne Bach as Chair and Don Ament as Vice Chair, by consensus.

Adjourn - 12:00 p.m.

Future Meetings

August 18-19 Negotiation Team Meetings, Denver, location TBD
August 19 GC Business Meeting 030819g.htm starting at noon, Denver, Location TBD