Final Minutes
Platte River Governance Committee Meeting
Opening Remarks
Ralph Morgenweck chaired the meeting and welcomed members and guests.
Review of April 21 Meeting Notes
Minutes of the April 21, 1998 Governance Committee meeting were reviewed. Jim Lundgren questioned the part of the minutes concerning the Land Committee 's charge to prepare a Charter. He was asked to provide specific comments to Dale Strickland. The minutes will be revised and presented for approval at the July 22 meeting.
Executive Director Report
Stationary and Business Cards - Executive Director Dale Strickland discussed the draft stationary he circulated for review. The stationary was adopted as modified based on review comments from the Outreach Committee. Dale will have business cards with a similar appearance. Dale announced that he has a toll free phone number for his office and the number will be placed on the stationary and business card. The number is 877-634-1773.
Governance Committee Website - Dale proposed that the Governance Committee utilize the website, constructed for the Governance Committee by the Bureau of Reclamation, for posting of committee information of potential interest to the public. Concern was expressed that the website should look like the Committee 's site and not a federal government site. Dale was asked to work with the Outreach Committee and the EIS Team office on possible modifications to the site and material that should be placed on the site.
Cooperative Agreement Annual Report - Dale indicated his plans for an annual report on Cooperative Agreement activities. He plans to present the first report at the July Governance Committee meeting. He requested comments on potential content for the report from committees and subcommittees by June 16. Dale will present a draft of the report to the Outreach Committee for their review prior to the July meeting.
Interaction With Other Similar Efforts - Dale suggested that he explore opportunities for interaction with individuals involved in efforts similar to the Cooperative Agreement. Patty Beneke suggested the South Florida Ecosystem Restoration Task Force and CALFED Bay/Delta Program as two possibilities. Ralph indicated that this is just one example of the type of activities that will come up requiring the ED 's time. The Governance Committee agreed that Dale should have an initial meeting with the ED 's working on the above efforts. It was also agreed that he will base the need for substantial additional contact on the results of this initial meeting. Several committee members expressed interest in having the ED 's attend a future Governance Committee meeting.
Land Management - Dale recommended that he work with the Land Committee to identify a possible speaker for the July Governance Committee meeting regarding organizational and business considerations in establishing and managing lands resulting from the Cooperative Agreement. Jim Lundgren agreed to work with Dale to identify the appropriate entity to invite to the July or a subsequent meeting. Ralph Morgenweck indicated the Fish and Wildlife Service will cover the costs (estimated at approximately $1,000) for bringing this individual to the meeting.
Governance Committee Budget - Dale presented a draft spreadsheet showing program contributions and approved expenditures to date. The spreadsheet indicated that sufficient money exists for current proposed expenditures but illustrated the limited spending flexibility for any additional spending. The Water Conservation Supply Study account in all three states has a balance remaining once the contract is signed with Boyle Engineering. The states indicated it might be possible to use this remaining spending capacity for other Cooperative Agreement activities. Ralph indicated that the parties to the agreement need to find a more efficient way of dealing with money. Don Krause suggested adding an expense column to the spreadsheet. Dale was asked to refine and clarify the budget and include it in his annual report.
Subcommittee Reports
Water Management
John Lawson reported the committee 's discussion of Colorado 's three milestones and the accretion/depletion tool presented at a workshop in Denver, May 14, 1998. Based on comments from committee members a recommendation from the Water Committee was delayed. John requested further comments by June 12. John, on behalf of the Water Committee, will make a recommendation to the Governance Committee at the July 22 meeting.
John reported that he and Dale had continued to work with Boyle Engineering on the draft schedules and deliverables for the Water Conservation Supply Study. John went over the proposed schedule (attached) and clarified that the original schedule that Boyle bid on will be followed and not the accelerated schedule the discussed by committee. John introduced Blaine Dwyer of Boyle Engineering. The Water Committee had an extensive discussion with Blaine regarding the proposed schedule and the amount of effort necessary from the committee to allow Boyle to meet the schedule. Dayle Williamson asked if states can meet schedules. John pointed out the schedule assumes a May 11 startup and we are already behind.
W14-1 Subgroup - Meeting the W14-1 milestones is integral to Water Conservation Supply Study. The committee has selected the 1975-1994 time period as a baseline for defining methodology to be used for defining hydrologically connected ground water. This period includes environmental conditions from very dry to wet with little new development. The committee will have a white paper describing the basis for selection of 75-94 period by the July Governance Committee meeting. John indicated that other analysis may have a different baseline (e.g. Pathfinder Enlargement). Boyle will provide a recommendation on methodology to be discussed at Workshop #2 during their study. The Water Committee will make a recommendation to the Governance Committee on methodology following the workshop.
Lag/Loss Subgroup - Bureau of Reclamation has a lag/loss model for the North Platte River. The North Platte includes loss factors and models the effect of reservoir operation on the river to LeWellen. John suggested the committee may need a simpler tool for the entire river basin. Colorado will build a water balance spreadsheet for the South Platte River that could be used on the North Platte. The subgroup will evaluate options and select a common tool. The subgroup will make a recommendation to the Water Committee on July 21 on what tool should be given to Boyle.
Land Committee
Jim Lundgren circulated minutes from the last Land Committee meeting, a draft of the Habitat Criteria, and a draft budget. Jim had earlier circulated a draft Charter for review.
Mapping Subcommittee - Co-chairman Joe Jeffery presented a map showing ownership of lands within the critical habitat river reach. Joe indicated that, if the 29,000 acres proposed to be acquired under the proposed program are taken from within one mile of the river, 45% of the land in this two mile wide corridor from Lexington to Chapman would be in private ownership with a conservation management objective or public ownership.
Habitat Criteria Subcommittee - Jim indicated that the subcommittee had received comments on the draft Habitat Guidelines and is ready to develop the technical phase. Ralph indicated that the Service would be uncomfortable using points instead of acres without some experience with the
concept. He indicated the Service feels it is essential that the first increment of land acquisition must result in a minimum of 10,000 acres brought into the program. It was noted that other parties had comments and Jim agreed to accept additional comments and requested they be forwarded by June 30. Comments are to be copied to other Governance Committee members.
Charter - The draft committee charter received considerable comment. It was agreed that the charter reasonably reflected, with a few minor changes, the land based milestones in the Cooperative Agreement. However, it was also noted that the agreement is unclear in some areas, that some milestones may be in need of revision, and that a decision is needed regarding which land based milestones are to be entirely delegated to the Land Committee. It was also pointed out that the relationship between pre-program and program milestones needs to be identified. Finally, there was concern expressed that the Land Committee structure did not provide for adequate participation by all members of the Cooperative Agreement. Ralph stressed that issues need to be resolved, as much as possible, at the committee level and urged that the committee be structured to insure participation by all parties to the agreement. There was considerable discussion on how committee decisions should be made. Dale recommended that the committee reach consensus on technical issues and elevate policy issues to the Governance Committee. The Governance Committee has rules for decision making on policy issues in the Cooperative Agreement.
Ralph suggested that a smaller group work with the Land Committee to review the land based milestones to identify necessary modifications. Ralph asked Dale Strickland to act as convener of the group. The "Land Based Milestone Review Group" will consist of Dale Strickland, Margot Zallen, Doug Robotham, Mike Besson, Mary Jane Graham, Deborah Freeman, Joe Jeffrey, and Jim Lundgren. The group was asked to evaluate land milestones given existing conditions so that the Land Committee can re-draft their charter by the July 22 meeting.
It was also suggested that the charter clarify the relationship between the Land Committee, the Monitoring and Research Committee, and the EIS Team.
Third-party Impacts - Jim indicated the Land Committee has a draft scope of work. Jim is working with the EIS Team to share data. Jim requested suggestions on the scope of work and gave an example of potential impacts such as increasing value (taxes) on remaining private land and created wetlands increasing the water table on neighbor.
Several issues were raised including the inconsistency in the Cooperative Agreement among year 1, 2 and 3 milestones, the need to keep landowners engaged, the need for Wyoming and Colorado involvement, the need for coordination with third-party impact studies being conducted by the Water Committee, and the need to coordinate Land Committee and EIS Team data collection.
Ralph reinforced the need to understand third-party impacts for DEIS and for communicating the program to the public. Once impacts are identified we must then decide what we do about them. Ralph suggested a small group develop what we need for analysis of third-party impacts for land activities under the program. He suggested the Bureau of Reclamation issue a contract to collect data (i.e. develop universal scope of work). This pool of data would then be used by the EIS Team, and the Land Committee to estimate the magnitude of third-party impacts.
Ralph appointed a committee to work with the Land Committee on developing a study plan for a third-party impacts study. The committee consisted of Dale Strickland, Brian Barels, a representative of Colorado, Nebraska, John Jackson of Wyoming, a federal representative, and Jim Lundgren.
Budget - Jim presented a draft budget for consideration. After considerable discussion it was decided to delay any action on the budget
until the Land Committee Charter is approved by the Governance Committee. Regarding reimbursement of travel expenses, Dale was asked to draft a policy for the Governance Committee to consider for adoption at the July meeting. The policy will relate to all committees and subcommittees, not just the Land Committee.
Monitoring and Research
Dale Strickland handed out a draft of Peer Review Guidelines for review by the Governance Committee and subcommittees. Comments were requested by June 17 and should be sent to Jay Maher with a copy to Dale. The Executive Director will act as a Peer Review Coordinator, and will be assisted in this task by Greg Johnson on the WEST staff under the direction of the Executive Director. A final draft of the guidelines will be presented to the Governance Committee for their approval, possibly by the July meeting. Ralph pointed out advantages and disadvantages of peer review. Peer review can bring credibility to an effort or document. However, some reviews are poorly done. He indicated the committee needs priorities and categories for peer review.
Outreach Committee
Chairman Jim Cook indicated the committee has yet to meet. However, the committee reviewed the Executive Director 's proposed stationary. Jim will set up a conference call with the Outreach Committee and Executive Director to discuss an outreach plan. The committee will prepare a draft of the outreach plan for review by the Governance Committee and subcommittees.
Reports on Milestones
Status of EIS Effort - Curt Brown indicated a summary of scoping comments is available. Curt asked for any additional comments by June 20, 1998. A final report will be produced following review of comments. The Bureau of Reclamation and U.S. Fish and Wildlife Service, as joint leads for the PEIS effort, have decided to limit designation of Cooperating Agencies for the PEIS to Federal Agencies. The cooperating agencies are: U.S. Department of Agriculture, Forest service and Natural Resources Conservation Service; U.S. Environmental Protection Agency; U.S. Army Corps of Engineers; U.S. Geological Survey; and, Department of Energy, Western Area Power Administration. Requests for formal cooperator status by Carbon County, WY, the Medicine Bow Conservation District, and Central Colorado Water Conservancy District have been denied.
Data collection is underway, with Bureau and Woodward-Clyde staff, and in coordination with the Land and the Water Committees. Curt is also holding discussions with the Land Committee regarding the identification of third-party impacts related to land acquisition. Curt indicated he is referring public inquiries regarding the Cooperative Agreement and the Governance Committee to Dale.
Section 7 Formula Subcommittee Proposal - Mike Besson indicated the subcommittee held a conference call on May 26 to discuss a letter written by Doug Robotham. He is waiting for the U.S. Fish and Wildlife Service to respond in writing to questions raised during the call. Discussion of the Service 's response will continue at the Committee level.
Update Discussion of Credits from Expenditure of Funds
Doug Robotham recommended a small group develop a draft policy to keep in front of the Governance Committee as an agenda item. Doug feels that this issue is a potentially large problem. Doug is still waiting for more comments on his discussion document. Doug recommends the Governance Committee adopt a policy on accounting of credits up front. He will review comments and report back at the September meeting.
Governance Committee Response to Accretion Depletions Assumption in Colorado 's Future Depletion Plan
Given the Water Committee comments, the Governance Committee delayed a decision on the completion of Colorado 's milestones. Doug Robotham asked for comments to be focused on Milestones.
Selection of New Governance Committee Chair
Dayle Williamson - Nominated Ralph Morgenweck as Chair and Mike Besson as Vice Chair. The two were elected by acclamation.
Future Meetings
July 22 - Kearney, Nebraska; September 2, Cheyenne, Wyoming; and October 7, Denver, Colorado