Opening Remarks
Chairman Ralph Morgenweck called the meeting to order. Introduction of Governance Committee members and audience attendees followed. An attendance sign-in sheet is attached.
Special Presentation
Chairman Morgenweck presented a letter and plaque to Jim Lochhead to recognize Jim's previous involvement in the MOA negotiations and as Colorado's representative on the Governance Committee.
Approval of September 2 Meeting Notes
Dale Strickland read some suggested changes to the draft minutes. The September 2, 1998 minutes were then approved, as amended. A copy of the final minutes is attached to these draft minutes.
Executive Director Report
Executive Director Dale Strickland handed out copies of the final ô1975 to 1994 Time Period Justificationö from the Water Management Committee.
Dale reported that there had been some requests for reimbursements of out-of-pocket expenses. He emphasized that the reimbursement forms should be filled out properly. Dale will be making some reimbursements in the next few days.
Dale mentioned that he had been contacted by Tim Loewenstein (Buffalo County, NE Supervisor) regarding a meeting in Cheyenne tomorrow (October 8) with Dale, Tim, and representatives of the Budd-Falen law firm that is helping the eight counties in central Nebraska develop land use plans. The Governance Committee discussed the merits of the meeting. The conclusion was that, since this would be a preliminary meeting for the purpose of information exchange, that Dale and Jim Lutey would attend the meeting.
Committee Reports
Water Management Committee
Committee Chairman John Lawson reported that the Committee has been very busy working with Boyle Engineering on the water conservation/supply study. A workshop was held on September 16 on "screening criteria." John briefed the Governance Committee on the nature of the criteria and rating process being proposed.
The Water Management Committee had another workshop on September 17 on "third party impacts." Boyle is not doing a quantification analysis but rather is using third party impacts as a screening tool. Boyle is looking for the relative magnitude of impacts of different alternatives. There is close connection between Boyle's work and the EIS Team on data gathering. A process was developed for coordination between Boyle and the EIS Team on data needs.
The Water Management Committee met on October 6, which included coordination between Boyle's work and that of the Water Committee. One issue is whether there is a funding cap on water conservation/supply alternatives that should be used to screen alternatives. John said this would need to be discussed further with the Executive Director.
The W14-1 subgroup has been working hard to develop information to provide to Boyle. They are very close to resolution on how to handle hydrologically connected groundwater. Another workshop will be held on October 15 on "water budgets." There will be a workshop in February 1999 on the "short list" of water conservation/supply alternatives. Boyle is on schedule assuming the Water Committee provides the necessary data in a timely manner.
There was discussion by the Governance Committee on a "listening session" regarding third party impacts of water-related activities. The Water Committee could not come to consensus on whether the Water Committee should lead this session or if it should be an outreach effort. Dale will contact individual Governance Committee members to get their feelings on the approach for the listening session.
The Water Committee is reviewing a draft charter and has until October 23 to provide comments to the Chairman. A draft charter will be presented at the November 18 Governance Committee meeting. Also, the Water Committee will be presenting a budget to the Executive Director very soon. The next Water Committee meeting will be on November 17 in Kearney.
Land Committee
Co-chairman Vernon Nelson reported that a draft budget had been developed and will be presented at the next Governance Committee meeting. There will be an official Land Committee meeting on November 16 in Grand Island Nebraska.
Co-Chairman Rhodell Jameson mentioned that the draft charter would be presented to the Land Committee at their next meeting. Jim Cook and Doug Rebotham will meet with Vernon and Rhodell regarding the charter before the next Governance Committee meeting.
Rhodell indicated that the 1-hour KRVN radio program last month went well.
Jim Lundgren reported that the I&E Subcommittee encourages an outreach office be staffed in central Nebraska and that this item is included in the draft budget for the Land Committee. He said the Habitat Criteria are continuing to be refined by the subcommittee. He expressed concerns from the Mapping Subcommittee chairman that mapping protocols had not been developed. Curt Brown indicated a need for more guidance from Larry Wells, mapping Subcommittee Chair, on what his specific concerns.
The Land Ownership Entity Subcommittee plans a workshop near the end of the year. The subcommittee has requested funds for a facilitator for the meeting.
There was discussion about the tax issue related to habitat acquisition. The Governance Committee agreed that the intent of the Cooperative Agreement was not to shift tax burdens to adjacent landowners or communities. It was also agreed that the Land Committee needs to identify alternative methods of offsetting taxes and where the money might come from.
Monitoring and Research/Technical Committee
Committee Chairman Jay Maher provided a brief report on the Monitoring Workshop held in Kearney, Nebraska on October 1-2. Approximately 50 people attended the workshop. There was some discussion on the scope of the monitoring program. Another workshop will be held tentatively on December 10-11, 1998 or January 5-6, 1999. The next Technical Committee meeting will be on October 21 at the University of Nebraska-Kearney. The Technical Committee will draft a charter that will include identification of membership.
Outreach Committee
Committee Chairman Jim Cook reported that a budget for the committee would be developed by November 1, and he will try to involve I&E people from various agencies. The committee is developing Questions and Answers for various issues that need to be addressed. He brought up the issue of "Program outreach" vs "State outreach"; often hard to distinguish a clear line between them.
The Outreach Committee had been asked to determine whether draft or final committee minutes should be posted on the website. The majority of the Outreach Committee believed that draft minutes should be posted with a disclaimer. However, some believed that only final minutes should be posted. After discussion, it was agreed that minutes should be more Aaction items@ rather that discussion of who said what, and that with a disclaimer, draft minutes could be posted on the website. Mary Jane Graham will draft language for the disclaimer on draft minutes.
Finance Committee
Committee Chairman Mike Besson reported that the Committee met on October 6. The Bureau of Reclamation will commit $2.5 million from DOI to the Governance Committee for operating expenses (A total of $3.8 million would be available, including the state's share). DOI and Colorado want a line item budget before any of their funds can be obligated. The next committee meeting will be on November 6 starting at 9:00 a.m. at the EIS Office.
The Committee discussed possibilities of an entity to act on behalf of the Governance Committee in administering the funds. Don Kraus had presented information about a Nebraska foundation, and information is available on the National Fish and Wildlife Foundation. Once a budget is developed so the extent of funding needs is known, a recommendation will be made on one of these funding entities.
The Committee still needs to address prioritizing milestones and complete the process for receiving credits.
Reports on Milestones
Colorado
Doug Robotham reported that Colorado owes the Water Committee a response on Milestone W8-1 (Colorado's assumptions on monthly distribution of accretive/depletive effects). Work on W11-1 is continuing; Colorado has a meeting scheduled with the North Platte Water Conservancy District on October 22.
Nebraska
Dayle Williamson reported that the FERC license for Kingsley Dam was issued on July 29. The utilities have filed for a water right to allow the release of and provide protection of water once released from the Environmental Account in Lake McConaughy. This water right is unique and is necessary to implement a portion of the FERC license
Legislation exists in Nebraska for protecting Program water deliveries (W3-1) but remains untested. Nebraska is developing options and continuing public involvement on means for protecting existing flow conditions and identifying ways to mitigate new depletions (W4-1). Nebraska has requested its last appropriation (A2-3), but will not know the result until April 1999.
Wyoming
Mike Besson reported that Wyoming has the legislative authority now to protect Program water deliveries to the state line (W12-1) if the source is from storage. Wyoming distributed a report on potential new water related activities to the Governance Committee on September 1, 1998. Wyoming has appropriated all of its funding for the duration of the Cooperative Agreement.
Department of the Interior
Jim Lutey distributed a written quarterly progress report and discussed FWS progress during the last quarter. Jim distributed a preliminary draft of Milestones for the First Increment of the Program (P3-1) for Governance Committee review and comment by October 30. In response to questions about the contract for documenting existing species and habitat conditions (R1-1), Bob McCue handed out copies of the Plan of Study for this milestone. Any comments on the Plan of Study should be directed to Bob.
Curt Brown discussed the written report on the status of EIS activities. He said that he would be distributing a more detailed report in a couple of weeks to the Governance Committee. Also, it was decided that Curt would provide a briefing on EIS activities to the Governance Committee at 7:00 p.m. on November 17 in Kearney prior to the Governance Committee meeting on November 18.
Public forum meetings were conducted in Cheyenne, Kearney and Sterling during September. The original public information brochure has been updated and copies are available (contact Lynn Holt). The website is being updated. There will be a GIS coordination meeting in Denver on October 14.
Governance Committee Response to Accretion Depletions Assumptions in Colorado Future Depletion Plan
Doug Robotham reported that Colorado would have responses to questions that have been raised and an updated illustrative tool to the Water Committee soon. Doug distributed copies of a letter from Ralph Morgenweck dated August 27, 1998 in response to questions Colorado raised about section 7 ESA consultations in Colorado.
Community Based Environmental Protection
EPA Regional Administrator Dennis Grams (Kansas City), EPA Deputy Regional Administrator Jack McGraw (Denver), and Bob Fenemore (EPA, Kansas City) discussed EPA's community based initiative on the Middle Platte. Bob Fenemore gave the main presentation. EPA will provide a list of reports from this study to the Executive Director. The reports will also be on the University of Nebraska-Lincoln website. The Executive Director will provide the Governance Committee with the list of reports and website location.
Future Meeting Dates
The next Governance Committee meeting will be at the Fort Kearny Inn in Kearney, Nebraska on November 18. The following meeting will be in Cheyenne, Wyoming on January 6.