Introduction

Chair Ralph Morgenweck opened the meeting and welcomed members and guests.

Minutes

The minutes of the November 18 Governance Committee meeting were approved as written.

Executive Director's Report

Out-of-Pocket Expenses. Dale Strickland reported on the disbursements for out-of-pocket expenditures. Total disbursements to date are $726.17. A record of disbursements is attached.

What’s Missing? Dale Strickland reported on the meetings he held with the three states and Department of Interior. He discussed ideas coming from the states and Interior on additional actions that might be taken to help meet the Cooperative Agreement and EIS schedules. Areas identified included the need for demonstration projects; the need for more definition of what level of detail is needed in the EIS; the level of detail needed in the program by the parties to the agreement; more outreach; guidance for the committees; more detail in committee reports; peer review work plan; a description of the world without a program; fiscal reality; more attention on issues and not process; change in meeting formats; keep the web site updated; more communication on "hot button issues" is needed from the Executive Director; the Executive Director’s allocation time to all three states; crediting needs to be settled; the EIS and the Governance Committee activities should maintain a separation; and budget planning needs to be improved.

Several actions have been taken to implement some of these ideas. Curt Brown drafted a report on the level of detail needed from the Governance Committee on the proposed action. The report has been circulated to the Governance Committee, Water Management Committee, Land Committee, and Technical Committee. The web site is receiving greater attention from the Executive Director. The Technical Committee has established a working group to develop a more detailed peer review work plan. The Outreach Committee has increased its activity. Nebraska is evaluating the possibility of holding listening sessions in their state as a form of outreach. The Executive Director will spend more time in Colorado and Wyoming. Finally, Nebraska has initiated a process for developing a possible demonstration project within their state related to Nebraska statutes relating to water.

Agenda Format. Dale recommended the Governance Committee consider changing the agenda by adding more issues. A lengthy discussion followed about the merits of changing the existing format. There was consensus that experimentation with the agenda was good and that issue related items should be added to future agendas. A number of possible issues for future agendas were discussed. It was agreed that the agenda for the February 10 meeting will include a morning session devoted to taxes as they relate to the proposed Program. The discussion will also include a report on how the power districts are treated by Nebraska tax law.

Most of the Governance Committee members felt that individual members should make a greater effort to remain informed on committee work. It was also suggested that committee chairs attempt to hold meetings surrounding Governance Committee meetings and help communicate "hot" items for the Governance Committee members.

Distribution of Information. Dale Strickland discussed the rising cost of disseminating information to his various mailing lists. He will investigate alternatives to direct mail, such as downloading from our web site. It was agreed that the Governance Committee should continue communicating its actions in some fashion to all interested parties.

Water Committee Report

Committee Chair John Lawson reported on committee activities.

Milestone W14-1. Work on the first three bullets has been completed for the Water Conservation/Supply Study. When the committee begins work on the fourth bullet (i.e., accounting system), the first three bullets will be revisited. Products completed for the Water Conservation/Supply Study do not complete the settlement of these issues for the proposed program.

Water Management Committee reached a consensus on methodology for defining hydrologically connected groundwater, lag and gain/loss factors, and existing flow conditions for the Water Conservation/Water Supply Study. Boyle engineering will provide the committee with several examples of alternatives run through water budget spreadsheets by January 29th . These examples will be discussed at the next committee meeting February 9, 1999.

The Governance Committee concurred with John Lawson's recommendation to forward work products to the consultant on W14-1.

Accretion Depletions Assumptions in the Colorado Future Depletion Plan. The Water Management Committee recommended acceptance of Colorado’s accretion depletions assumptions with the condition that assumptions would change if new information suggested the need. Also, the committee suggested that the Governance Committee reserve the right to change transit loss factors to match factors in the accounting procedures if different.

Schedules. A detailed draft Work Plan and Schedule was handed out. The Water Management Committee has concerns about meeting some deadlines (e.g. accounting system).

Peer Review. The committee is working with the Executive Director on a peer review plan.

Demonstration Project. Boyle is to identify potential demonstration projects. Larry Wells made a presentation at the Water Management Committee meeting about a potential pilot/demonstration project in central Nebraska.

Flooding Issue in Central Platte. The Water Management Committee formed a technical subcommittee to identify existing information on the flooding problem. The subcommittee will also make a recommendation on how to proceed. The subcommittee includes Dwayne Woodward, Gerhard Kuhn (EIS Team), Ned Meir (Land Committee), Rich Holloway (TriBasin NRD), and Mike Slifer (USGS). The subcommittee will make a written report by January 29 and will be discussed at the February Water Management Committee meeting.

Ralph Morgenweck indicated that groundwater flooding is on the edge of Governance Committee responsibility. It doesn't relate directly to milestones. He asked the Land Committee chairs if this approach will satisfy the Land Committee concerns. Both agree with the Water Management Committee approach and supported including Land Committee membership on the subcommittee.

The USGS is looking at groundwater/surface water interaction and will produce an up-to-date groundwater map. If possible, USGS will do some analysis to determine how groundwater changes with changing river flows.

Charter. Water Management Committee reached a consensus on the charter. The charter will be forwarded to the Governance Committee as a recommendation.

Land Committee Report

Co-Chairs Vernon Nelson and Rhodell Jameson presented the Land Committee report.

Habitat Guidelines. The Land Committee reported that most of the more desirable lands (Category 1) are already in ownership of environmental groups. Most of the land available to the Proposed Program will be of lower value. The draft guidelines give higher priority to lands adjacent to existing conservation lands.

Landownership Entity Subcommittee. Paul Matson, Subcommittee Chair reported on this groups activities. The subcommittee is proposing a facilitated workshop to help with the development of a work product for the Governance Committee’s consideration. The workshop will give all parties to the agreement an opportunity to become informed about options for entities. It will also provide an opportunity to reach consensus on all or most of the characteristics of an entity. The product of the workshop will be a set of alternatives with their strengths and weaknesses identified. The work product will be provided to the Governance Committee with the Land Committee’s preferred option indicated.

At their last meeting the subcommittee developed a discussion outline to be used as a discussion document at the workshop. The document was adopted by a majority of the subcommittee and Land Committee; however, there was not consensus on the discussion outline. Paul gave a detailed account of the minority opinions that are reported in the Land Committee minutes.

The workshop is proposed for central Nebraska. It will take approximately three months to organize a workshop. Paul estimated the cost of technical experts at $6000 and a facilitation contractor at approximately $5,000 plus other direct costs. The facilitator must be neutral.

Paul asked the states and the Federal Government for guidance on what legal and institutional limitations existed affecting the transfer of financial support to the entity by February 8, 1999. Ralph questioned why the outline contained both characteristics and rules for operations. Paul pointed out that rules for operation will influence the feasibility of different entities.

Ralph asked for written comments on an the outline be sent to the Land Committee by February 8.

The Governance Committee authorized the Land Committee to proceed with a technical and budget proposal. The proposal should include a list of participants, an indication of how the research paper would be produced, who would do the white paper, and workshop schedule. The proposal will follow the Governance Committee’s disbursement policy.

Taxes. Rhodell stated that consensus was reached by the Land Committee regarding their desire that the Governance Committee not change their position on shifting the tax burden to adjacent landowners.

Technical Committee

Committee Jay Maher reported on committee activities.

Peer review. The Technical Committee established a working group to develop a peer review work plan. The draft plan will be presented at the February Governance Committee meeting.

Research and Monitoring. The committee reached consensus on priorities for research and monitoring. The committee has begun work on protocols.

Outreach Committee

Jim Cook reported on committee activities. The committee has made progress on developing an extensive list of questions and answers commonly asked about the Cooperative Agreement. The committee will continue to refine the document of the next two days. The committee hopes to have the complete list to Co-Chairs of the Land Committee by their next meeting. The Outreach Committee is short on time and staff to actually produce products. They need a half-time person (point) and a pool of 8-10 technical people. They are meeting in late January or early February to further plan outreach efforts.

Finance Committee

Mike Besson described a draft Foundation Cooperative Agreement as a document to use in soliciting proposals from foundations. He also presented an operations budget and disbursement procedure. He asked approval from the Governance Committee to use these documents to solicit proposals from foundations. There was a consensus approval.

There was also consensus approval of the budget and disbursement procedure.

Response from foundations is due February 8th. Doug Robotham will contact a Foundation in Colorado, Dale Strickland will contact the National Wildlife Federation, Nebraska will contact the Nebraska Community Foundation and Mike Besson contact a foundation in Wyoming.

Milestone Reports

The Milestone Reports will be posted on Governance committee web site.

Colorado

W5-2. Colorado reported it continues to believe that water derived from the Tamarack Plan can be protected.

W7-2. Processes necessary to initiate the Tamarack Plan are underway, including preparation of an Environmental Assessment and required water rights applications.

W8-2. Colorado has developed a proposal to offset new water related activities on the North Platte. The proposal has been drafted in the form of an agreement between the Cooperative Agreement signatories that would replace Paragraph 3.III. of Tab 3B in the Cooperative Agreement. Doug requested the Governance Committee review the proposal and approve by the end of Year 2 (June 30, 1999).

A2-2. Doug expects money to be available July 1, 1999. Barels asked if Colorado had thought about the need for protection of conservation water. Doug said no as the Water Conservation/Supply study is not far enough along to suggest the need.

Nebraska

Milestone W3-1 and W3-2. Mike Drain is taking the lead on identifying potential pilot projects.

W4-1 and W4-2. The University of Nebraska and the Natural Resource Conservation Service are doing some work on these milestones under contract. The Department of Natural Resources is also working on Milestones. Jim Cook held meetings with municipalities, Natural Resource Districts, and environmental groups to discuss future depletions.

W16-1 and W12-2. Institutional constraints exist. A draft bill has been prepared for early this session.

A3-1 and A2-2. Nebraska needs to get money appropriated for third year. The necessary legislation has been submitted. Nebraska expects funding by July 1, 1999.

Districts

R5-1. The Districts have been meeting with the Nebraska Game and Parks and the Fish and Wildlife Service and have completed a draft monitoring program. The program will be finalized and filed with FERC on January 25, 1999.

L3-1. The Districts have met with Nebraska Game and Parks and the Fish and Wildlife Service and will soon begin formal consultation. The license conditions include consultation with the Governance Committee. The Districts asked how involved the Governnance Committee wants to be in the consultation. CNPPID recently entered into a 4,000 acre lease with an option to buy property within the critical habitat area. The 4,000 acres does not count toward the program goal at this time but could count in the future. The primary goal of the acquisition was meeting FERC license requirements.

W2-1. The Districts have applied for a storage use water right in Lake McConaughy.

Wyoming

Nothing has changed from the last report. Wyoming can protect stored water. Protecting conserved water requires a law change. Wyoming is waiting on results of the Water Conservation/Supply Study before determining the need for a law change.

Fish and Wildlife Service

R1-1. The Service expects a preliminary draft report on baseline conditions from the contractor by mid-January. The Service will circulate the report for review by the Governance Committee.

P3-1. To date, the Service has not received comments on the draft handed out in November. Margot Zallen suggested the Fish and Wildlife Service wait until September/October of 1999 for comments.

Target Flows. The Service circulated a letter from Ralph Morgenweck.

EIS

Curt Brown reported that in early March they will issue a screening report. The EIS team would like to coordinate outreach with the Water Management Committee.

Governance Committee Response to Accretion Depletions Assumptions in Colorado Future Depletion Plan

Doug Robotham asked for approval of assumptions including recommendations from John Lawson’s letter. The assumptions as modified by the Water Management Committee's recommendations were approved by a unanimous vote.

Status of Potential Listing of Sturgeon Chub and Sicklefin Chub

Steve Anschutz presented a report on the species. The Service’s Regional office is expecting recommendations from Bismarck, North Dakota field office in March or April. A decision will be made on the listing of these species before the Proposed Program is in place. The Service believes that flow needs for the sturgeon chub are the same as that for pallid sturgeon and that program benefits to pallid sturgeon would accrue to the sturgeon chub.

Future Meeting Dates and the Agenda for the Next Meeting

The March meeting will be March 16 in Kearney, Nebraska. The following meeting will be held April 21 in Cheyenne,Wyoming.

Agenda for February

The February meeting will begin with a discussion of the tax issue followed by a regular business meeting.