Governance Committee Meeting
USFWS Building
Lakewood, Wyoming
Introduction
Ralph Morgenweck opened the meeting, welcomed members and guests, and introductions were made. Ralph noted that, during his absence for a short period, Mike Besson would chair the Goverance Committee (GC).
Agenda and Minutes
Ralph asked if there were any changes to the agenda, and none were indicated.
The draft minutes of the April Governance Committee(GC) meeting were reviewed. Dale Strickland read suggested changes to the minutes, and the minutes were approved as amended.
Executive Director's Report
Dale Strickland reported that there have been no disbursements since the April meeting. Dale has received two requests for disbursements since the April meeting totaling $264.69. Of this amount, $48.22 was requested by a member of the Land Ownership Entity Subcommittee for attending the interview of contractors in Denver and the remaining $216.47 was requested by Paul Matson, Chair of the Land Ownership Entity Subcommittee for travel and meetings. The Finance Committee approved both requests.
Dale also reported on his recent trip to Sacramento, California, where he met with individuals involved in the CALFED process. Dale briefly discussed some of the issues that are similar as well as those that are different when comparing CALFED and the Cooperative Agreement. Dale will be distributing a trip report in the near future detailing this information.
Third Party Impacts
Dale Strickland introduced Lisa McDonald, Senior Economist with Hazen and Sawyer. McDonald is the project manager working on third party impacts for the Land Committee. McDonald gave a short slide presentation outlining the goals, assumptions, and possible scenarios being followed in the study of potential third party impacts associated with a habitat acquisition program (see attachment). The main focus of McDonald's presentation was discussing the three main assumptions necessary for assessing impacts. These assumptions include 1) the distribution of acquired habitats within the river valley, 2) the meaning of perpetual protection, and 3) the baseline conditions. These assumptions are meant to "bracket" the range of possibilities.
Issues discussed by the group included: concern over the time period being considered (20 years for third party impacts, 13 years for EIS); some of the scenarios do not relate to "real world" conditions; need to clearly define what "third party impacts" are and who they apply to; effects of lease/purchase of water rights; clear definition of the baseline alternatives; and the need to report in layman terms for the general public. McDonald and others addressed each of these issues as well as other issues raised.
Dale noted that there are currently three different levels of effort for studying third party impacts. Boyle Engineering is using a qualitative analysis for screening of water conservation/supply alternatives, the Land Committee (Lisa McDonald) is analyzing effects from changes in land use at the local level, and the EIS team is looking basin wide at both land and water.
Mike Purcell asked if the GC and others will have another chance to comment when the assumptions are more "fleshed out." McDonald and the Land Committee indicated comments would be solicited after the draft of the Phase I Report is completed.
Ralph Morgenweck noted that June 4, 1999, was given as the deadline for written comments to be submitted to McDonald. Ralph suggested that the GC support Lisa's assumptions at this time, and consensus was reached.
Announcement
Doug Robotham formally announced that he will be leaving the Colorado Department of Natural Resources (DNR) and, thus, will not continue to be Colorado's representative to the GC. Greg Walcher, DNR Director, addressed the GC and assured the GC that Colorado remains committed to the Cooperative Agreement process and will be moving as quickly as possible to fill Colorado's position on the GC.
Relationship of R1-1, R2-1, and R3-1
Dale Strickland briefly introduced the topic. The Technical Committee (TC) has been working with the Fish and Wildlife Service (FWS) to accomplish these milestones. The TC described work accomplished on the milestones to date.
Jan McKee presented several large graphs displayed on the walls (attached as 8 ½ X 11 copies) illustrating the relationship of the milestones and outlined the "process" that the FWS and TC working group are following. McKee explained that, as part of the process, it is necessary to relate how the goals and objectives of the Program relate to the goals of each species' recovery plan. In relating these two, language was taken directly from the Cooperative Agreement. The working group and TC are assuming that Program goals should relate to habitat and not directly to species response. The whole process assumes that adaptive management will utilize information developed through monitoring and research.
Jay Maher continued by describing the process using the tern as an example. Maher indicated that the TC is looking for input regarding the approach they are taking and not necessarily the content of the tern document (attached). Jay noted that protocols will be needed and a review of existing protocols will be performed.
Dale Strickland pointed out that there are three objectives identified in the document dealing with riverine habitats, nonriverine habitats, and flows. Each of the objectives contains an "X" in the place of quantitative objectives. The "X's" simply reflect the management action taken for each species (i.e., the amount of land and water initially committed to each species). Dale mentioned that monitoring and research based on protocols would provide information used to evaluate the biological response of the species to the Program. The information will also be used in the adaptive management process.
Some members inquired why the document was using habitat and not using species response. Jay described the many factors outside of the Platte that can effect the species. Jim Lutey noted that the FWS needs quantitative information on the species and this information will be looked at in conjunction with the Program objectives.
Many GC members questioned how the "X's" will be filled in and the need for them. Dale noted that the management action taken for each species will be part of the first increment milestone and will likely change through adaptive management. The main focus of the discussion centered on the "X" in the flow objective (Objective 3). Several stressed the need to clarify the purpose of the tern document as either for determining/monitoring biological response to the Program or for compliance. It was also stressed that, if there is a quantitative management action included in the document, it needs to be very flexible to account for things outside of the Program's control.
Larry Todd and others commended the TC and FWS for the work put into the document; however, there were items that need to be addressed. The GC will supply comments to the TC regarding the document by June 18 that can also be used for the other species' documents. In the future, the GC asked that documents be provided to them 2 weeks prior to the meeting so they can look over and review them with their constituents.
Jay noted that the working groups will proceed and will incorporate comments from the GC in this and future documents. The GC asked that they be supplied documents for comment as they are completed.
Committee Reports
Water Management Committee
John Lawson provided the report for the Water Management Committee (WMC). John noted that there were four main discussion topics from the previous day's meeting that he would be addressing:
- The seven memorandums produced by Boyle,
- Demonstration projects,
- Tracking/Accounting procedures, and
- Definition of terms.
John also suggested that the WMC and the GC hold workshops to discuss the above topics.
Boyle Engineering has produced seven memoranda that describe the short list of water conservation/supply alternatives. These memos include Reservoirs, Conservation, Reuse, Agricultural Water, Ground Water, System Integration, and Watershed. Comments are requested to the WMC by June 17. The WMC will supply all comments to Boyle by June 21. Any additional comments received during the state meetings are to be provided by June 28. This will allow Boyle to have a draft report ready by August 9, 1999. This report will contain information for the Action Plan. Boyle has produced an executive summary that will be distributed before the state meetings. The memos and associated tables will be available through a link at the Platte River web site (platteriver.org) by June 7, 1999.
Boyle will be providing information regarding possible demonstration projects in the next 2 weeks. This list will include possible surveys and studies. The WMC also has a subcommittee that is identifying possible demonstration projects.
Members of the WMC recently completed a simulated tracking of a potential alternative for 1 year using Nebraska and Wyoming's daily accounting procedures. The simulation exercise indicated that Boyle's method resulted in a conservative estimate of the amount of water available (i.e., more water lost using Boyle's method). The group will go through the same process using a dry year (1990) and compare that to Boyle's estimates.
John reported a good deal of time was spent discussing the definition of terms, especially those in W14-1. There was no consensus reached by the WMC. John asked WMC members to write what they thought the definitions were and send them to him. John will compile definitions for discussion at the next WMC meeting.
John indicated that the WMC needs guidance from the GC on several topics in the near future. It was decided to postpone the field trip to habitat restoration sites in central Nebraska, planned for the July 14 GC meeting, to allow time for a GC Workshop on WMC issues. The WMC will meet during the morning of July 13, the WMC and GC will have a workshop the afternoon of July 13, and the GC will have a regular meeting July 14. The WMC will prepare a workshop agenda. The need for a facilitator at this workshop was discussed. It was decided that the selection of a facilitator for this workshop would be premature.
Land Committee
Rhodell Jameson, Land Committee (LC) Co-Chair, noted that third party impacts was discussed in the morning during Lisa McDonald's presentation. Dick Pierce gave a brief update and thanked McDonald for a job well done. Curt Brown pointed out that an increase in the scope might result in an increase in the budget from $75,000 to $100,000.
The Land Committee Co-Chairs (Rhodell and Vernon Nelson) met with Conservation Partners for an introductory meeting on the Land Ownership Entity white paper project. Mary Jane Graham updated the GC on what she and Marty Zeller will be doing during the beginning of the project.
The Habitat Criteria subcommittee is currently waiting for survey returns from several key individuals before they can continue with their work. Mapping had no new information. Vernon noted that there will not be a LC meeting in June or July, but the LC will mail subcommittee reports to those that have attended LC meeting in the past.
Rhodell distributed copies of the Tri-Basin NRD's Statement of Principles and Policies Related to the Cooperative Agreement. Rhodell indicated that this document outlines a lot of the concerns from landowners and others in Nebraska.
Technical Committee
Jay Maher, Technical Committee Chair, noted that most of the TC's current work was discussed in the morning during the R1-1, R2-1, R3-1 discussion. Jay gave a brief update to the GC regarding a proposal that was submitted by the Nebraska Game and Parks Commission (NGPC) for FWS Section 6 funds. The proposal was to collect and analyze information pertaining to least terns, piping plovers, and whooping cranes. The proposal was partially funded, and the NGPC may ask for additional funds from the GC. The TC will be working with NGPC on protocols and prioritizing the task list. Brian Barels noted that the GC and TC should coordinate with the NGPC if information obtained from the study will be valuable to the Cooperative Agreement.
Outreach Committee
Jeff Buettner, Outreach Committee (OC) Chair, noted that the web site is up and items are being posted as they are made available. Jeff also handed out copies of the insert that will be included in approximately 112,000 Nebraska newspapers starting June 7, 1999. He said that the OC is also working with several agricultural groups to disseminate information using their newsletters. There were several compliments to Jeff and the OC for the insert. Jeff then gave a brief update on TV and radio appearances that have occurred recently and those that will be in the near future.
The production of an outreach video was discussed extensively. The present planning includes a video that gives some brief background on the Cooperative Agreement but focuses on a description of the proposed Program. Several expressed concern that this might not be the best means of outreach or the best use of funds, while others expressed concern that an opportunity was being missed. Ralph asked the OC to refine the video and bring the subject back to the GC at the next meeting.
Finance Committee
Finance Committee (FC) Chair Mike Besson reported on the June 1 meeting. The FC approved the contract with Conservation Partners for conducting the Land Ownership Entity white paper project and recommended that the GC also approve the contract. The GC approved the contract pending possible additional minor comments from Colorado.
The FC recommended that the GC approve contracting with the Nebraska Community Foundation for administration of fiscal services. The GC approved the recommendation. The GC also approved the total amount $264.69 in reimbursement requests.
The Executive Director's contract for Year 3 needs to be negotiated, and the FC recommended that it be transferred to the NCF in July. The GC approved the transfer of the ED contract to the NCF
Besson updated the GC on the selection of contractors to be in the Facilitation Pool. The pool has been narrowed from nine to seven contractors. The FC outlined their recommended process for the selection of a facilitator for a specific task. The committee chair requesting the assistance and the Executive Director will select a minimum of two facilitators and request a technical and cost proposal from each. The FC recommended that the GC delegate the selection and approval of the facilitation firm to the FC. The GC concurred with the recommendation. The Disbursement Policy will be modified to indicate this change.
Milestone Reports
Colorado - Doug Robotham indicated nothing new to report.
Wyoming - Mike Besson indicated nothing new to report.
Nebraska - Dayle Williamson reported that the Legislature had provided the $250,000 funding for the Cooperative Agreement. Nebraska is currently filling a position to focus on outreach relating to the Cooperative Agreement. The Governor has set up an advisory committee of 23 people to focus on the Cooperative Agreement. Their first meeting is June 22, 1999.
Department of Interior - Jim Lutey reported that the revised Baseline report was to be delivered today from the contractor and will be distributed to the TC and GC by June 21, 1999. The TC will have comments to the Executive Director's (ED) office by July 23, 1999. The ED will compile the comments and redistribute by July 27, 1999. The TC will provide comments on the technical aspects and assumes the GC will have more policy comments. All comments are due to the FWS by August 24, 1999. The final report will be available from the contractor on September 17, 1999.
Curt Brown indicated that the EIS is still on track and hopefully will receive information by the end of the summer for the committees.
Other Business
Jay Maher noted that CNPPID is currently working on an interim management plan with the FWS and NGPC for their FERC license. The GC declined further involvement at this time.
Brian Barels asked how the GC wanted NPPD to proceed on the Cottonwood Ranch Management Plan. Wyoming comment's questioned the amount of money estimated for plan implementation and the amount of credit expected. It was noted that the $5.3 million in credit cited in the Cooperative Agreement was for the acquisition. NPPD will be asking for credit for the $1.3 million in habitat improvements that are planned. Wyoming expressed concern that in the Cottonwood Ranch Management Plan, the figure of $2.2 million was discussed for habitat improvements rather than $1.3 million.
CNPPID indicated that the Nebraska Department of Water Resources approved the Environmental Account.
Ralph and the entire GC recognized Doug for his work on the Cooperative Agreement.
Future Governance Committee Meetings
July 14 - Regular GC meeting at the Quality Inn, North Platte, Nebraska, 9 a.m. - 4 p.m.
August 17 - Workshop with WMC, site to be determined in Wyoming, 1-5 p.m.
August 18 - GC meeting in Wyoming, site to be determined. 9 a.m. - 4 p.m.
September 16 - Workshop with WMC, site to be determined in Colorado, 1 - 5 p.m.
September 17 - Regular GC meeting in Colorado, site to be determined. 9 a.m. - 4 p.m.
Adjourn
The meeting was adjourned at approximately 4:15 p.m.
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