Agenda, Minutes, and Announcements

Mike Besson, Governance Committee Chair, called the meeting to order at 8:05 a.m. and introductions were made. No changes to the agenda were indicated.

Steve Anschutz announced that the FWS would be hosting a tour of cleared river channel areas near Kearney, Nebraska followed by a barbecue the afternoon before the GC meeting in October. The tour and barbecue will start at 1 p.m. at the Holiday Inn in Kearney on October 14.

Executive Director's Report

Dale Strickland reported the Land Ownership Entity White Paper is slightly delayed but will be completed soon. Delays resulted from comments being submitted after the comment period established by the contractor. Dale noted that the Finance Committee (FC) would be requesting that the GC approve CDR as facilitator for the Land Ownership Entity Workshop.

Dale reported that several invoices have been submitted to the Nebraska Community Foundation (NCF) and that NCF has signed an agreement for peer review service with a group from Washington State University. Invoices submitted include two from WEST, Inc. for work on the Habitat Management Methods project for $5,114.05 and $1,431.25; two invoices from the Kearney Area Community Foundation for $1,210.50 and $1,641.79; two from the Executive Director's office for $24,376.95 and $47,377.73; and one from Morris Press for Outreach Committee brochures for $1,334.25.

OPSTUDY Hydrology Report

Mark Butler, USFWS, updated the GC on work being conducted by the EIS Team and issues that have arisen regarding the OPSTUDY model (see attachment; colored graphs can be obtained from the Fish and Wildlife Service). Mark presented a brief history of the OPSTUDY model, including mentioning the various changes that have been made to the model over time, and introduced several terms used in the model. Mark noted that as part of "cleaning-up" the code for use in the EIS, several problems were found. The problems were due to the "historic diversion" assumption being coded incorrectly in the Model. When the errors were corrected, the higher demand on reservoir storage resulted in much lower reservoir contents, which made the validity of using a "historic diversion" assumption invalid. Members of the EIS Team have met with NPPD and Central to discuss the problems and have come to agreement on how to deal with each problem. The impacts on the modeled estimates of score were minor and their full impact on estimates will need to be approached through the adaptive management process. After several years of EA operation, the Governing Entity will need to compare actual data to the model data.

After Mark's report, several GC members and participants had questions as to what the changes in model will mean in regard to the agreed upon 70 KAF. Mark replied that no adjustment will be made at this time and that compliance will be the building and operation of such things as 3-Brick and Tamarack, but monitoring needs to be conducted to determine the actual amounts of water generated by these operations.

Committee Reports

Water Action Plan Committee

John Lawson reported that the Water Action Plan Committee (WAPC) had met on September 15, 1999. Curt Brown and Mark Butler gave an update of the EIS Team's progress and how alternatives would be scored in the EIS. Curt and Mark discussed several points, including the models used in evaluation of alternatives (North Platte model, Central Platte model, and South Platte model), period of record for EIS and the Water Conservation/Supply Study are different, and accounting in the models for losses and yields. They also indicated that they will subjectively evaluate alternatives selected for the Water Action Plan alternatives in relation to pulse flows.

During the WAPC meeting, considerable time was spent discussing the schedule for the Action Plan. The committee anticipates having the peer review of the Water Conservation/Supply Study complete by September 24. The deadline for other comments on the Boyle report was extended to November 1. Boyle Engineering will then have until December 13, or such later date as the Draft Action Plan is completed, to revise the report. John noted that the peer review is not for acceptance or non-acceptance of the report, only for a non-biased third party review. The draft Action Plan is anticipated December 13, 1999. The original date for the final Action Plan was January 10, 2000. This date has been revised to a window of mid-February until mid-May.

Boyle provided several possible scenarios for consideration in developing the draft Action Plan (i.e., least cost, fair share). There was considerable debate among the states at the WAPC on how to approach the Action Plan. Wyoming and Colorado expressed their desire to consider a least cost approach while Nebraska stated that they wished to address the Action Plan from a fair share approach. Nebraska agreed to formulate a "fair share" scenario to be presented at the next meeting. Likewise, Colorado and Wyoming will develop scenarios based on their concept of least cost. Lawson indicated that the GC and others need to consider this very seriously as this debate has serious implications for the Cooperative Agreement/proposed Program process.

Jim Lutey noted that the WAPC was going to identify several projects in the Boyle report and request the EIS Team to run them through their evaluation/model process to see how they score. This will be done to determine how different alternatives score using the EIS Team's methods compared to Boyle's methods.

Dave Sands and others suggested using a facilitator at upcoming WAPC meeting to help progress. After considerable discussion, it was decided that the WAPC did not desire the assistance.

Vernon Nelson suggested that the three states conduct negotiations in private to work through this matter. Several members indicated that this was planned. Dan Luecke indicated that the state should not come up with an agreement between them at the cost of the interests of other GC participants. Dan Luecke noted that he is drafting a "least cost option" plan for consideration that uses fair share to obtain the lower amount needed (60 KAF) and establishes a fund to aid in purchasing any additional water at least cost. Several GC members expressed high levels of concern not only for the schedule of the Action Plan but also for other committees schedules.

Water Management Committee

John Lawson presented the Water Management Committee (WMC) report. John reported that Mark Butler also gave a presentation on the OPSTUDY model at their meeting and that Curt Brown and Mark had updated the WMC regarding EIS activities. Besides these topics, the main topic of discussion was demonstration projects. John noted that there are still several questions that need to be answered before they can go to the Finance Committee for funding. The Demonstration Project Subgroup plans to flesh-out one project for consideration. Jon Altenhofen brought a proposal to the WMC and the WMC will review and provide comments in three weeks.

The WMC identified three potential ways to implement demonstration projects, 1) solely funded under the Cooperative Agreement, 2) partnership between an entity and the Cooperative Agreement (Altenhofen's proposal is this type), and 3) projects constructed without Cooperative Agreement funding. Don Krause gave a presentation of a project that falls under number 3. Don indicated that before embarking on the project he would like to know if the GC is willing to allow the WMC to assist in the development of the project and if the GC is interested in acquiring some of the water produced by the project. Don noted that he wants to work with the WMC and others in regards to such things as monitoring.

The WMC supports all three approaches but needs help in developing a written description of the processes. The WMC also needs technical assistance in creating and identifying what will be needed in regards to environmental review and compliance for various proposed demonstration projects. John asked that the Executive Director's office aid in this assistance. Larry Todd noted that he would report on this proposal during the Finance Committee report. Margo Zallen noted that demonstration projects are categorically excluded from NEPA if they fit under the category of research.

Other items discussed at the WMC meeting were ground water flooding, peer review, and the effects of schedule changes on the Boyle Engineering contract.

Land Committee

Vernon Nelson reported that the September 13 Land Committee (LC) meeting lasted only 45 minutes. Lisa McDonald reported at the LC meeting that they are continuing work on the third party impacts analysis. Lisa presented a schedule for draft review periods and final document preparation. Vernon reported that the Land Ownership Entity Subcommittee is planning a meeting September 20, 1999 with the facilitator to discuss the white paper and the facilitator's duties. Vernon suggested moving the workshop date back to allow more time for the facilitator and participants to become familiar with the white paper. It was decided to move the meeting back to January 2000. Curt Brown indicated that this should not affect the EIS. Vernon also reported that the Habitat Acquisition Planning Task Force is moving forward and that Larry Wells asked that his proposed demonstration site be considered. Vernon noted that Carroll Sheldon had asked for 15-30 minutes at the next GC meeting for a presentation. It was decided to allow Carroll 10 minutes for a presentation and 5 minutes for the GC to ask questions during the LC portion of the agenda.

Technical Committee

Paul Tebbel, Technical Committee (TC) Chair, gave the Committee report. Paul noted that the TC had not met since the last GC meeting but that subgroups continue to work on their tasks. Research and monitoring protocols along with the Baseline Document will be major topics at the next TC meeting on September 21-23. Paul said that Jim Lutey had provided him with a revised timeline for the Baseline Document review and Paul will bring the schedule before the TC for discussion.

Outreach Committee

Jim Cook provided the Outreach Committee (OC) report. Newspaper inserts for Wyoming and Colorado continue to be worked on and will likely be printed this fall. Jim reported that a booth describing the Cooperative Agreement was displayed at the Nebraska State Fair and Husker Harvest Days recently. New Q and A brochures have been printed, and Jim asked that those needing copies take them after the GC meeting. Jim also noted that the OC is working on an "opinion piece" for local newspapers to clarify misinformation.

Finance Committee

Larry Todd, Finance Committee (FC) Chair, provided the committee report. There were five action items at the last meeting. The first was the proposal for the Executive Director's Office to provide support in identifying what permits would be needed, costs, time, etc for demonstration projects. The proposal was in Phase I and II format. Phase I budget was $6,734 and entailed scoping the amount of work for 5 demonstration projects. Phase II did not have a budget and entailed completing work on permitting for selected projects. The FC agreed with the budget for Phase I and asked for GC approval; GC approved.

The second item was a proposed demonstration project brought by Don Krause. Don will work with Dale Strickland in fleshing out the proposal and will bring it to a later FC meeting.

The third item was that the last two KACF invoices were over the $1000/month imposed limit. The FC asked the GC to approve the total amount and to remove the monthly limits but keep the overall budget; GC agreed.

The fourth item was the FC approval of a contract for CDR to facilitate the Land Ownership Entity Workshop; GC agreed.

The fifth item was the FC approval of funding agreements for the subcommittees, executive director, and NCF; the GC agreed.

Larry also noted that the next Crediting Workshop will be held October 21 in the Platte River EIS Office in Lakewood, Colorado.

Milestone Reports

Nebraska - Dayle Williamson provided a written report (see attachment) and gave a brief update. Dayle indicated that they had met with the eight Natural Resource Districts to discuss the Cooperative Agreement and Program. Dayle noted the meetings had been positive.

Colorado - Kent Holsinger indicated nothing new to report.

Wyoming - Mike Besson indicated nothing new to report.

Department of the Interior - Jim Lutey reported that the Baseline Document was circulated to the TC, GC, and other interested parties June 18. To date, he has received four comments. The FWS is asking that the TC provide a consolidated comment indicating what the committee feels is missing, what is not needed, what can be done to make the document useful for baseline conditions, etc. Jim briefly presented a revised schedule. FWS will likely put out a complete draft report in mid-December.

Curt Brown has met with Lisa McDonald to discuss Phase II of the Third Party Impacts analysis. His office is currently defining an array of options for land acquisition with the Habitat Acquisition Planning Task Force on the management activities of acquired lands. Larry Todd noted that a Formulation Status Report is scheduled to be done early March and the draft EIS early July. Discussion regarding when the EIS Team needs the Action Plan and State mitigation plans followed. Larry and Curt responded that these are needed by May for inclusion in the EIS, assuming the EIS Team can work with the various entities to get information prior to that. If information is not provided, the EIS Team will need to formulate assumptions.

Future Governance Committee Meetings

October 13 - Water Management Committee, Country Inn and Suites, Kearney, Nebraska

October 14 - Water Action Plan, Country Inn and Suites, Kearney, Nebraska

October 14 - Field Trip to view FWS restored sites, Holiday Inn, Kearney, Nebraska, 1-5 PM

October 15 - GC meeting, Holiday Inn, Kearney, Nebraska, 8 AM - 3 PM

November 16 - Water Management Committee, site to be determined in Wyoming

November 17 - Water Action Plan, site to be determined in Wyoming

November 18 - Regular GC meeting, site to be determined in Wyoming

December 15 - Water Management Committee, FWS Conference Room, Lakewood, Colorado

December 16 - Water Action Plan, FWS Conference Room, Lakewood, Colorado

December 17 - Regular GC meeting, FWS Conference Room, Lakewood, Colorado

Adjourn

The meeting was adjourned at approximately 12:20 p.m.