Governance Committee Meeting
Holiday Inn
Kearney, Nebraska
Agenda and Minutes
Mike Besson, Governance Committee Chair, called the meeting to order at 8:10 a.m. Slight modifications to the agenda were noted.
The draft minutes of the September Governance Committee(GC) meeting were reviewed. Dale Strickland read suggested changes to the minutes. Other GC members and participants indicated suggested changes and the minutes as changed were approved by consensus.
Executive Director's Report
Dale Strickland reported that the peer review contractors for the Draft Water Conservation/Supply Report had completed the review on time and within budget. Dale noted that he had not received their invoice to date. Dale said that disbursements would be covered during the Finance Committee report.
Committee Reports
Water Action Plan Committee
John Lawson reported that the Water Action Plan Committee (WAPC) had met on October 14, 1999. John reported that several alternatives from the Boyle report were run through the EIS Team's evaluation modeling procedure for scoring to compare the different methods. John suggested that some of the differences in the two evaluation methods might be in part due to the fact that the EIS Team method considers cumulative effects. John indicated that the WAPC wanted more alternatives evaluated and those will be submitted to the EIS Team by October 22, 1999.
Wyoming, Nebraska and Dan Luecke presented draft proposals regarding how to develop the Action Plan and how the balance of the First Increment water might be provided. Wyoming recognized the need for equity in developing the water. Nebraska's draft proposal outlined a plan/process that contained combination of proportionality for each state and an incentive based approach. Dan Luecke's proposal also used the concept of least cost, proportionality, and a fund or trust account for providing the balance of the water.
John noted that several major concerns were discussed at the meeting. These concerns included the need for projects to extend longer than 13 years, third party impacts, the need for detail on projects, proportionality, loss of future opportunities for offsetting future depletions, and the need for institutional protections. Other items discussed were the level of detail needed in the Action Plan for the NEPA and ESA review, adjustment of the schedule, cost restrictions, and the need for a definition of "incentive based". Of these, the level detail needed for NEPA, ESA, and the Program is the area of greatest concern.
The states plan to have a conference call in which the issue of proportionality will be discussed. The information from that call will be provided to John Lawson and he will distribute it before the next WAPC meeting.
Mike Besson noted that another point discussed at length was the issue of a budget cap for the Program. Ralph Morgenweck responded that during the Cooperative Agreement negotiations, the budget was recognized as an approximation without a great deal of information about the proposed Program. He emphasized that we should not panic over the cap at this time. Ralph suggested that there needs to be a good job done developing each component and then we can determine the total budget. Others responded that it is too early to worry about a cap because not enough information regarding potential expenditures exists. Still others cautioned that it is important that each committee attempt to limit their budgets so that the $75 million cap is realized. Others proposed that each committee be given a percentage of the $75 million to try to work within when coming up with budgets. Finally, the point was made that the states can not go back to their legislators and ask for more money for the Program until we have made a thorough effort at creating a Program the fits within the existing budget.
Ralph Morgenweck noted that the level of detail needs to be driven from the Endangered Species Act standpoint because certain details are needed for the FWS to write their Biological Opinion. Jim Cook suggested that there is time between the EIS and Program implementation for adding some detail. Larry Todd noted that details could be added through an iterative process during drafting of the Action Plan.
Vernon Nelson reported that he is working with individuals in central Nebraska to estimate how much it would cost to lease water in that area. Others responded that similar work needs to be done in other areas. Ralph and others expressed concern over the dependability of short-term water leases and the potential "slipping" of schedules. Paul Currier noted that if deadlines slip too much his constituents are going to want to sue the FWS because a Program is not meeting the needs of the species.
Several individuals noted that not all information will be made available until December or later and that it is not reasonable to expect a list of implementable projects in May. It may be possible to have a process that can be followed and a list of possible alternatives in May. Brain Barels suggested that it is important to gain the support of constituents with the apparent shift in the sources of how water will be made available. Jim Cook said that the subcommittee has gotten enough information to proceed with their work.
Demonstration Projects
John Lawson reported that he and Dale Strickland worked together to develop a process for identifying and implementing demonstration projects (see attachment). Dale briefly discussed the handout. The GC agreed by consensus that this was an adequate process for developing demonstration projects. Larry Wells and Don Kraus have both identified possible demonstration projects for the Program. Larry, Don, and others will need to follow the process in bring their proposed demonstration projects forward.
Migratory Bird Issues
Ralph Morgenweck briefed the group on current and past activities that the FWS and others have been involved in regarding migratory bird issues. Ralph explained that one of the major concerns currently is the overpopulation of snow geese and the impacts the birds are having on their reproductive habitat. The FWS is currently working with Canadian officials on ways to control the snow goose population. Another issue that is currently being addressed is the dramatic increase in summer resident Canada goose populations after introductions in cities around the country. The FWS has issued blanket permits to many states to deal with their Canada goose populations, as they deem necessary. To date, Nebraska Game and Parks has not identified a problem in central Nebraska.
Ralph reported that he contacted the National Wildlife Health Center for information pertaining to disease issues as they relate to waterfowl and humans. The Health Center reported that there have been no documented cases of disease transmission from waterfowl to humans. The E. coli and avian cholera strains in birds are different than those effecting humans. The U.S. Center for Disease Control and Prevention (CDC) is currently investigating the West Nile encephalitis virus that is transmitted to humans from a mosquito infected by biting infected birds. The American crow appears to be especially sensitive to this disease. The CDC, FWS and USGS are conducting field investigations to determine the wildlife species involved in the possible spread of the disease.
Ralph noted that no local counties in central Nebraska have reported health concerns related to diseases transmitted from birds and humans. One outcome of the Program will be to spread the birds out so that there is less crowding on the habitat and therefore the birds are less susceptible to disease.
Carroll Sheldon read a statement to the GC regarding information that he and others have been collecting pertaining to disease transmission from waterfowl to humans (see attachment). Carroll noted that several counties in central Nebraska have passed resolutions stating that investigations are needed into this area. Carroll also addressed the disease transmission from mosquitoes to humans and the spread of noxious weeds.
Committee Reports - continued
Water Management Committee
John Lawson, Water Management Committee (WMC) Chair, provided the report. John noted that a large portion of his report was contained in discussions of the WAPC and Demonstration Projects. John reported that the peer review of the Draft Water Conservation/Supply Report was completed and that the points will be addressed. All comments are due to Boyle Engineering by November 1. There was consensus in the WMC that there is not a need for considerable modification of the draft report.
John reported that the existing Tracking/Accounting procedures used by the states would be used as is or modified for the Program. Water may be released from the EA in the coming spring and the Cooperative Agreement will need to track that water. John noted that the demonstration project proposed by Larry Wells has been referred to the Technical Committee. The WMC felt the proposed project was more of a research and monitoring issue and not a water management issue.
Land Committee
Vernon Nelson and Rhodell Jameson, Land Committee (LC) Co-Chairs, provided the report. There was no LC meeting in October but the subcommittees continue to progress in their work. Lisa McDonald has asked for and received additional information for use in the Third Party Impacts analysis that Hazen and Sawyer is conducting. The draft report is scheduled to be complete in early November.
Mary Jane Graham provided a report on the activities she is involved in for the Land Ownership Entity white paper. Mary Jane noted that the final draft has been delayed because she is expecting more information from the Department of Interior on legal aspects of the federal government in dealing with a land entity. Larry Todd responded that the remaining materials are for discussion at the facilitated meeting and are not needed in drafting the white paper. There was discussion regarding what information was still to be provided and the impacts of not having that information in drafting the paper. There was consensus that Mary Jane should proceed and finish the white paper with the information she has been provided. Mary Jane noted that the paper would be finished in two to three weeks.
Dale Strickland gave an update on the progress of the Habitat Protection Plan Task Force. Dale explained that the Task Force is working in two phases, one providing the detail needed for NEPA analysis and the other for the Program. For analysis in the EIS, the Task Force will provide a detailed outline and will fill in that outline with more detail for the Program. After the next meeting the outline will be ready to pass along to the Technical Committee and LC. The outline should be ready for the GC and EIS Team as a preliminary draft at the November 18 GC meeting.
Technical Committee
Paul Tebbel, Technical Committee (TC) Chair, gave the committee report. He noted that during the last TC meeting in Kearney, Nebraska, a minority opinion was raised regarding the language in a document currently being drafted. He reported that he would not ask for GC direction at this time but would attempt to resolve the issue during the upcoming TC meeting.
Paul addressed "other species of concern" and the difficult time the TC is having deciding how this topic should be addressed, particularly the area for consideration. There was discussion regarding the intent of the Cooperative Agreement for other species. Ralph Morgenweck and others responded that the Program should not conduct large scale monitoring but should keep track of other species of concern through the work of others. During implementation of Program projects there may need to be some attention paid to other species through the project specific NEPA process. It was agreed that Program monitoring and research should focus on the central Platte River region for other species of concern.
Several members of the audience asked questions regarding groundwater monitoring and the affects of the Program on the groundwater. This led Mike Besson, GC Chair, to suggest that the meeting be opened for a public comment period. Jim Cook, Don Kraus, and others responded to questions regarding water permits, fluctuating water levels, and groundwater flooding issues.
Outreach Committee
Jeff Buettner, Outreach Committee (OC) Chair, provided the committee report. The OC continues to organize television and radio spots for explaining various aspects of the Cooperative Agreement and proposed Program. The OC has drafted an op. ed. piece for the Kearney Hub under Dale Strickland's byline. Jeff noted that Colorado has not had an official OC member since Doug Robotham left. Colorado will be submitting a nominee to the GC for approval.
Finance Committee
Larry Todd, Finance Committee (FC) Chair, provided the report. Larry reported that invoices have been received from the OC, LC, Executive Director's office, and WEST Inc. A summary of expenses to date was distributed (see attachment). The FC and GC accepted the amount of $26,621.02 for distribution for October invoices. Brian Barels asked if it was necessary to have the FC review the funds available for the Program. Mike Besson also noted the need for a breakdown of the budget giving the estimates available for the cost of land, water, and monitoring and research.
Integrated Monitoring and Research Component
Paul Tebbel introduced the topic of the "Integrated Monitoring and Research Component" (IMRC) as a document being developed by the TC outlining the proposed monitoring and research activities to be carried out during the Program. Paul noted that none of the bird species are present in the central Platte all year and that this compounds the problems for monitoring. Dale Strickland explained the level of detail that has been included in the document regarding protocols and budgets and provided a summary budget table for monitoring and research. Paul discussed how the budgets were agreed upon. Paul noted that the TC wants to start putting details into the protocols soon and asked for input and direction from the GC.
Ralph Morgenweck responded that the document did a good job of laying out monitoring and research for adaptive management decisions and establishing that monitoring is not used to determine cause and effect. Ralph did feel that more attention needs to be given to determining cause and effect through research in the document because at the end of the first increment a decision on whether the Program is having the desired affects will need to be made. Ralph did not know if the $19 million dollar proposed budget was correct or not but he noted that the budget would likely be worked out through an iterative process.
Dale explained that the IMRC anticipated collecting basic monitoring information (e.g., tern and plover nest numbers) and proposes using some integrated research to answer some cause and effect questions. The question of how well cause and effect questions need to be answered will impact the overall monitoring and research budget. The document needs to do a better job of describing this topic.
There was general discussion on who would conduct the monitoring and research, the budget, and the need to avoid duplicating efforts of other entities. There was also discussion regarding the extent of pallid sturgeon monitoring and research activities proposed. The GC will provide comments on the IMRC to the TC by November 18.
Milestone Reports
Colorado - Peter Evans indicated nothing new to report.
Nebraska - Dayle Williamson reported that Nebraska has completed a report on groundwater use in the basin and that the report will be distributed in the near future. Dayle also noted that there have been no surface water changes.
Wyoming - Mike Besson indicated nothing new to report.
Department of the Interior - Jim Lutey provided a quarterly written report (see attachment) and briefly described what was contained in the report. The FWS will be working with the TC in preparing a Baseline Document that is suitable for both the FWS and TC needs. The FWS has funded a project for pallid sturgeon research through the University of Nebraska that will address milestone P3-3. The review of the whooping crane model by the USGS-BRD continues and the FWS continues to refine the whooping crane model using this review and new information. The FWS expects a final report from the USGS in March.
Larry Todd noted that the EIS is continuing to progress. He also noted that the current web site is outdated and needs to be maintained better. The Executive Director's office will work with the Bureau of Reclamation in maintaining current information on the web site.
Future Governance Committee Meetings
November 17 - Water Action Plan, Laramie County Community College, Cheyenne, WY
November 18 - Regular GC meeting, Laramie County Community College, Cheyenne, WY
December 16 - Water Action Plan, FWS Regional Office, 3rd Floor Conf. Rm., Lakewood CO
December 17 - Regular GC meeting, FWS Regional Office, 3rd Floor Conf. Rm., Lakewood CO
January 20 - Water Action Plan, North Platte, Nebraska
January 21- Regular GC meeting, North Platte, Nebraska
Adjourn
The meeting was adjourned at approximately 3:15 p.m.
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