Agenda and Minutes

Mike Besson, Governance Committee Chair, called the meeting to order at 8:10 a.m. No modifications to the agenda were made.

Mike noted that the Governor of Colorado had appointed Don Ament, Executive Director of the Department of Agriculture, as the official voting Governance Committee (GC) member. The governor also appointed Greg Walcher, Executive Director of the Department of Natural Resources, and Howard Propst to the GC as non-voting alternates (see attachment). Introductions were made.

The draft minutes of the October Governance Committee meeting were reviewed. Dale Strickland, Executive Director (ED), 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 disbursements would be covered during the Finance Committee report. Dale reminded the GC and others that January was the start of the third fiscal quarter for the Cooperative Agreement and that his office would start drafting funding agreements based on input from each committee and subcommittee.

Committee Reports

Water Action Plan Committee

John Lawson reported that the Water Action Plan Committee (WAPC) had met on November 17, 1999. John reported that representatives from Colorado, Wyoming, and Nebraska had been involved in a conference call to discuss cost restrictions, proportionality, level of detail needed, and definition of terms such as "incentive based". These topics were also discussed at the WAPC meeting. Jim Cook presented information on how Nebraska thinks the Action Plan should be approached. This led to discussions of proportionality. During discussions, Colorado expressed the point that they will not consider any projects that result in curtailment of consumptive use. Concern over this position was raised. Each state agreed to provide the WAPC with a list of possible projects that could be implemented to produce water for the Program.

Jim Lutey provided information pertaining to the level of detail needed for EIS and ESA evaluations of the Program. The Endangered Species Act (ESA) was identified as driving force for the level of detail needed; however, FWS has some discretion. The Action Plan will need to provide estimates of water yield and assumptions for potential projects for inclusion in models used to evaluate the proposed Program. Additional information and more evaluations will be done as the Program is developed.

All parties agreed that "incentive based" requires willing participants. However, there was disagreement on how dollar thresholds are established in an incentive-based program.

Action items agreed to at the WAPC meeting included an agreement by the states to provide a list of proposed projects for consideration in the Action Plan by December 14. If the lists do not add to 60-80 KAF, Dan Luecke will add additional projects for consideration in bringing the total water amount to 70 KAF. John Lawson and Dale Strickland will compile the list prior to the December 16 WAPC meeting. The second action item was to ask Boyle Engineering to participate in talks between NPPD, Central, and the Bureau of Reclamation regarding power interference and its analysis in the Water Conservation/Supply Study.

Technical Committee

Paul Tebbel, Technical Committee (TC) Chair, gave the TC report. Paul noted that comments from the GC and others pertaining to the draft "Integrated Monitoring and Research Component" were to be submitted by today. The TC needs guidance on the level of detail needed for monitoring and research in the Program.

The TC had prepared a "pre-proposal" for the Finance Committee regarding a possible monitoring demonstration project at NPPD's Cottonwood Ranch Property. If the Finance Committee agreed with the concepts in the pre-proposal a full proposal will be prepared for the December GC meeting. The TC also prepared another "pre-proposal" for the Finance Committee that proposed additional funding for the ED's office to provide additional assistance to the TC in developing monitoring protocols. Dale briefly discussed how the protocols would be developed and that an evaluation of existing data would be included in each protocol. The TC would provide the evaluation of existing data portions of each protocol to the FWS for their consideration in revising the current Baseline Document.

Paul briefly discussed the TC review of the Baseline Document. Paul noted that the TC comments were only one set of comments and that comments submitted by individuals and other entities needed to be considered in the same fashion as TC comments. Rick Brown of Colorado noted that there had been some concern raised at the TC meeting regarding FWS possibly using the existing Baseline Document as a "yard-stick" by which the future Program would be measured. This point was addressed during the TC meeting.

Paul brought forward a minority opinion regarding wording in the "Integrated Monitoring and Research Component" document. The different opinions centered on the lack of definitions for "quality" and "suitable". Paul described the two different suggestions and the GC discussed the need for including either "quality" or "suitability". There was a suggestion that neither was needed because the term habitat in the document inferred that the habitat was suitable. Because the term "suitable" was used in the Cooperative Agreement, the GC agreed to the wording "change in area, distribution, and suitability of whooping crane migrational habitat."

Because Paul Tebbel needed to leave the meeting early, Larry Todd suggested discussion the pre-proposal for protocol development prior to the Finance Committee report so that Paul could give input. Dale Strickland started the discussion by describing how the TC identified which monitoring protocols were needed. Dale also noted that the Executive Director's budget contains a budget for statistical help and that help had already been given. Funds remaining in this budget item would be applied to the increased need for facilitation of protocol development. The ED's office would be providing the TC assistance in evaluating existing protocols for use in the Program, evaluating existing data for use in data analysis during the Program, and in preparation of original protocols. The additional funds needed for the increased level of assistance in facilitating protocol development are already in the current TC budget.

Water Management Committee

John Lawson, Water Management Committee (WMC) Chair, provided the report. John reported that three main topics were discussed at the last WMC meeting: draft Water Conservation/Supply Study (WCSS), demonstration projects, and tracking/accounting. During discussions of the draft WCSS, Boyle Engineering gave a status report. Boyle has received over 300 comments on the draft report and is in the process of addressing the comments. Two major points were extensively commented on: power interference and watershed management. Many of the comments went beyond the scope of work for the draft report and will be considered by the WMC in the Action Plan. Because Boyle will completely reprint the report, a budget adjustment may be necessary to cover printing. The revised report will be to the printers December 7 and to John Lawson for distribution to the WMC December 13.

Currently, no demonstration projects are at the point for consideration by the Finance Committee or GC. Tri-Basin NRD is currently working on a project that may be brought forward shortly.

John noted that all three states have reported that they have systems currently in place to account for and track storage water; however, there are problems in tracking and accounting for natural flows. The states have agreed to come up with ideas on how to conduct tracking and accounting of Program waters that occur as natural flows. This will be needed for compliance monitoring of water projects that result in natural flows.

Margot Zallen asked for an update on the current status of each states future depletions reports as part of milestone W14-1. John responded that Colorado has submitted and the GC has accepted their process. Mike Besson and Jim Cook responded that Wyoming and Nebraska would be prepared to discuss their future depletions at the December meeting.

Land Committee

Vernon Nelson and Rhodell Jameson, Land Committee (LC) Co-Chairs, provided the report. Rhodell reported on activities of the Mapping Subcommittee and Third Party Impacts Subcommittee. Lisa McDonald reported that she has completed the draft Phase II report and that comments are due November 30. Lisa will give a presentation of the report at the December GC meeting.

Mary Jane Graham reported on progress of the Land Ownership Entity White Paper. The draft report will be shipped from the printers on November 22, 1999. Margot suggested also distributing the report via email. There was general discussion regarding the number of individuals at the table as well as the purpose of the workshop. There was general understanding that the main focus of the workshop will be to discuss the legal and institutional constraints along with the structure of a land ownership entity for the Program. There will also be the need to address other topics such as how lands will be managed, but to a lesser degree. The facilitator will need to keep track of all discussion points for consideration by the appropriate committee. There may be the need for a second facilitated workshop to work through some of the other issues once the structure of an entity is agreed upon.

Dale Strickland reported on the progress of the Habitat Protection Plan Task Force. The Task Force has completed a detailed draft Habitat Protection Plan outline for review by the GC. Details of the outline will be filled in before Program implementation. Dale briefly discussed the basic layout and content of the Habitat Protection Plan and noted that the LC and TC have agreed that the current draft is adequate. After GC approval, the intent of the Task Force is to provide the outline to the EIS Team and FWS for their use in ESA and NEPA reviews. The outline will be discussed at the December GC meeting. Paul Currier and Brian Barels gave some of their general comments. These comments and others from the GC will be forwarded to Dale by December 3 and will be considered in revising the draft outline.

Vernon reported that the Water Leasing Subcommittee, made up of 12 individuals in the central Platte region, continues to determine cost estimates for leasing of irrigation water. Vernon asked for clarification on Colorado's position, discussed at the WAPC meeting, of Colorado not considering water leasing as an option to provide water to the Program. Colorado responded that they would be drafting a list of projects for consideration in the Action Plan, but that water leasing would not be considered. Mike Besson responded that Wyoming would be conducting a study similar to the one of the Water Leasing Subcommittee.

Outreach Committee

Jeff Buettner, Outreach Committee (OC) Chair, provided the report. The OC decided at their last meeting that information pertaining to the Action Plan needs to be developed. In advance of the draft Action Plan, the committee will prepare an explanation of the process used to develop the Action Plan and fill in the details of the Plan as it is drafted. Other areas being addressed by the OC are preparing a question/answer brochure to help explain the Environmental Account and preparing information pertaining to the Central Platte NRD and USGS study of ground water levels. Mike Besson suggested that an update pertaining to groundwater studies was also of interest to the GC. The OC continues to assist the LC in preparing the monthly LC newsletter. Wyoming and Colorado have decided to delay publication of newspaper inserts in their respective states until after further development of the Action Plan. Kent Holsinger was appointed by Colorado to represent the state on the OC, and the GC agreed.

Finance Committee

Larry Todd, Finance Committee (FC) Chair, provided the report. Larry reported that invoices have been received from the Executive Director's office, and WEST Inc. The FC and GC accepted the amount of $30,982.93 for November invoices. The FC and GC agreed to direct the Nebraska Community Foundation to pay previous committee invoices totaling $26,107.34. The Executive Director had presented a preliminary Cooperative Agreement/Program budget for FC comments. Further work is needed before it is presented to the GC. The next Crediting Workshop is scheduled for January 12 at the EIS Office in Lakewood.

Larry also reported on two "pre-proposals" brought to the FC for review. Larry noted that the pre-proposal for a Monitoring Demonstration Project was discussed after the TC report earlier today. Larry briefly described a pre-proposal brought from the TC to have the ED's office provide additional assistance to the TC in evaluating existing protocols and preparing new protocols for use in the Program. TC and Dale Strickland will put together complete proposals for consideration at the December GC meeting.

Milestone Reports

Colorado - Peter Evans indicated nothing new to report.

Nebraska - Dayle Williamson reported that Nebraska has hired a replacement for Shari Miller to coordinate outreach activities for his office.

Wyoming - Mike Besson distributed the quarterly written report (see attachment) and noted that activities are continuing. Mike also distributed Wyoming's report on new depletions (see attachment).

Department of the Interior - Jim Lutey noted that Baseline Document discussion was covered during the TC report and that he had nothing new to report. Larry Todd reported that the EIS Team continues work on alternatives and could provide one as an example for assistance in developing the Action Plan.

Lynn Holt asked that electronic copies of milestone reports be provided to her for posting on the web page.

Additional Discussion

Margot Zallen expressed the need for Colorado and Nebraska to work on a plan to legally test Nebraska's laws for protecting Program waters. The plan would be implemented when pumping begins at Tamarack. Nebraska and Colorado agreed to start working on a plan and report on progress at the next GC meeting.

Brian Barels asked the GC to appoint someone to participate in the Cottonwood Ranch Development and Enhancement Oversight Committee established in NPPD's FERC license. Paul Currier volunteered and was accepted by the GC.

Dale Strickland distributed a Land Ownership Entity workshop update provided to him from the workshop facilitator (see attachment).

Vice Chair

Don Ament, Colorado GC representative, volunteered for the vice chair position, and was unanimously accepted by the GC.

Future Governance Committee Meetings

December 16 - Water Action Plan, FWS 3rd Floor Conference Room, Lakewood, Colorado

December 17 - Regular GC meeting, FWS 3rd Floor Conference Room, Lakewood, Colorado

January 20 - Water Action Plan, Quality Inn, North Platte, Nebraska

January 21- Regular GC meeting, Quality Inn, North Platte, Nebraska

February 23 - Water Action Plan, site to be determine, Wyoming

February 24, Regular GC meeting, site to be determine, Wyoming

Adjourn

The meeting was adjourned at approximately 11:30 a.m.