Land Committee Meeting

Call to Order

Rhodell Jameson opened the meeting at 7:03 p.m.

Approval of Minutes

A motion to approve the minutes as written was made and seconded. The minutes were approved.

Committee Reports

Governance Committee - Dale Strickland reported on past meetings. Schedule changes were discussed, and it was noted that some things are behind schedule.

Vernon Nelson reported on the previous Governance Committee meeting held in Denver. He also indicated he, Rhodell, and Jim Lundgren had been working with Dale on a LC budget.

Dale Strickland was asked to review the Cooperative Agreement and the proposed Program for the committee since there were so many new people present.

Dale pointed out that the Cooperative Agreement (CA) is an agreement among the states of Nebraska, Wyoming, Colorado, and the Secretary of the Interior. Members of the CA have agreed to attempt to develop a Program that will reduce the conflict between four target species protected by the Endangered Species Act (ESA). The four species are the interior least tern, piping plover, whooping Crane, and pallid sturgeon. A successful Program will allow the districts (CNPPID and NPPD) to retain their FERC licenses, protect existing water rights, and allow future water related activities to proceed without conflict with the ESA.

The CA is funded by the three states and the Federal Government with the states contributing 50% and the Federal Government contributing 50% of the cost.

Dale described the administrative structure and pointed out a strong representation of Nebraska interests on the Governance Committee, the governing body of the agreement.

The overall objectives of the CA are to reduce shortages to target flows in the Platte River from Lexington to Chapman, Nebraska, and to protect, acquire, and restore habitat in the same area. The water and land necessary to meet these objectives will be acquired according to a Program that is currently being designed. The proposed Program will be completed at the end of the period of the agreement in mid-2000. The Program will acquire water and land in an incentive based program using a willing buyer/willing seller approach. The Federal Government is analyzing the proposed Program in an environmental impact statement.

The Program will be completed in phases or increments. The first phase will take about 10-13 years. Monitoring will be done to determine how effective water and land activities are in helping the species. The results of this evaluation will be used to determine if additional measures are needed.

Dale explained that the first phase or increment (10-13 years) will include two basic things: reduce shortages to target flows in first increment at Grand Island by an average of 130,000 acre-feet and provide the acquisition of 10,000 acres of habitat for the species from the J2 Return to Chapman. He pointed out that there is a long range possibility of acquiring 29,000 acres of habitat, but there is no specific long range goal for acquiring water in the CA.

Dale pointed out that Nebraska or any other party to the agreement can pull out at any time in the process.

Jim Cook, Nebraska Natural Resources, explained why Nebraska is nvolved in the CA and why the proposed Program is important to it. He described conflicts on the Platte and disagreements with Wyoming. He pointed out that these conflicts have occurred for a long period. He described how the ESA had made these conflicts more difficult and described the laws requirements.

Jim explained that it took 3 years to get us where we are now. He feels Nebraska has gained from sharing and negotiating. He indicated that we are trying to create a Program that we can live with and that we are just now formulating where we want to be. He indicated that the FERC re-licensing process for Central and NPPD was agony and that the Program will hopefully avoid this in the future.

Jim pointed out that all three states disagree with the science behind the USFWS estimates of species water needs. He also pointed out that, without the Program ,we will have to go back to letting the USFWS make decisions on individual projects which will result in costly delays and impacts to water users. He pointed out that the three states had already identified a source of 70,000 acre-feet of water and is currently looking for an additional 60,000 acre-feet. He repeated that the Program will acquire water and land on a willing buyer/willing seller basis.

He asked those present not to draw conclusions too early and everyone to participate in the process.

There followed a lengthy discussion of the Program and the ESA. Several individuals voiced concern over the Program and suggested Nebraska should withdraw. There was also considerable disagreement with the ESA. It was agreed by most people present that the Program must protect the interests of Nebraskans. There were other questions about who would approve the final plan in Nebraska and what would happen if Nebraska withdraws.

Following the discussion a motion was made that items F, G, and H on agenda would be moved forward and the Co-chairs agreed. The exact wording of the motion was "Mr. Chairman, there are a lot of older people and women here tonight that might find it difficult to stay for tonights total meeting ,and the sub-committee reports which are quite technical; so we would appreciate it if Items F, G, and H be moved up to follow the Governance Committee report so these older people could be here for Items F, G, and H--and I'll make a motion for this." The hand written version was provided to the secretary and is attached.

Land Committee Charter

Rhodell Jameson recommended the adoption of the draft Land Committee Charter which he circulated. The charter calls for a committee that operates on consensus and that the committee would have a specific membership including the co-chairs, the chairs of five sub-committees, area counties, and a representative from each member of the Governance Committee.

A lengthy discussion followed. There was disagreement with the proposed charter from most of those present.

Dan Ohlman, a farmer from Shelton, made a motion that Federal and State Government employees are to be excluded from voting on the Land Committee decisions and to only specifically furnish data and information to the citizens and taxpayers in the Platte River Basin for these citizens approval or denial. The exact wording of the motion was, AI'm sure that most everyone in this room know that there is a conflict of interest with Federal and State Government employees voting on Land Comm. Decisions; therefore, I move that Federal and State Government employees are to be excluded from voting on Land Committee decisions and to only specifically furnish data and information to the citizens and taxpayers in the Platte River Basin for these citizens approval or denial." The hand written version was provided to the secretary and is attached.

The group identified three options they preferred by a large majority, including 1) Federal and State employees excluded from voting, 2) no charter, and 3) a charter with membership only from central Nebraska.

Working by consensus was questioned because members would loose their right to vote. Dale pointed out that the Governance Committee created the Land Committee and from the start has requested that the committee operate by consensus. He said the Governance Committee wants to hear minority as well as majority opinions on all issues.

Jim Lutey followed with answers to questions about target flows. He said the target flows were developed in 1994 and were based on the best scientific information that they could. He indicated that the long range target of 417,000 acre-feet is off the table and that the monitoring of flows added during the first increment will be used to determine what future needs are. He pointed out that there is agreement for 130,000 to 150,000 acre-feet during the first increment. He also pointed out there is no goal other than first increment agreed to.

There was considerable discussion regarding the target flows. It was pointed out that there were water problems in Hall County and other areas near the river. There was fear expressed that the Program would make these water problems worse.

Budget

Vernon indicated the committee is working on a budget and would like to get office help in Kearney. A motion was made to provide an office and secretarial help in Kearney. The exact language of the motion was, AI move that Land Committee operations cease until an office, necessary equipment, full-time secretary, an 800 phone line, and adequate money is available for a full-time office in Kearney for the Land Committee.@ The hand written version was provided to the secretary and is attached. The motion was favored by a large majority of those present.

Information and Education

Paul Tebbel reported that the committee had not met since the last Land Committee meeting. He indicated the committee is meeting on Tuesday.

Mapping

Chair Larry Wells, a farmer from Elm Creek and owner of property in Odessa, reported on committee activities. His committee is keeping coordination and communication open with many groups. He encouraged people to contact him with questions.

Habitat Criteria Sub Committee

Chair Don Batie, Lexington farmer, reported on his committee's activities. He pointed out that his committee work pre-dates cooperative agreement. He pointed out that the first 10,000 acres need 1) wet meadows; 2) roosting and nesting habitat. His committees first preference is to acquire on lease basis, second preference is purchase of a conservation easement, and third preference is purchase.

Governance Committee has until July 2000 to adopt guidelines. Don will get copies to anyone interested. Now in planning stages to have workshop to evaluate habitat management.

There was discussion of people looking for endangered species on private land without their permission. Don assured the group that his committee was not looking for endangered species.

Third Party Impact Report

Co-Chair Richard Pierce, Buffalo County farmer and one of four county supervisors, gave a report on his subcommittees activities. He reported that the subcommittee held a meeting to listen to concerns from counties regarding possible third party impacts of the proposed Program. He reported on the issues and concerns identified at that meeting.

He pointed out that the Land Committee is going to hire a consulting economist to look at local third party impacts. Dale described two options for funding the study, 1) total funding by the Governance Committee and 2) shared funding with the EIS Team. The group reached consensus that shared funding would be the most desirable.

Concern was voiced over many third party impacts. It was pointed out that the proposed Program must identify potential third party impacts and recommend methods for mitigating those impacts.

Land Ownership Entity Subcommittee

Chair Paul Matson, businessman from Lexington, described his subcommittee's activities. They are examining different types of entities that hold properties. They are developing a discussion outline for a workshop being planned for around next February. Next meeting of the group is the second week in December.

Time Line for Land Committee

Dale indicated there were some problems with scheduling and that he would work with the committee to try and resolve those problems.

Next Land Committee

The next meeting was set for December 14 at Kirk's Restaurant in Lexington, Nebraska

Motion to adjourn at 10:20 p.m.