Final Minutes
Water Management Committee Meeting
Denver Water Administration Bldg.
3rd Floor Conference Room
Denver CO
The Water Management Committee (WMC)/Depletions Plans Subcommittee Workshop began at 8:30 a.m. in Denver, Colorado. Following introductions, the agenda was reviewed. Mike Purcell provided the status of Wyoming's Future Depletions Plan. Wyoming's Future Depletions Plan will focus on covering existing water uses in Wyoming. It was noted that the settlement document currently before the Special Master containing terms of the settlement of the remaining issues in the Nebraska v. Wyoming lawsuit identifies limits on acreage and consumption for irrigation in certain basins in Wyoming.
Mr. Purcell described Wyoming's process for handling new depletions. New water related activities in Wyoming will be reviewed individually pursuant to the process and a determination will be made whether depletions from the new activity would be covered under Wyoming's Depletions Plan. Otherwise, the project proponent may have to "go it alone" and follow the normal consultation process with the U.S. Fish and Wildlife Service (FWS). The process provides for review of new depletions under the federal nexus and outside the federal nexus. Mr. Purcell anticipates the majority of the future development will rely on transfers of existing water rights to new uses. Since only the existing consumptive use would be transferred, there would be no increase in depletions. Wyoming assumes that small new depletions will be covered by a de minimis depletion payment program. Wyoming will address any depletion above the baseline on a case by case basis.
Wyoming's May 1, 2001, milestones identified as part of the extension milestone W2-EXT were discussed. Wyoming's process for handling new depletions satisfies the milestone of identifying the types of new water related activities and the projects covered by its plan for new depletions. The process will be revised as needed and included as part of the Wyoming completed depletions plan, due July 1, 2002. The milestone requiring an analysis of Wyoming's Depletions Plan potential effects on pulse flows has also been satisfied. No effects to pulse flow from Wyoming's Depletions Plan are anticipated, since the plan will not rely on new storage projects as a means to offset future depletions.
Jim Cook provided the status of Nebraska's Future Depletions Plan. Nebraska's Depletions Plan has been revised to include what types of projects are covered, identification of responsibility to offset new depletions, and identification of the species flows for the purposes of new depletions offset. Nebraska anticipates the vast majority of future depletions to be associated with new ground water wells. Offset water needed to replace new depletions will be provided from uncontrollable ground water sources, controllable ground water sources, and surface water. The results of the Cooperative Hydrology Study (COHYST) are anticipated to form the basis for the ground water uses depletion analysis. Nebraska's Depletions Plan currently identifies the species flows as the basis for measuring and offsetting the adverse effects of new depletions. The use of the species flows in Nebraska's Depletions Plan was identified as a topic of discussion for the Governance Committee, as the Three States' Projects and Water Action Plan were evaluated using the species flow and annual pulse flow recommendations.
Questions regarding the species flows and relationship to the target flows were raised. Mark Butler provided a brief presentation/review of the FWS flow recommendations. The FWS flow recommendations were identified as 1) 2.5- and 5-Year Peak Flows; 2) Average Peak Flows; 3) Annual Pulse Flows; and 4) Species Flows (collectively referred to as the target flows). The annual pulse flows are founded on the species flows, but call for higher flows during the February-March and May-June periods in 75% of the years. The reduction to target flow shortages determined for the Three States' Projects and Water Action Plan used the annual pulse flows and species flows as adapted to fit within a monthly time step for modeling. The FWS wants to reduce/lessen potential adverse effects above the Three States' Projects and Water Action Plan that the depletions plans may have on the pulse flow recommendations. New water storage projects were identified as having the greatest potential adverse effects on the pulse flow recommendations.
Following a break from 10:40 a.m. to 11:00 a.m., Nebraska's May 1, 2001, milestones identified as part of the extension milestone W1-EXT were discussed. Nebraska's latest draft of their Depletions Plan satisfies the milestone of identifying the types of new water related activities and the projects covered by its plan for new depletions. Nebraska will also develop a document describing the review process to determine that a project will be covered under their Depletions Plan. A qualitative assessment of Nebraska's Depletions Plan identified potential effects on the pulse flows (average peak flows). The milestone requiring an analysis of the potential effects on pulse flows of Nebraska's Depletions Plan has been completed via the qualitative assessment. Mr. Butler asked Nebraska if an estimate of future well development in Nebraska could be provided. In the absence of an estimate of future well development, Nebraska will include in their process document additional discussion of the anticipated projects used as offset sources.
Rick Brown provided the status of Colorado's Future Depletions Plan. Colorado's Depletions Plan (North and South Platte) is envisioned to cover all new water related activities benefitting water users in Colorado, exclusive of federal activities providing no benefit to Colorado water users. Colorado will offset new depletions in the North Platte River basin above the Colorado-Wyoming state line via Tamarack Phase II. While Colorado's Depletions Plan is anticipated to be sufficient to cover future depletions, Colorado does recognize the potential of a new water related activity with depletive effects beyond the capacity of their plan to offset, coming forward in the future. Given this situation, Colorado reserves the option of reconsidering different measures to mitigate those effects under the Program or excluding the activity from their plan. The FWS identified the need to be involved in the process to avoid a situation where Colorado expected an activity to be covered, while the FWS believed that activity was outside the scope of Colorado's Depletions Plan.
Colorado's May 1, 2001, milestones identified as part of the extension milestone W4-EXT were discussed. Based on the discussion, Colorado's milestone of identifying the types of new water related activities and the projects covered by its plan for new depletions is considered satisfied. Colorado will also develop a document describing the review process to determine that a project will be covered under their Depletions Plan. The milestone requiring an analysis of the potential effects on pulse flows of Colorado's Depletions Plan will be considered completed when Colorado has completed a description of their process.
The states agreed with the concept of developing a document (similar to Wyoming's process for handling new depletions) describing the process to review new water related activities and determine if they fit within the scope of the respective States' Depletions Plans. The schedule for developing the process was moved forward, with the recognition the process documents will need sufficient detail by September 1 for use by the FWS in preparation of the biological opinion. The states are to provide drafts of their process document to Mr. Butler by the end of May. Mr. Butler will review the processes and discuss any issues with individual states. After this preliminary review, Mr. Butler will provide copies of the draft process documents to the Chair for distribution to the WMC for information. It is anticipated the Depletions Plans Subcommittee will hold a meeting in June, per arrangements by Mr. Butler. During the discussion of the depletion plans, the desire to continue current practice for small depletions/de minimis uses or a similar practice under the Program was expressed.
The action items for May 1 milestones under W1-EXT, W2-EXT, and W4-EXT are summarized below.
Wyoming:
- Revise existing process document for the handling of future depletions as needed and provide to Mr. Butler by end of May.
Nebraska:
- Develop and provide process document for the handling of future depletions to Mr. Butler by end of May
- Provide an estimate of future well development in Nebraska or include in their process document additional discussion of the anticipated projects used as offset sources.
Colorado:
- Develop and provide process document for the handling of future depletions to Mr. Butler by end of May.
FWS (Mr. Butler):
- Provide copies of the process documents to the WMC Chair for distribution to the WMC for information
- Arrange for a Depletions Plans Subcommittee meeting in June to work with the States on their process documents.
Lastly, the agenda item regarding daily operation of Tamarack Phase I was discussed. The FWS needs further definition of the Colorado's decision path for determining when water will be taken into Phase I and in what storage zone the water will be placed. The Chair asked Mr. Butler to identify in a letter to him what specific information for Tamarack Phase I is needed to satisfy the data and analysis needs for the biological opinion. The Chair will forward the letter to Colorado for response.
The workshop adjourned at 1:15 p.m.
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