DRAFT Minutes
Water Management Committee Meeting

Jim Cook reviewed the Nebraska Plan dated January 22, 2004, with the WMC. Nebraska’s Plan addresses water uses occurring in two time intervals: 1) July 1, 1997 to December 31, 2005, and 2) after January 1, 2006. The State of Nebraska will provide depletion offset for new water related activities during the first period, while new water uses in the second period will not be allowed unless the adverse effects on flows will be offset. Nebraska anticipates that most new water related activities are likely to be development of groundwater. For this reason, Nebraska is developing the Cooperative Hydrology Study (COHYST) groundwater models as tools to examine the depletive/accretive effects on streamflow with respect to target flows and state-protected flows. The Natural Resource Districts (NRD) will monitor groundwater uses subject to the Plan, which are those wells that if pumped for 40 years would result in a cumulative depletion of 28 percent or more of the total groundwater consumed as a result of withdrawals from that well (40 yr/28 percent line).

By January 1, 2007, Nebraska will report the amount of new and expanded water use in the basin begun during the first time period, including the amount, timing, and location of any depletions to the target flows. By December 31, 2008, Nebraska will describe offset measures in place and/or planned for depletions occurring in the first time period and how those measures will offset depletions to state-protected flow and target flows. It was noted that depletion offsets may not be available until projects providing offset water are built/completed. It was also noted that depletions from well pumping would continue after the use of the well was discontinued due to “lagged affects” and may be a consideration in providing depletion offset.

The NRDs will look at groundwater uses within the 40 yr/28 percent lines developed using the COHYST models. Groundwater uses outside these delineations are not considered to result in depletions. The 40 yr/28 percent lines will be developed for the river and perennial tributaries and may be revised overtime, if needed. The Plan does not address depletions below Chapman, Nebraska.

Mr. Cook provided a handout related to LB962 that was signed into law on April 15, 2004. LB962 provides for proactive management of both surface and ground water, including more flexibility in the existing statutes governing the transfer of surface water rights. The effective date for LB962 is July 16, 2004.

Duane Woodward provided an update on the COHYST model development efforts. The COHYST study area includes about 23,900 square miles and includes in whole or part 43 counties. Three separate groundwater models are being developed to cover the study area using half-mile node spacing. The current schedule calls for the calibration of the models to be completed by late summer and the completion of the 40 yr/28 percent lines by the end of September 2004.

Mike Purcell reviewed the Wyoming Depletions Plan dated December 19, 2003, with the WMC. He compared the Plan to a picture frame where the outer most edge of the frame was the total water rights within the geographical area of consideration. The inter most edge of the frame was the baseline water used based on the period 1992 through 1996. If during any water year, water use exceeded the baseline (fell between the inter and outer edges of the picture frame), the water use above the baseline (overrun) would be quantified and replaced in September at the Wyoming-Nebraska State Line. The Modified North Platte Decree limits future water development is some areas, which is expected to limit new water related activities in these areas to water right transfers which are associated with the consumptive use and are not depletive in nature. Future groundwater use within the 40 yr/28 percent lines is anticipated to be administered along with the surface water, unless the project proponent can demonstrate the groundwater use in not hydrologically connected. With regard to the federal projects, it was noted that the water provided by those projects have been contracted for in the past and are included in the baseline. There was also discussion of the potential of addressing new de minimus uses through annual payments.

Colorado’s North Platte Depletions Plan was briefly discussed. The baseline for agriculture use for the Plan is set at 134,468 acres, the reported single year high. Depletions associated with irrigation of between 134,468 and 145,000 acres (the 145,000 acre limit established by the Modified Decree) constitute new water related activities. The resulting depletions and depletions associated with new water related activities for Municipal/Industrial and wildlife/environmental uses, will be offset at the Colorado-Nebraska State Line. Colorado expects future depletions in the North Platte Basin in Colorado will be small. The WMC discussed how Colorado’s expectation could be assured by providing conditions or reporting. There was discussion of providing depletions offset for the North Platte at the Colorado-Nebraska State Line.

The WMC discussed briefly the meaning of the 1,000 acre-foot/year depletion cap contained in the second paragraph on page 8 of the Federal Depletions Plan. Discussion of the proposed revised footnote 3 regarding agumentation plans in the Colorado South Platte Plan was deferred to a later date. It was noted that Colorado proposes that the conveyance loss factors in the South Platte Plan be revised to the conveyance loss values developed by the WMC for use in the Boyle Study.

The WMC Chair asked the members to provide in writing any significant concerns regarding the plans presented at the meeting by June 18, 2004. The next meeting was scheduled for June 22, 2004, in Denver, Colorado, from 9:00 a.m. to 4:00 p.m.

The meeting adjourned at 1:00 p.m. Mountain Time.