FINAL Minutes
Water Management Committee Meeting

The Water Management Committee (WMC) meeting began at 9:20 a.m. at the Crystal Inn, Denver, Colorado. Following self introductions by those present, the minutes of the May 14, 2004, WMC meeting were reviewed and approved with corrections.

Steve Sims reviewed Colorado’s North Platte Depletions Plan with the WMC. Colorado anticipates future water development in the basin to be small as the existing development is near or at the limits for irrigated acres, transbasin diversion, and storage use and the population is not expected to increase significantly. Steve noted that the .25 acre-feet per capita per year value in the Municipal and industrial uses section D.2 would be revised to .27 acre-feet per capita per year to be consistent with the South Platte Depletions Plan.

The WMC discussed the concept of identifying a cap for the amount of cumulative depletion that Colorado could offset at the Colorado-Nebraska State Line without need for further discussion between Colorado and the Governance Committee. A proposed cap of 2,500 acre-feet for North Platte cumulative depletions that would be offset in the South Platte was discussed. While Colorado was open to discussion of the cap concept, no decision was made as to whether such a cap would be incorporated in Colorado’s North Platte Depletions Plan.

Considerable discussion regarding quantification of depletions and the effect to the critical habitat occurred. It was recognized that the WMC had not addressed this other than to develop the transit loss factors used for the Final Reconnaissance Study Report dated December 1999, to quantify the amount of a water contribution that would available at the critical habitat under “protected” or “non-protected” conditions. Some members questioned if the transit loss values used to determine the yield of the Water Action Plan projects at the critical habitat were appropriate for determining a depletion’s effect at the critical habitat. The Chair asked the WMC to review the methodology used in the development of the Reconnaissance Study transit loss values and provide comments regarding the adequacy of the methodology for use to determine depletions to the critical habitat, including identification of any alternative methods. The comments are to be provided to the WMC Chair by Friday, July 23, 2004. Committee members were directed to Appendix E of the Final Reconnaissance Study Report dated December 1999 for information regarding development of the transit loss values and the associated methodology used.

The proposed footnote 3 language contained in Colorado’s South Platte Plan provided for the Program document notebook was discussed. Recent changes require well augmentation plans to clearly identify firm supplies for well augmentation. Colorado believes that this requirement will not result in increased consumptive use. Pre-1997 well depletions will be fully augmented. Colorado anticipates between 600 to 800 Pre-1997 wells that may be unable to obtain firm supplies for augmentation will not be used. To address concerns regarding increased consumptive use, the WMC by consensus suggested the insertion of language in the last sentence of the footnote that reads, “…have agreed, based on the assumption that the court approved augmentation plans will not result in an increase consumptive use in Colorado, that wells…”

The Fish and Wildlife Service suggested an editorial change of striking the phrase “the period February through June of” in the language of Paragraph H.3 in the South Platte Plan referencing “… 121,000 acre-feet during the period February through June of any year …” with which Colorado disagreed. Since the WMC was not a party to the development or analysis for determining the 121,000 acre-feet value, the WMC Chair asked that Colorado and the FWS discuss the suggested change on their own.

The revised language in paragraph C stating “As amended by the Governance Committee based upon the results …” was questioned, as the Governance Committee is not believed to have adopted such an amendment in the South Platte Plan. The Executive Director identified that the Governance Committee has elected to keep the latest versions of documents in the Program notebook (the notebook containing the collective documents associated with the Program) for reference. It was noted that just because a document had been included in the Program notebook did not mean it had been reviewed and/or approved by the Governance Committee.

Colorado agreed to provide a redline strike out version of their December 9, 2003, Depletions Plans showing revisions resulting from the meeting.

Following a lunch break from 12:00 to 1:00 p.m., the meeting resumed with discussion of the Federal Depletions Plan. Don Anderson highlighted recent changes to the Federal Plan. He also noted that the plan had been sent to other government agencies for review. During the Program, the Federal Depletion Plan will offset all depletions related to federal activities. The WMC discussed the meaning of the 1,000 acre-feet/year cap of new federal depletions on page 8 of the plan. It was explained that the 1,000 acre-feet/year value was used in the National Environmental Policy Act (NEPA) and Endangered Species Act (ESA) analysis to represent the scope/scale of the alternative being evaluated relative to effect on peak flows. The FWS will revise the language for clarification.

During the discussion relative to determining effects on peak flow it was identified that 121,000 acre-feet and 20,000 acre-feet are being used in NEPA/ESA evaluation of the depletions plans for Colorado and Nebraska, respectively. The Wyoming depletions plan effect on peak flows was assume small due to limits resulting from the Modified Decree and future water development anticipated to be accommodated by non-consumptive water right transfers. The differences in the States’ Depletions Plans with regard to how the plans describe depletion offset relative to target flows or the critical habitat were noted.

Concern regarding the Federal Depletions Plan was expressed regarding the reliance of the Federal Plan on the States’ Plans and what would happen if a federal activity was not covered by a State Plan or if all the federal agencies understood that once a Program is initiated the de minimus use program associated will small depletion will no longer be available.

Since some WMC representatives from Nebraska needed to leave the meeting at 2:45 p.m. to connect with flight plans, the next WMC meeting date was discussed. The meeting date was tentatively set for August 5 ,2004.

The meeting continued with discussion of the Federal Depletions Plan. Polly Hays suggested language changes with respect to forest management plans described in the second paragraph on page 3 of the Federal Plan. Polly will provide suggested revised language to Don for incorporation into the Plan.

The WMC discussed the potential of identifying a cap for all the depletions plans, but concluded this issue was a policy issue to take to the Governance Committee.

In response to comments regarding the Wyoming Plan, Wyoming identified that the Pathfinder Modification Project provided an Environmental Account and a Wyoming (Municipal) Account. The Wyoming Account may be used to provide water for depletion offset. Wyoming anticipates excesses to the existing water related baseline will be mitigated at the Wyoming-Nebraska State Line.

The WMC Chair suggested that small comments that are not critical to the plans moving forward be handled directly between the commenter and the plan developer. The following other items associated with the depletions plans that need to be addressed were identified.

Creation of an executive summary for the Nebraska Depletions Plan summarizing time frames, responsibilities, and commitments there in.

• Review of the Cooperative Hydrology Study (COHYST) groundwater models. Will additional review be needed beyond Nebraska’s internal peer review?
• Concern that Nebraska’s Depletions Plan cannot replace depletions until year 2008.
• Can a Program be started with conceptual depletions plans?
• Is there a need for consistency among the plans regarding the development of baseline conditions?

The WMC asked that any additional comments on the Depletions Plans be provided by July 23, 2004.

The goal is to provide a recommendation to the Governance Committee regarding the plans in November 2004. The recommendation would frame the technical issues and identify/frame the policy issues to the extent possible for action by the Governance Committee. It is anticipated that the issues raised in the comments provided on July 23 will be discussed at the August meeting in an attempt to reach consensus or frame the issues to be further addressed.

The meeting adjourned at 3:45 p.m. Mountain Time.