Governance Committee Meeting Minutes

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insured. The Legal Subgroup will come to the GC in October for approval of a preferred ? option. 2) The Legal Subgroup believes the Program needs to get an attorney on retainer to provide advice to the GC on insurance issues like those related to the choke point issues. Jerry Kenny said that David Smith is already employed to help with this and that the Finance Committee will be recommending that the GC agree to expand his contract to deal with this. Kowalski stated that other issues will come along that are not covered by that contract. The Legal Subgroup recommends that if those arise, the ED should go first to the ad hoc committee to see if they can provide advice and help. If they cannot, the recommendation is that the Program seek out an attorney to get additional advice and help for issues that come up in context of the Program that the ad hoc committee cannot solve. Water Action Committee Chair Frank Kwapnioski provided an update on the June 7 and August 8 Water Advisory Conference Calls. The WAC discussed the annual new depletions reports and received an update from Clayton Derby and Jerry Kenny on the Boyle water management study. The WAC recommends accepting the Colorado method for calculating and assessing new depletions. The WAC also discussed the Nebraska report and questions raised about the discrepancy in the number of wells listed and also the definition of new and expanded water uses. The WAC felt the Nebraska report was extensive but not complete and could therefore not recommend that GC accept the report. Nebraska said it will have a completed report by the first of the year (2008). Mike Purcell asked the GC to approve the Colorado plan for its annual depletion report and accept the Nebraska annual report as incomplete and anticipate revised report by end of year. The GC approved. Mark Czaplewski provided an update on a CPNRD project that should help with new depletions but that are not part of the Water Action Plan. The first is a re-regulation reservoir project NW of Elm Creek. It originated when locals complained of flooding. The NRD has been working on this for a couple of years and details are now worked out with a preliminary design. The project will be brought before the CPNRD Board this Thursday (August 23). Mark stated he believes it has the potential to work hand-in-hand with the Program and could provide offsets through a 3- way split on return flows to the Platte River from the Elm Creek project; CPNRD take 1/3, State of NE take 1/3, Program take 1/3. The project is expected to provide on an average annual basis 7,500 acre-feet of river return water. With NRD Board approval, the project with be constructed for $18 million over the next five years. Mark will work with Jerry Kenny and Frank Kwapnioski to get the project in front of the WAC. He also stated that the initial thought was for the Program to be a full-fledged partner and have a financial commitment in the project. Mike Purcell urged Mark to explore the option of the Program leasing water, and to keep the GC updated on progress. Don Kraus mentioned the possibility of Elwood Reservoir and a new project at the end of the Phelps County Canal contributing water to the Program. The group discussed the flexibility of This document is a draft based on one person's notes of the meeting. The official meeting minutes may be different if corrections are made by the Governance Committee before approval. Page 2 of 8