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i . . . Page 5 that they could recover for Nebraska's overuse whether or not they received their full apportionmeut, The long-awaited USGS Republican basin ground water model is now almost a year late, The USGS released the predevelopment model in October, but did not release the derivation ofthe underlying data and other key items that go iuto developing and understanding the model. They also did not release the post-development model (the one that might answer the question about well depletions that are at the heart ofthis lawsuit) because it was still not calibrated. Supposedly that part of the model will be ready in January, There have been three settlement meetings among all three states and the federal government in October and November, but no substantive progress. Everyone thought we needed a fadHtator, both because the issues are going to be very, very difficult and to give our settlement talks additional credibility with the Special Master. Nebraska, Kansas, and the federal government were all highly impressed with the firm that did the previous Kansas-Nebraska mediation on the Republican, CDRAssociates in Boulder, Colorado. The State Engineer's office will contract with the mediator. We have scheduled another settlement meeting for December 6 and 7 in Denver, The Master has scheduled several crucial compact issues for briefing in January. If Nebraska and Kansas reach settlement on the 1959 to 1994 period in the next month, the briefs may be postponed. The issues involve: (1) whether Nebraska and Colorado have a Compact obligation to make Kansas' entire main stem allocation available at Guide Rock, Nebraska; (2) whether to recover damages a complaining state must show both overuse by another state and receipt by the complaining state ofIess than its allocation; (3) whether water use under the Compact should be measured on a statewide or a sub-basin by sub- basin basis; and (4) whether overuse by Kansas in sub-basins upstream of Nebraska should be set off against any shortage that Kansas suffered downstream of Nebraska in that year. 8. Animas-La Plata Pro.iect. Issue: Now that legislation authorizing the construction of the down-sized Animas-La Plata Project has been enacted into law, the next task is to assure that Congress appropriates sufficient funds to keep development on track. Discussion: Wendy Weiss has worked with the project proponents, the Colorado Water and Power Development Authority, and other parties to amend the 1986 cost-sharing and escrow fund agreements to conform to the reduced project. On November 15 Senator Campbell informed Ken Salazar that the anticipated funding for construction is stilI on track for this year.