Meeting: Colorado River Management Committee, Denver, Colorado

Date: February 17, 1998

Attendees: See Attachment 1

Assignments are highlighted in the text.

CONVENE: 8:30 a.m.

1. Review/modify agenda and time allocations - The agenda was revised as it appears below.

1a. Brief review of pending items for next Management Committee meeting (see agenda item #10)

Unliquidated obligations: Brent Uilenberg distributed an updated spreadsheet, noting three major concerns: 1) Wahweap (150K); 2) Utah levee removal evaluation (131K); and 3) Colorado pond reclamation (153K). Barry and Peter reported that they are working on those. Chris Karas said they are working on a letter to Utah regarding unliquidated obligations of annual funds. Chris said they're making changes in the way they track the funds to improve this process in the future. Brent reemphasized the need to add a section to the annual report indicating billing status (per the recommendations in his previous memo). We'll add an update to the Implementation Committee agenda reporting on progress to resolve these problems. >Brent will provide an updated spreadsheet at the next Management Committee meeting. >Reclamation will provide >Angela some language to incorporate into the annual report format.

2. Approve January 27, 1998, meeting summary - The summary was approved as written. Tom Czapla reported that the Coordinated Hatchery Facility Plan and Genetics Management Plan will be mailed out this week. Chris Karas reported on the President's recommended FY 99 budget for Reclamation, which contains $8.687 million for Endangered Species Recovery Programs and Activities: $459K for the San Juan Recovery Program; $600K for other activities to avoid jeopardy; and $7.628 million for the Upper Colorado River Recovery Program. Angela Kantola reported that the FY 99 proposed budget for the Service contains $636K for the Colorado River Recovery Program (resource management funds) and $308K for Ouray National Fish Hatchery operation and maintenance. The $200K of Section 6 funds is never earmarked in the President's budget.

3. Review the 1998 D.C. briefing trip meeting schedules - Henry reported that the Service is setting up the meetings they're responsible for today. Since there have been many changes in congressional staffs, John Shields asked that >Management Committee members note who we'll be meeting with of their congressional delegations' staff. Dan McAuliffe is going on the trip for Colorado. >Peter will check with Dan on the status of the Colorado meetings. Jim Lochhead may go on the trip also, but thought that an earlier trip might be appropriate. >At the Ad Hoc group meeting, they will discuss if certain people may need to go back for some earlier briefings on the long-term funding legislation. >Tom Pitts will send out the draft letters next week. Robert said Audrey Pritchard would participate in the briefings on Friday, March 27 and that he would participate the following Monday -Wednesday. The environmental groups are working on setting up a meeting with the Endangered Species Act Coalition, perhaps on Tuesday, March 31. John Shields will wait until more of the Congressional briefings have been scheduled before trying to schedule something with the Western Governor's Association. The group agreed to meet with Utah Senate members before meeting with Colorado Senate members on Thursday, March 26. >Barry will check with Dan McAuliffe (who is scheduling the Colorado briefings) and Kathleen Clarke to see if this can be arranged. We'll ask Tim Stewart (Bennett's office) on the Senate side and Andy Dyer (McGinnis' office) on the House side to circulate the support letters for signature. Chris Karas said they're still checking on whether Reclamation can participate in the briefings. Chris noted that the briefing group should familiarize themselves with the ongoing DOI review of the impact of the ESA on Native American tribes. Other meetings: >The Ad Hoc group will determine if a meeting is needed with the Office of Management and Budget. >Henry Maddux will set up meetings with the International Association of Fish and Wildlife Agencies (IAFWA) and the Sportfishing Institute. >John Shields and Henry Maddux will send a letter (with briefing booklet and support letters attached) to the National Fish and Wildlife Foundation letting them know we'll be in Washington for briefings. >Tom Pitts will check with New Mexico regarding whether it would be appropriate to meet with any of their Congressional representatives during the trip.

Peter reported that Colorado's draft legislation is in process (it cleared the Agriculture Committee and is pending in the House Appropriations Committee on its way to the House floor) and he thinks it will be approved with at least $2M in it this year. The Board's intention is to continue adding to that until their share of the total is reached over the next 3-4 years. John Shields noted that he posted the Wyoming bill language to the listserver. The bill was referred to House Agriculture Committee (hearings not yet scheduled); Wyoming is hopeful that it will pass. Barry said he believes Utah's legislation just passed the House (FY 99 budget). The States have not yet agreed to a specific allocation of the $17M, and that remains a concern to be resolved among the States. Barry said he doesn't believe the split among the states has to be resolved in order to get the legislation passed in Congress.

4. Service's draft sufficient progress assessment - The Service met on February 11 to conduct their annual review of Program progress. They are preparing their draft memo to Program participants and will e-mail the draft to the Management Committee as soon as Ralph Morgenweck has the opportunity to review it (which should be by February 20).

5 Status of Program Director's request to correct annual reports (Maddux) (5 min) - This request is in preparation, but has not yet been sent to principal investigators. That memo should go out later this week, with a copy posted to the listserver.

6. Status of IMO documents - Larry Crist reported that the Biology Committee approved the Management Objectives report on February 12, but deferred final approval of the modeling report until their next meeting (March 23). Their primary change was agreeing to modify the table listing the populations (number and location of populations of each species) to agree with the Genetics Management Plan. >The Service will announce availability of the final IMO document in the Federal Register and will use the IMO document and public comment to revise the recovery goals. The Recovery Program will give final approval to the IMO's after the public comments are received. >The Service will make sure that Program participants receive a copy of the Federal Register notice.

7. Review/approval of recommended RIPRAP revisions (to be discussed and approved by the Implementation Committee on March 6).

The Committee began with discussions of changes in CWCB's instream flow appropriation schedule. The Committee agreed to accept the CWCB revisions, pending review by the Water Acquisition Committee prior to the Implementation Committee meeting (>George Smith will schedule a conference call, and will include John Shields and Brent Uilenberg). >Peter will provide a summary of the Board's new process and a summary of the changes (with a Gantt chart) prior to the conference call. >If the Water Acquisition Committee has any significant concerns, they will inform John Shields. With regards to scheduling activities beyond 2003, the Management Committee: 1) approved the extension of the RIPRAP beyond 2003; 2) will inform the Implementation Committee that the RIPRAP contains dates beyond 2003 and that the Management Committee will draft an approach for dealing with the fact that we are scheduling activities beyond 2003.

The Committee recommended the following additional changes:

Page, Item Change

(22, IIIB4b/c >Henry will send Robert Wigington a copy of the states' annual reports showing how the states complied with the nonnative fish stocking procedures.)

24, VF Change to add the parenthetical "(including a baseline assessment of the San Rafael River)." Chris Karas agreed to this change (and deleting the San Rafael item on page 27) with the understanding that no one will object to adding the San Rafael back into the Green River Action Plan, should we determine that additional work or activity is needed there.

25, VIIA1 Add item to: Assure consistency of RIPRAP with currently approved recovery plans (PD, ongoing; 12/98).

25, VIIA2 Add item to: Recognize the role of the Colorado River Endangered Fish Recovery Program in revised recovery plans (FWS, ongoing)

27, IC1 Change to read: Estimate potential contributions of Price River to achieving recovery.

27, ID1 Delete San Rafael River item

28, The Committee discussed the footnote added to items IIA2d and IIA3b by Biology Committee. >The Management Committee requested that Pat arrange for an early report from the levee removal evaluation by December of 1998. The footnote was revised to read "Subject to review and approval following preliminary review of levee removal study by 12/98."

29, IVA2 Add "As guided by the Genetics Management Plan" to the text.

33 Don't add IIIB4 (this is part of IA4a3fii on page 30).

42, IA3c3eii This item is complete. Add new item IA3c3eii: "Make recommendations, Colorado Dept. of Parks/BOR, 6/99."

46, IIB2a3 Add footnote: "If the recommended alternative is to remove the Price-Stubb diversion structure, this could be completed by 3/99; if the recommended alternative is to build a fish passage similar to that at Redlands, then this would be completed by 9/99."

47, IVA4 Add "As guided by the Genetics Management Plan" to the text.

51, IVAb2 Add "As guided by the Genetics Management Plan" to the text.

53 >Reclamation will update the cost basis table and narrative developed last summer for long-term funding. The qualifiers on the current page 53 table are covered in that narrative. >Brent will send a draft of this to Robert, Tom, and Angela.

8. Review/approval of recommended FY 99 Program Guidance (to be discussed and approved by the Implementation Committee on March 6). The Committee recommended the following additional changes:

Page Change

I-2 San Rafael assessment will be combined with tributary evaluation on page V-5 and made a 1-year study.

(II-2 Brent noted that at some point the Program needs to address how we'll fund selenium work (annual or capital funds). >The Program Director will recommend the funding source for the selenium projects when he develops the draft work plan.)

III-1 89 - Delete (the ISMP evaluation will be completed in FY 98).

(III Gary Burton noted that the Glen Canyon Studies group has asked if we would be interested in partnering with them in nonnative control studies in the Grand Canyon. The Management Committee said they would consider it as an unsolicited proposal to our Program [since the study would be carried out in the Grand Canyon and the nonnative species of interest are different].)

IV-2 Footnote the razorback and squawfish translocation new start with "Funding is dependent upon: 1) resolving the take issue associated with diversion structures above Palisade; and 2) approved augmentation plan for this reach."

V-4 Approach for assessment of ISMP objectives and methodology - Tom Pitts disagreed that the Biology Committee agreed to delete the approach section completely. The Management Committee discussed this at length, with Tom Pitts strongly recommending hiring a biostatistician to take the lead staff responsibility for this effort. >Tom Pitts, Henry Maddux, Larry Crist, and Tom Czapla will develop a revision of the Program Guidance for this item.

V-5 A one-year assessment of the San Rafael will be incorporated into the contribution of tributaries new start.

VI-1 Revise title and description to clarify what the $44,000 is for (products) (so that this isn't confused with Connie's salary and benefits which are in project #3 under Program Management). (>Henry agreed that Connie will post the address for the Program's public web pages to the listserver next week.)

VII-1 To project #3, add a report from each of the coordinators on the primary objectives and accomplishments were under each Program element (as part of annual summary report). (Angela Kantola said that the 1997 summary report will have a section that makes a good start at doing that.) The Program Guidance will reflect that instead of setting aside funds for emergency response, the Management Committee authorized the Program Director discretion (up to $10,000) to respond to emergencies (such as oil spills), and the Program will commit to finding the funds after the fact. With regard to a web site for Program participants (to include such things as web-based tracking), the Committee didn't believe this needed to be a new start in Program Guidance, rather we will see what evolves from the tracking system being developed by the Program Director.

Brent Uilenberg said that projects #2 and CAP-21 will come in with a higher budget than that shown in Program Guidance.

9. Letter to the National Irrigation Water Quality Program (NIWQP) - This letter says something like "based on studies conducted to date, the Recovery Program believes there's sufficient justification to begin selenium remediation in hot spots throughout the basin." Tom Pitts said he doesn't think Program has ever come to that conclusion, and this statement doesn't concur with what the Management Committee said (that we'll review the Hamilton's report first). Pat Nelson said he doesn't view this language as committing the Program to funding remediation, but it does support NIWQP's efforts to do so. Brent confirmed that NIWQP is not looking to the Recovery Program for remediation funding. The Management Committee tasked the >Biology Committee with reviewing Pat Nelson's recommendation (in his selenium update) and Hamilton's report and provide recommendations to the Management Committee.

10. Draft Implementation Committee agenda for March 6, 1998, meeting - The Committee changed the start time to 8:30 and drafted the following agenda items for the March 6 meeting.

- Approval of September 17, 1997 meeting summary

- Recovery Program and fish status update

- Review/approval of recommended RIPRAP revisions

- Review/approval of recommended of FY 99 Program Guidance

- Update on long term funding legislation (Note - before the Implementation Committee meeting: 1) >John Shields will send a memo to the Committee noting that Implementation Committee members will be asked to take a position on the long-term funding legislation specifying a 0-3% overhead rate (John provided a draft of this to the Management Committee); 2) >the Program Director's office will provide a description of services covered by the Service's overhead charge, and will explain the difference between these services and any similar line items (e.g. space charges) in Service scopes of work; and 3) >the Program Director's office will determine if the proposed legislation allows direct appropriation to the Service (Robert Wigington's interpretation is that base funding can be directly appropriated, but perhaps capital funding cannot). >This question will be posed to the Ad Hoc group on March 2.

- Update on Congressional briefing trip scheduled for March 26 - April 1

- Update on Management Objectives

- Discussion of the Service's sufficient progress assessment

- Update on biological opinions

- Update on FY 98 budget execution

- Report on progress to clean up unliquidated obligations

- Scheduling of September 1998 Implementation Committee meeting.

11. Next Management Committee meeting - April 16 at the Fish and Wildlife Service office (Reclamation's meeting room was unavailable) in Grand Junction. The meeting will start promptly at 9:45 a.m. and last until 5:00 p.m. Flights from Denver and Salt Lake arrive at 8:55 and 9:30 a.m., respectively; return flights leave for Denver at 6:45 p.m. and for Salt Lake City at 6:20 p.m. Pending items for the next meeting are: review of action items from recent meetings; update on capital funds expenditures; annual report process and request for corrections; tracking system; status of unliquidated obligations; ground tour/river trip; peer review process (Utah concern); and approach to dealing with the 2003 Program cutoff date.

ADJOURN: 4:15 p.m.

Attachment 1

Colorado River Management Committee, Denver, Colorado

February 17, 1998, Meeting Attendees

Management Committee Voting Members:

Brent Uilenberg Bureau of Reclamation

Chris Karas Bureau of Reclamation

Peter Evans State of Colorado

Tom Pitts Upper Basin Water Users

Barry Saunders Utah Department of Natural Resources

Robert Wigington Environmental Groups

John Shields State of Wyoming

Gary Burton for Clayton Palmer Western Area Power Administration

Nonvoting Members:

Dave Mazour Colorado River Energy Distributors Association

Henry Maddux Recovery Program Director, U.S. Fish and Wildlife Service

Recovery Program Staff:

Angela Kantola U.S. Fish and Wildlife Service

Pat Nelson U.S. Fish and Wildlife Service

Tom Czapla U.S. Fish and Wildlife Service


Larry Crist Bureau of Reclamation

Dave Swanson Western Area Power Administration

Ray Tenney Colorado River Water Conservation District

George Smith U.S. Fish and Wildlife Service