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MEETING MINUTES
Final Minutes for January 21, 1998
Welcome / Opening Remarks
Chairman Pearson opened the Arizona Water Banking Authority meeting. All members of the Authority were present except Senator Pat Conner and Representative Gail Griffin
Adoption of Minutes of December 17 Meeting
The December 17 meeting minutes were adopted as submitted.
Discussion of the 1998 Annual Plan of Operation
staff activities Mr. Henley stated that the closing figure for water delivered in 1997 for the Arizona Water Banking Authority (AWBA) was 326,235 af.
The AWBA plans to deliver 360,000 af of water in 1998. Approximately 30,000 af were delivered in January.
Ms. Kunasek stated that the AWBA's web page is still in the process of development and should be up and running in February.
The Innovations in American Government application is now complete and has been sent to the John F. Kennedy School of Government at Harvard University.
Discussion and Recommendation on Number of Credits to be Reserved for Outside CAP Update on Interstate Discussions
Mr. Henley explained that the enabling legislation requires the AWBA to reserve a reasonable number of long term storage credits that would be accrued with the general fund appropriations for the benefit of municipal and industrial users outside the Central Arizona Project service areas.
Mr. Henley recommended setting 420,000 af of credits aside from the credits developed with general funds to firm the water of the "priority four" users. Mr. Henley stated that the 420,000 af should be subdivided among the three counties (Yuma, La Paz and Mohave Counties), with a major portion for Mohave County.
The credits developed with general fund monies can be used for four purposes: 1) firming the M&I supplies for outside the CAP, 2) firming the M&I supplies to CAP subcontractors, 3) assisting the on-going American Indian water rights settlements and 4) to fulfill the water management objectives that should be identified through the third management plan process.
Mr. Henley also recommended that the credits that were developed in 1997, approximately 150,000 af, be distributed to firm the M&I supplies for outside the CAP and that the credits be distributed on the basis of the percentages that were identified.
A motion to adopt the 1997 distribution as recommended by the AWBA staff was made. Ms. Pearson added that she would like to see more research done in the future and to have more community involvement and discussion about a long-term plan for how the credits will accrue for the different purposes. The 1997 distribution mechanism was adopted with the recommendations.
Mr. Henley stated that he would also like to request that the Authority members allow the AWBA staff to notify the different counties that the Authority has made the reservation and to give them an opportunity to comment.
Proposed Update to the Storage Facility Inventory
Ms. Kunasek gave an overview of the development of the storage facility plan.
A schedule listing the process to complete the plan has been prepared by the AWBA staff. A draft plan should be available in June 1998 for the Authority's review, and a final plan would be ready for approval by the Authority in August 1998.
A motion to adopt an amended Storage Facility Inventory that includes the schedule for the Plan's completion was made and the update was adopted.
Presentation and Discussion of Federal Register Proposed Rule on Interstate Banking issued 12/31/97
Mr. Henley referenced the review schedule of the timing process the AWBA staff should undertake in putting together public comments, which will then be submitted to the Secretary of Interior, Bruce Babbitt.
The AWBA staff will make the proposed federal rules available for feedback from interested parties. At the next AWBA meeting, February 18, the comments will be discussed. The Authority will then submit comments to the Secretary of the Interior.
The Bureau of Reclamation will promulgate a rule after reviewing public comments. The final rule will probably be complete in the summer of 1998.
Ms. Pearson summarized her concerns: - The type of water that may be stored by the Bank; - The use of the terms "entitlements" and "apportionment" almost interchangeably; - The definition of an authorized entity is overly inclusive; - The specificity required for the Interstate Storage Agreement; and - The scope of environmental review.
Bill Chase questioned whether the definition "authorized entity" means that AWBA would have to hold an entitlement and whether the AWBA is even authorized to hold an entitlement.
Public Comments:
Bob McCain of AMWUA said they concurred with the AWBA comments and expressed appreciation for the work the Bureau of Reclamation had done. Jay Moyes of the Meyer Hendricks law firm noted that impacts on the power production should be taken into consideration. Le Grand Nielson of the Bureau of Reclamation stated that the Bureau will hold public hearings to take public comments, if requested, on the proposed rule.
Brief Discussion of Annual Report Process
Ms. Kunasek stated that by law, the AWBA must produce a report of the previous calendar year's activities by July 1, 1998. The final report will be ready for approval and signing at the June 17 AWBA meeting.
Update on Interstate Discussions
Mr. Henley reminded the Authority members that the Secretary of Interior's December Colorado River Water Users Association speech was included in the public packet.
Ms. Pearson added that the seven basin states will meet in the next few weeks. They will discuss the proposed interstate banking rule, as there is an interest by the seven states to provide joint comments. An update on the efforts of California to adopt a 4.4 plan should be forthcoming.
Call to the Public
Chairman Pearson adjourned the meeting at 11:15 a.m.
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