Comments relative to the draft MOU for the RRVWSP EIS

By Neil Stessman, Volunteer, National Audubon Society

September 2002

SECTION V.  OPERATING PRINCIPLES

The last bullet indicates meeting minutes will be prepared by Reclamation and final minutes will be distributed once approved by the co-lead agencies.  It is important to the openness of the process that minutes be made available as soon as possible.  The opportunity for participation is greatly limited if such minutes are not made available promptly.  A commitment should be made in the document that minutes will be distributed within one week.  If the parties cannot agree on the content of the minutes, each should distribute their own versions within 10 days.

SECTION VI. DECISION MAKING PROCESS

The last sentence indicates that the State Engineer will continue to be responsible for interstate, international, and general policy.  The Red River is an interstate and an international river.  The RRVWSS and the EIS will therefore involve interstate and international issues.  How will the State Engineer carry out his responsibilities when the Garrison Diversion rather than the SWC is the co-lead with Reclamation for the EIS?  This statement in the MOU implies that any representative other than the State Engineer is "without portfolio" with respect to interstate, international, and general policy issues and that circumstance would seem likely to substantially hamper the process. 

SECTION VIII. ROLES AND RESPONSIBILITIES

There is mention of a " 2002 cooperative agreement" between the co-leads.  I am unaware of such an agreement.  Has a cooperative agreement been negotiated? 

A number of documents are listed in the last sentence of this section.  Would you please send me copies of all of these documents except the DWRA.  Copies should also be distributed to others indicating an interest in participating in the process.