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<br />.uU~a48 <br /> <br />. <br /> <br />prudent alternative, if at any point the FWS becomcs aware of new information that <br />affects its original determination, it may reinitiate the original consultation, In this case, <br />the FWS may add new terms and conditions to its reasonable and prudent aitemative, or <br />may issue a jeopardy opinion, <br /> <br />The operation of the ESA has enornlOUS consequences on whether significant water and <br />power resource development activities can occur, and how they can operate. The <br />program contemplated by the Program Agrecment can be relied on to serve as the <br />reasonable and prudent alternative for all water development and use activities in the <br />Platte River Basin that could affect the habitat of the listed species. Therefore, it will <br />serve as an umbrella program, and avoid the litigation, confrontation and disruption that <br />sometimes have resulted from the imposition of the ESA's regulatory force on individual <br />pri vale parties. <br /> <br />. <br /> <br />The Colorado Permits. Many significant water facilities are located in Colorado's <br />national forests. These include reservoirs and diversion works that serve many of the <br />cities and farms located in the Colorado's South Platte and North Platte Basins. In its <br />consultation on the issuance or renewal of land use authorization permits by the Forest <br />Service for many of these facilities, the FWS has issued jeopardy opinions, because of <br />asserted impacts of water development and use to the habitat in Central Nebraska. The <br />FWS has allowed these permits to continue as valid, by virtue of interim conditions <br />pending the finalization of the Platte River program negotiations_ If the program is not <br />developed or implemented, these permits will need to go through individual, permit-by- <br />permit consultation, each entity potentially having to bear onerous reasonable and prudent <br />alternatives. The permittees dispute that their activities have an adverse impact on the <br />listed species or their habitat so extended and expensive litigation with the FWS may also <br />be a likely result if the pennit-by-permit approach were to be followed. <br /> <br />Colorado's interest in negotiating the program has been to develop as much regulatory <br />certainty for these and other existing water users as possible, while providing defined and <br />measurable contribution to the recovery of the listed species. Colorado has also sought a <br />framework which will allow new water use and development activities to move forward, <br />without the costly and time-consuming compliance that the ESA would otherwise <br />require. <br /> <br />. <br /> <br />The Kinrslev Relicensinfl Process. Kingsley Dam, located on the North Platte River in <br />Nebraska, forms Lake McConaughy, a 1 million acre foot reservoir that provides <br />irrigation water and electricity to central Nebraska. For the last 15 years or so, the FERC <br />has undertaken a process for the relicensing of the hydroelectric power-generating <br />features of the dam. One of the major issues in the relicensing is the impact that Kingsley <br />operations have on the listed species and their habitat. In its consultation on the FERC <br />relicensing process, the FWS has proposed two reasonable and prudent alternatives, one <br />with, and one without, a basinwide program. The "without a program" alternative would <br />impose much more onerous requirements on the operation of the facilities associated with <br />Lake McConaughy and Kingsley Dam. <br /> <br />3 <br />