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.. .\ , e e e '001511 DRAFT May 10. 1995 re-regulate water that is legally and phYSically In excess of the South PlaUe River Compact delivery requirements and existing and future demands for water In Colorado ("excess flows"). However. any implementation of alternatives to reregulate excess flows will be dependent upon various factors. including whether the theoretical benefits to the species will be reduced or destroyed due to actiVities outside of the State of Colorado. The reregulation potential of projects such as the Tamarack Wildlife Refuge should be considered. as they appear to have the capability to prOVide benefits to Usted species through the reregulation. For exaD:1ple. the Tamarack Project has the potential of reregulating over 10.000 acre-feet of excess flows which occur between November 16 and January 31 of each year for return to the river at times when those flows would be beneficial to the listed species. These projects appear to have the potential to reregulate excess flows for return to the South PlaUe River at a location where there Is no possibility that this water could be rediverted and used In Colorado. The Platte River Project WIll explore the potential for a role of the Colorado Instream Flow Program for the protection of the reregulated flows generated by these projects. lhIs is COnsistent with the requirement that the management of excess flows not create an Interstate water delivery obligation In addition to the South Platte River Compact. Members of the Project will continue to work WIth and contribute In-kind services to existing efforts in Colorado to model the South Platte River as a part of either a Basin-WIde or Colorado program. These efforts should continue as they will aid In deftntng excess flows In Colorado. ways to continue to develop the unappropriated waters In Colorado. and feasible means to address the species concerns In the Central Platte Region. The possIbility of re-regulatlng excess stream flows In the State of Nebraska utilizing these same concepts should also be investigated. Because this could be done In close proximity to. or within. the desIgnated habItat these efforts would be far more efficient in recovering the speCies when compared to s\nli.la:r efforts wlthln Colorado. Other alternatives. as well as legal and Institutional arrangements that may be a part of either a Basin-WIde or Colorado program. will be considered . , as appropnate. Funding of either a bastn-wide or a Colorado program will Include monetary and In-kind contributions from water users. and may also include monetary and In-kind contributions from other entities such as the State of Colorado. Colorado DiVision ofWildItfe. Colorado Water Conservation Board. and Great Outdoors Colorado. A Colorado Program including these concepts could be implemented immediately. ApprOximately two years would be necessary to assess whether a partlcular alternative is Viable and cost- effective. followed by Implementation of the Initial stages of such a project within 5 years. 3