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<br />.. <br /> <br />UUliJl~ <br /> <br /> <br />~ LANDMARK <br />Legal Foundation <br /> <br />RECEIVED <br />FEB 2 8 1997 <br /> <br />Colorado Walsr <br />Conservation Board <br /> <br />February 14, 1997 <br /> <br />VIA FACSIMILE AND U.S. MAIL <br /> <br />Mr. Bob McCue <br />Supervisor <br />U,S. Fish and Wildlife Service <br />Federal Building <br />103 West Second Street <br />Grand Island, Nebraska 6880 I <br /> <br />Re: Nebraska Water Users, lnc.'s Preliminary Comments on the U.S. Fish <br />and Wildlife Service's December 1996 Draft Biological Opinion on <br />Projects Nos. 1417 and 1835 <br /> <br />Dear Mr. McCue: <br /> <br />Nebraska Water Users, Inc. ("NWU") submits the following preliminary comments on <br />the U.S, Fish and Wildlife Service's ("FWS" or "Service") December 1996 Draft Biological <br />Opinion ("DBO") on Project Nos. 1417 and 1835. These comments are preliminary because the <br />information contained in the DBO and additional information provided by FWS in response to <br />requests made by Nebraska Public Power District ("NPPD") and Central Nebraska Public Power <br />and Irrigation District ("Central") is provides an inadequate basis for fully informed comment. <br />NWU reserves the right to submit additional comments upon review of any further infornlation <br />that may be provided by the Service. <br /> <br />Background <br /> <br />The DBO was issued in December 1996 by the Service. The Federal Energy Regulatory <br />Commission ("FERC") hastily scheduled a technical conference for December 17, 1997 in <br />Denver, Colorado. The purpose of the conference was to afford the Districts and other interested <br />parties the opportunity to ask the Service questions concerning the data, methodology and other <br />information presented in the DBO. Counsel for NWU (located in Kansas City, Missouri, some <br />575 miles from Denver) received notice of tile technical conference by U.S. l1\ai\ on Oecember <br />17, 1996. (According to a FERC representative, counsel was supposed to receive a facsimile <br />notification prior to December 17, but inadvertently was omitted by the facsimile operator.) <br /> <br />Following the technical conference, the Districts submitted requests to the Service for <br />additional information. Included in the information requests were identification of the <br /> <br />Ht';ldLju:lrleL': 2.\ t1 (;ulld 1\\l:IlUL' . Suitt' 2510 . 1\:ln:':ls City. Missouri h.t HIH . IX!(11.,-./.6(lOO . FAX (Hlfd \-.I-h()()!.) <br />W:l.sl11ng[On Office OIlL' !-,,1Ir.l)..:1I1 SqU:lft' SilUlh . SUIIL' l)O{j . \,\Iashing[oll. D.C. 20flO(l . (202l.\4,H-.\Y){l . FAX. 12(2) .1'>'\'.\.\1') <br />