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<br />001514 <br /> <br /> <br />GALE A. NORTON <br />Anomey General <br />MAR11tA PmLLlPS ALl.BRIGIIT <br />Chief Deputy Attorney General <br />RICHARD A. WESTFALL <br />Solici[Or General <br /> <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OfFICE OF THE ATTORNEY GENERAL <br /> <br />STAlE SERVICES BUILDING <br />\525 Sherman Stree, - 5th Floor <br />Denver, Colorado 80203 <br />Phone (303) 8664500 <br />FAX (303) 866-569\ <br /> <br />March 4, 1997 <br /> <br />CON F IDE N T I A L <br /> <br />MEMORANDUM <br /> <br />PRIVILEGED ATTORNEY-CLIENT MEMORANDUM NOT TO BE PLACED <br />IN CENTRAL FILES. ANY CIRCULATION OR DISTRIBUTION TO <br />PERSONS OUTSIDE THE EMPLOY OF THE CLIENT MAY WAIVE THE <br />PRIVILEGE. <br /> <br />TO: <br /> <br />Jim Lochhead <br />Doug Robotham <br /> <br />Wendy Weiss ~~ <br /> <br />FROM: <br /> <br />RE: <br /> <br />Nebraska v. Wvominq-platte recovery program linkage <br /> <br />Attached are three documents from yesterday's Nebraska v. Wvominq <br />settlement meeting that may be of interest to you. The first is a <br />letter from Governor Geringer (Wyoming) to Governor Nelson <br />(Nebraska) stating that the endangered species issues must be <br />dismissed concurrently with execution of the cooperative agreement. <br />The second is Wyoming's proposed linkage stipulation. The third is <br />wyoming's three brick proposal. <br /> <br />_ J:_ see four 1 ""uea_ with.liyoming'sproposed st-ipula~rr.--.p4rst,- <br />paragraph 1 requires dismissal of all issues relating to the four <br />listed species and the whooping crane's critical habitat, but not <br />other Platte River environmental issues. For example, Nebraska <br />could litigate the needs of sandhill cranes one foot outside the <br />whooper habitat. That may be acceptable to us, since it doesn't <br />create endangered species precedent, but we need to discuss it. I <br />was noncommittal about this. <br /> <br />Second, paragraph 2 states that Colorado and Wyoming will withdraw <br />from the FERC proceedings. Nebraska wants us to affirmatively <br />support the licenses. My initial thought is that we could support <br />granting the licenses on terms acceptable to the Fish and Wildlife <br />Service, so that we protect the scoring. I suggested that we might <br />take this approach. <br />