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<br />-'. 'v. v...., ,JU/t"j~.j!::lU!::l ::> WY AG WATER DIVISIOt.l; ~2 <br />FEB-24-S7 16:14 FROM,GOVERNOR GERINGER WYOMING ID:30?S32380S <br /> <br />PAGE <br /> <br />2/3 <br /> <br />001515 <br /> <br />~'';, <br />l)':~~,..,i -" .~'~: <br />Iti, ; <br />"., '::JJ'i'I' "'::~ ','. <br />~-::;i,t~ <br /> <br />STATE OF WYOMING <br />OFFICE OF 1HE GOVERNOR <br /> <br />JIM GERINGER <br />GOVERNOR <br /> <br />STATE CAPITOL BUIIJ)lNG <br />CHF.YENNE. WY 8ZOO2 <br /> <br />February 24,1997 <br /> <br />The Honorable Ben Nelson <br />Governor of Nebraska <br />PO. Box 94848 <br />Lincoln, Nebraska 68509-4848 <br /> <br />Dear Ben: <br /> <br />I just reoc:ived a copy of Nebraska' s proposed dJaft stipulation regarding wildlife issues to aid <br />in the settlement of the Nebraska v, Wyoming litigation. I certainly appreciate your continuing <br />commi1ment to resolve the litiglWon. The draft is aonotated as being from Mr. Sievers, and is dated <br />February 11, 1997. <br /> <br />The dIaft makes reference to the litigation and the interest that Wyoming, Nebraska, Colorado <br />and the fed=! government have in resolving the issues. The draft also refers to Nebraska's concerns <br />with issues and alleged equities related to wildlife habitat along the North Platte, and suggests that <br />Co10rado's sole concern is with the establishment of needs for threatened and endangered species. <br />Resolution of the concerns would be by a cooperative agreement among the four parties. <br /> <br />The stipula1ion draft tben goes on to indicate that each state will be responsible for depletions <br />caused by increasedco~on su~sequent.to the agreemem"ll1Id th~ if"additional-->>,eroS..lll'e_.. <br />, ideDiified by the U. S. Fish and Wildlife Service, each state would beac a proportional share of the <br />necessary water flows. The proportional share would be based upon a 1984 to 1994 average of <br />historical conswnption in the Platte River Basin, <br /> <br />However, the proposed stipulation has omitted the most fundamental concept that you and <br />I agreed early on was necess~'Y. namely, that resolution of the wildlife and enviromneutal issues in <br />the litigation must be tied directly to the resolution of the threatened and endangered species issues <br />in the Memorandum of Agreement among Nebraska, Colorado, Wyoming and the federal <br />government. <br /> <br />INTERNET GOVERNOR9MISSC.STATE.WY.US . TELEPHONE (307) 177-7434 . FAX (307) 632-3909 <br />