BOARD00025 ‎(2)‎

• Board Meeting Date: 9/19/2006
• Description: Draft Summary Minutes and Record of Decisions July 25-26, 2006
• Board Meetings - Doc Type: Memo

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WHEREAS, the State of Colorado is subject to a decree of the United States
Supreme Court regarding the use of the waters of the North Platte River.
Nebraska v. Wyoming, 32~ U.S. 589,65 S.Ct. 1332,89 L.Ed. 1815 (1945) as
amended.

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WHEREAS, the South Platte River Compact and the decree in Nebraska v.
Wyoming limit the use of the waters of the South Platte and North Platte Rivers
within the State of Colorado.

WHEREAS, the State of Nebraska, in the case of the South Platte River, and the
States of Wyoming and Nebraska, in the case of the North Platte River, are
entitled to use such waters of the South and North Platte Rivers, respectively,
which flow out of the State of Colorado in accordance with the requirements of
the South Platte River Compact and the decree in Nebraska v. Wyoming.

WHEREAS, all water which is not required to flow out of Colorado tmder the
South Platte River Compact and the decree in Nebraska v. Wyoming is available
for diversion and beneficial use within the State of Colorado.

WHEREAS, the State of Colorado is signatory to the 1922 Colorado River
Compact and the 1948 Upper Colorado River Compact tmder which Colorado
may use such waters within the State of Colorado pursuant to Colorado Water
Law. By law, water users have the right to use, reuse, and successively use water
imported from the Colorado River into other river basins within the State of
Colorado.

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WHEREAS, the United States Fish and Wildlife Service ("U.S.F.W.S.") has
listed the whooping crane, piping plover, least tern, and pallid sturgeon tmder the
federal Endangered Species Act, and has designated critical habitat for the
whooping crane pursuant to the Endangered Species Act. These species, and the
designated critical habitat, are located in the Central Platte Region of the State of
Nebraska.

WHEREAS, the State of Colorado is a signatory to a Cooperative Agreement
between the States of Colorado, Wyoming, and Nebraska, and the United States
Department of the Interior for the purpose of developing a program to protect and
improve habitat for the endangered and threatened species, originaIly executed
on July 1, 1997, and which was extended twice and which expires on October 1,
2006.

WHEREAS, the Bureau of Reclamation has issued a Final Environmental Impact
Statement, and the U.S.F.W.S. has issued a final Biological Opinion, analyzing
the Platte River Recovery Implementation Program ("Program").

WHEREAS, the BOR is expected to issue a final Record of Decision ("ROD''),
in support of the Program.

WHEREAS, the State of Colorado and Colorado water users wiIl benefit from
the regulatory certainty associated with the Program.

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Flood Protection . Water Supply Planning and Finance. Stream and Lake Protection
Warer Supply Protection. Conservation and Drought Planning
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