BOARD00040 ‎(2)‎

• Board Meeting Date: 9/20/2006
• Description: WSP Section - Platte River Cooperative Agreement
• Board Meetings - Doc Type: Memo

-2 -

the Program) (often referred to as "Tamarack I") ; and, 2) water to cover future depletions related to
the South Platte River (new depletions from 1997 established as a baseline), which is approximately
1800 acre-feet/year of water per 100,000 additional people in the South Platte River Basin in
Colorado, retimed during times of target flow shortages. Colorado's North Platte River Basin future
depletions plan could be described as a non-plan. So long as the total irrigated acres is less than 134,
467 acres in Jackson County, the population in Jackson County remains less than 2022, and
piscatorial, wildlife, and other environmental uses are incidental to irrigation uses, the North Platte
River Basin in Colorado is covered under the Program as existing uses. With regard to Tamarack I,
Colorado has approximately $2 million authorized for satisfying this water obligation through
drilling and operating wells and recharge pits to retime water. This project is expected to net
approximately 4200 acre-feet annually towards ours 10,000 acre-feet annual requirement. Colorado
will need additional water projects and money to fully satisfy our 10,000 acre-feet annual obligation,
as well as the future depletions associated with growth in the South Platte River Basin within
Colorado.

As Staff reported in July, a new non-profit organization has been formed to help satisfy the Platte
River Program responsibilities, to the extent that the State is unable to fully meet these obligations.
This organization is called the South Platte Water Related Activities Program ("SPWRAP"). The
State and SPWRAP have been developing an MOD to define responsibilities and roles regarding the
financial, water, and accounting obligations associated with the Program. SPWRAP would obtain its
funds from its water users and SPWRAP members would also receive streamlined approvals through
coordination with the State, from the FWS. A draft MOD between the State and SPWRAP is
attached to this memorandum.

The MOD would:

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1. Set up an Operating Committee, with members from the CWCB staff, the DOW staff, and
SPWRAP, to formulate recommendations upon which DNR and SPWRAP can jointly reach
decisions;
2. Provide for a process to follow when the Operating Committee is unable to reach consensus;
3. Provide that the Operating Committee will develop an initial Water Projects Plan;
4. Recognize that other MODs may be developed, if appropriate;
5. Dedicate the Operating Committee to develop annual operating plans prior to August 1 of
each year;
6. Commit that the Operating Committee will develop a budget;
7. Commit DNR to seek funds in each year further appropriations are necessary, and where
practical to do so, and commit SPWRAP and its members to support DNR through
legislative contacts;
8. In the event that adequate funds from the legislature are not forthcoming, provide that DNR
will notify SPWRAP in writing of the shortfall, and provide that SPWRAP will use its best
efforts to pay such shortfalls;
9. Commit the Operating Committee to developing and proposing a process for collecting and
analyzing relevant data and reducing it to a form suitable for submission to the Governance
Committee; and,
10. Establish a method for the State of Colorado to certify to the U.S. Fish and Wildlife Service __
("USFWS") whether a water user, who requires federal authorizations for water related

Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Supply Pr6tection . Conservation Planning