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<br />(1) Nebraska has acceptedColorado's Tamarack I plan, our future depletion plans, and <br />our treatment of augmentation plans for pre-97 wells as part of the historic operations covered by <br />Tamarack 1. <br />(2) On peak flow issues, the FWS finally agreed that diversion of the amount Colorado <br />calculates to be necessary to serve our increased population through 2020 would not harm the <br />bird'species. However, they then raised concerns about the impact of peak flow diversions on <br />the spawning period for the Pallid Sturgeon, even though the effect would be minimal and the <br />data are very sketchy. This issue is close to resolution, with Colorado agreeing to pay $250,000 <br />for a combination of demonstration projects and additional research on the effects of peak flow <br />depletions on the spawning habits of the Pallid Sturgeon. <br />(3) Colorado and the FWS are close to resolution onthe flow chart they will use to guide <br />all South Platte Basin permit consultations. Colorado alone, not the FWS in conjunction with <br />Colorado, will decide which mitigation program covers each particular project. We are working <br />with FWS to establish written criteria that the state will apply to certify which program covered <br />each Colorado project going through Section 7(a)(2) consultation. FWS wants a dispute <br />resolution process in case they disagree with the Colorado certification. <br />(4) "Bridge measures" to allow projects to begin operations before 2005 (13,000 acre feet <br />total depletions, the largest of which is the Denver non-potable reuse plant) are still under <br />discussion with the FWS. <br /> <br />14. Bypass Flow issues in Southwestern Colorado [NEW]. <br /> <br />Janice Sheftel, attorney for the Southwestern Water Conservation District, recently <br />informed us of yet another attempt by the Forest Service in that area to get a water user, who <br />mayor may not qualify for a Ditch Bill easement, to agree to bypass flows. Weare discussing <br />the appropriate response with the Department of Natural Resources and with water users in <br />Division 7. <br /> <br />6 <br /> <br />. <br /> <br />. <br /> <br />. <br />