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March 3, 2000 ADDITIONAL INFORMATION FOR REINSTATEMENT OF CWCB PLATTE RIVER COOPERATIVE AGREEMENT POSITION AND FUNDING This information supplements the "comeback" dated February 29, 2000. An inquiry was made asking to describe what actions would not be accomplished if the position is not reinstated. The requested information is presented below. As previously described, this position represents Colorado on issues relating to the South Platte River. The three State Cooperative Agreement (CA) is of particular significance. Without this position Colorado may not fulfill the obligations we agreed to under the CA. The CA was entered into to provide the participating states and the Department of Interior the opportunity to develop a program that would benefit 4 threatened and endangered species in the central Platte. By implementing the program Colorado and our water users will receive regulatory certainty regarding new or modified water related activities. Specifically, water related activities (i.e., diversion or storage of water) typically require a federal action (i.e., Forest Service special use permit or Corp of Engineer dredge and fill permit). On the Platte River, the federal agency undertaking the action is required to consult with the US Fish and Wildlife Service under the Endangered Species Act. Without this program, any water user that expands or modifies an existing water related project, or implements a new water related activity, will need to go through the process individually. You may recall that this process played an important role in complicating and delaying projects such as Narrows and Two Forks Reservoirs. Consultation under the Endangered Species Act is typically a long and costly process. Without this position and the proposed program, water related activities which affect the Platte River or its flows will be adversely impacted by delaying projects and driving up costs. This would impact our Agricultural, Municipal and Industrial water users. This position is critical to developing a program that will protect Colorado and our water users. In addition, without the position and the program, issues relating to future depletions of water would be significantly complicated. This in turn would impact processes related to economic and municipal growth and development. These are key issues that Colorado must keep under our direct control. Without this position Colorado will not be able to devote the resources needed to analyze and implement water management options along the lower Platte River. The CA and any future program that is developed will require Colorado to coherently assess how Platte River flows need to be managed. Without this position Colorado has a greater risk of litigation from public and private interests and/or we run a greater risk of implementing water options which are not in Colorado's best interest. Finally, without this position Colorado will not have a voice in the many committees that are part of the CA. Without this voice Colorado will not be able to influence the effectiveness and efficiency of the program. This could result in escalating costs, and the gathering and analysis of unnecessary and/or inadequate information. Without proper cost-effective information it will be difficult to measure the success of the program. If this were to occur, Colorado's investment of millions of dollars would be wasted because we did not obtain our desired results.