Colorado's Plan for Future Depletions (2)

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Exhibit A Colorado Draft 12-05-05 Platte River Recovery lmplementation Program Draft Schematic and Expianation of Endangered Species Act Section 7 Consultation Process in Colorado This document illustrates how, with a Program in place, water related activities subject to Section 7(a)(2) consultation of the Endangered Species Act (ESA) will proceed through the consultation process and how Colorado's Future Depletions Plan relates to that process. Projects involving both "new" and "existing" water related activities will proceed on dual procedural pathways during the streamlined consultation process. The bold text for each box as explained below corresponds to the wording in the schematic for that box. If nothing other than the wording in the schematic appears in this document, the wording in the schematic is considered to be self-explanatory. The various steps, or boxes, have been numbered to aid the discussion. However, the numeric order does not imply any sequence of steps. The steps in the schematic are: Box 1) Ptatte River Basin Water-Related Activity. A Platte River basin water-related activity upstream of Chapman, NE. Box 2) ls there a federal-nexus? If so, Section 7 consultation is required. Box 3) Activity is covered by the Program. Box 4) Colorado and FWS notify each other of Federal Action subject to Section 7 consultation. Colorado is under no affirmative duty to search for projects in the state that may be subject to Section 7 consultation, but if it becomes aware of one, this box highlights Colorado's agreement that it will pass the information along to the FWS. FWS agrees to notify Colorado after FWS is notified by a project proponent or a federal agency of an action subject to Section 7 consultation within the State. Box 5) Is it a New or Existing water related activity? Colorado's Plan for Future Depletions specifies the means by which new water related activities, both those subject to and those not subject to Section 7(a)(2) of the ESA, will be addressed under the plan. Box 6) Existing water related activity covered by Program. Federal action agency consults with FWS. Federal Action Agency to use Template Biological Assessment and secure signed Recovery Agreement by project proponent. Box 7) Federai Agency, applicant & State notified that Program covers the project. Piatte River Section 7 obligations are known. If Colorado requirements for Program participation are met, including membership in the South Platte Water Related Activities December 7, 2005 Co%rado Depletions P/an 10