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Program, Inc. (SPWRAP), streamiined consultation completed pursuant to Tempiate <br />Biological Opinion. <br />Box 8) Is it a"Federal" New water related activity? Is the new water related activity <br />addressed by the federal depletions plan (and not covered by the State plan)? Most of the time <br />the answer to this question would be obvious, but if there were any question as to its status, <br />Colorado and the FWS would decide on a case-by-case basis before proceeding. If it were a <br />"federal" depletion then the Federal Depletions Plan would be used ta address the depletion (Box <br />9). If that were not possible, the activity would be subject to a separate consultation "outside" of <br />the Program (Box 11). <br />Box 9) Use Federal Depletions Plan if possible. (e.g., the federal agency is the "applicant"). <br />Box 10) Do Applicant & Colorado desire the Project to be covered by the State's Depletions <br />Plan? Because the Program is voluntary, the applicant and Colorado must elect for the project <br />depletion to be addressed by the State's depletions plan. If the applicant or Colorado elects for <br />the project not to participate in the Program then the project would be subject to a separate <br />consultation "outside" of the Program (Box 11). <br />Box 11} Section 7 Consultation conducted "outside of the Program". <br />Box 12) Federal Agency provides depletion analysis to FWS and Colorado. The federal <br />agency consulting with the Service is responsible for providing a project description of the <br />proposed federal action, including information describing the proposed depletions. The <br />necessary information is identified in the Template Biological Assessment. Meetings and <br />discussions to define the project depletions will generally include the federa( agency, applicant, <br />Service, and the State. For new water related activities, the Service will consider the latest <br />updates provided by the state pursuant ta the terms of its depletions plan. <br />Box 13) Colorado reviews the depletion analysis and makes a determination: Is the Project <br />addressed by the State Depletions Plan? Upon request of the FWS, Colorado will certify <br />whether a federal nexus project has met State requirements for Program participation and is <br />covered by the State's depletions plan. Proponent will sign Template Recovery Agreement. <br />10 13ox 14) Can State Deptetions Plan be modifed to include project depletion? If the State <br />cioes not certify a project as being within its plan, the State, subject to the amendment process set <br />forth in the Pragram Document, Section E, may amend its plan. <br />? Ftox IS) Does the Governance Committee agree with modification of State Depletions Plan? <br />Ii°amendment of che State depletions plan is proposed, the Siate will follow the amendment <br />? p.rocess set forth in the Water Section (Pragram Document, Section E). <br />Box 16) Federal Action Agency and applicant are notifed by Colorado that Program ! <br />? Slate Depletions Plan covers the project. Platte River obligations are known. If State <br />reiauirements for Program participation are met, including membership in the South Platte Water <br />Re:lated Activities Program, lnc. (SPWRAP), streamlined consultation completed pursuant to <br />? - <br />December 7, 2005 Colorado Depletions Plan <br />?