Colorado's Plan for Future Depletions (2)

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Platte or its tributaries to result in accretions at tocations downstream of the last river diversion in Colorado in periods of net depletion Colorado's commitment to re-regu(ate flows in any Reparting Period shail equal the total depletive effect by month for those months in which a net deple:tive effect will occur. To the extent that Colorado constructs projects or obtains the ability to re••regulate water in excess of the total depletive effect for those months in which a net depte:tive effect will occur, such capacity will be available for use in the next succeeding Reporting Period. Should total annual net depletive effects exceed the assumptions set forth above, Colorado reserves the option of reconsidering different measures to mitigate those effects under the Program. H. ESA Comaliance. ESA compliance for South Platte Basin future depletions in Colorado will conform to the Progi-am document. Except as described below, qualifying new water related activities that are in the: South Piatte Basin and are operated on behalf of Colorado water users are covered by the Coloirado plan for future depletions. Exhibit A to this plan for future depletions is a draft schernatic and explanation of how Colorado water users may qualify to use this plan in any ESA Section 7 consultation process for water projects in Colorado. Exhibit B is the template Biolagical Assessment and request for formal section 7 consultation (including template recovery agreement) that program participants may use to address potential impacts from operation of their new water activity on federally-listed species in Nebraska. Exhibit C is the temp:late biological opinion the United States Fish and Wildlife Service will issue in response to the template Biological Assessment and request for formal section 7 consultation. 1. New water related activities would not be covered by this plan after the average annual water supply to serve Colorado's population increase from "Wastewater Exchange/Reuse" and "Native South Platte Flows" exceeds 98,010 acre feet during the February-July period described below. The 98,010 acre-foot figure represents gross water deliveries (supplies) to meet new demands for an average hydrologic year, and is not a consumptive use or diversion limitation. In analyzing proposed new water related activities that have supplies derived from the storage of native South Platte flows, only those supplies resulting from diversions to storage or wastewater exchange and reuse during the period from February through July will be counted toward the 98,010 acre- feet. In the event that n new water refated activity is not covered by Colorado's plan pursuant to this Section I.H.1, Colorado and the activity's proponent can propose, as provided in Section E of the Program document, amendments that will allow Colorado's Plan ta provide ESA compliance for that new water related activity. 2. The Colorado plan for future depletions does not cover the construction of a ma}or on- stream reservoir located on the main stem of the South Platte River anywhere downstream of Denver, Colorado. In addition, the Colorado plan for future depletions does not cover hydropower diversion/return projects that divert water including sediments from the main stem of the South Platte River anywhere downstream of Denver, Colorado and return clear water to the South Ptatte River. 3. Colorado's plan for future depletions will provide ESA coverage for new water related activities related to existing U.S. Bureau of Reclamation water supply projects that currently provide water for Colorado water users. At Colorado's discretion, new federal December 7, 2005 Colorado Depletions Plan