Colorado's Plan for Future Depletions (2)

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water related activities in Colorado that provide water to Cotorado water users may be ' provided ESA coverage by the Colorado plan for future depletions. Nothing in the Colorado plan for future depletions shall be construed as changing the water rights, or ownership, of any federal water project. ? The ESA compliance covered by this plan only concerns consultation on the target species. To the extent that a federal nexus activity has potential impact on "non-targeY" listed species, then impacts to those species must be addressed in that federal project's Biological Opinion (BO) ? required by ESA. For the purposes of this section H. the following definitions apply: Covered means in compliance with the Endangered Species Act with regard to potential impacts to the least tern, piping plover, whooping crane and pallid sturgeon in and along the central and lower Platte River in Nebraska, for the duration of the First Increment. Average means the average estimated or modeled effect over a multi-decadal period of time ? including a mix of wet, normal and dry hydrologic conditions. Initially, this will be the 1947- 1994 period used in the current version of the Central Platte Op Study Model and the Platte Programmatic EIS. However, this time period may be adjusted if the Govemance Committee concurs. Major On-Stream Reservoir means a reservoir of more than 2,000 acre-feet. It does not include new diversion facilities that may impound a small amount of water. Reservoirs, including gravel pit reservoirs, adjacent to the main stem of the South Platte River and reservoirs on tributaries to the South Platte River are not considered to be located on the "mainstem" for purposes of this paragraph. 1. No Power to Limit Colorado Water Riizhts. Prior to the inception of this Program there was not legal authority to deny the appropriation of un-appropriated water of the State or prevent the diversion and re-diversion of legally re-usable water. Nothing in this Plan for Future Depletions shall be construed to authorize the Program to deny the appropriation of unappropriated water or prevent the diversion and re-diversion of legally re-usable water to achieve Program goals, objectives or Milestones. J. Commitment to Revise. This Plan for Future Depletions is premised on the assumptions contained herein. In the event that the assumptions underlying this plan are not realized, the 5tate of Colorado commits to revise its Plan for Future Depletions accordingly. IJ. NORTH PLATTE RIVER BASIN A. Backeround Information. This document sets forth Colorado's Plan to address new water related activities in the North Platte River Basin, Jackson County, Colorado. Subject to ongoing NEPA and ESA reviews, and Decembcr 7, 2005 Colorado Depletions Plan