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verific:ation of certain assumptions, the parties to the Prograrn Cooperative Agreement have agreed <br />that Colorado's Depletions Plan is a sufficient contribution to offset alleged effects on <br />endangered species habitats in Nebraska of new water related activities in the North and South <br />Platte River Basin in Colorado. Colorado's Depletions Pian for the South Platte is also <br />summarized in this subsection of the Program Water Plan. <br />Colorado proposes to include new water related activities in the North Platte River Basin in the Platte <br />River JZecovery Implementation Program (Program) and to offset alleged effects on endangered <br />specie-s habitats in Nebraska in accordance with this agreement. The following summary provides an <br />outline of the procedures and methods Colorado will use to monitor existing and new water related <br />activities for the North Platte Basin and how mitigation measures for endangered species issues <br />might be implemented. <br />B. North Platte Decree. <br />The decree in Nebraska u Wyoming, 325 U.S. 589 (1945), modified, 345 U.S. 981 (1953) (the <br />Decree ), and modified by the Final Settlement Stipulation, March 13, 2001 enjoins Colorado from <br />divertin.g water fram the North Platte River and its tributaries for the irrigation of more than a total <br />of 145,000 acres in Jackson county during any one irrigation season. The Decree also enjoins <br />Coloratto from storing more than 17,000 acre-feet of water for irrigation purposes from the North <br />Platte River and it tributaries in Jackson County between October 1 of any year and September 30 of <br />the following year. Finally, the Decree enjoins Colorado from exporting out of the basin of the North <br />Platte River and its hibutaries in Jackson County more than 60,000 acre-feet of water in any period of <br />ten con:,ecutive years. The Decree requires Colorado to prepare and maintain complete and accurate <br />records of the total area of land irrigated and the storage and exportation of water and to make such <br />records available for inspectioa <br />C. Exisi:ine Water Related Activities. <br />In its 19,15 opinion, the U.S. Supreme Court found that 131,800 acres were presently under <br />irrigation, in Jackson County in Colorado. Since then the number of acres being irrigated in any one <br />yeaz has been as high as 134,467. The Decree allows Colorado to irrigate up to 145,000 acres. For <br />purposes of this Program, the parties to the Cooperative Agreement agree that depletion <br />associated with the irrigation of up to 134,467 acres constitute existing uses and that depletions <br />associateti with the irrigation of between 134,46$ and 145,000 acres in Jackson County constitute <br />new wateT related activities. The irrigation storage and export limits in the Decree also represent <br />existing uses as of 1945, and reflect the Supreme Court's recognition that transbasin diversions in <br />some years exceeded 6,000 acre-feet. Since the limitations in the Decree represent historical uses in <br />Jackson C'ounty, any depletions within those limits constitute existing water uses. Storing more than <br />17,000 ac;re-feet of water for irrigation purposes between October 1 of any year and September 30 of <br />the following year and exporting more than 60,000 acre-feet of water in any period of ten consecutive <br />years aze r?ot permitted under the Decree, and, therefore, no new water related activities of these <br />types aze c:ontemplated. <br />In addirion to existing uses in accordance with the Decree, Jackson County's small population and <br />limited industry consume a small quantity of water under prior existing rights. Colorado dces not ? <br />anticipate significant papulation growth in Jackson County during the term of the Cooperative ? <br />December 7, 2005 Colorado Depletions Plon 7 <br />i <br />? <br />I _