Colorado's Plan for Future Depletions (3)

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Program, Inc. (SPWRAP), streamlined consultation completed pursuant to Template Biolmgical Opinion. Box S) Is it a"Federal" New water related activity? Is the new water related activity addressed by the federal depletions plan (and not covered by the State plan)? Most of the time the answer to this question would be obvious, but if there were any question as to its status, Colorado and the FWS would decide on a case-by-case basis before proceeding. If it were a "federal" depletion then the Federal Depletions Plan would be used to address the depletion (Box 9). If that were not possible, the activity would be subject to a separate consultation "outside" of the Frogram (Box 11). Box 9) Use Federal Depletions Plan if possible. (e.g., the federal agency is the "applicant") Box 10) Do Applicant & Colorado desire the Project to be covered by the State's Depletions Plan? Because the Program is voluntary, the applicant and Colorado must elect for the project depletion to be addressed by Che State's depletions plan. If the applicant or Colorado elects for the project not to participate in the Program then the project would be subject to a separate consultation "outside" of the Program (Box 11). Box 11) Section 7 Consultation conducted "outside of the Program". Box 12) Federal Agency provides depletion analysis to FWS and Colorado. The federal ? agency consulting with the Service is responsible for providing a project description of the proposed federal action, including information describing the proposed depletions. The necessary information is identified in the Template Biological Assessment. Meetings and discussions to define the project depletions will generally include the federal agency, applicant, Service, and the State. For new water related activities, the Service will consider the latest updates provided by the state pursuant to the terms of its depletions plan. Box 13) Colorado reviews the depletion analysisand makes a determination: Is the Project addressed by the State Depletions Plan? Upon request of the FWS, Colorado will certify whether a federal nexus project has met State requirements for Program participation and is covered by the State's depletions plan. Proponent will sign Template Recovery Agreement. Box 14) Can State Depletions Plan be modified to include project depletion? If the State does not certify a project as being within its plan, the State, subject to the amendment process set forth in the Program Document, Section E, may amend its plan. Box 15) Does the Governance Committee agree with modification of State Depletions Plan? If amendment of the State depletions plan is proposed, the State will follow the amendment process set forth in the Water Section (Program Document, Section E). Box 16) Federal Action Agency and applicant are notified by Colorado that Program / State Depletions Plan covers the project. Platte River obligations are known. If State requirements for Program participation are met, including membership in the South Platte Water Related Activities Program, Inc. (SPWRAP), streamlined consultation completed pursuant to October 24, 2006 Colorado Depletions Plan 11