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COLORADO COMMENTS - PLATTE BO These comments reflect our substantive concerns with the Final Draft Platte Biological Opinion. By separate transmittal, we will provide you a markup containing our editorial revisions. First Increment. This consultation is designed to cover ESA compliance for the duration of the first increment of the Program. That increment is currently set at 13 years, but provision exists to extend its duration if the GC (including the Service) affirmatively finds that to be necessary. This is recognized at page 34 of the Final Draft BO: "[t]he first increment of the Program begins October 1, 2006, and shall continue far 13 years from that date or until any later date agreed to by the Governance Committee and as codified in an approved extension to the Program." [BO, Part C4, p. 34 (emphasis added)]. While the revised arid new elements of all subsequent Program increments must undergo additional NEPA and ESA compliance prior to approval, extensions of the first increment pursuant to its terms should be covered by the current consultation. To avoid confusion on this point, references in the BO to "the first 13 years" should be changed to "the first increment." See, e.g., Final Draft BO at pages 10, 11, 16, 17, 22, 24, 27, 28, 29, 44, 295 and 296. Edits to this effect are contained in our markup of the Einal Draft BO. 2. Description of Covered Activities. We appreciate the challenge of succinctly characterizing what activities are within the scope of the environmental compliance documents, including the EIS and BO. The "Description of the Federal Action" at page 27 of the Draft Final BO remains confusing, as it refers only to "Federal" activities. It is critical that the definition be clarified to cover operation of all existing and new water-related activities in the Platte River basin covered by the Program. The following changes would accomplish this: The Federal action addressed by this consultation is: a) the participation by Interior, through Reclamation and the Service, in funding and implementing the Platte River Recovery Implementation Program and, b) the continued operation of existing and I certain new Fedefa4-water-related activities covcred bv t17c Program during the first -13 y ear-sincrernent of the Program, including Reclamation and Service Projects in the Platte River basin insofar as they affect the target species and their critical habitat in the Platte River basin and other federally listed species associated with the central and lower reaches Platte River (herein after referred to as ESA compliance). The Program, when implemented, is intended to satisfy Reclamation's and the Service's ESA formal consultation requirements for the continued operation of existing and certain new Federal water-related activities during the first -13-ye&sincreine.nt of the Program and to afford ESA cc>mpliance for ot}ier exist.ing anc3 :fuiui-e waier-related ' activities covercci bv the e°+°^+ aes^ribea ab^..e.Program. ? . For similar reasons, the reference to "Federal" water-related activities on page 11 should be changed to "water-related activities Covered by the Program." . . • -1- .. . .