Chapter 1: Purpose and Need for Action

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Chapter 1- Purpose of and Need for Action The FEIS assesses the effects of this Program when implemented in conjunction with continued ongoing operation of certain existing and future water-related activities3 in the Platte River Basin. The four target species are the whooping crane, the interior least tern, the Northern Great Plains breeding population of the piping plover, and the pallid sturgeon. The Program, when implemented, is intended to provide compliance with the ESA for certain existing water projects and water uses in the Platte River Basin (Basin) upstream of the confluence of the Loup River, upstream of Columbus, Nebraska, as well as for certain future water uses during the First Increment of 13 years4, as they affect the target species and their habitat in the Central and/ar Lower Platte River. A listing of existing water projects that are subje.ct to ESA consultation and water projects that are likely to use the Program to provide compliance for the effects of their historic and future water uses on the target species in Nebraska is in volume 2, The ESA Section 7 Consultation Process With and Without a Cooperative Program, tqble 3-3. The Cooperative Agreement established a Governance Committee, representing the three States, water users, environmental groups, and Federal agencies, to develop a proposal for the Programs. Pursuant to the Cooperative Agreement, the members of the Governance Committee formulated a draft proposal for the Program to be evaluated by Interiar under the NEPA and ESA (see Cooperative Agreement, attachment I, "Milestones for the Cooperative Agreement"). The Governance Committee's draft proposal was evaluated along with three additional alternatives in a Draft Environmental Impact Statement (DEIS), released for public review in January, 2004. Public comments were received until September 22, 2004. The Governance Committee has since completed a final proposal for the Program, referred to in this FEIS as the "Governance Committee Alternative". It is described in detail in the Governance Committee's Platte River Recovery Implementation Program Document, 2005 (referred to in this FEIS as the "Governance Committee Progam DocumenY')6. This FEIS assesses the impacts of that proposal, plus three additional action alternatives, through the first 13-year increment of the Program. 3For purposes of the Cooperative Agreement and related documents, the term "water related activities" means activities and aspects of activities which (1) occur in the Platte River Basin upstream of the confluence of the Loup River with the Platte River; and (2) may affect Platte River flow quantity or timing, including, but not limited to, water diversion, storage and use activities, and land use activities. Changes in temperature and sediment transport will be considered impacts of a"water related activity" to the extent that such changes aze caused by activities aifecting Y1ow quanfity or timing. impacts of "water related activities" do not include those components of land use activities or discharges of pollutants that do not affect flow quantity or timing. "Existing water related activities" include surface water or hydrologically connected groundwater activities implemented on or before July 1, 1997. "New water related activities" include new surface water or hydrologically connected groundwater activities including both new projects and expansion of existing projects, both those subject to and not subject to Section 7(a)(2) of the ESA, which may affect the qUantily or timing of water reaching the assnciatecl hahitats ancl which are implemented after July i, 1997. °The participants in the proposed Program selected 13 years as the expected duration in order to a11ow sufficient time to accomplish the actions proposed and enable initial monitoring of environmental effects. SA detailed history of the Cooperative Agreement process is presented in Freeman, 2003. 6Available in the attached CD or at <http://www.platteriver.org> or from the Office of the Executive Director, Govemance Committee (see "Cover SheeY'). Note that this FEIS provides only a summary of the very detailed and lengthy proposal contained in the Governance Committee Program Document. This FEIS does not serve as the legal deseription of that proposal. Persons who wish to learn the details of this proposal should consult the Governance Committee Program Document.