ESA Consultations Involving the Platte

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For projects resulting in one-time depletions to Platte River flows, and for projects using less than 25 acre feet/year of water ("minor users"), SPWRAP has established special membership categories that offer certification based on a one-time payment. For ongoing depletions associated with water uses exceeding 25 acre-feet/year, SPWRAP membership requires an annual payment based on use, and may require a Recovery Agreement between the water user and the State of Colorado (Attachment C).$ Questions about SPWRAP membership benefits and obligations should be directed to Kevin Urie, Denver Water (303-628-5987; kevin.urie@denverwater.org). Upon satisfactory completion of these steps, the Service can issue a`tiered biological opinion' to the lead federal agency documenting that the project's water-related activities are covered by the Program and are not likely to jeopardize the continued existence of the target species or adversely modify critical habitat. (This is a called a`tiered' BO because it references and tiers off of the June 16, 2006 PBO). Projects in the North Platte River Basin For projects in the North Platte River basin of Colorado (e.g., North Park), the process of submitting a biological assessment is the same as for projects in the South Platte River Basin. However, SPWRAP membership and signing of a corresponding Recovery Agreement are not required to obtain coverage under the Program.9 Alternatives to Program Participation Seeking ESA coverage under the Platte River Recovery Implementation Program is entirely voluntary. Project proponents always have the option of seeking to offset their water-related impacts to the target species through stand-alone consultations with the Service that do not rely on the Program. However, should a project proponent opt not to seek coverage under the Program as described above, the lead federal agency/proponent will need to complete an independent Section 7 consultation on the effects of the project. Biological Assessment (BA) information required by the Service to prepare a stand-alone biological opinion would include details on the timing, magnitude and frequency of depletions associated with the project. Project-specific conservation measures will be required to offset corresponding adverse effects on the species. In most cases, preparation of the BA and development and implementation of suitable conservation measures independent of the Program are federal rather than State of Colorado responsibility are not covered under the Colorado Plan, but may be addressed as described in the Federal Depletions Plan (same Web site, Attachment 5, Section 10). g For additional information, visit www.spwrap.org. 9 One exception: Program coverage for projects located in Larimer County, Colorado, currently requires SPWRAP membership, regardless of whether the project is located in the North Platte or South Platte River drainage. 4