ESA Consultations Involving Platte Depletions

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at the end of the Program's `first increment' (approximately year 2020), and suitable actions for a subsequent Program increment will be determined at that time. Significance of the Program farproiect consultations in Colorado With or without the three-state Platte River Recovery Implementation Program, federal- nexus projects in the Platte River basin must undergo Section 7 ESA consultation with the U.S. Fish and Wildlife Service for actions likely to adversely affect federally-listed species, including potential impacts of project-related depletions. This requirement under the ESA does not change with implementation of the Platte River Program. However, an important benefit of the Program for individual water-related project in the South and North Platte River basins of Colorado ill be to provide, in most cases, a ?streamlined process for addressing depletion-relate impacts to the target species an G whooping crane critical habitat. 3 Prior to implementation of the Program in 2007, interim measures were in place to offset the impacts of depletions to the target species until such time as a satisfactory Recovery Program was in effect to more comprehensively address those impacts. (Typically, these "interim measures" included annual payments to the National Fish and Wildlife Foundation for management and/or acquisition of land or water to improve habitat conditions.) .• ? 1?,? ??.-?e-r??N- v,?c s?,ses ?- ?° ? ?_- ???.? ?? ? ? ? ? With a Recovery Program in place, participation in the Program can provide ESA compliance concerning effects on the target species of all existing and, in most cases, new water-related activities associated with the project begin consulted on.4 How do I"consult under the Program", and what are my obli atg ions? 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 alternative means. However, because Interior believes that the cooperative, basin-wide Platte Program will be the most effective means of protecting and restoring habitat for these species, a streamlined consultation process is available to for those who agree to be covered by the Program. ' Note that programs targeting a specific geographic area and/or involving multiple individual actions of a similar nature commonly can be handled, much like individual projects, through a single consultation with Service as a programmatic consultation. For the sake of simplicity in this document, the term "project" is used, however it should be understood that "programs" also are potentially relevant to this discussion. 4 The Program document defines "Existing water related activities" to include surface water or hydrologically-connected groundwater activiries 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, which are implemented after 7uly 1, 1997. See page 2 of tlle Platte River Recovery Implementation Program for the complete definirions of these terms. 2