ESA Consultations Involving Platte Depletions

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membership benefits and obligations should be directed to Kevin Urie, Denver Water, 303-628-5987. Should a project proponent opt not to seek coverage under the Program as described above, the proponent will need to obtain a stand-alone biological opinion for the project. Biological Assessment (BA) information required by the Service to prepare the BO must in this case include details on the timing, magnitude and frequency of depletions associated with the project. Moreover, project-specific conservation measures will be required to offset corresponding adverse effects on the species. Typically, preparation of the BA and development and implementation of suitable conservation measures independent of the Program are likely to be more onerous for the project proponent than participation in the Program as described above. Moreover, there is no guarantee that a `not likely to adversely effecY opinion can be obtained for any individual project consulting outside of the Program framework. (In contrast, a`not likely to adversely effect' opinion is already in place for these downstream target species for projects covered by the Program, for as long as that Program remains in effect.) Projects in the North Platte River Basin For non-federal projects in the North Platte River basin of Colorado (e.g., North Park), the process for the project proponent is the same as in the South Platte River Basin: submit a biological assessment and sign Recovery Agreement. member ' the uth Platte 'ver Water Related Act' rogra ) non-profit _ orahon is not requir erage under the Program. . ? mp ac ' . J What are the possible risks or downsides to seeking Program covera?e?. Program Continuity. Conceivably, any of the four signatories to the Program Agreement (the three governors and the U.S. Secretary of the Interior) could withdraw from the Agreement at any time. Should that occur, and should it consequently be determined that the Program no longer provides benefits commensurate with those anticipated by the 2006 Programmatic Biological Opinion, it is possible that the Program will no longer serve to provide ESA coverage for the downstream target species. In such a situation, consultation on the effects of the project actions may need to be re-initiated. However, such a turn of events is considered unlikely, and should this occur the Department of Interior would seek practical and reasonable alternatives for project proponents who already had agreed in good faith to participate in the Program. SPWRAP Commitments (Soutli Platte Basiiz projects). As already discussed, coverage of non-federal water projects in the South Platte basin of Colorado by the Program (under the Colorado Plan) is predicated on membership in the South Platte Water Related Activities Program, Inc. (SPWRAP). Costs and obligations associated with membership ' One exception: Program coverage for projects located in Larimer Counry, Colorado, requires SPWRAP membership, regardless of whether they fall in the North Platte or South Platte River basin. Ted is this correct?? 4