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STATE OF COLORADO <br />Colorado Water Conservation Board <br />Department of Natural Resoarces <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />FAX: (303) 866-4474 <br />www. cwcb, state. co. us <br /> Bill Ritter, Jr. <br />May 25, 2007 Governor <br /> Harris D. Sherman <br /> Executive Director <br />Mr. Kent Crowder <br />Jackson County Water Conservancy District <br />Jackson County Rod Kuharich <br />CWCB Director <br />P.O. BOx 1019 Dan McAuliffe <br />Walden, CO 80480 Deputy Director <br />Dear Kent: <br />Recently I spoke with Carl Trick and he thanked me far my letter to you of May 14, 2007 regarding <br />SPWRAP and Recovery agreements. He asked me to follow up with a second letter wherein I describe <br />Jackson County's depletions plan and the inherent limitations in that plan, with more specificity. I have <br />attached Colorado's depletions plan, far your convenience. Jackson County's depletions plan can be found <br />on pages 7-9. <br />This depletions plan provides that new depletions are covered as existing depletions as long as they fall below <br />the following limits. For agricultural use, no more than 134,468 acres may be irrigated as an "existing <br />depletion" in the first increment. For Municipal and Irrigation (M&I) use, population is used as a sunogate <br />for these types of uses, and the population of Jackson County may not exceed 2022 in the first increment. If <br />the population in Jackson County reaches 1900 then Colorado, in cooperation with Jackson County, must <br />develop a new depletions plan for approval by the Governance Committee. The plan also states that if <br />industrial uses occur beyond the 19971eve1, then these would be considered new water related activities. This <br />language was included mainly to provide protection in case any unforeseen significant industrial uses occur. <br />Finally, "significant" piscatorial, wildlife, and other environmental uses that are not incidental to irrigation, <br />would be considered new water related activities. Again, Colorado would be required to develop a plan to <br />replace new water related activities on a one-to-one basis in the North Platte basin in a manner consistent with <br />the modified decree entered in Nebraska v. Wyoming (1945). <br />If you have any questions, do not hesitate to contact either of us. <br />Sin ly, <br />Ted Kowalski <br />Program Manager <br />cc: Carl Trick, CWCB member <br />Kevin Urie, Denver Water <br />Attachment <br />Floed Protection •`Nater Supply Planning and Finance • Stream and Lake Protection <br />Water Supply Protection • Conservation and Drought Planning