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Washington County line. After diversion, this water recharges the alluvial aquifer of the South <br />Platte River. Colorado will locate the recharge areas the distance necessary from the South <br />Platte or its tributaries to result in accretions at locations downstream of the last river diversion in <br />Colorado in periods of net depletion Colorado's commitment to re-regutate flows in any <br />Reporting Period shall equal the total depletive effect by month for those months in which a net <br />depletive effect will occur. To the extent that Colorado constructs projects or obtains the ability <br />to re-regulate water in excess of the total depletive effect for those months in which a net <br />depletive effect will occur, such capacity will be avaitable for use in the next succeeding <br />Reporting Period. Should total annuat net depletive effects exceed the assumptions set forth <br />above, Colorado reserves the option of reconsidering different measures to mitigate those effects <br />under the Program. <br />H. E5A Compliance. <br />ESA compliance for South Platte Basin future depletions in Colorado will conform to the <br />Program document. Except as described below, qualifying new water related activities that are <br />in the South Platte Basin and are operated on behalf of Colorado water users are covered by the <br />Colorado plan for future depletions. Exhibit A to this pian for future depletions is a draft <br />schematic and explanation of how Colorado water users may qualify to use this plan in any E5A <br />Section 7 consultation process for water projects in Colorado. Exhibit B is the template <br />Biological Assessment and request for formal section 7 consultation (including template <br />recovery agreement) that program participants may use to address potential impacts from <br />operation of their new water activity on federally-listed species in Nebraska. Exhibit C is the <br />template biological opinion the United States Fish and Wildlife Service will issue in response to <br />the temptate Biological Assessment and request for formal section 7 consultation. <br />l. New water related activities would not be covered by this plan after the average annual <br />water supply to serve Colorado's population increase from "Wastewater <br />ExchangelReuse" and "Native South Platte Flows" exceeds 98,010 acre feet during the <br />February-July period described below. The 98,010 acre-foot figure represents gross <br />water deliveries (supplies) to meet new demands for an average hydrologic year, and is <br />not a consumptive use or diversion limitation. In analyzing proposed new water related <br />activities that have supplies derived from the storage of native 5outh Platte flows, only <br />those supplies resulting from diversions to storage or wastewater exchange and reuse <br />during the period from February through July will be counted toward the 98,010 acre- <br />feet. In the event that a new water related activity is not covered by Colorado's plan <br />pursuant to this Section I.H.1, Colorado and the activity's proponent can propose, as <br />provided in Section E of the Program document, amendments that will allow Colorado's <br />Plan to provide ESA compliance for that new water related activity. <br />2. The Colorado plan for future depletions does not cover the construction of a major on- <br />stream reservoir located on the main stem of the South Platte River anywhere <br />downstream of Denver, Colorado. In addition, the Colorado plan for future depletions <br />does not cover hydropower diversion/return projects that divert water including <br />sediments from the main stem of the South Platte River anywhere downstream of Denver, <br />Colorado and return clear water to the South Platte River. <br />October 24, 2006 Colorado Depletions Plan