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cvvcB REsoLUTIoN 2007-1 <br />In Support of Federal and State Le0slation authorizing aad appropriating funds ? <br />for the Platte Riveu- Recoverv Implementatimn Program <br />WHEREAS, the State of Colorado is sigiiatory to the South Platte River Compact, C.R.S. <br />Section 37-65-101, et seq., executed on behalf of the State on the 27th day of April, 1923. <br />The South Platte River Compact divides and apportions the water of the South Platte <br />River between the State of Colorado and the State of Nebraska. <br />WHEREAS, the State of Colorado is subject to a decree of the United States Supreme <br />Court regarding the use of the waters of the North Platte River. Nebraska v. Wyoming, <br />325 U.S. 589, 65 S.Ct. 1332, 89 L.Ed. 1815 (1945) as amended or as it may be amended. <br />WHEREAS, the South Platte River Compact and the decree in Nebraska v. Wyoming <br />limit the use of the waters of the South Platte and North Platte Rivers within the State of <br />Colorado. <br />WHEREAS, the State of Nebraska, in the case of the South Platte River, and the States of <br />Wyoming and Nebraska, in the case of the North Platte River, are entitled to use such <br />waters of the South and North Platte Rivers, respectively, which flow out of the State of <br />Colorado in accordance with the requirements of the South Platte River Compact and the <br />decree in Nebraska v. Wyoming. <br />WHEREAS, all water which is not required to flow out of Colorado under the South • <br />Platte River Compact and the decree in Nebraska v. Wyoming is available for diversion <br />and beneficial use within the State of Colarado. <br />WHEREAS, the United States Fish and Wildlife Service ("U.S.F.W.S.") has listed the <br />whooping crane, piping plover, least tern, and pallid sturgeon under the federal <br />Endangered Species Act, and has designated critical habitat for the whooping crane <br />pursuant to the Endangered Species Act. These species, and the designated critical <br />habitat, are located in the Central Platte RE;gion of the State of Nehraska. <br />WHEREAS, the State of Colorado was a signatory to a Cooperative Agreement between <br />the States of Colorado, Wyoming, and Nebraska, and the United States Department of the <br />Interior for the purpose of developing a program to protect and improve habitat for the <br />endangered and threatened species, origina,lly executed on July 1, 1997, and which was <br />extended three times. <br />WHEREAS, the Bureau of Reclamation has issued a Final Environmental Impact <br />Statement and a final Record of Decision ("ROD"), and the U.S.F.W.S. has issued a final <br />Biological Opinion, in support of the Platte River Recovery Implementation Program <br />("Program").