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`''Messers. Ament, Kowalski, Berryman, and Urie <br />2 <br />Concerning membership in SPWRAP, as you know, the Program signatories have agreed on the <br />distribution of Program costs between the States and the Department of the Interior. How those <br />Program costs are distributed within an individual State is the prerogative of that State and their <br />water users participating in the Program. Because Colorado's Program contributions are being <br />financed jointly by the State of Colorado and water users through SPWRAP, we believe the <br />distribution of costs and any necessary actions to participate in Colorado's Depletion Plan within <br />Colorado is a decision to be made by Colorado and their water user representatives. <br />It is our understanding that Colorado and SPWRAP have determined that for existing and new <br />water related activities in the South Platte River basin in Colorado, including the entirety of <br />Larimer County, that joining SPWRAP is a requirement in order to complete any needed <br />section 7 consultation and rely on the Program for ESA compliance. A certificate of SPWRAP <br />membership should be provided with the biological assessment during consultation. <br />Membership in SPWRAP is not needed for water-related activities conducted by Colorado State <br />agencies, and for activities which are a Federal agency responsibility to address (i.e., "Federal <br />depletions"). - - <br />Given the differing nature of Colorado's Plan in the North Platte and South Platte basins and the <br />anticipated effects during the first Program increment, we believe that a decision as to whether <br />water users in the North Platte River basin in Colorado must join SPWRAP is an internal matter <br />within Colarado and not a decision to be made by the Service. It is our understanding that the <br />Jackson County Water Conservancy District has voluntarily joined SPWRAP and, therefore, <br />Colorado has no SPWRAP membership requirements for individual Water Users in the North <br />Platte River basin in Colorado (within Jackson County) to participate in the Program. <br />Thank you for the opportunity to provide our views. We look forward to working with you to <br />provide any needed clarifications in Colorado's Plan for Future Depletions to specifically <br />address this matter. <br />Sincerely, <br /> <br />Mark Butler <br />Platte River Liaison <br />cc: Deb Freeman <br />Trout, Ra1ey, Montano, Witwer & Freeman, P.C. <br />P.O. Box 776226 <br />Steamboat Springs, CO 80477