PRRIP Purposes and Overview Draft (2)

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implement consistent with its approved depletions plan. If a state or the federal government proposes use of mitigation measures not included within its approved plan, amendment of the plan shall be required. All mitigation measures for central Platte River impacts shall be implemented in the state where the depletion(s) being mitigated occur. The water yields provided for mitigation of new water related activities will not count toward the Program's First Increment water objectives, as those yields will be used to mitigate the impacts of new water related activities, not existing ones. The depletions plans address the impacts of new water related activities, both those subject to and not subject to Section 7(a)(2) of the ESA. The plans explain how, with a Program in place, water related activities subject to Section 7(a)(2) consultation will proceed through the consultation process. The plans describe the process for determining whether a water related activity can rely on the Program for ESA compliance. Also, the plans only address the consultation process for the target species. To the extent a water related activity subject to Section 7(a)(2) consultation may effect other "non-target" listed species in any of the three states, impacts to those species must be addressed separately in that federal project's biological opinion required by ESA. For any new water related activity that is not covered by an approved depletions plan but is subject to Section 7(a)(2) consultation, the project proponent may proceed with consultation on its own and shall mitigate project impacts in accordance with the results of that consultation and without any reliance on Program activities for such mitigation. In the alternative the state can propose that the activity be covered by the Program by offering an amendment to the depletions plan that would address the impacts of that activity. If the Governance Committee approves an amendment allowing a new water related activity to be covered by a depletions plan, that activity will be covered by the Program. If the project proponent proceeds with consultation on its own, FWS agrees that it will recommend to the federal action agency that the project's mitigation measures address the following impacts of any new water related activities: (1) decreases in the occurrence of flows that contribute to target flows and (2) decreases in target flow shortage reductions achieved or to be achieved by an approved Program water project and that it also will recommend that water based mitigation measures for central Platte River impacts be implemented in the state where the depletion(s) being mitigated occur. 4. Institutional Protections. The responsibility for accounting, tracking, regulating, and protecting Program water rests with each state's water administration in the manner outlined in the Water Plan (Attachment 5) and approved by the Governance Committee. Any changes in state laws or procedures relating to the accounting, tracking, regulation, or protection of water will be reported to the Governance Committee. Each state is expected to take whatever steps are necessary, as appropriate, to account for or provide institutional protection within that state for waters intended Septe nber-November -129 2005 Program Document 19 ?