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G. Mitigation of Cumulative Effect. The signatories assume that the Cumulative Effect <br />for any annual period is expected to be a mix of net accretions during the fall, winter and <br />spring period, and net depletions in the late-spring to mid-summer period, resulting in an <br />estimated total seasonal net depletive effect on an order of magnitude of less than 1800 <br />af/yr for each 100,000 additional people in the South Platte River Basin in Colorado. <br />Based on these assumptions, Colorado will, in each Reporting Period, undertake such <br />reregulation projects within Colorado as are necessary to shift water flows at a point <br />upstream from the Colorado-Nebraska state line and downstream from the last diversion <br />in Colorado, from periods of net accretion to periods of net depletion. Colorado's <br />commitment to reregulate flows in any Reporting Period shall equal the total depletive <br />effect by month for those months in which a net depletive effect will occur. To the extent <br />that Colorado constructs projects or obtains the ability to reregulate water in excess of the <br />total depletive effect for those months in which a net depletive effect will occur, such <br />capacity will be available for use in the next succeeding Reporting Period. Should total <br />annual net depletive effects exceed the assumptions set forth above, Colorado reserves <br />the option of reconsidering different measures to mitigate those effects under the <br />Program. <br />H. ESA Compliance. ESA compliance for future depletions in Colorado will conform to <br />the Program document. New water related activities conforming to the criteria listed <br />below are covered by the Colorado plan for future depletions: <br />1. The new water related activity is operated on behalf of Colorado water users, <br />except the provisions of sub-paragraph H 4, below shall govern federal projects; <br />2. Depletions caused by the new water related activities began after June 30, <br />1997. <br />3. As part of its accounting provided for in this section, Colorado will monitor its <br />annual cumulative supply of water by month from new water related activities <br />that have as a source of water "Wastewater Exchange/Reuse" and "Native South <br />Platte Flows". At such time that a depletion analysis associated with a proposed <br />new water related activity would cause the annual cumulative supply of water <br />from those two sources to exceed 121,000 acre-feet during the period February <br />through June of any year, Colarado's Plan for Future Depletions will not be <br />available for purposes of ESA compliance for that activity. In such instances <br />Colorado and the activity's proponent can consider amendments that will allow <br />Colorado's Plan to provide ESA compliance for the activity as provided in <br />Section E of the Program document. <br />4. Federal projects that provide water for Colorado water users may be covered <br />by the Colorado plan for future depletions in the discretion of Colorado as set <br />forth in the Federal Depletion Plan. <br />The ESA compliance covered by this plan only concern consultation on the target <br />species. To the extent that a federal nexus activity has potential impact to the Prebles <br />mouse, Ute Ladies Tresses, Wyoming Toad, or other "non-target" listed species, then <br />impacts to those species must be addressed in that federal project's BO required by ESA.