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III. NORTH PLATTE RIVER BASIN <br />A. Background Information <br />This document sets forth Colorado's Plan to address new water related activities in <br />the North Platte River Basin, Jackson County, Colorado. Subject to ongoing NEPA <br />and ESA reviews, and verification of certain assumptions, the parties to the Program <br />Cooperative Agreement have agreed that Colorado's Depletion Plan is a sufficient <br />contribution to offset alleged effects on endangered species habitats in Nebraska of <br />new water related activities in the North and South Platte River Basin in Colorado. <br />Colorado's Depletion Plan for the South Platte is also summarized in this subsection <br />of the Program Water Plan. <br />Colorado proposes to include new water related activities in the North Platte River Basin <br />in the Platte River Recovery Implementation Program (Program) and to offset alleged <br />effects on endangered species habitats in Nebraska in accordance with this agreement. <br />The following summary provides an outline of the procedures and methods Colorado will <br />use to monitor existing and new water related activities for the North Platte Basin and <br />how mitigation measures for endangered species issues might be implemented. <br />B. North Platte Decree <br />The decree in Nebraska v. Wyoming, 325 U.S. 589 (1945), modified, 345 U.S. 981 (1953) <br />(the Decree), and modified by the Final Settlement Stipulation, March 13, 2001 enjoins <br />Colorado from diverting water from the North Platte River and its tributaries for the <br />irrigation of more than a total of 145,000 acres in Jackson county during any one <br />irrigation season. The Decree also enjoins Colorado from storing more than 17,000 acre- <br />feet of water for irrigation purposes from the North Platte River and it tributaries in <br />Jackson County between October 1 of any year and September 30 of the following year. <br />Finally, the Decree enjoins Colorado from exporting out of the basin of the North Platte <br />River and its tributaries in Jackson County more than 60,000 acre-feet of water in any <br />period of ten consecutive years. The Decree requires Colorado to prepare and maintain <br />complete and accurate records of the total area of land irrigated and the storage and <br />exportation of water and to make such records available for inspection. <br />C. Existing Water Related Activities <br />In its 1945 opinion, the U.S. Supreme Court found that 131,800 acres were presently <br />under irrigation in Jackson County in Colorado. Since then the number of acres being <br />irrigated in any one year has been as high as 134,467. The Decree allows Colorado to <br />irrigate up to 145,000 acres. For purposes of this Program, the parties to the Cooperative <br />Agreement agree that depletions associated with the irrigation of up to 134,467 acres