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STATE OF COLORADO <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3=141 <br />FAX: (303) 866=?74 <br />wvvw.cwcb.stale.co.us <br />MEMORANDUM <br />To: Platte River Team <br />From: Ted Kowalski <br />Date: April 16, 2007 <br />Bill Ritter, Jr. <br />Governor <br />Han-is D. Sherman <br />Executive Director <br />Rod Kuharich <br />CWCB Director <br />Dan McAuliffe <br />Depury Director <br />In the fall of 2006, Nebraska, Wyoming, Colorado, and the Secretary of the Interior signed the Platte <br />River Endangered Species Recovery Implementation Program Agreement. State officials, water <br />users, conservation groups, and the Department of Interior have been negotiating details of the <br />Program since 1997 through a Cooperative Agreement signed by the three Governors and the <br />Department of Interior. The Agreement's goals are to protect the ability of the States to use water <br />and develop water while recovering threatened and endangered species located in Nebraska. The <br />target species are three birds (the endangered whooping crane, the endangered interior least tern, and <br />the threatened piping plover) and a fish (the endangered pallid sturgeon). <br />The Program is expected to cost approximately $316 million (in 2005 dollars) over thirteen years. <br />This money will be used for purchasing important habitat in Nebraska, providing water to meet <br />target flows, and to implement an adaptive management plan and integrated monitoring and research <br />plan. The States and the federal government will split the costs of the Program 50%-50%. <br />Colorado's costs include money ($24 million in 2005 dollars) and water. Incidentally, Colorado <br />received credit for $40 million for Colorado's water obligations. Colorado's water obligations are as <br />follows: 1) Tamarack I, which shall consist of 10,000 acre-feet of water, on average, retimed from <br />times of surplus at the target area to times of deficit at the target area; 2) Tamarack II, which shall <br />consist of retiming water from periods of net accretions due to effects from new water depletions to <br />periods of net depletions (new depletions are defined as depletions after July 1, 1997); and, 3) <br />Tamarack III (which may occur in Colorado or another State, and which shall be paid by the <br />Program funds). There may be some other costs associated with the Program such as employee <br />costs, costs associated with having an employee at the Tamarack State Wildlife Area, just to name a <br />couple. <br />It is important to note that Colorado has entered an MOU with the South Platte Water Related <br />Activities Program, Inc. ("SPWRAP"). This MOU sets forth procedures and methods by which the <br />State and SPWRAP will satisfy responsibilities. In particular, the MOU establishes that the State <br />will seek the necessary dollars from the General Assembly to meet Colorado's obligations, but will <br />notify SPWRAP if it will be unable to meet all of the costs of the Program. SPWRAP will act as a <br />backstop if the State is unable to pay all of the Program costs. The MOU between SPWRAP and the <br />State sets up an operating committee. This committee will try to operate by consensus in order to <br />Flood ProtecHon • Water Supply Planning and Finance • Stream and Lake ProtecHon <br />Water Supply Protection • ConservaHon and Drought Planning