Endangered Species Cooperative Agreement & Water Action Plan

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MEMORANDUM To: Colorado Water Conservation Board Members From: Kent Holsinger, Assistant Director, Water Issues Date: January 18, 2000 Subject: Agenda Item 20d, January 26-26, 2000 Board Meeting, Platte River Endangered Species Cooperative Agreement, Water Action Plan Background and Discussion The Platte River Cooperative Agreement (CA) was signed by Colorado, Nebraska, Wyoming, and the US Department of Interior (acting through the Fish and Wildlife Service) in July 1997. The overall goal of the CA is to improve the survival of whooping cranes, piping plovers, and the interior least tern. The pallid sturgeon, which is found in the Lower Platte near it's confluence with the Missouri River, is also part of the CA but the sturgeon does not currently have the some level of focus as the three bird species. The CA requires that several plans be developed which, if implemented, should provide a biological benefit to the species. One of the more significant plans under development is the Water Action Plan. The goal of the Water Action Plan is to make a total of 130,000 to150,000 acre-feet per year of water available for use by the species. The three states, Colorado, Nebraska, and Wyoming, have been in negotiations over the last 2 years on how the additional water might be provided. These negotiations have been very challenging and at times conflict with historic water management principles and State law. Colorado has worked very closely with our water users to ensure that their interests are considered in the development of the Water Action Plan. As part of that process the State and several key water users have developed a set of governing principles that must be considered and/or addressed in order for Colorado to support any potential Water Action Plan. I have attached a copy of these "Colorado Action Plan Principles" for your review. Please feel free to contact me if you have any questions or concerns. I will also briefly outline a few of the important principles here. • Much of the habitat used by the species is located outside the Central Platte and outside of the control of the CA participants. Consequently, the standard of success for the program should focus on successful implementation of the program components. The CA participants can only affect a small portion of the overall habitat and therefore can only incrementally benefit the species. • The program envisions that water and/or land can be leased for use by the program. While leasing has some positive benefits (i.e., possibly easier to find willing participants) it does not provide a permanent means of providing program water. Colorado recommends that a trust fund be established by a state if that state elects to utilize leasing for their program water contributions.