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Memorandum <br />To: The Colorado Water Conservation Board <br />From: Kent Holsinger, Assistant Director, Water Policy <br />Date: March 9, 2000 <br />Subject: Agenda Item 22.d.(1), March 20 -21, 2000 Board Meeting. Platte River <br />Endangered Species Cooperative Agreement, Water Action Plan Committee <br />Update. <br />1. Introduction <br />In 1997 the Governars of the states of Colorado, Nebraska and Wyoming signed an agreement <br />with the Department of Interior to improve the habitat of four endangered species in the Central <br />Platte River in Nebraska. We are nearing the completion of the three-year planning stage of this <br />proposed program. Assuming negotiations continue to go well for Colorado, we expect to <br />participate in the proposed program with the other states and the federal government. The <br />proposed program has three components: water; land; and monitoring and research. This memo <br />will highlight issues related to the program water component. <br />II. Water Action Plan Committee <br />During our recent negotiations Colorado has made it clear that our commitment to contribute <br />water is contingent upon: (1) our ability to utilize the Tamarack water recharge project in <br />Northeastern Colorado; (2) Nebraska's willingness to consider reregulated water "new water" <br />such that they protect it from diversion so that it reaches the habitat; and (3) the federal <br />government's commitment that forest management <br />practices will not affect the states' goals of ESA compliance. <br />Colorado fully supports the Tamarack project as the most viable means of ineeting ESA <br />compliance while allowing existing and future water uses to continue. We feel strongly that <br />water should be developed for the program where it makes the most sense-in Nebraska. Water is <br />closer to the habitat, cheaper and more abundant in Nebraska than in Colorado or Wyoming. <br />Our position has been consistently attacked--particularly by Nebraska. They argue that Colorado <br />should contribute more water than we propose and they take issue that Colorado is not willing to <br />dry up consumptive use for this program. Nebraska also contends that the Tamarack project is <br />"smoke and mirrors" and that it will harm their existing water users. <br />At five million irrigated acres, Nebraska ranks number one in the nation for well use. In contrast <br />to Colorado, irrigated agriculture is actually increasing in Nebraska. Over the last two years, new <br />wells have created over 25,000 additional irrigated acres in Nebraska. This trend is expected <br />to continue (and likely will substantially increase) until Nebraska's promised 12131/01 deadline <br />for drilling unregulated wells. As part of the Cooperative Agreement, Nebraska will have to pass <br />legislation to begin regulating their wells as Colorado did in 1969.