Water Action Plan Committee Update

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STATE OF COLORADO Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, Colorado 80203 Phone: (303) 866-3441 Memorandum FAX: (303) 866-4474 4 To: The Colorado Water Conservation Board Bill Owens Govemor From: Kent Holsinger, Assistant Director, Water Policy Greg E.Walcher ExecuHve Director Date: May 15, 2000 Peter H. Evans Subject: Agenda Item 16.d. (1), May 22 -23, 2000 Board Meeting. Platte River CWCB Duector Endangered Species Cooperative Agreement, Water Action Plan Com ukkweauliffe Update. Deputy D'uector 1. Introduction In 1997 the Governors of the states of Colorado, Nebraska and Wyoming signed an agreement with the Department of Interior to improve the habitat of four endangered species in the Central Platte River in Nebraska. We are nearing the completion of the three-year planning stage of this proposed program. Assuming negotiations continue to go well for Colorado, we expect to participate in the proposed program with the other states and the federal government. The proposed program has three components: water; land; and monitoring and research. This memo will highlight issues related to the program water component. IL Water Action Plan Committee During our recent negotiations Colorado has made it clear that our commitment to contribute water is contingent upon: (1) our ability to utilize the Tamarack water recharge project in Northeastern Colorado; (2) Nebraska's willingness to consider reregulated water "new water" such that they protect it from diversion so that it reaches the habitat; and (3) the federal government's commitment that forest management practices will not affect the states' goals of ESA compliance. Colorado fully supports the Tamarack project as the most viable means of ineeting ESA compliance while allowing existing and future water uses to continue. We feel strongly that water should be developed for the program where it makes the most sense-in Nebraska. Water is closer to the habitat, cheaper and more abundant in Nebraska than in Colorado or Wyoming. Our position has been consistently attacked--particularly by Nebraska. They argue that Colorado should contribute more water than we propose and they take issue that Colorado is not willing to dry up consumptive use for this program. Nebraska also contends that the Tamarack project is "smoke and mirrors" and that it will harm their existing water users. At five million irrigated acres, Nebraska ranks number one in the nation for well use. In contrast to Colorado, irrigated agriculture is actually increasing in Nebraska. Over the last two years, new we{ls have created over 25,000 additional irrigated acres in Nebraska. This trend is expected to continue (and likely will substantially increase) until Nebraska's promised 12/31/01 deadline for drilling unregulated wells. As part of the Cooperative Agreement, Nebraska will have to pass legislation to begin regulating their wells as Colorado did in 1969.