Platte River Cooperative Agreement Update

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Platte River Cooperative Agreement Update: Work on the Cooperative Agreement (CA) continues but progress is slow. Key issues addressed during the last two months include: Colorado provided additional information on potential operating plans for Tamarack 1(our initial 10,000 acre-feet contribution to the proposed program); the National Academy of Science (NAS) assembled a review committee and scheduled the first field hearing (May 6); Nebraska, Wyoming and the Federal government provided additional information on their future depletion plans; and the CA participants began discussion for extending the CA to allow time for completion of the Environmental Impact Statement (EIS) and to finalize the proposed program. These points are described below in more detail. Colorado offered additional information on the operation of Tamarack 1 in order to help address Nebraska's concerns that the operations may affect their water rights holders and the Environmental Account in Lake McConaughy. Under the proposed operating scenario Colorado would try to have Tamarack water retuning to the river when there is less demand by senior water rights in Colorado. This approach appeared to address some of Nebraska's concerns but significant issues persist. The NAS process has gotten off to a very bad start. The review committee appears to have a high potential for bias. There are a few individuals that have a long history with the Platte and would stand to potentially benefit if more money and research is added to Platte related issues. In addition, a majority of the reviewers are academic and tend to have a pro-environmental background/philosophy. Finally, the agenda for the field hearing will be 5 hours of Fish and Wildlife Service (Service) employees or pro Service presenters. Colorado and our water users have sent a very strong letter to the NAS and the executive director for the CA expressing these and other concerns. Nebraska and Wyoming's future depletion plans have been developed in more detail but are not yet ready for technical review. Nebraska's plan remains the most difficult to fully understand or support because of the lack of detail and the emphasis on developing water in the Platte once target flows are meet. The federal plan appears to be close to finished and may be supportable. Issues continue regarding the United States Forest Services vegetation management plan. The CA expires on June 30, 2003 and we have begun mare detailed discussions on the extension. It should be noted that the Governance Committee has the authority to extend the CA until December 30, 2003 so some flexibility exists. However, the contract for the executive director, Western Ecosystems, expires on September 30, 2003 so formal action will be required by that time. Things to consider include: the length of the extension, which is initially proposed to be June 2005 (this includes time to obtain legislative approval and hire staffl; identification of additional milestones to be completed during the extension; development of a budget that fits existing financial resources; and development of interim measures to allow existing and new water related activities to have Endangered Species Act compliance during the extension. This last point has proved to be a challenge because Colorado and our water users would like flexibility for any "offsetting actions" needed to allow a new water project to begin operations.