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3 <br />future foreseeable projects including the proposed Chatfield reregulation, the Aurora South Park <br />Project, conjunctive use projects, gravel pits, Northern Colorado's new recharge project, Denver <br />Water Board's proposed reservoir near Rocky Flats, and South Adams County's Water and <br />Sanitation District's project. <br />One of the reasons we think it is important to bring this no-action/no program alternative to your <br />attention is current and future litigation under the Endangered Species Act. The NRCS <br />settlement in South Dakota has already been mentioned. We have also previously informed you <br />about the Court order to designate critical habitat for the piping plover. In addition to those legal <br />actions we have recently received a Notice of Intent to sue the Service for failure to designate <br />critical habitat for the Topeka shiner, the same species involved in the NRCS suit, and we are <br />hearing threats to sue the Service for not finalizing the listing of the sicklefin and sturgeon chubs. <br />This leads us to be concerned about future legal actions on individual actions and activities if we <br />cannot implement a recovery program for the habitat of the central Platte River.