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H. ESA Compliance. ESA compliance for South Platte Basin future depletions in Colorado will conform to the Program document. New water related activities in the South Platte Basin conforming to the criteria listed below are covered by this portion of the Colorado plan for future depletions: 1. The new water related activity is operated on behalf of Colorado water users, except the provisions of sub-paragraph H 5 below shall govern federal projects; 2. Depletions caused by the new water related activities began after June 30, 1997. 3. New water related activities would not be covered by this plan after the average annual water supply to serve Colorado's population increase from "Wastewater Exchange/Reuse" and "Native South Platte Flows" exceeds 98,010 acre feet during the February-July period described below. The 98,010 acre-foot figure represents gross water deliveries (supplies) to meet new demands for an average hydrologic year, and is not a consumptive use or diversion limitation. In analyzing proposed new water related activities, only those supplies resulting from diversions to storage or wastewater exchange and reuse during the period from February through July will be counted toward the 98,010 acre-feet. In the event that a new water related activity is not covered by Colorado's plan pursuant to this subsection I.H.3, Colorado and the activity's proponent can consider amendments that will allow Colorado's Plan to provide ESA compliance for the activity as provided in Section E of the Program document. 4. The Colarado plan for future depletions does not cover the construction of a major on- stream reservoir located on the main stem of the South Platte River anywhere downstream of Denver, Colorado. In addition, the Colorado plan for future depletions does not cover hydropower diversion/return projects that divert water including sediments from the main stem of the South Platte River anywhere downstream of Denver, Colorado and return clear water to the South Platte River. 5. New Federal depletions within Colorado may be covered by the Colorado plan for future depletions in the discretion of Colorado as set forth in the Federal Depletion Plan. The ESA compliance covered by this plan only concerns consultation on the target species. To the extent that a federal nexus activity has potential impact "non-target" listed species, then impacts to those species must be addressed in that federal project's BO required by ESA. For the purposes of this section the following definitions apply: Covered means in compliance with the Endangered Species Act with regard to potential impacts to the least tern, piping plover, whooping crane and pallid sturgeon in and along the central and lower Platte River in Nebraska, for the duration of the First Increment. Cumulative means total changes or total new activities, based on average project operations relative to conditions existing at the time the Platte River Cooperative Agreement was signed (July l, 1997).