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STATE OF COLORADO <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />FAX: (303) 866-4474 <br />www.cwcb.state.co.us <br />June 23, 2005 sill owens <br />Governor <br />Russell George <br />Executive Director <br />To: Russell George, Rod Kuharich, Randy Seaholm, Shane Henry, and Frank Rod Kuharich <br />McNulty CWCB Director <br />Dan McAuliffe <br />From: Ted Kowalski Deputy IJirector <br />Re: Vegetative Management Impacts of the Forest Service, specifically <br />Related to the Three-State Negotiations involving the Platte River Program <br />Background <br />As you know, in 1997, the Governors of the States of Colorado, Nebraska, and Wyoming <br />signed an agreement with the Department of Interior to improve and/or study the habitat of four <br />endangered species in the Central Platte River in Nebraska. The Cooperative Agreement ("CA") <br />was extended through June 30, 2005 to allow additional time to formulate a proposed Program and <br />complete National Environmental Policy Act ("NEPA") activities. An extension of the CA will be <br />necessary to finalize and get the Program into place, which under the current schedule will occur in <br />October 2006. The proposed Program has three components: water, land and monitoring and <br />research. Colorado's total cash and cash equivalent share was 15 million dollars and 27 KAF of <br />water via the Tamarack Plan. Significant budget issues remain unresolved and Colorado's share <br />could increase substantially. This memorandum will highlight one key issue that is under discussion <br />at the present. <br />As part of the Program, each State, and the Federal Government, has developed future <br />depletions plans. These plans identify expected future depletions by water users, and how each State <br />(and the Federal Government) will offset or replace the expected future depletions. Recently in our <br />negotiations, the FWS has developed as part of their depletions plan, a small user pool concept. <br />Under this concept, the Federal agencies expect that they will have depletions (each depletion that <br />would be no more than 50 acre-feet) within each State that add up to a total net depletion of no more <br />than 350 acre-feet in each State, and whereby they intend to work with each State to obtain the <br />necessary water to offset these small depletions. The States have included language to assure that <br />any such offsetting water would be under terms agreeable to the State, and we expect to agree to this <br />language in the future. <br />However, there is also language that has been included within the Federal Depletions plan <br />that is problematic to Colorado, and additional, to Wyoming. <br />Colorado Water Conservation Board <br />Flood Protection • Water Supply Plaruung and Finance • Stream and Lake Protection <br />Water Supply Protection 9 Conseroation and Drought Plamiing