Letter Concerning North Platte Depletions Meeting

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II. NORTH PLATTE RIVER BASIN (2-11-05) A. Background Information This document sets forth Colorado's Plan to address new water related activities in the North Platte River Basin, Jackson County, Colorado. Subject to ongoing NEPA and ESA reviews, and verification of certain assumptions, the parties to the Program Cooperative Agreement have agreed that Colorado's Depletions Plan is a sufficient contribution to offset alleged effects on endangered species habitats in Nebraska of new water related activities in the North and South Platte River Basin in Colorado. Colorado's Depletions Plan for the South Platte is also sununarized in this subsection of the Program Water Plan. Colorado proposes to include new water related activities in the North Platte River Basin in the Platte River Recovery Implementation Program (Program) and to offset alleged effects on endangered species habitats in Nebraska in accordance with this agreement. The following suininary provides an outline of the procedures and methods Colorado will use to monitor existing and new water related activities for the North Platte Basin and how mitigation measures for endangered species issues might be implemented. B. North Platte Decree The decree in Nebraska v. Wyoming, 325 U.S. 589 (1945), modified, 345 U.S. 981 (1953) (the Decree), and modified by the Final Settlement Stipulation, March 13, 2001 enj oins Colarado from diverting water from the North Platte River and its tributaries for the irrigation of more than a total of 145,000 acres in Jackson county during any one irrigation season. The Decree also enjoins Colorado from storing more than 17,000 acre-feet of water for irrigation purposes from the North Platte River and it tributaries in Jackson County between October 1 of any year and September 30 of the following year. Finally, the Decree enjoins Colorado from exporting out of the basin of the North Platte River and its tributaries in Jackson County more than 60,000 acre- feet of water in any period of ten consecutive years. The Decree requires Colorado to prepare and maintain complete and accurate records of the total area of land irrigated and the storage and exportation of water and to make such records available for inspection. C. Existing Water Related Activities In its 1945 opinion, the U.S. Supreme Court found that 131,800 acres were presently under irrigation in Jackson County in Colorado. Since then the number of acres being irrigated in any one year has been as high as 134,467. The Decree allows Colorado to irrigate up to 145,000 acres. For purposes of this Program, the parties to the Cooperative Agreement agree that depletion associated with the irrigation of up to 134,467 acres constitute existing uses and that deplerions associated with the irrigarion of between 134,468 and 145,000 acres in Jackson County constitute new water related activities. The irrigation storage and export limits in the Decree also represent existing uses as of 1945, and reflect the Supreme Court's recognition that transbasin diversions in some years exceeded 6,000 acre- feet. Since the limitations in the Decree represent historical uses in Jackson County, any depletions within those limits constitute existing water uses. Storing more than 17,000 acre- feet of water for irrigation purposes between October 1 of any year and September 30 of the following year and exporting more than 60,000 acre- feet of water in any period of ten consecutive years are not permitted under the Decree, and, therefore, no new water related activities of these types are contemplated. In addition to existing uses in accordance with the Decree, Jackson County's small population and limited industry consume a small quantity of water under prior existing rights. Colorado does not anticipate significant population growth in Jackson County during the term of the Cooperative Agreement or the first increment of the program. The population baseline far Jackson County is 2022 people. Colorado determined the