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<br />-2- <br />and it should be formed within the next month. This organization will serve as the funding <br />mechanism for a large portion of Colorado's obligations under the Program. Most of the <br />major water users in the South Platte basin will be included within this organization. It may <br />be prudent to establish a Memarandum of Understanding between the State and SPWRAP to <br />address issues that may arise out of the Program, such as: 1) funding Tamarack operations <br />and maintenance; 2) defining the roles of the State agencies; and, 3) planning and <br />implementing Phase 1 of the Tamarack Project. <br />Fair Share issues. With the Program being completed for the purpose of analyzing the <br />program for the Environmental Impact Statement and forming a Biological Opinion, the <br />focus is now shifting to differences that may exist between states. One of the most <br />significant issues that must be resolved has been termed the "Fair Share" issue. Broadly <br />speaking this issue will relate to the questions about how much each state will contribute and <br />be credited for money, water and land. What makes this issue especially controversial is how <br />this concept may apply to future water related activities. The Board will recall that in simple <br />terms the CA addresses both past water development and future water development. The <br />commitment of 130,000-150,000 acre-feet of water (Colorado's share via the Tamarack Plan <br />is 27,000 acre feet) is for mitigation related to past water development. In determining fair <br />share the concept is that the combined value of water and money should be equitable and that <br />as water is developed for the program it should not increase the mitigation responsibility of <br />another state. Each state and the federal government is also responsible for developing and <br />implementing a future depletions plan. The future depletions plans lay out how impacts to <br />species and habitat target flows will be avoided or mitigated. Nebraska in particular <br />believes that the concept of fair share should include how and how much water each state is <br />allowed to develop in the future. This interpretation could create issues with the South Platte <br />Compact. <br />Budget. The program budget continues to be a major problem and fair share also has <br />relevance in terms of the equitable distribution paid to the program collectively by the states <br />versus the federal government. The CA was based on a 50-50 split for program costs <br />between the states and the federal government. With the current estimated cost of the <br />program increasing to as much as $150-$180 million, this cost distribution may need to be <br />reassessed. <br />Pallid Sturgeon. The Pallid Sturgeon is a large river fish that has primarily been associated <br />with the Missouri River. There is limited capture and/or documentation of the use of the <br />Platte River by the Pallid Sturgeon. Nevertheless, the Service has indicated that they have <br />issued jeopardy opinions in the past for water development on the Platte system, and that <br />some form of a reasonable and prudent alternative may be needed. We are currently <br />developing a Conceptual Ecological Model that will develop the states' hypotheses related to <br />the pallid sturgeon-that is that there will be no impact to the pallid sturgeon <br />Staff Recommendation <br />There is no recommendation at this time, but the Staff will continue to keep the Board informed <br />about this Program. <br />Flood Protection • Water Project Planning and Financing • Stream and Lake Protection <br />Water Supply Protection • Conservation Planning