Memorandum: November 17 2009 Agenda 9 Platte River ESA Recovery Program

• Description: Memorandum: November 17 2009 Agenda 9 Platte River ESA Recovery Program
• State: CO
• Date: 11/17/2009
• Author: Kowalski, Ted
• Title: Memorandum: November 17 2009 Agenda 9 Platte River ESA Recovery Program
• Water Supply Pro - Doc Type: Board Memo

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
Fax: [phone]
www. cwcb. state. co.us
TO: Colorado Water Conservation Board Members
FROM: Ted Kowalski, Program Manager
SUBJECT: Agenda 9, November 17-18,2009 Board Meeting
Water Supply Protection Section – Platte River ESA
Recovery Program
Bill Ritter, Jr.
Governor
James Martin
DNR Executive Director
Jennifer L. Gimbel
CWCB Director
Dan McAuliffe
CWCB Deputy Director
Background
As we discussed in July of this year, in 2006, the Governors of Wyoming, Colorado and
Nebraska, and the Secretary of the Interior signed the Platte River Recovery Implementation
Program ( "Program" or "PRRIP ") Agreement, and initiated the PRRIP on January 1, 2007. The
Program is an incremental program with the first increment set at 13 years. Congress passed
authorizing legislation that President Bush enacted into law in May 2008. As a reminder, there
are financial obligations, land obligations, monitoring and implementation obligations, and water
obligations. With regard to the water obligations each State is required to implement a plan for
future depletions (which covers depletions that occur after July 1, 1997). Within this context,
staff has been working with the Jackson County Water Conservancy District ( "District "), the
South Platte Water Activities Program, Inc. ( "SPWRAP "), the federal government, and the other
Program stakeholders to amend Colorado's plan for future depletions, and the way that it deals
with new depletions in the North Platte River basin within Colorado. On October 13, 2009, the
Platte River Program Governance Committee approved Colorado's amended plan for future
depletions. This proposed change was developed in order to help the federal agencies meet its
future depletion needs, but it has benefits for the North Platte water users. This amended
depletion plan is most easily described as "the one - bucket concept." The North Platte future
depletions plan had individual baselines for different types of uses (municipal, industrial, etc.).
Therefore, the piscatorial, environmental, wildlife, and industrial uses were essentially "capped
out ", that is, post -1997 depletions had to be replaced on a one -to -one basis. This new plan is
modeled after the Wyoming plan, where there is one consumptive use entitlement for the entire
basin —as long as that baseline is not exceeded, the new use is covered under the Program. With
this amendment, Colorado and the North Platte water users have additional flexibility regarding
the development of water that can go forward under the Recovery Program. But this amendment
does not amend the requirements of the North Platte decree or Colorado water law. A copy of
the plan for future depletions is attached.
Staff Recommendation
This item is informational only. There is no staff recommendation.
Attachment.
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