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is filled by re- timing water already diverted under an existing water right when river <br />flows below the J -2 Return exceed target flows, there will be no additional diversions <br />from the Platte River. Therefore, one alternative may be to modify the existing water <br />rights to permit additional regulation provided no other water right is harmed. Another <br />alternative may be to specify the Central District Supply Canal, rather than the Platte <br />River, as the source of water for the reservoir. In this case, the argument could be made <br />that water is available for storage on days that flows downstream of the J -2 Return <br />exceed the needs of existing water rights and target flows. Another option may be to file <br />for a new storage permit to divert water from the Platte River. A new storage permit with <br />a junior priority date may not be a significant problem given CNPPID's intentions not to <br />harm other water rights or target flows (CNPPID's comments, February 16, 2000). <br />If CNPPID is able to acquire a permit to divert under their existing water rights then <br />water could be protected from diversion under the new storage right. However, even if <br />releases are not protected, there is little opportunity for downstream users to divert <br />additional water associated with this project given the proximity to the critical habitat. <br />Based on conversations with CNPPID personnel, it is possible that CNPPID may need an <br />amendment to the current Federal Energy Regulatory Commission (FERC) license to <br />construct this reservoir since it could affect operations of its current FERC licensed <br />projects. However, there is no FERC requirement that CNNPID build this reservoir to <br />improve their system. NEPA/ESA compliance would also have to be completed on the <br />construction of the reservoir to address any on -site issues. <br />Other federal and state agency permit requirements investigated and identified in the <br />HDR report include the following. A U.S. Army Corps of Engineers 404 permit would <br />be required in addition to a 401 Water Quality Certification, which would be addressed <br />via the 404 permitting process. Coordination with the Nebraska State Historic <br />Preservation Officer would be required before construction. An NPDES Permit to <br />Discharge Storm Water Associated with Construction Activity and associated Storm <br />Water Pollution Prevention Plan for construction activity would be required. <br />Construction activity would require review from the State of Nebraska DEQ -Air Quality <br />Division. Permits may be required for the construction of structures within the affected <br />counties in Nebraska. <br />0 Schedule For Implementation: <br />Comments were received from Nebraska regarding draft implementation schedules for all <br />Nebraska projects included in the Water Action Plan. The implementation schedules <br />provided are estimated times to implementation from the start of the Program, or if action <br />to implement that alternative does not commence until sometime after the first year of <br />Program implementation, the estimated time to complete implementation once it has <br />begun. Implementation times assume that principle efforts are directed at that alternative. <br />To the extent that efforts are being made to implement multiple alternatives, the <br />implementation times may be longer. All of the implementation times are subject to <br />obtaining any necessary supporting water rights and/or changes to existing water rights <br />used to support the Program. <br />\\DN00 \E- DRIVE \PROJECTS\Platte \Work Produaffask 9 \wapc report (Version 7).doc 12 <br />