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shortages. If the EIS modeling indicates a yield that differs from 7,000 ac -ft at the <br />critical habitat, the size of the leasing program may require adjustment. <br />0 Legal And Institutional Requirements for Implementation: <br />There are several legal and institutional requirements necessary to implement this project. <br />New legislation would be required to establish the conditions under which a water rights <br />leasing program could be implemented in Nebraska. Two legislative bills, 671 and 672, <br />which address water rights leasing, have been indefinitely postponed and will need to be <br />reintroduced in a subsequent legislative session. These bills would need to be ratified <br />before leasing could be implemented in Nebraska. <br />The Nebraska Department of Natural Resources would manage agricultural leases. <br />Based on the conditions proposed in LBs 671 and 672, a leasing application must be <br />approved by the DWR. For some leases, water not used for irrigation could be stored in <br />the Lake McConaughy EA. Water released from the EA would be protected from <br />diversion under water right A- 17695. If an individual farmer within an irrigation district <br />desires to lease water to the Program, the irrigation district must consent to the lease. <br />The terms and conditions under which the EA could be used to re- regulate reductions in <br />irrigation water use downstream of Lake McConaughy would need to be agreed upon. <br />0 Schedule For Implementation: <br />This project does not require any new construction or infrastructure, therefore, the <br />implementation schedule is based primarily on the resolution of legal and institutional <br />issues. <br />As noted in comments received from Nebraska, the draft schedule for implementing this <br />project is as follows: <br />Year 1: Introduction of proposed legislation. <br />Year 2: Enactment of legislation and adoption of rules and regulations to implement <br />leasing law. <br />Year 3: Governance Committee establishes an incentive based leasing program <br />compatible with Nebraska water rights leasing law. <br />Year 4 to Year ? (will depend on cash flow to the Program and participant willingness): <br />Water right leases are secured from individual water right holders and the Department of <br />Natural Resources (DNR) reviews each lease for approval /disapproval. This assumes <br />such approval would be required by the legislation. <br />\\DN00\E- DRIVE \PROJECTS\Platte \Work Products \Task 9 \wapc report (Version 7).doc 19 <br />