Additional Questions for Alan Berryman from Ranking Member McMorris Rodgers

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Additional questions for Alan Berryman from Ranking Member McMorris Rodgers: Can an outside group not party to the Platte River Program (Program) referenced in the bill still file NEPA, ESA - related or other litigation on existing federal projects that are covered under the Program? Yes, outside groups that are not party to the Program could file a NEPA or ESA lawsuit, or file other litigation regarding existing federal projects that are covered under the Program. A main element under this Program is to dedicate up to 150,000 acre feet to endangered species. Much of this water will be taken from farmers and communities. Please provide specific mitigation plans for these water losses? The Program's overall Water Plan includes the original three state projects (the environmental account in Nebraska's Lake McConaughy, Pathfinder Reservoir in Wyoming, and the Tamarack Plan in Colorado) and additional individual water projects identified for possible future development under the Water Action Plan. Individual water projects developed under the Water Action Plan would provide water that would be leased by the Program or otherwise compensated for as in the case of power interference and would not take water from existing water users. Colorado's state - sponsored water contribution under the Program (the Tamarack Plan) focuses upon retiming water legally available to Colorado that would otherwise exit the state unused by Colorado water users and at times of no shortage to species' target flows. This water would be diverted under the circumstances listed in the preceding sentence and, through artificial recharge operations, would return to the river at times when the target species are experiencing shortages to the FWS' target flows. (See Program Attachment 5, Section 3 — Colorado's Initial Water Project). Most diversions would occur in the non - irrigation season and at locations below existing Colorado reservoirs that divert during that season. Depending upon their needs, Colorado may also elect to lease additional water from farmers on a "willing lessor /lessee" basis. Leased water would meet the same criteria listed above, would provide farmers with a potential source of income, and no mitigation would be necessary. The first phase of this Program and this bill's authority will last 13 years. What quantifiable and numerical ESA recovery goals are in the Program? The Program does not have numerical recovery goals for species populations. The Program goals include: (1) improving and maintaining migrational habitat for whooping cranes and reproductive habitat for least terns and piping plovers; (2) reducing the likelihood of future listings of other species found in the area; and (3) testing the assumption that managing flow in the