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ATTACHMENT A COLORADO'S PLAN FOR FUTURE DEPLETIONS September 17, 2004 Colorac o will be responsible for mitigating the impacts of new water related activities in Coloraic o on the associated habitats, in the manner described below.' As part of the proposed Prograr i, the mitigation described below shall constitute the means for mitigating new water related ctivities in Colorado, except for water related activities pursued by entities electing not to parti ipate in the Program. Subject to the planned NEPA and ESA reviews, the Department of the Inte ior ( "DOI ") agrees that Colorado's Future Depletions Proposal is a sufficient contribution by Colc rado to offset the impacts of new water related activities in the South Platte River Basin in Colo ado. If Colorado implements the mitigation program described below, new water related activiti s in Colorado will not adversely affect the "Current Regime of the River," as that term is used in he document entitled "An Environmental Account for Storage Reservoirs in the Platte River S stem in Nebraska," Appendix A, Tab IA. For purposes of this document, "new water related ctivities" shall be used as that term is defined in the Proposed Platte River Recovery Implem ntation Program ( "Program ") document, Attachment III to the Cooperative Agreemene. New w ter related activities shall not include augmentation for wells existing pre -June 30 1997, provide i the augmented wells do not increase irrigated acreage beyond that irrigated on June 30, 1997.3 and habitat Platte 1 3 Prior to these gre approval 2005. Tl users wit court-apl those pla potential to June wells do offers this agreement as part of its efforts to resolve endangered species conflicts through a negotiated Ily agreed upon basin -wide cooperative agreement and recovery program. Nothing in this agreement an admission by Colorado that any depletions to the North or South Platte Rivers or their tributaries in :hat have occurred or may in the future occur adversely affect or reduce state line flows. Similarly, Joes not admit that any changes in the amount or timing of flows at the Colorado- Nebraska or Colorado - state lines that have occurred or may in the future occur reach or adversely affect endangered species Vebraska. This agreement is not intended, and should not be construed, to amend or modify the South -r Compact or any interstate decree, or to waive any rights thereunder. III, page 2, foot note 2 defines new water related activity. 2003, ground water users in the South Platte River Basin augmented their out -of -priority depletions with lively approved annual substitute water supply plans. In 2003, the Colorado General Assembly required nd water users to transition to a system of court- approved plans for augmentation. The applications for A the court- approved plans for augmentation must be filed with the water court no later than December 31, courts may need a number of years to approve the proposed plans, during the interim the ground water continue to operate pursuant to administratively approved substitute water supply plans. Because the oved plans are permanent, and not subject to annual adjustment, the replacement obligations contained in s may be more stringent than those included in the administratively approved plans. In order to resolve a ontroversy concerning whether the use of ground water under more stringent terms constitutes an of an existing project, the parties to the Cooperative Agreement, based upon the assumption that court augmentation plans will not result in increased consumptive use, have agreed that wells in existence prior , 1997 and the augmentation sources for those wells included in any court- approved plans for ion will be deemed existing uses of water and not new water - related activities as long as the augmented of increase irrigated acreage beyond that irrigated on June 30, 1997. -22-