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are nece sary to shift water flows at a point upstream from the Colorado - Nebraska state line and <br />downstr am from the last diversion in Colorado, from periods of net accretion to periods of net <br />depletio . Colorado's commitment to reregulate flows in any Reporting Period shall equal the <br />total de etive effect by month for those months in which a net depletive effect will occur. To the <br />extent t at Colorado constructs projects or obtains the ability to reregulate water in excess of the <br />total del letive effect for those months in which a net depletive effect will occur, such capacity <br />will be vailable for use in the next succeeding Reporting Period. Should total annual net <br />depleti effects exceed the assumptions set forth above, Colorado reserves the option of <br />reconsi ering different measures to mitigate those effects under the Program. <br />H. ESA Compliance. ESA compliance for South Platte Basin future depletions in Colorado will <br />confom. to the Program document. This portion of the Colorado plan covers new water related <br />activit s in the South Platte Basin conforming to the criteria listed below for future depletions: <br />1. The new water related activity is operated on behalf of Colorado water users, except <br />he provisions of sub - paragraph H 4, below shall govern federal projects; <br />Depletions caused by the new water related activities began after June 30, 1997. <br />3. New water related activities will not be covered by this plan once the average annual <br />water supply to serve Colorado's population growth attributed to the sources of <br />"Wastewater Exchange /Reuse" and "Native south Platte Flows" exceeds 121,000 acre <br />feet. The 121,000 acre -feet figure represents gross water deliveries (supplies) to meet <br />new demands for an average hydrologic year, and is not a consumptive use or diversion <br />limitation. In analyzing proposed new water related activities that have supplies derived <br />from the storage of native South Platte flows, only those supplies resulting from <br />diversions to storage during the period from February through July will be counted <br />toward the 121,000 acre -feet. In the event that a new water related activity is not covered <br />by Colorado's plan pursuant to this subsection I.H.3, Colorado and the activity's <br />proponent can consider amendments that will allow Colorado's Plan to provide ESA <br />compliance for the activity as provided in Section E of the Program document. <br />4. The Colorado plan for future depletions does not cover the construction of a major on- <br />stream reservoir located on the main stem of the South Platte River anywhere <br />downstream of Denver, Colorado. In addition, the Colorado plan for future depletions <br />does not cover hydropower diversion/return projects that divert water including sediments <br />from the main stem of the South Platte River anywhere downstream of Denver, Colorado <br />and return clear water to the South Platte River. <br />5. Federal projects that provide water for Colorado water users may be covered by the <br />Colorado plan for fixture depletions in the discretion of Colorado as set forth in the <br />Federal Depletion Plan. <br />The SA compliance covered by this plan only concern the target species. To the extent that a <br />fedell nexus activity has potential impact to the Prebles mouse, Ute Ladies Tresses, Wyoming <br />-26- <br />