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di ersions and accommodating certain new water depletions. These three elements <br />w uld be managed through an adaptive management program undertaken by the <br />G vernance Committee, which will operate on a consensus basis. The three elements are <br />d igned to be a thirteen year program and are based on a 50150 cost share between the <br />fe Jeral government and the states. The federal government will provide $157.1 million <br />(s ibject to appropriations) while the states would provide $30 million in cash plus water <br />at d land as part of their cost share. In addition, the spillway of Pathfinder Dam in <br />yoming would have to be raised to hold water dedicated for the Program's <br />e vironmental purposes. Some nearby irrigators are concerned that the Pathfinder <br />odification will affect their water rights. Overall, the Program will serve as the <br />"i easonable and prudent" alternative under the ESA for water related activities <br />(depletions) that occurred prior to July 1, 1997. Administrative functions not required by <br />c ngressional authorization are already underway. <br />H.R. 1462 authorizes the Secretary of the Interior (Secretary) to carry out the <br />�deral duties under the Program without creating federal water rights and authorizes the <br />athfinder Dam modification. The bill specifically gives the Secretary the authority to <br />ater into agreements and contracts with Federal and non - federal entities and acquire <br />iterests in land, water and facilities from willing sellers without the use of eminent <br />omain. The bill also authorizes $157.1 million in non - reimbursable funding (with <br />iflation adjustments) over a thirteen year period. No federal funds are authorized for <br />ie modification of Pathfinder Dam. The legislation was introduced by Rep. Mark Udall <br />3 -CO) on March 9, 2007. Reps. Barbara Cubin (R -WY), Diana DeGette (D -CO), Jeff <br />ortenberry (R -NE), Earl Perlmutter (D -CO), John Salazar (D -CO), Adrian Smith (R- <br />[E) and Lee Terry (R -NE) have cosponsored the bill. <br />to the Program and H.R. 1462 <br />The Administration will testify in support of the bill and the Program. Outside of <br />he Beltway, the bill and the Program enjoy relatively broad, yet reluctant support in <br />ome cases. At the time of his signature supporting the Program, Wyoming's Governor, <br />ave Freudenthal (D) indicated that he "signed the agreement reluctantly... There are no <br />ood choices in this area, but it seems to me that the only hope rests in the Platte River <br />ecovery program. Signing the agreement to implement the program does not preclude <br />he state from withdrawing at any point in the future if the representations and promises <br />made by the other states and the federal government are not met. " In a subsequent letter <br />to his congressional delegation, Nebraska Governor Dave Heineman (R) indicated that <br />"this program will benefit the existing ground water and surface water irrigators and <br />other water users... Without this program, the farming operation of irrigators who cause <br />depletion to the Platte River above Chapman could become subject to individual ESA <br />requirements. " Prior to that, Heineman indicated that Nebraska reserved the right to <br />withdraw from the Program as well. <br />Most water and power user groups who depend on the Platte's fifteen dams and <br />reservoirs and diversion works support the Program as a way of getting more water use <br />certainty. Many of those organizations have submitted letters of support for this hearing. <br />0 <br />