Agenda Item 21, July 5-6, 2006 Board Meeting, Water Supply Protection

• Description: Platte River Endangered Species Program
• State: CO
• Date: 7/12/2006
• Author: Randy Seaholm, Ted Kowalski, Colorado Water Conservation Board
• Title: Agenda Item 21, July 25 -26, 2006 Board Meeting, Water Supply Protection — Platte River Endangered Species Program Background
• Water Supply Pro - Doc Type: Meeting

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W REAS, the State of Colorado is signatory to the South Platte River Compact, C.R.S.
Sec ion 37 -65 -101, et seq., executed on behalf of the State on the 27th day of April, 1923
Th South Platte River Compact divides and apportions the water of the South Platte
Ri r between the State of Colorado and the State of Nebraska.
W [REAS, the State of Colorado is subject to a decree of the United States Supreme
Co rt regarding the use of the waters of the North Platte River. Nebraska v. Wyoming,
32 U.S. 589, 65 S.Ct. 1332, 89 L.Ed. 1815 (1945) as amended .
W EREAS, the South Platte River Compact and the decree in Nebraska v. Wyoming
li it the use of the waters of the South Platte and North Platte Rivers within the State of
C lorado.
HEREAS, the State of Nebraska, in the case of the South Platte River, and the States of
yoming and Nebraska, in the case of the North Platte River, are entitled to use such
iters of the South and North Platte Rivers, respectively, which flow out of the State of
> lorado in accordance with the requirements of the South Platte River Compact and the
cree in Nebraska v. Wyoming.
EREAS, all water which is not required to flow out of Colorado under the South
to River Compact and the decree in Nebraska v. Wyoming is available for diversion
beneficial use within the State of Colorado.
IEREAS, the State of Colorado is signatory to the 1922 Colorado River Compact and
1948 Upper Colorado River Compact under which Colorado may use such waters
hin the State of Colorado pursuant to Colorado Water Law. By law, water users have
right to use, reuse, and successively use 4@ water imported
n the Colorado River into other river basins within the State of Colorado.
WHEREAS, the United States Fish and Wildlife Service ( "U.S.F.W.S. ") has listed the
whooping crane, piping plover, least tern, and pallid sturgeon under the federal
Endangered Species Act, and has designated critical habitat for the whooping crane
pursuant to the Endangered Species Act. These species, and the designated critical
habitat, are located in the Central Platte Region of the State of Nebraska.
WHEREAS, the State of Colorado is a signatory to a Cooperative Agreement between
the States of Colorado, Wyoming, and Nebraska, and the United States Department of the
Interior for the purpose of developing a program to protect and improve habitat for the
endangered and threatened species, originally executed on July 1, 1997, and which was
extended twice and which expires on October 1, 2006.