Volume I Biological Opinion

• Description: related to the Platte River Endangered Species Partnership ‎(aka Platte River Recovery Implementation Program or PRRIP)‎
• State: NE
• Date: 7/1/1997
• Author: U.S. Fish and Wildlife Service, Grand Island, Nebraska
• Title: Volume 1 - Biological Opinoin On the Federal Energy Regulatory Commission's Preferred Alternative for the Kingsley Dam Project ‎(No. 1417)‎ and North Platte/Keystone Dam Project ‎(No. 1835)‎
• Water Supply Pro - Doc Type: Biological Opinion

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In June 1984, 3 years after publication of the Platte River Ecology Study
(U.S. Fish and Wildlife Service 1981), the Districts filed applications for
new licenses for their respective projects (Central 1984, NPPD 1984), the
licenses for which were to expire in June and July 1987. In December 1984,
the Commission notified the Districts that their applications were deficient
and allowed them 90 days to correct deficiencies (Federal Energy Regulatory
Commission 1984a and 1984b). The Districts responded to the Commission by
correcting some of the deficiencies and requested an extension of time to
submit the remaining information. The extension was granted, and the deadline
for filing was extended to May 1990.
On May 28, 1987, prior to expiration of the original licenses, the Service
requested the Commission to formally consult under section 7 of the Act for
issuance of the proposed annual licenses (U.S. Fish and Wildlife Service
1987a). The Commission declined to initiate consultation. In June and July
1987, the licenses for both of the projects expired and the Commission issued
annual licenses for both projects subject to the terms and conditions of the
original licenses. Consequently, for more than 9 years, Project Nos. 1417 and
1835 have operated on "annual" licenses without benefit of consultation under
section 7 of the Act.
In May 1989, the U.S. Court of Appeals for the District of Columbia found that
the Commission was remiss in failing to undertake any assessment of
environmental issues in connection with its issuance of annual licenses (U.S.
Court of Appeals 1989). On February 14, 1990, the Commission imposed interim
measures on NPPD's Project No. 1835 and requested Central's cooperation in
implementing those measures (Federal Energy Regulatory Commission 1990a). The
interim measures included the construction of eight riverine nesting islands
for least terns and piping plovers and minimum instream flows depending on the
volume of water stored in Lake McConaughy. The Commission stayed the minimum
instream flow requirements on May 10, 1990, because Central did not cooperate
as requested by the Commission (Federal Energy Regulatory Commission 1990b).
Central later filed a license amendment request, and the Commission
subsequently amended Central's annual license on July 16, 1991, to incorporate
minimal baseflow targets and other resource protection measures as follows:
(a) requirements for a plan to protect least tern and piping plover nest sites
on project lands; (b) enhancement of up to 2,000 acres of wildlife habitat at
a wetland complex located within Central's irrigation service area; and (c)
provision of certain baseflows in the Platte River depending on volume of
water stored in Lake McConaughy and the time of year (Federal Energy
Regulatory Commission 1991).
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