Volume III: Apendices B-T Of the Biological Opinion

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IJune 30, 1997 (1) To the extent that canal routing requirements were intended to address losses associated with multiple use of Environmental Account water, the parties agree that Environmental Account water may be diverted by the NPPD at its diversion dams near Keystone and Korty, or by Central at its diversion dam near North Platte, or by both. NEDWR shall estimate transportation losses which would have occurred had the Environmental Account water been routed the entire distance by river. Consistent with the Environmental Account Program (Paragraph III.A.9), NPPD and /or Central shall return to the river the Environmental Account water diverted less the NEDWR estimated river loss. Any actual losses in excess of the NEDWR loss estimate shall be "made up" by the diverting District or Districts out of their own water supply. If, in the future, DOI and the Districts reach agreement on a transportation loss calculational methodology for the Districts' systems, and calculated transportation losses are less than losses calculated by NEDWR, NPPD or Central shall return to the river the Environmental Account water diverted less the calculated canal loss. ' (2) To the extent canal routing recommendations were intended to address low flow conditions above the J -2 Return, the parties agree that such concerns are adequately addressed through -17- g. 1.0 foot drop limit to protect walleye spawning L4/1-5/31-). NGPC previously recommended a limit on reservoir level change; the ' parties agree that no limit should be placed on reservoir elevation drop to protect walleye spawning. The parties further agree that Environmental Account releases as called for by the Environmental Account Manager to protect habitat for endangered species and provision for any minimum or average operational flows specified in the Environmental Account ' Program should not be subordinate to requirements for walleye spawning, however, due consideration will be given to the effects on walleye spawning when planning releases from the Environmental ' Account to minimize, whenever possible the impacts to the fishery. h. Multiple use of Environmental Account water. The parties agree ' that the additional canal use limits and supply canal routing requirements recommended by FERC Staff in the Revised Draft Environmenal Impact Statement are not appropriate and should not be adopted. (1) To the extent that canal routing requirements were intended to address losses associated with multiple use of Environmental Account water, the parties agree that Environmental Account water may be diverted by the NPPD at its diversion dams near Keystone and Korty, or by Central at its diversion dam near North Platte, or by both. NEDWR shall estimate transportation losses which would have occurred had the Environmental Account water been routed the entire distance by river. Consistent with the Environmental Account Program (Paragraph III.A.9), NPPD and /or Central shall return to the river the Environmental Account water diverted less the NEDWR estimated river loss. Any actual losses in excess of the NEDWR loss estimate shall be "made up" by the diverting District or Districts out of their own water supply. If, in the future, DOI and the Districts reach agreement on a transportation loss calculational methodology for the Districts' systems, and calculated transportation losses are less than losses calculated by NEDWR, NPPD or Central shall return to the river the Environmental Account water diverted less the calculated canal loss. ' (2) To the extent canal routing recommendations were intended to address low flow conditions above the J -2 Return, the parties agree that such concerns are adequately addressed through -17-