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study to undergo further analysis (i.e. engineering studies, economic and social impacts <br />studies, etc.). Changes are likely before final decisions are made. <br />Depletion Plan <br />While the WAP is designed to put "new water" into the river (water that would not <br />normally be there, at that time), each state's Depletion Plan will be designed to prevent <br />increased shortages to target flows caused by new or expanded uses of water begun on or <br />after July 1, 1997. New uses that contribute to target flow shortages would be subject to <br />mitigation, either with water or with dollars that could be used to produce water. An <br />overview of Nebraska's current draft New Depletion proposal, which is subject to <br />change, follows: <br />• In addition to the need to prevent new depletions to target flows, Nebraska's plan has <br />the objective of protecting flows needed by senior surface water rights from <br />depletions caused by new or expanded uses of water. <br />• The flows proposed for use as "target flows" for the Lexington to Chapman reach are <br />what are referred to as the "species flows" and the "annual pulse flows" developed by <br />the U.S. Fish and Wildlife Service. As mentioned earlier, a comparison of those <br />flows with the Nebraska instream flow appropriations is attached to this testimony. <br />Use of the "target flows" does not mean that the state believes those flows are <br />necessary to prevent jeopardy to the species involved. However, if a Platte River <br />Program is actually implemented, those flows would serve as the initial reference <br />points for determining (1) periods of flow shortage, i.e. when new depletions would <br />have to be offset, and (2) periods of flow excess, i.e. when water was available for <br />retiming so it could serve as the required offset for new depletions during flow <br />shortages. <br />• For new or expanded uses of groundwater or surface water begun between July 1, <br />1997 and December 31, 2003, the draft proposes that the state would determine the <br />extent to which those increases in water use would cause new depletions to "target <br />flows" and would implement projects and programs as necessary to offset those new <br />depletions when they occur. <br />• For new or expanded uses of groundwater beginning 1 -1 -2004 or later, a two step <br />process would be used to offset any new depletion to "target flows." First, those <br />making a new or expanded use of groundwater would be responsible for offsetting <br />new depletions to flows needed for senior Nebraska surface water rights including the <br />Nebraska instream flow appropriations. The draft proposes that the state would be <br />responsible for the second step of the process, which would be to offset depletions to <br />"target flows" caused by new or expanded uses of groundwater to the extent those <br />depletions would not otherwise be offset as a result of the offsets for depletions to <br />water right flows. <br />• Also beginning 1 -1 -2004, any new surface water appropriations would be subject to <br />state imposed conditions to avoid or offset new depletions to "target flows." No <br />special provisions would be needed to prevent new depletions to senior surface water <br />rights because such protection is an inherent part of the surface water appropriation <br />system. <br />• Periodically, perhaps every 5 years starting on or around 2008; the state would <br />conduct a new land use inventory to determine changes in irrigated acres, collect <br />-3- <br />