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CWCB Members <br />Status of Platte River Cooperative Agreement Implementation <br />September 21, 1998 <br />with Mr. Strickland's contract amount to just over $39,000, payable monthly by the CWCB in <br />accordance with a contract effective July 1, 1998. <br />II. National Environmental Policy Act (NEPA) Compliance <br />Background: The Platte River basin states and the U.S. Department of the Interior have agreed that <br />the long -term habitat restoration program described in the Cooperative Agreement can provide the <br />reasonable and prudent measures for Platte River basin water - related activities that avoid jeopardy <br />to the whooping crane, piping plover, interior least tern, and pallid sturgeon, provided the program <br />successfully complies with NEPA review requirements and the Service's own internal Endangered <br />Species Act review. Key recent NEPA developments include: <br />Issues / Developments: <br />The Bureau of Reclamation is leading the NEPA compliance process. Other federal agencies <br />have "cooperating agency" status. The Governance Committee has concurred with the <br />Bureau's present desire to limit "cooperating agency" status to federal agencies due to the <br />difficulties and delays of conferring such status on the numerous county and state agencies <br />seeking or that could seek such status. Delays in completing the NEPA process only prolongs <br />the uncertain and difficult regulatory environment affecting Platte River basin water <br />development and management activities. <br />• A Denver -based Platte River Environmental Impact Statement office has been established, <br />under the direction of Mr. Curt Brown. Ms. Charlene Dougherty, who also works out of the <br />NEPA office, functions as USDOI Assistant Secretary Patty Beneke's direct liaison to the <br />NEPA process. <br />• The required public scoping process to identify issues and alternatives has been completed and a <br />"Final Scoping Report" is available for your review, should you be interested. <br />During the scoping process, the Colorado River Water Conservation District expressed the view <br />that the Colorado River basin should be included as part of the "affected environment" in the <br />Platte River EIS, and that the effects of diversions from the west slope to the Platte River basin <br />should be fully analyzed in the EIS. The River District reasoned, in summary, that because <br />increased average annual flows at the Colorado- Nebraska stateline over the course of the 20th <br />century are a function of return flows resulting from transmountain diversions, and because <br />Colorado's proposed managed groundwater recharge project (Tamarack Plan) and Future <br />Depletions Plan are designed to re- regulate the timing of transbasin return flows for the benefit <br />of the habitat in central Nebraska, the Platte River program is dependent upon existing and <br />perhaps increased transbasin diversions. The River District has also reasoned that the Platte <br />River program's dependence upon transmountain return flows reduces incentives for reuse as <br />may be required by the Blue River decree. Several other parties engaged in the NEPA process, <br />including the Department of Natural Resources, Denver Water, and the Northern Colorado _ <br />Water Conservancy District, have clarified verbally and in writing that the Platte River program <br />in no way is dependent upon transmountain diversions, would in no way result in a change in <br />PJ <br />