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Benefits of a Programmatic Approach <br /> Individual water users will need to decide whether to rely on the Program for purposes <br /> of ESA compliance for their water-related projects in the Platte River basin. The circumstances <br /> surrounding each project will inform the decision whether to participate under the Program or <br /> pursue stand-alone ESA consultation and project-specific mitigation. The requirements in the <br /> vast majority of stand-alone Section 7 consultations conducted independent of a Program have, <br /> to date, entailed time intensive negotiations and mitigation requiring that water users replace <br /> individual project depletions on a one-for-one basis. In contrast, under the programmatic <br /> approach toward Platte ESA compliance: (1) individual projects are asked to contribute money, <br /> not water, to address their depletive impacts on the target species; (2) individual projects rely <br /> on the Program's offsetting measures as their means to avoid jeopardy to the species and <br /> adverse modification of critical habitat under Section 7; (3) programmatic offsetting measures <br /> serve to avoid any prohibited "take" of target species for all federal nexus and non-nexus <br /> individual water activities participating under the Program; and (4) individual projects can take <br /> advantage of streamlined procedures for documenting ESA compliance. <br /> Commitments and Costs under the Program <br /> Colorado's responsibilities under the Program comprise 20%of the total Program <br /> budget in cash and cash-equivalent contributions. Colorado is contributing less water (10,000 <br /> to 27,000 acre feet out of the 130,000 to 150,000 annual acre foot shortage reduction) and <br /> more money ($24 million), relative to the other states during the first increment of the <br /> Program. During the first increment of the Program, Colorado and its water users are required <br /> to: <br /> 1. Develop the capability under the Tamarack Plan to provide an average of 10,000 acre feet <br /> annually based on historic hydrology of shortage reduction to FWS target flows by the end <br /> of 2011. Colorado is on track to meet this requirement; <br /> 2. Re-time water in Colorado to avoid net increased shortages to target flows in the habitat <br /> pursuant to Colorado's Plan for Future Depletions. Colorado is in compliance with this <br /> requirement- attached is the Colorado Annual Review provided to and approved by the <br /> Program; <br /> 3. Participate in the business and operational activities of the Program; and <br /> 4. Provide $24 million in cash or cash equivalent contributions to the Program (in 2005 dollars) <br /> to fund Program activities such as acquiring additional land and water, performing <br /> monitoring and research, and conducting Program operation and maintenance activities. <br /> To date, the Colorado Legislature has funded the full $24 million toward satisfaction of this <br /> requirement. <br /> 5 <br /> C■- <br /> SPWRAP <br />