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<br />. <br /> <br />. <br /> <br />. <br /> <br />Curtis Brown, Study Manager <br />January 8, 1999 <br />Page 2 <br /> <br />needed by the Recovery Program. To the extent that transmountain water is not needed or is being <br />improperly used in the Platte, or where Platte basin native supplies can be u.sed to fill Platte basin water <br />supply needs, Colorado River water must be left alene and allowed te flow unimpeded in its natural channel. <br /> <br />Efforts to previde flow for endangered species in the Platte must not impede the progress being made <br />toward recovery of the Colorado River fishes. Following are two ways the PElS can address the issue fairly: <br /> <br />1. The PElS and asseciated Record of Decision should contain statements specifically <br />recognizing the rights and obligations of operators ofrransmoumain diversions to re~apture <br />and reuse water originating in the Colorado River Basin and encouraging them te do so, <br />regardless of the effect on flows in the Platte. To do otherwise is to encourage wasteful <br />depletion of the Colorado River to the detriment of endangered aquatic species in that <br />stream. <br /> <br />2. <br /> <br />The PElS and associated Record of Decision should contain statements specifically <br />recognizing the importation of Colorado River water, but onlv to the extent of beneficial <br />supplemental use pursuant to Colorado law and Conl!ressienal authorization. The PElS <br />must not erect institutional barriers which benefit the Platte at the expense of Colorado <br />River endangered species. In fact, we believe that to do so would violate the Endangered <br />Species Act (16 USCA 1536). <br /> <br />Please consider this letter as agency/public comment on the list of alternatives being considered for <br />inclusion in the PElS investigation, and as a suggestion for specific language to be included in the PElS and <br />Record of Decision. If you have any questions, please do not hesitate to call. <br /> <br />Very truly yours, <br /> <br />\2-0.--0 L~ <br /> <br />Richard E. Kuhn <br />Secretary/General Manager <br /> <br />MGJREK <br />pc: CRWCD dir<ctol'S <br />Greg Walcher <br />Doug Robotham <br />Henry Maddux <br />Eric Wilkinson <br />Dave Little <br />Alan Berryman <br />Ralph Morganweck <br />Peter Evans <br />Wade Buchanan <br />Dick: Stenzel <br />