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<br />. <br /> <br />Colorado's proposal to address future depletions associated with new <br />water-related activities in the North Platte River Basin, Jackson <br />County, Coloradol <br /> <br />I. <br /> <br />Introduction <br /> <br />Tab 3B of the Cooperative Agreement for Platte River Research and Other Efforts <br />Related to Endangered Species Habitats along the Central Platte River, Nebraska <br />(Cooperative Agreement) sets forth Colorado's Plan for Future Depletions. Subject to <br />on-going NEP A and ESA reviews, and verification of certain assumptions, the parties to <br />the Cooperative Agreement have agreed that Colorado's Plan for Future Depletions is <br />sufficient contribution to offset alleged affects on endangered species habitats in <br />Nebraska of new water related activities in the South Platte River Basin in Colorado. The <br />Plan for Future Depletions also indicates that during the term of the Cooperative <br />Agreement, Colorado will elect whether to include new water related activities in the <br />North Platte River Basin in the Program, and how any impacts to the habitat associated <br />with such activities would be mitigated. <br /> <br />. <br /> <br />Colorado proposes to include new water related activities in the North Platte River Basin <br />in the Program and to offset alleged affects on endangered species habitats in Nebraska in <br />accordance with this agreement. The parties to the Cooperative Agreement agree that this <br />agreement replaces Tab 3B. III (sic). A of the Cooperative Agreement. <br /> <br />II. North Platte Decree <br /> <br />The decree in Nebraska v, Wyoming, 325 U.S. 589 (1945), modified. 345 U.S. 981 (1953) <br />(the Decree), enjoins Colorado from diverting water from the North Platte River and its <br />tributaries for the irrigation of more than a total of 145,000 acres in Jackson County <br />during anyone irrigation season. The Decree also enjoins Colorado from storing more <br />than 17,000 acre-feet of water for irrigation purposes from the North Platte River and its <br />tributaries in Jackson County between October 1 of any year and September 30 of the <br />following year. Finally, the Decree enjoins Colorado from exporting out of the basin of <br />the North Platte River and its tributaries in Jackson County more than 60,000 acre-feet of <br /> <br />I Colorado offers this proposal as part of its efforts to resolve endangered species conflicts in the Platte <br />River Basin through a negotiated and mutually agreed upon basin-wide cooperative agreement and <br />recovery program. Nothing in this proposal constitutes an admission by Colorado that any depletions to <br />the North or South Platte rivers or their tributaries in Colorado that have occurred or may in the future <br />occur adversely affect or reduce state line flows, Similarly, Colorado does not admit that any changes in <br />the amount or timing of stateline flows at the Colorado - Nebraska or Colorado - Wyoming state lines that <br />have occurred or that may in the future occur reach or adversely affect endangered species habitat in <br />Nebraska. This proposal is not intended, and should not be construed, to amend or modify the North Platte <br />Decrees as they pertain to Colorado or the South Platte River Compact, or to waive any rights thereunder, <br /> <br />. <br /> <br />Colorado's Future Depletions Proposal for <br />New Water Activities in the North Platte Basin. <br />Jackson County, Colorado <br />January 6, J 998 <br /> <br />Page I of 4 <br />