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<br />. <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br /> <br />. <br /> <br />. <br /> <br />27 <br /> <br />Army Corps of Engineers has concluded that the subject <br /> <br />project does not qualify for a nationwide Section 404 Dredge <br /> <br />and Fill Permit because in the opinion of the U.S. Commission <br /> <br /> <br />and Wildlife Service the consumptive use of water from the <br /> <br /> <br />anticipated operation of the reservoir and delivery of water <br /> <br /> <br />to the Public Service Company would reduce the flow of <br />water in the South Platte River thereby allegedly having <br /> <br />an adverse impact on the habitat of the whooping crane <br /> <br />(an endangered species), which habitat is located about 260 <br /> <br />miles downstream on the Platte River in the State of <br /> <br />Nebraska, and whereas the State of Colorado is entitled to <br /> <br />beneficially consume a certain portion of the waters of the <br /> <br />South Platte River pursuant to the South Platte River <br /> <br />compact, and whereas the Riverside Irrigation District and <br /> <br />the Public Service Company have filed a complaint against the <br />U.S. Army Corps of Engineers and the U.S. Fish and Wildlife <br /> <br />Service in the U.S. District Court for the District of <br /> <br /> <br />Colorado, now therefore be it resolved by the Colorado Water <br /> <br />Conservation Board in regular session assembled in Denver, <br /> <br /> <br />Colorado, on the 8th day of July, 1980, that it does hereby <br />respectfully request the Honorable Richard Lamm, Governor, <br />to direct the Attorney General to intervene in the lawsuit <br /> <br />on behalf of the State of Colorado to protect the interests <br /> <br />of the State, and be it further resolved that the secretary <br /> <br />of this Board is hereby directed to transmit a certified copy <br />