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<br />..' ...lO <br /> <br />10. RICD Application of Upper Gunnison Water Conservancv District (Case No. <br />02CW038). <br /> <br />The State will file its Opening Brief in the Colorado Supreme Court on July 26. <br /> <br />11. South Platte Three-State Cooperative A!!reement. <br /> <br />This office has reviewed and concurs with the CWCB staff analysis of the draft <br />environmental impact statement on the Platte River Recovery Plan ("DEIS"). We advise that the <br />staff analysis be the basis for Colorado's comments on the DEIS. While the DEIS and the <br />recently released National Academy of Sciences report are both important, the key to the <br />implementation of the proposed program will be the FWS biological opinion e"BO"). The draft <br />BO will be released for public comment in July. <br /> <br />The BO will determine whether and under what conditions the proposed Platte River <br />Recovery Plan can operate as a reasonable and prudent alternative to the jeopardy caused by <br />existing and future water related activities during the first increment ofthe Program. The FWS <br />has stated that the draft BO will find that the Recovery Plan can operate as a reasonable and <br />prudent alternative if the parties can resolve four issues: <br /> <br />1. North Platte "Choke Point"/Environmental Account Conveyance Priority; <br /> <br />2. Management of System processes. (Sediment transport, vegetation control, normative <br />flows and peak flow management); <br /> <br />3. Pallid Sturgeon benefits; <br /> <br />4. Effects of hydrocycling on Central Platte River Habitats. <br /> <br />FWS and the three states have agreed upon solutions that involve modification oflanguage in <br />the program documents, but should not require a greater commitment of water or greater future <br />development restrictions. Assuming the successful conclusion of the negotiations, the NEP A <br />process should be completed this fall and a record of decision will be issued in 2005 looking for <br />a July I, 2005 program start date. <br /> <br />Prior to the start of the program, the South Platte water users and the state will need to reach <br />agreement on their relative administrative and financial roles. Colorado has committed to have <br />5,000 acre-feet ofre-regulation capability on line by the end of the second year of the project and <br />have another 5000 acre feet on line by the end of the fourth year of the program. The Platte <br />River Project, the current entity that represents Colorado water users, is exploring the appropriate <br />form of entity to operate, finance and implement Colorado's obligations and expects to decide <br />that this summer. <br /> <br />12. Rio Grande Cutthroat Trout ICostilla Creek. <br /> <br />The Rio Grande cutthroat trout is species that the USF&WS has twice declined to list as <br />endangered or threatened. Various environmental groups have sued the USF & WS over this <br />refusal to list. Meanwhile, USF&WS together with New Mexico Fish & Game have announced <br />a plan to introduce the RGC trout into Costilla Creek within New Mexico. The agencies claim <br />that entering into a "Candidate Conservation Agreement with Assurances" will protect water <br />users from any additional regulation if, in the future, the RGC trout is listed. However, both the <br />New Mexico Interstate Stream Commission and Colorado oppose the introduction and have <br />expressed doubts concerning whether or not the USF&WS has the authority to enter into these <br /> <br />4 <br />