BOARD01211

• Board Meeting Date: 3/26/2001
• Description: South Platte Policy Resolution
• Board Meetings - Doc Type: Memo

CWCB South Platte River ;Policy Resolution

The Colorado Water Conservation Board hereby adopts a Policy concerning the obligations of
the State regarding endangered species located in the ~latte River basin in Central Nebraska. The
Colorado Water Conservation Board finds that:

1. The State of Colorado is signatory to the Soutll Platte River Compact, C, R.S. 9 37-65-
101 et. seq" executed on behalfofthe State on~the 27th day of April, 1923, The South
Platte River Compact divides and apportions the waters of Lodgepole Creek and the
South Platte River between the State ofColor~do and the State of Nebraska.
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2. The State of Colorado is subject to a decree of/the United States Supreme Court regarding
the use of the waters of the North Platte River.i Nebraska v. Wyoming, 325 U.S. 589, 65
S.Ct. 1332,89 L.Ed. 1815 (1945) as amended br as it rnay be amended.

3. The South Platte River Compact and the decree in Nebraska v. Wyoming limit the use of
the waters of the South Platte and North PlatteiRivers within the State of Colorado.

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4, The State of Nebraska, in the case of the Sout!} Platte River, and the States of Wyoming
and Nebraska, in the case of the North Platte I?ver, are entitled to use such waters of the
South and North Platte Rivers, respectively, which flow out ofthe State of Colorado in
accordance with the requirements ofthe Sout~ Platte River Compact and the decree in
Nebraska v. Wyoming. .

5. All water which is not required to flow out of Colorado under the South Platte River
Compact and the decree in Nebraska v. WyomIng is available for diversion and beneficial
use within the State of Colorado. .
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6. The United States Fish and Wildlife Service h~s listed the whooping crane, piping plover,
least tern, and pallid sturgeon under the feder;!l Endangered Species Act, and has
designated critical habitat for the whooping crime pursuant to the Endangered Species
Act. These species, and the designated critica~ habitat, are located in the Central Platte
region of the State of Nebraska. ' ;
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7. The State of Colorado is a signatory to a Coo~erative Agreement between the States of
Colorado, Wyoming, and Nebraska, and the United States Department of the Interior that
was originally executed July 1,1997, and ext~nded on December 15, 2000. The primary
purpose ofthe Cooperative Agreement is to d~velop a program that will result in full and
complete satisfaction of all requirements of t4e Endangered Species Act for all water-
related activities in the Platte River basin whiph may affect the listed species and
designated critical habitat in Nebraska.

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