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<br />C\\'CB 2\kmbers
<br />Status of P1Rtte Ri\"cf COI.Jpcratl\'C .-\gr~cl11ent Implementation
<br />September 2L 1998
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<br />Several other parties engaged in the ~"EPA process, including the Department of Natural
<br />Resources, Denver Water, and the Northern Colorado Water Conservancy District, have
<br />clarified ,'erbally and in writing that the Platte River program in no way is dependent upon
<br />transmountain dil'ersions, would in no way result in a change in operation of transmountain
<br />diversion projects, and that diverting water from the Colorado River basin for the purposes of
<br />endangered species in Nebraska would be a violation of the Colorado River Compact.
<br />Notwithstanding the exchange of viewpoints thus far, it is apparent that communication
<br />regarding the River District's concerns and the views of other parties can be improved,
<br />Additional opportunities for the parties to exchange view points constructively and reach
<br />mutual accommodation likely will be necessary, The CWCB may want to consider
<br />sanctioning such opportunities.
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<br />. The NEPA process currently is on schedule to be complete by the end of 2000, However,
<br />recent developments within both the Land and Water sub-committees, whose work is
<br />essential to filling in gaps in the proposed program, threaten to delay the N"EP A compliance
<br />process, These are discussed below,
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<br />, m. Water sub-committee: This sub-committee's primary purpose over the next several months
<br />is to fill in gaps in the proposed program's water management component so that the NEP A
<br />process can fully analyze it as the preferred alternative,
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<br />Background: In 1994 the U.S, Fish and Wildlife Service developed desired average target flows
<br />for the Big Bend Reach, In the aggregate, these targets exceed average annual flows by 417,000
<br />acre-feet. In the Cooperati,'e i\greement, the parties committed to steps designed to reduce
<br />shortages with respect to targets by 130,000 - 150,000 acre-feet over the program's 13 to 16 year
<br />first increment. The Service has agreed this level of shortage reduction would offset all existing
<br />depletions in the Platte basin, The Cooperative Agreement identifies three re-regulation projects
<br />with the aggregate capacity to reduce shortages by 70,000 acre-feet annually, Of this total,
<br />10,000 acre-feet would be provided by the Tamarack Plan, a proposed managed groundwater
<br />recharge project in the lower South Platte River, 20,000 acre-feet would be provided through an
<br />enlargement to WyoIl)ing's Pathfinder Reservoir, and 40,000 acre-feet would be provided through
<br />a dedicated environmental account in Nebraska's Lake McConaughy,
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<br />To obtain the balance of shortage reduction capacity (60,000 -- 80,000 acre-feet), the three states
<br />agreed to jointly fund an independent analysis of additional water conservation I supply projects,
<br />Boyle Engineering, Inc, has been retained to conduct this analysis, which now is in the third
<br />month of an approximately 18-month study, The Colorado Water Conservation Board has
<br />entered into a $260,000 contract, effective July 1, 1998, in accordance with Colorado's
<br />agreement to pay for 40"10 of the study cost.
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<br />In addition, each state committed in the Cooperative Agreement that water development activities
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<br />after July 1, 1998 would not further contribute to shortages, The parties agreed to Colorado's
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