BOARD02566

• Board Meeting Date: 1/26/2000
• Description: Platte River Basin Issues - Platte River Endangered Species Cooperative Agreement, Water Action Plan
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]

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MEMORANDUM

Bill Owens
Governor

To:

Greg E.Walcher
Executive Director

Colorado Water Conservation Board Members

From:

Kent Holsinger, Assistant Director for Water

Peter H. Evans
ewes Director

Date:

January 18, 2000

Dan McAuliffe
Deputy Director

Subject:

Agenda Item 20d, January 26-26, 2000 Board Meeting, Platte River
Endangered Species Cooperative Agreement, Water Action Plan

Back!!'round and Discussion

The Platte River Cooperative Agreement (CA) was signed by Colorado, Nebraska,
Wyoming, and the US Department ofInterior (acting through the Fish and Wildlife
Service) in July 1997. The overall goal of the CA is to protect existing and future water
uses in Colorado while complying with the Endangered Species Act (ESA).

The CA requires that several plans be developed which, if implemented, should provide
ESA compliance. One of the more significant plans cutrently being negotiated among
the three states is the Water Action Plan. Through the Water Action Plan negotiations,
the states must provide 130,000 to l50,OOO acre-feet of water per year to comply with the
U.S. Fish and Wildlife Service's demands.

The three states, Colorado, Nebraska, and Wyoming, have been in these negotiations over
the laSt sev~ral months. Colorado has worked very closely with our water users to ensure
that any potential contribution from Colorado be consistent with Colorado water laws.
As part of that process the State has developed a set of governing principles that must be
considered and addressed.

Attached please find a copy of "Colorado's Water Action Plan Principles" for your
review. A brief summary of these principles follows:

. Much of the habitat used by the species is located outside the Central Platte
and outside of the control of the Cooperative Agreement (CA or the program)
participants can only affect a small portion of the overall habitat and therefore
can only incrementally benefit the species.

. The program envisions that water can be leased for use by the program.
While water leasing has some benefits, it does not provide pennanence to the
program. Colorado's potential contribution in water would offer certainty
and permanence to the program without adversely impacting our water
laws or water Users. Should a state offer only temporary solutions, such as