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<br />Mr. James Flannery <br />July 29, 1983 <br />Page two <br /> <br />decrees. Assertions concerning streamflow requirements for <br />habitat maintenance in either Wyoming or Nebraska cannot impair <br />or otherwise affect .therights of Colorado or its water users.- <br /> <br />In general, the draft summary report appears to provide a <br />relatively complete analysis of the issues concerning the alleged <br />relationship between upstream water use and habitat conditions in <br />the central Nebraska area. However, we believe that the data <br />presented demonstrate that manipulation of .streamflows or of <br />present and future water. uses in the basin would be unlikely to <br />achieve the desired habitat maintenance even if it could be <br />legally accomplished. Our reasons for this statement are <br />summarized below: <br /> <br />1.. Two alternatives using strealRflows in an attempt to <br />maintain habitat conditions from Overton to below Grand <br />Island were analyzed. The first alternative focused on <br />preventing woody seedings establishment in the river <br />fram mid-May to mid-August by flooding the seedings. <br />The required water depth was 2.6 feet and the flow was <br />2600 cfsat Overton. The second alternative provided <br />for water to scour the river channel. Beedings would be <br />eliminated by a surge of water on 16 days during mid-May <br />to mid-August. Flow requirement at Overton would total <br />3,800 cfs. The report itself recognizes that providing <br />such flows is probably not attainable. <br /> <br />2. The Platte River Ecology Study (June, 1981) prepared by <br />the Fish and wildlife Service states that whooping crane <br />use of the Platte River apparently has declined markedly <br />in recent decades. During the past 30 years <br />(1950 - 1980) there have been only five confirmed <br />sitings of these birds on or near the Platte River. <br />Apparently, the Platte River is ~eldom used as a <br />stopping place for the whooping cranes on their <br />migration routes. <br /> <br />The draft summary report concludes that there will be <br />additional flow reductions as a result of additional ground <br />and/or surface water developments upstream of Lexington and that <br />if present flows are significantly reduced, storage will be <br />needed to provide different flow regimes for habitat maintenance <br />in the future. <br /> <br />If releases from storage are found desirable, then such <br />storage should be provided with federal funds and it must occur <br />in compliance with the applicable state water laws, canpacts, and <br />U.S. Supreme Court decrees. <br />