WSPC06991

• File Number: 8408
• Description: River Basin General Correspondence
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 7/30/1993
• Title: Platte River Evaluation: USBR - National Audubon Society Comments on Platte River Management Joint Study Management Alternatives Work Group's Draft "Platte River Habitat Conservation Program"
• Water Supply Pro - Doc Type: Report/Study

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OFFICE OF THE SOLICITOR

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United States Department of the Interior

Rocky Motllllaill RegiOlI
P.O. Box 25007
Denver Federal Center
Denver, Colorado 8022;:;

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August 17, 1993

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FWS.RM.0048

Memorandum

To:

John Lawson, Chairman, Management A1cernacives _Work
Group, Platte River Joint Study, "Bureau of . .
Reclamation, Mills, Wyoming

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From: Regional Solicitor, Rocky Mountain Region

Subject: Draft Platte River Habitat Conservation Program

We have reviewed the subject document for legal sufficiency and
have the following comments.

Cover page. - The title of the program is misleading because
habitat conservation programs, under the Endangered Species Act
(ESA) , are specific programs developed pursuant to Section 10 and
are part of the incidental take permit process. Please change
the title to something other than "habitat conservation program."

Page 1, paragraph two. - Please delete "narrow regulatory
mechanisms" and replace with "case-by-case approach." The
Section 7 consultation process does not involve "regulatory
action" unless a permit or other authorization is involved. For
example, the Section 7 consultation between your agency and the
Fish and Wildlife Service (Service) on the North Platte projects
are not regulatory. Additionally, the term "mitigation" should
not be used in relation to measures needed to meet the
Section 7(a) (1) and (a) (2) requirements.

Page 2, paragraphs 2 and 3. - Please clarify that, although the
States have responsibilities under State law for federally listed
species, such role is subject to the ESA.Also, the Federal
reservoirs are operated to ,fulfill their congressionally
authorized purposes. Their purpose is not to regulate deliveries
in accord with the Compact and decrees as stated in paragraph 3.
We are not aware of any connection between the Corps' dams on the
South Platte River and the South Platte Compact or any connection
between the Laramie River Decrees and the North Platte River
projects. We agree that the Bureau's North Platte River project
operations are subject to the 1945 Supreme Court opinion and
decree. Please revise accordingly.