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<br />OOOs-i4 <br /> <br />requirements for contributions to the water management program. <br />Rather, a system should be developed that determines the states' <br />equitable contributions, then a mechanism for differential credits <br />and requirements could be devised so that Nebraska's water users <br />are not unduly penalized. <br /> <br />Recommendation <br />Equity should be defined in a way that acknowledges the differing <br />benefits of water in relation to the management goals, while <br />protecting the States through a mechanism of differential credits and <br />requirements. The draft Program should then be modified to <br />emphasize that water will be acquired in locations that will provide <br />the most benefit, regardless of legal jurisdictional lines. <br /> <br />2.1 Land Management <br /> <br />The Land Management section of the Platte River Habitat <br />Conservation Program sets forth measurable and concrete objectives <br />to be accomplished in the 89 mile Big Bend stretch of the Platte. As <br />set forth in the draft plan, the Land Management section illustrates <br />the type of plan that should be developed for water management. <br /> <br />2.2 Water Management <br /> <br />The water management element will have to respond to <br />changes in State and Federal laws, and the U. S. Supreme Court <br />decree and compact. <br /> <br />The first sentence in this section, ("The water management <br />element will create the conditions needed for recovery and <br />conservation. of habitat for threatened and endangered species in the <br />central Platte in a manner that is consistent with Federal and state <br />laws, and the interstate compact and the U.S. Supreme Court decrees <br />apportioning water among the states." page 11) and similar <br />statements on page 3 seem to erroneously assume that the U.S. <br />Supreme Court made a final, definitive interstate allocation of Platte <br />waters. <br /> <br />In fact, on April 20, 1993, the U.S. Supreme Court handed down <br />a decision in Nebraska v, Wyoming that confirms that Nebraska is <br />entitled to seek modification of the existing decree to bar upstream <br /> <br />I'age 4 July 30, 1993 <br />National Audubon Society- Comments on: <br />PUMJS-l\tlA we IS Draft "Platte River H:tbitat Conserv~ltion Program." <br />