WSP00209

• File Number: 8460.500
• Description: Platte River Recovery Plan
• Basin: South Platte
• Date: 5/30/2000
• Author: CWCB
• Title: Draft Water Action Plan
• Water Supply Pro - Doc Type: Publication

Nebraska will also explore several institutional alternatives for capturing, releasing, and
protecting water generated from a re-regl,llating reservoir if it moves forward (Nebraska's
Comments on Boyle January 17,2000 Memo), Potential institutional alternatives
presented by CNPPID, which address legal requirements, are as follows. If the reservoir
is filled by re-timing water already diverted under an existing water right when river
flows below the J-2 Return exceed target flows, there will be no additional diversions
from the Platte River, Therefore, one alternative may be to modify the existing water
rights to permit additional regulation provided no other water right is hanned, Another
alternative may be to specify the Central District Supply Canal, rather than the Platte
River, as the source of water for the reservoir. In this case, the argument could be made
that water is available for storage on days that flows downstream of the J-2 Return
exceed the needs of existing water rights and target flows. Another option may be to file
for a new storage permit to divert water from the Platte River, A new storage permit with
a junior priority date may not be a significant problem given CNPPID's intentions not to
hann other water rights or target flows (CNPPID's comments, February 16,2000).

If CNPPID is able to acquire a permit to divert under their existing water rights then
water could be protected from diversion under the new storage right. However, even if
releases are not protected, there is little opportunity for downstream users to divert
additional water associated with this project given the proximity to the critical habitat.

Based on conversations with CNPPID personnel, it is possible that CNPPID may need an
amendment to the current Federal Energy Regulatory Commission (FERC) license to
construct this reservoir since it could affect operations of its current FERC licensed
projects, However, there is no FERC requirement that CNNPID build this reservoir to
improve their system, NEPAlESA compliance would also have to be completed on the
construction of the reservoir to address anyon-site issues.

Other federal and state agency permit requirements investigated and identified in the
HDR report include the following. A U.S. Army Corps of Engineers 404 permit would
be required in addition to a 401 Water Quality Certification, which would be addressed
via the 404 permitting process, Coordination with the Nebraska State Historic
Preservation Officer would be required before construction. An NPDES Permit to
Discharge Storm Water Associated with Construction Activity and associated Storm
Water Pollution Prevention Plan for construction activity would be required.
Construction activity would require review from the State of Nebraska DEQ-Air Quality
Division, Permits may be required for the construction of structures within the affected
counties in Nebraska.

o Schedule For Implementation:

Comments were received from Nebraska regarding draft implementation schedules for all
Nebraska projects included in the Water Action Plan. The implementation schedules
provided are estimated times to implementation from the start of the Program, or if action
to implement that alternative does not commence until sometime after the first year of
Program implementation, the estimated time to complete implementation once it has
begun, Implementation times assume that principle efforts are directed at that alternative.
To the extent that efforts are being made to implement multiple alternatives, the

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