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currently no statutory authority to transfer groundwater off overlying land for environmental purposes. It is likely that new legislation would be required to implement this type of project. There is some ambiguity regarding whether this could be accomplished without new legislation, however, new legislation would be preferable if this type of project is included in the Program. According to Nebraska representatives on the W APC, new legislation could be prepared for the legislative session next year. Water added to the Lake McConaughy EA and released during periods of shortage would be protected downstream under water right A-17695. Protection would not be needed for water that is returned to the Platte River via North Dry Creek or Lost Creek because that water is added within the critical habitat reach and there are no significant diversions below that point which could remove water associated with these projects from the Platte River. NEP A compliance and site-specific environmental permits may be required for the construction of infrastructure related to groundwater management depending on the severity of on-site impacts. A 404 permit from the U.S. Army Corps of Engineers would be required to construct a cutoff between Lost Creek and the Fort Kearny IP A. o Schedule For Implementation: As noted in comments received from Nebraska, a groundwater management project could be implemented in two years, however, it would need to be phased in over several years. Infrastructure including wells, pumps, pipeline, etc. would need to be installed. A water rights permit may need to be secured from the Nebraska DWR depending on which option is implemented. NEPA compliance and site-specific environmental permits may also be required prior to implementation. o Expected Project Life: The expected project life varies depending on the groundwater management plan implemented. Active pumping from the groundwater mound, groundwater irrigation, and conjunctive use projects could extend beyond the first increment of the Program. A constraint on the project life could be the wells and pumping hardware, which would most likely need to be replaced within 10 to 20 years. In addition, drawdown limits could be set by either TBNRD or CNPPID, in which case the project would be terminated if these limits are exceeded. The project life of dry-land farming depends on the willingness of farmers to dry-land farm every other year. Some farmers may be willing to dry-land farm on a rotating cycle indefinitely, whereas, others may only be interested on an infrequent basis. However, in general, groundwater management projects have the capability of being extended through the first increment. C;\Drut~ WUler AClion PIMl {MllY 30, 2000)\wupc report (Version 6 BND2)-.<.loc 39