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PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM <br />Why the Platte Program is Needed by Colorado <br />The Platte Program is designed to resolve escalating conflicts between water use and <br />endangered species protection that affect federal permitting of existing and planned irrigation, <br />municipal and industrial water supply proj ects in the Platte River basin in Colorado. Resolution of <br />these conflicts is critical to the continued use and development of water supplies to meet the needs <br />of Colorado's rapidly growing Front Range. <br />The Conflict <br />Water-related projects which need a federal permit, license, funding, ar are carried out by a <br />federal agency require consultation with the U.S. Fish and Wildlife Service (FWS) under the <br />Endangered Species Act (ESA). Federal agencies are required by Section 7(a)(2) of the ESA to <br />insure that those actions are not likely to jeopardize listed species or adversely modify their <br />designated critical habitat. Water projects in the Platte River basin routinely require a 404 permit <br />from the Corps of Engineers for their construction, operation and maintenance. Other projects <br />require special use permits issued by the Forest Service for water storage or conveyance facilities <br />located on forest lands. The Bureau of Reclamation and Corps of Engineers also own major water <br />collection, distribution and storage facilities that provide water to numerous ditch companies and <br />municipalities or are used for flood control purposes in Colorado. These types of activities are all <br />subject to Section 7 of the ESA. <br />The FWS believes that the Platte River resource is in a state of jeopardy, and that actions <br />resulting in water depletions to the Platte River will continue the deterioration of the endangered <br />species' habitat. The federally listed species at issue include the whooping crane, least tern, piping <br />plover and pallid sturgeon. The FWS has issued "jeopardy" biological opinions for virtually all <br />water-depletive proj ects in the Platte River basin since the late 1970s, citing either new or continued <br />water depletions as contributing factors in j eopardizing the existence of these species and adversely <br />affecting designated critical habitat. Notable examples include the biological opinions issued in <br />1994 for the renewal of Forest Service special use authorizations for six agricultural and municipal <br />water projects along Colorado's Front Range. The 1994 opinions concluded that each of those <br />existing water facilities would cause jeopardy to the listed species and adversely modify Platte River <br />designated critical habitat in Nebraska. The depletions associated with one of those long-standing <br />projects was 0.64 annual acre feet. <br />Under the jeopardy standard, individual water projects undergoing ESA consultation must <br />avoid or fully offset all project depletions to FWS instream flow recommendations for the Platte <br />River in the same amount, timing, duration and frequency in which they occur. Land acquisition and <br />a sediment augmentation component may also be a required component of mitigation for federal <br />authorizations that do not have the benefit of a recovery program. Fulfillment of these requirements <br />may, for some projects, simply not be possible. For many others, these reyuirements have delayed <br />permitting and compromised water yield and cost-effectiveness of the projects.