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Ground Water Commission Meeting Minutes Page 3 <br /> May 16, 2025 <br /> owners who are unwilling to sell their land. The Colorado landowners have retained <br /> an Attorney that has been in contact with the State of Nebraska, noting some <br /> problematic issues with the proposal. To date, there have been no public filings for <br /> the project under Section 404 of the Clean Water Act. Ms. Kosloff noted that an <br /> environmental impact statement will be required for the project. Ms. Kosloff then <br /> provided some background related to the compact itself and how the proposed canal <br /> water rights would be administered. Under the compact, the South Platte River is <br /> divided into an upper and lower section, with the Lower Section being Water District <br /> 64. The 500 CFS Perkins County Canal call would be administered similarly to other <br /> irrigators in Water District 64. If the flow at the Perkins County Canal headgate is <br /> below 500 CFS, DWR would curtail water users with rights that are junior to the 1921 <br /> priority date within Water District 64. Only water users in Water District 64 would be <br /> curtailed, so the canal primarily affects the Lower Section of the river. Wintertime <br /> diversions through the canal would likely impact augmentation projects for wells <br /> pumping in the Lower Section, and would limit water available for endangered species <br /> conservation projects. Colorado water users may respond to the canal operation by <br /> moving forward with water recharge projects that are upstream of Water District 64. <br /> Ms. Kosloff concluded her statements by letting the Commission know the State of <br /> Colorado will continue to work with the State of Nebraska to make sure the impacts <br /> and concerns related to the canal are discussed between the two states. <br /> Acting Chairman Noble then asked Ms. Kosloff is she knew what the proposed timeline <br /> is for the construction of the canal. <br /> Ms. Kosloff responded that she believes Nebraska will plan on undertaking the NEPA <br /> process soon, and has completed some of the project design. <br /> Acting Chairman Noble asked if the canal would receive a Colorado Water Court <br /> decree. <br /> Ms. Kosloff responded that it is unknown if a Colorado Water Court decree would be <br /> required for the project. <br /> Commissioner Payne asked how the canal would operate with respect to Endangered <br /> Species Act requirements. <br /> Ms. Kosloff responded that it is unclear how the canal would impact water deliveries <br /> for endangered species. <br /> Mr. Pearson added that State agencies expect to be involved in evaluating <br /> environmental impacts associated with the canal. <br /> Acting Chairman Noble called for agenda item no. 5, Commissioners' reports <br />