COOPERATIVE AGREEMENT FOR PLATTE RIVER RESEARCH
AND OTHER EFFORTS RELATING TO ENDANGERED SPECIES HABITATS
ALONG THE CENTRAL PLATTE RIVER, NEBRASKA
ATTACHMENT I
MILESTONES FOR THE COOPERATIVE AGREEMENT
YEAR 1 OF THE COOPERATIVE AGREEMENT
Research Measures
R1-1 The U.S. Fish and Wildlife Service ("FWS")(1) will document the habitat and species conditions existing in the Central Platte River region as of the effective date of the Cooperative Agreement to compare against future changes/improvements in habitat and species status.
R2-1 A technical committee appointed by the Governance Committee will develop protocols for and initiate habitat and species monitoring and research.
R3-1 FWS will develop procedures to determine the means of ascertaining biological response of species and habitat to mitigation measures, and the time frame required to measure such biological response.
R4-1 A technical committee appointed by the Governance Committee will establish guidelines and procedures for peer review of the documents required in Milestones R1-1, R2-1, and R3-1. This committee will develop and implement a peer review work plan for the period of the Cooperative Agreement.
R5-1 The Nebraska Districts(2) will implement any research and monitoring measures required by new FERC license articles for FERC Projects Nos. 1417 and 1835.
Land Measures
L1-1 The Governance Committee will establish a Land Committee with appropriate representation, including private land owners, and establish roles and responsibilities for the Committee to directly oversee land rights acquisition and management.
L2-1 The Land Committee will develop criteria and guidelines for future habitat protection, restoration and acquisition under a Program, and will develop and implement processes/mechanisms/procedures as appropriate to acquire, administer, restore, and manage any land or habitat (wet meadows, channel, etc.) provided for wildlife for incorporation into or protection under a Program. Measures will include identification and evaluation of potential habitat areas; an evaluation of past and/or ongoing habitat management practices; and identification and evaluation of potential alternative habitat management methods. The Committee will also develop a process for acquisition, oversight and continued protection of land interests, including the reversion of or protection of land interests if a Program fails.
L3-1 The Nebraska Districts will implement any habitat measures required by new FERC license articles for FERC Projects Nos. 1417 and 1835.
L4-1 The Governance Committee (or the Land Committee if so designated) will begin to identify and evaluate beneficial and adverse impacts to third parties, including net changes in tax revenue resulting from the protection of land as endangered species habitat.
L5-1 The Governance Committee will develop and implement a financial agreement for the collection and expenditure of funds collected pursuant to the Cooperative Agreement or collected pursuant to biological opinions for existing water projects and for new water depletions. The Committee will also establish and implement criteria for the expenditure of such funds for habitat protection and restoration.
Water Measures
W1-1 The Governance Committee will establish the Water Management Committee and direct it to develop a Scope of Work for a Water Conservation/Supply Reconnaissance Study as outlined in Attachment II of the Cooperative Agreement. The Scope of Work will indicate that the consultant is to use the data and information developed by the Water Management Committee pursuant to Milestones W14-1 and W11-2 to conduct the analysis. Once the Scope of Work is approved by the Governance Committee, the Water Management Committee will be directed to engage the services of a competent hydrologic engineering entity through a competitive bid process, and thereby initiate the Study. The Governance Committee, acting through the Water Management Committee, will identify and initiate any demonstration water conservation/supply projects that could be pursued immediately without the benefit of further information to be derived from the study.
W2-1 The Nebraska Districts will implement any water reregulation and water conservation measures required by new FERC license articles for FERC Projects Nos. 1417 and 1835.
W3-1 Nebraska will develop means for protecting Program water deliveries, above the existing flow conditions, to and through the critical habitat and will, in cooperation with the other parties, select pilot projects for potential protection under Nebraska Statute 46-252.
W4-1 Nebraska will develop means for protecting, where appropriate, existing flow conditions in Nebraska by: monitoring and documenting new water related activities in the Platte River Basin in Nebraska upstream of the confluence with the Loup River and, in coordination with the depletion impact analysis described in Milestone W14-1, identifying and beginning to evaluate optional ways to mitigate, offset for, or prevent any new depletions if a Program is initiated.
W5-1 Colorado will develop means, if such are necessary, for protecting Program water deliveries to the Colorado-Nebraska state line and, as appropriate, the Colorado-Wyoming state line.
W6-1 Within six months from the effective date of the Cooperative Agreement, Colorado will provide to the Governance Committee population estimates within the South Platte River Basin in Colorado (in accordance with Att. III, App. A, Tab 3B).
W7-1 Within six months from the effective date of the Cooperative Agreement, Colorado will provide to the Governance Committee an estimate of the expected population increase within the South Platte River Basin in Colorado for the period ending five years from the effective date of the Cooperative Agreement (in accordance with Att. III, App. A, Tab 3B).
W8-1 Within six months from the effective date of the Cooperative Agreement, Colorado will recommend to the Governance Committee assumptions concerning the monthly distribution of the accretive/depletive effects of sources of supply in accordance with Att. III, App. A, Tab 3B. The Governance Committee will review and verify assumptions concerning the monthly distribution of the accretive/depletive effects of the sources of supply at the end of the first reporting period as provided for in Att. III, App. A, Tab 3B.
W9-1 Within six months from the date the Water Management Committee completes the "Tracking/Accounting Procedure" described in Milestone W14-1, Colorado will provide to the Governance Committee a calculation of the average monthly distribution of the cumulative effect at the state line for anticipated water related activities in the South Platte River Basin in Colorado for the period ending five years from the effective date of the Cooperative Agreement (in accordance with Att. III, App. A, Tab 3B).
W10-1 Colorado will monitor population increase and net change, location and mix of water sources in the South Platte River Basin in Colorado and, within one year of the effective date of the Cooperative Agreement, report such information to the Governance Committee (in accordance with Att. III, App. A, Tab 3B).
W11-1 Colorado will elect which option it will undertake for new water related activities in the North Platte River Basin in Colorado as provided in Att. III, App. A, Tab 3B.
W12-1 Wyoming will develop means, if such are necessary, for protecting Program water deliveries to the Wyoming-Nebraska state line.
W13-1 Wyoming will develop means for protecting existing flow conditions in Wyoming by: monitoring and annually reporting new water related activities in the North Platte River Basin in Wyoming within its boundaries; and, using the procedures and methodologies developed pursuant to Milestone W14-1, analyzing means of offsetting such depletions if a Program is implemented.
W14-1 The Governance Committee (or the Water Management Committee if so designated) will begin developing a "Tracking/Accounting Procedure for Determining Depletion/Accretion Impacts for the Three Program Water Projects and New Water Related Activities, Including Water Conservation/Supply Projects." This procedure will include:
determination of lag and gain/loss factors, and an associated verification monitoring network, for use in determining how the distance of depletions from and accretions to the river affect flow conditions in the associated habitats and at the state lines;
definition of hydrologically connected groundwater for the purpose of determining the effects of wells on flow conditions in the associated habitats;
using existing flow conditions, lag and loss/gain factors, and the definition of hydrologically connected groundwater, determination of opportunities for additional water development, including conservation/supply projects, that will not adversely affect relevant flow characteristics at the state lines and in the associated habitats; and
development of an accounting system, including water accounting procedures and supporting data requirements, for tracking water contributions to the Program and the net depletive or accretive effects of new water related activities, including new wells in Nebraska and Wyoming and water conservation/supply projects as may be identified by the water conservation/supply consultant. Unless Nebraska or Wyoming proposes, and the signatories accept, a surrogate process for determining and preventing new water related activities from increasing shortages to target flows, the data requirements for the accounting system will include information on new and expanded wells in Nebraska and Wyoming above and through the associated habitats that are determined to be hydrologically connected, in accordance with this milestone, to the Platte River. Information will include: location (quarter section, township, range); pumping rate/capacity; type of application (flood, sprinkler or other); acres irrigated by the well; total annual amount of water pumped; use of the water (irrigation/crops grown, municipal, industrial, other); and the date of commencement of the new water related activity. This information is to be provided no later than the third year of the Cooperative Agreement period and, if a Program is implemented, continuing on an annual basis thereafter.
W15-1 A technical committee appointed by the Governance Committee will establish guidelines and procedures for peer review of the procedures and methodologies developed pursuant to Milestone W14-1. This committee will develop and implement a peer review work plan for the period of the Cooperative Agreement.
W16-1 The Governance Committee (or the Water Management Committee if so designated) will work with individual signatories to identify institutional constraints, if any, on making water available to the Program, and develop a plan with each state as necessary that sets forth how the state will address the identified constraints under state law.
W17-1 As set forth in Paragraph VIII.A.5 of the Cooperative Agreement, the FWS will request the National Fish and Wildlife Foundation ("Foundation") to expend funds collected and held by the Foundation for flow augmentation pursuant to biological opinions for existing water related activities and new small depletions in the state in which such activity occurs. The Governance Committee will establish and implement any other appropriate criteria for the expenditure of such funds.
Program Development Measures
P1-1 Department of the Interior ("DOI") will initiate programmatic NEPA compliance for a basin-wide Program as contemplated by the Cooperative Agreement.
P2-1 FWS in cooperation with the Governance Committee will begin efforts to assess if activities to enhance flow conditions in the Big Bend reach of the Platte River undertaken under the proposed Program alternative will increase the likelihood for recovery of the pallid sturgeon in lower reaches of the Platte River.
P3-1 The Governance Committee will identify, after receiving recommendations from FWS, milestones for the first increment of the proposed alternative, which will be used to determine if the proposed alternative is serving as the reasonable and prudent alternative.
P4-1 DOI, in consultation with the Governance Committee, will develop a plan for conducting NEPA review including a detailed description of the data and information needs required from all parties and a detailed schedule for implementation, and will implement the process.
P5-1 The signatories will provide information and data identified in Milestone P4-1 as necessary to implement the NEPA analysis.
Administration
A1-1 The Governance Committee will be formed within 45 days of the execution of the Cooperative Agreement and will in turn establish and implement the administrative processes necessary for carrying out the provisions of the Cooperative Agreement, including: establishing required committees and task forces; entering into a financial agreement for administration of funds; and, if necessary, selecting an executive director.
A2-1 The Governance Committee will develop a plan and program to involve the public and local governments in activities under this Cooperative Agreement.
A3-1 Colorado, Wyoming and Nebraska will each contribute $100,000 each year to fund the water conservation/supply activities to be undertaken during the term of the Cooperative Agreement. In addition, the signatories will provide cash contributions (or, as agreed to by the Governance Committee, cash equivalents), subject to appropriations, to fund the cost of various projects and programs undertaken during the term of the Cooperative Agreement as follows:(3)
Year 1 Year 2 Year 3
Colorado $200,000 $200,000 $200,000
Wyoming $100,000 $100,000 $100,000
Nebraska $100,000 $150,000 $150,000
DOI $2,500,000 $2,500,000 $2,500,000
A4-1 At year end, the Governance Committee will assess accomplishments, implement measures to correct any shortfalls, and evaluate and adjust future year milestones accordingly.
YEAR 2 OF THE COOPERATIVE AGREEMENT
Research Measures
R1-2 A technical committee will continue monitoring to document, relative to the habitat and species conditions that existed as of the effective date of the Cooperative Agreement, habitat and species responses to activities undertaken pursuant to the Cooperative Agreement.
R2-2 A technical committee will continue to develop and implement procedures for peer review of habitat and species monitoring and research.
R3-2 The Nebraska Districts will continue to implement any research and monitoring measures required by new FERC license articles for FERC Projects No. 1417 and 1835.
Land Measures
L1-2 The Nebraska Districts will continue to implement any habitat measures required by new FERC license articles for FERC Projects No. 1417 and 1835.
L2-2 The Governance Committee (or the Land Committee if so designated) will continue to identify and evaluate methods for acquiring, restoring and protecting lands and will continue to identify and evaluate beneficial and adverse impacts to third parties, including net changes in tax revenue resulting from the protection of land as endangered species habitat.
L3-2 The Land Committee will develop: a strategy for acquiring and protecting land in habitat complexes in conjunction with other managed lands; a protocol for determining existing conditions for land or land rights acquired for management; a protocol for developing management plans; and a protocol for monitoring habitat values on managed lands.
Water Measures
W1-2 The consultant will complete the Water Conservation/Supply Reconnaissance Study and submit it to the Governance Committee and Water Management Committee for evaluation. With guidance from the Governance Committee, the Water Management Committee will determine and initiate a process for the development of the Water Conservation/Supply Action Plan to be incorporated in the proposed alternative.
W2-2 The Nebraska Districts will continue to implement any water reregulation and water conservation measures required by new FERC license articles for FERC Projects Nos. 1417 and 1835.
W3-2 Nebraska will continue to develop means for protecting Program water deliveries, above the existing flow conditions, to and through the critical habitat and will, in cooperation with the other parties, process application(s) for selected Nebraska Statute 46-252 pilot projects.
W4-2 Nebraska will continue to develop means for protecting, where appropriate, existing flow conditions by: continuing monitoring and reporting as outlined in Year 1; continuing evaluation of optional ways to mitigate, offset or prevent new depletions if a Program is initiated; and assessing the effectiveness of then current instream flow appropriations in protecting existing flow conditions.
W5-2 Colorado will continue to develop means, if such are necessary, for protecting Program water deliveries to the Colorado-Nebraska state line and, as appropriate, the Colorado-Wyoming state line.
W6-2 Colorado will continue to monitor population increase and collect other related water use information in the South Platte River Basin in Colorado and report such information to the Governance Committee (in accordance with Att. III, App. A, Tab 3B).
W7-2 Colorado will initiate processes necessary to develop reregulation projects within Colorado as necessary to shift water flows from periods of net accretion to periods of net depletion (in accordance with Att. III, App. A, Tab 3B).
W8-2 If Colorado elects to include new water related activities in the North Platte River Basin in Colorado in the Program, Colorado will complete a proposal to mitigate the net depletive effects of such new water related activities in accordance with the option elected pursuant to Milestone W11-1, including the protection of water deliveries to the Colorado-Wyoming, Colorado-Nebraska, or Wyoming-Nebraska state line, as appropriate.
W9-2 Wyoming will continue to develop means, if such are necessary, for protecting Program water deliveries to the Wyoming-Nebraska state line.
W10-2 Wyoming will continue to develop means for protecting existing flow conditions by: continuing to monitor and annually report on new water and related activities in the Platte River Basin in Wyoming within its borders; and continuing to analyze means of offsetting such depletions if the Program is implemented.
W11-2 The Governance Committee (or the Water Management Committee if so designated) will complete the "Tracking/Accounting Procedure" described in Milestone W14-1. The Committee will also take steps as necessary to ensure consistency, as appropriate in light of Att. III, App. A, Tabs 1, 2 and 3, in the application of the information, data, and methodologies in all relevant aspects of Program development and implementation, including the Water Conservation/Supply Reconnaissance Study and various actions by each state to provide and account for water to meet Program goals.
W12-2 The states, through the Governance Committee, will continue to identify and take action to resolve institutional constraints on making water available to the Program.
Program Development Measures
P1-2 DOI will continue NEPA compliance for the Program and will issue a draft environmental impact statement with preferred alternative by the end of year 2 of the Cooperative Agreement.
P2-2 FWS will continue efforts to assess if activities to enhance flow conditions in the Big Bend reach of the Platte River undertaken under the proposed alternative will increase the likelihood for recovery of the pallid sturgeon in lower reaches of the Platte River.
P3-2 The signatories will continue to provide information and data identified in Milestone P4-1 as necessary to implement the NEPA analysis.
Administration
A1-2 The Governance Committee will continue to involve the public and local governments in activities under the Cooperative Agreement.
A2-2 Colorado, Wyoming and Nebraska will each contribute $100,000 each year to fund the water conservation/supply activities to be undertaken during the term of the Cooperative Agreement. In addition, the signatories will provide cash contributions (or, as agreed to by the Governance Committee, cash equivalents), subject to appropriations, to fund the cost of various projects and programs undertaken during the term of the Cooperative Agreement as follows:(4)
Year 1 Year 2 Year 3
Colorado $200,000 $200,000 $200,000
Wyoming $100,000 $100,000 $100,000
Nebraska $100,000 $150,000 $150,000
DOI $2,500,000 $2,500,000 $2,500,000
A3-2 At year end, the Governance Committee will assess accomplishments, implement measures to correct any shortfalls, and evaluate and adjust future year milestones accordingly.
YEAR 3 OF THE COOPERATIVE AGREEMENT
Research Measures
R1-3 A technical committee will continue monitoring to document, relative to the habitat and species conditions that existed as of the effective date of the Cooperative Agreement, habitat and species response to activities undertaken pursuant to the Cooperative Agreement.
R2-3 Peer review of habitat and species monitoring and research conducted pursuant to Milestones R1-1, R2-1 and R3-1 will be completed and the results reported to the Governance Committee.
R3-3 The Nebraska Districts will continue to implement any research and monitoring measures required by new FERC license articles for FERC Projects Nos. 1417 and 1835.
Land Measures
L1-3 The Nebraska Districts will continue to implement any habitat measures required by new FERC license articles for FERC Projects Nos. 1417 and 1835.
L2-3 The Governance Committee, after receiving recommendations from the Land Committee, will select methods for acquiring, restoring and protecting lands and, as may be deemed appropriate as a result of the analysis conducted pursuant to Milestones L4-1 and L2-2, for mitigating adverse impacts to third parties, including net changes in tax revenue resulting from the protection of land as endangered species habitat. Nebraska will prepare related legislation as necessary for introduction if the Program is initiated.
Water Measures
W1-3 The consultant or other entity selected by the Water Management Committee will complete the Water Conservation/Supply Action Plan consistent with the Program identified in the NEPA process as the preferred alternative.
W2-3 Nebraska will continue to develop means for protecting Program water deliveries, above the existing flow conditions, to and through the critical habitat and will, in cooperation with the other parties, assess the effectiveness of Nebraska Statute 46-252 in protecting water deliveries and identify any legislative refinements necessary if a Program is initiated.
W3-3 Nebraska will continue to develop means for protecting, where appropriate, existing flow conditions by: continuing monitoring and reporting as outlined in Year 1; and selecting methods for mitigating, offsetting or preventing new depletions if a Program is initiated and prepare legislation for introduction.
W4-3 The Nebraska Districts will continue to implement any water reregulation and water conservation measures required by new FERC license articles for FERC Projects Nos. 1417 and 1835.
W5-3 Colorado will continue to develop means, if such are necessary, for protecting Program water deliveries to the Colorado-Nebraska state line and, as appropriate, the Colorado-Wyoming state line.
W6-3 Colorado will continue to monitor population increase and collect other related water use information in the South Platte River Basin in Colorado and report such information to the Governance Committee (in accordance with Att. III, App. A, Tab 3B).
W7-3 Colorado will continue to pursue processes necessary to develop reregulation projects within Colorado as necessary to shift water flows from periods of net accretion to periods of net depletion (in accordance with Att. III, App. A, Tab 3B).
W8-3 If Colorado elects to include new water related activities in the North Platte River Basin in Colorado in the Program, Colorado will initiate the processes necessary to implement the proposal developed pursuant to Milestone W8-2.
W9-3 Wyoming will continue to develop means, if such are necessary, for protecting Program water deliveries to the Wyoming-Nebraska state line.
W10-3 Wyoming will continue to develop means for protecting existing flow conditions by: continuing to monitor and annually report on new water related activities in the Platte River Basin in Wyoming within its borders; and continuing to analyze means of offsetting such depletions if a Program is implemented.
W11-3 At the direction of the Governance Committee, the states, the water conservation/supply consultant, and the Water Management Committee, as appropriate, will continue to apply the "Tracking/Accounting Procedure" described in Milestone W14-1.
W12-3 The Governance Committee (or the Water Management Committee if so designated) will implement monitoring networks and procedures for tracking water deliveries and determining existing flow conditions.
W13-3 Peer review of the depletion impact analysis and water monitoring measures under the Cooperative Agreement will be completed and the results reported by the Water Management Committee to the Governance Committee.
W14-3 The states will identify steps as necessary under state law to address institutional constraints on making water available to the preferred alternative, if the signatories agree to this alternative. The states (and if appropriate DOI) will prepare any necessary legislation for introduction if required under the preferred alternative, if the signatories agree to this alternative.
Program Development Measures
P1-3 DOI will complete programmatic section 7 consultation and NEPA compliance for the Program. FWS will develop a biological opinion on the proposed alternative, and if different on the preferred alternative, by the middle of year 3.
P2-3 DOI will issue a Record of Decision and, along with the states, execute an agreement to implement a Program if agreement is reached following the NEPA process.
P3-3 FWS will complete the assessment of the expectation of the preferred alternative to enhance recovery of the pallid sturgeon in lower reaches of the Platte River. If assessment shows a likelihood of direct benefits to the pallid sturgeon, incorporate the pallid sturgeon as a target species for the preferred alternative.
P4-3 If the preferred alternative is different than the proposed alternative, FWS will recommend, for the concurrence of the Governance Committee, revised milestones for determining whether the preferred NEPA alternative is serving as the reasonable and prudent alternative.
Administration
A1-3 The Governance Committee will continue to involve the public and local governments in activities under the Cooperative Agreement, and will develop a plan to involve the public and local governments in activities of the preferred alternative.
A2-3 Colorado, Wyoming and Nebraska will each contribute $100,000 each year to fund the water conservation/supply activities to be undertaken during the term of the Cooperative Agreement. In addition, the signatories will provide cash contributions (or, as agreed to by the Governance Committee, cash equivalents), subject to appropriations, to fund the cost of various projects and programs undertaken during the term of the Cooperative Agreement as follows:(5)
Year 1 Year 2 Year 3
Colorado $200,000 $200,000 $200,000
Wyoming $100,000 $100,000 $100,000
Nebraska $100,000 $150,000 $150,000
DOI $2,500,000 $2,500,000 $2,500,000
A3-3 At year end, the Governance Committee will assess accomplishments, implement measures to correct any shortfalls, and evaluate and adjust future year milestones accordingly.
1. Although specific parties have been assigned responsibility for completing the activities set forth in these Milestones, it is understood that such activities must be completed in cooperation with other interested parties and be reviewed and approved by the Governance Committee.
2. Nebraska Districts refers to the Nebraska Public Power District and the Central Nebraska Public Power and Irrigation District, collectively.
3. Contributions by DOI will include the direct costs of conducting a programmatic environmental impact statement and ESA consultation on the Program. Estimated cost including reviews and revisions is between $3.0 and $5.0 million. Contributions by the states will include their costs in providing information and data requested by DOI for NEPA review and ESA consultation. The remaining state and federal funds will be available for implementation of research, analysis, and other measures that will benefit the target species and the associated habitats, as set forth in these Milestones for the Cooperative Agreement. It is anticipated that the combined cash and non-cash contributions from the non-federal parties will be equal to the DOI share for all three years.
4. See footnote to Milestone A3-1.
5. At year end, the Governance Committee will assess accomplishments, implement measures to correct any shortfalls, and evaluate and adjust future year milestones accordingly.