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TAB 2B

WYOMING'S PLAN FOR FUTURE DEPLETIONS

I. DURING THE TERM OF THE COOPERATIVE AGREEMENT

Wyoming will monitor and annually report new water related activities(1) within the Platte River Basin and within its boundaries during the term of the Cooperative Agreement. The report will include new water related activities, whether or not those new water related activities could adversely affect the quantity or timing of flows reaching the associated habitats in the central Platte. Wyoming will work with the other signatories to complete the "Tracking/Accounting Procedure for Determining Depletion/Accretion Impacts for the Three Program Water Projects and New Water-related Activities, including Water Conservation/Supply Projects" (Depletion Impact Analysis), as detailed in the Milestones for the Cooperative Agreement, so that by the end of the term of the Cooperative Agreement, decisions can be made by the Governance Committee about which new water related activities cause such a depletion in the flows in the habitat area as to require mitigation. This Depletion Impact Analysis will include a determination about which ground water is to be considered hydrologically connected and therefore subject to mitigation requirements.

Wyoming will also use the term of the Cooperative Agreement to decide how to meet its obligations to mitigate or offset the impacts at the Wyoming/Nebraska stateline of any new water-related activities which adversely affect the target flows and which occur during the term of the Cooperative Agreement. During the same time, Wyoming will decide how to prevent or mitigate the impact of new water related activities which cause adverse effects on such flows after the initiation of the Program. Options to accomplish both these objectives will be selected and will be readied for implementation if a Program is initiated. For both objectives, the possible options include, without limitation, depletion fees for deminimis uses, water right transfers, ground water recharge projects, release of water from existing reservoirs, or other means specific to each new water related activity.

II. PROPOSED PROGRAM

If a Program is initiated, Wyoming will implement the measures selected by it during the term of the Cooperative Agreement to mitigate or offset the impacts at the Wyoming/Nebraska stateline of any new water related activities which occur during the term of that agreement. Wyoming will also implement measures selected and concurred in by the Governance Committee to prevent or mitigate for any new water related activities that are proposed or occur after a Program begins, to the extent that such new water related activities would adversely affect target flows in the habitat area. For both objectives, any legislation necessary will be introduced in the first year after a Program is initiated, will be enacted no later than the end of the second year, and will be implemented no later than the end of the third year.

III. MILESTONES PERTAINING TO WYOMING'S PLAN FOR FUTURE DEPLETIONS

A. Year 1

1. Implement the measures selected during the term of the Cooperative Agreement to mitigate or offset the impacts at the Wyoming/Nebraska stateline of any new water related activities which occur during the term of that agreement. Introduce legislation if necessary.

2. Implement measures selected to prevent or mitigate for any new water related activities which are proposed or occur after a Program begins and would adversely affect target flows in the habitat area. Introduce legislation if necessary.

B. Year 2

1. Enact approved legislation that may be necessary to accomplish the objectives noted in Year 1.

C. Year 3

1. Implement approved legislation that may be necessary to accomplish the objectives noted in Year 1.

1. New water related activities are new surface water or hydrologically connected ground water activities including both new projects and expansion of existing projects, excluding the Pathfinder Modification Project, both those subject to and not subject to Section 7(a)2 of the ESA, which could affect the quantity or timing of water reaching the "associated habitats", as defined by the Cooperative Agreement, and that are implemented after the effective date of the Cooperative Agreement.

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