[Congressional Record (Bound Edition), Volume 153 (2007), Part 4]
[Extensions of Remarks]
[Page 6049]
[From the U.S. Government Publishing Office, www.gpo.gov]




    INTRODUCTION OF PLATTE RIVER RECOVERY IMPLEMENTATION LEGISLATION

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                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                         Friday, March 9, 2007

  Mr. UDALL of Colorado. Madam Speaker, I am today introducing 
legislation to authorize the Interior Department to participate in the 
implementation of the Platte River Recovery Implementation Program for 
Endangered Species in the Central and Lower Platte River Basin.
  Its purpose is to continue a cooperative effort involving the Federal 
Government and the States of Colorado, Nebraska, and Wyoming (and other 
entities and groups) aimed at recovery of endangered species in ways 
that will not involve the creation of Federal water rights or requiring 
the grant of water rights to Federal entities. Information about the 
background of the legislation and the program follows:

     Bill to Authorize Platte River Recovery Implementation Program


                               Background

       Since 1997, the States of Nebraska, Colorado, Wyoming have 
     worked with water users, conservation groups and the Interior 
     Department to develop way to allow continued water use and 
     development along the Platte River to comply with the 
     Endangered Species Act.
       In late 2006 the 3 States and the Interior Department 
     signed the final agreement for a basin-wide Recovery Program 
     to benefit three endangered species (interior least tern, 
     whooping crane, and pallid sturgeon) and one threatened 
     species (piping plover) referred to as the ``target 
     species.'' The Federal government is to pay half the cost--
     and the bill would authorize appropriation of those federal 
     funds. The total authorization would be $157.14 million plus 
     any needed inflation adjustments.


                            Recovery Program

       The Program is designed to secure defined benefits for the 
     target species and their associated habitats while also 
     providing ESA compliance for existing and certain new water-
     related activities in the Platte River basin. It is to be 
     incremental, with the First Increment coming over the next 13 
     years. It would be implemented by a Governance Committee with 
     membership including representatives of the three states, the 
     Interior Department, water users, and environmental groups.
       While the Program is designed to provide ESA compliance for 
     existing and certain new water related activities throughout 
     the Platte River basin upstream of the confluence of the 
     Platte and the Loup Rivers (in Nebraska), the land 
     acquisition and management for the target bird species will 
     occur in the central Platte River region (Lexington to 
     Chapman, Nebraska), and Program water activities would be 
     designed to provide benefits for the target bird species in 
     the central Platte River region and for the pallid sturgeon 
     in the lower Platte River region (below the confluence with 
     the Elkhorn River).


                        Elements of the Program

       The Program has three main elements: (1) increasing stream 
     flows in the central Platte River during relevant time 
     periods through retiming and water conservation/supply 
     projects; (2) enhancing, restoring and protecting habitat 
     lands for the target bird species; and (3) accommodating 
     certain new water related activities. It will achieve these 
     results through an adaptive management approach employing 
     scientific monitoring and research to evaluate the management 
     actions and species habitat needs. These elements will be 
     implemented according to underlying principles that require 
     interests in land to be acquired only from willing 
     participants and avoid increasing tax burdens to local 
     citizens by paying taxes or their equivalent on Program 
     lands. Program lands will be held by a land holding entity 
     (rather than by the federal or state governments) and will be 
     managed under a ``good neighbor'' policy.


                                 Water

       The Program's long-term objective for water is to provide 
     sufficient water to and through the central Platte River 
     habitat area to assist in improving and maintaining habitat 
     for the target species using incentive based water projects. 
     During the First Increment (13 years) the Program's objective 
     is to retime and improve flows in the central Platte River to 
     reduce shortages to target flows by an average of 130,000 to 
     150,000 acre-feet per year at Grand Island.


                                  Land

       During the First Increment, the Program's objective is to 
     protect, restore, and maintain 10,000 acres of habitat. The 
     Program's long-term objective for land is to acquire land 
     interests, restore where appropriate, and maintain and manage 
     approximately 29,000 acres of suitable habitat along the 
     central Platte River between Lexington and Chapman, Nebraska. 
     Land acquired during the Program's First Increment will be 
     credited to this long-term objective as will certain lands 
     that meet criteria established by the Governance Committee 
     but are managed by other entities such as environmental 
     organizations or utility and irrigation districts.


          Future Water Development Projects and New Depletions

       One Program purpose is to mitigate the adverse impacts of 
     certain new water related activities through the 
     implementation of state and federal depletions plans. This 
     will allow continued growth and water development to occur in 
     the Platte River basin along with improving conditions for 
     the target species.

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