How Do You Administer a Bird Call?

Sharing the Resource

Conflict: Species Habitat = Need for Water Platte Basin Water Resource is Highly Developed How are Species water needs integrated into this situation?

Bird Call No Water Right Not a part of a compact ESA (Environment Shares Assets)

Issues Working within an existing water rights system –Fully Appropriated –Existing State statutes Interstate Compact / Supreme Court Decree

Future Water Demand

COLORADO’S EXPORT STATUTE No person may divert, carry, or transport any surface or ground water from this state by ditches, canals, pipes, conduits, natural streams, watercourses, or other means without meeting the requirements for obtaining a well permit or…without first obtaining an adjudication from the water court for the right to use water outside the state. An approval by the SEO, GW Commission, or Water Judge must find, among other things that: The proposed use of water outside this state is expressly authorized by interstate compact or is credited as a delivery. The proposed use of water will not deprive the citizens of this state of the beneficial use of waters apportioned to CO by interstate compact.

South Platte River Compact CRS § , Article IV Between April 1 and October 15, Colorado may not permit diversions junior to June, 1897 in the compact’s lower section, to an extent that they will diminish the flow of the river at the interstate station below 120 cfs From October 15 to April 1, Colorado has full and uninterrupted use and benefit of the water flowing within the state

Overton, NE ,650,000 AF/yr ,000 AF/yr ,520,000 AF/yr ?????

J J J MAM F D N OSA 0 k 6 k 4 k 2 k 12 k 10 k 8 k TARGET FLOWS Overton, NE (1979) Grand Island, NE (1979)

Conclusions Can Re-regulate to meet Species needs Annual flow (1,520,000 AF/yr) Target Flows = 1,250,000 AF/yr No Room for New Depletions in Platte River We can Share a Developed Resource if …..

Scientific Process vs. Certainty for Water Supplies

Tensions SCIENCE Limited knowledge about species Disagreement on solutions, management strategies, interpretation More Information More Hypothesis Testing =ADAPTIVE MANAGEMENT WATER MANAGEMENT Provide Water Supplies Definite Plan for Costs Certainty, i.e. Regulatory Compliance = DEFINED CONTRIBUTIONS

Definition of Adaptive Management Adaptive management as described in this Adaptive Management Plan (AMP) is a series of scientifically driven management actions…to test priority hypotheses related to management decisions and actions, and apply the resulting information to improve management.

Basic Premises Uncertainty exists, can never be eliminated, but can be reduced to improve management Decisions must be made despite the uncertainty Monitoring and research required Management decisions will be improved in the future

Agreement SCIENCE Adaptive Management Plan Tests Competing Hypoth. Extensive Monitoring Within Program Resources Not Tied to Compliance GC Agrees to Changes in Management Actions WATER MANAGERS Defined Contributions Provide Resources Offset New Depletions Regulatory Compliance for 13 Years No Unexpected Costs

Conclusions Knowledge can be expanded Competing Hypotheses can be tested, within resource limitations Water users can get some certainty for providing water supplies Costs are known If…