1. Flow 2008 Don Kraus, P.E., General Manager The Central Nebraska Public Power and Irrigation District

2. Central’s Hydro-Irrigation Project Lake McConaughy South Platte River North Platte River Supply Canal Phelps Canal E65 Canal E67 Canal Platte River Gosper Phelps Kearney Area in Nebraska Shown Above Central Facilities Central Irrigated Area NPPD Facilities Other Irrigation Canals

3.  Expiration of 50-year license in 1987  Relicensing goal: balancing interests ◦ Recreation ◦ Environmental ◦ Irrigation ◦ Hydroelectric power  ESA recommendations, including instream flows not subject to balancing

4.  Studies -– environmental impacts and instream flow needs  Interveners ◦ Alternative studies, legal action  Interim license conditions  Impasse and delay at FERC

5.  Basin negotiations ◦ Negotiations among Neb., Col., Wyo., and DOI to develop a basinwide approach to resolve ESA issues, including instream flows. ◦ Cooperative Agreement, 1997  FERC settlement based on development of a basinwide ESA program.  New FERC license, 1998

6.  Platte River Recovery & Implementation Program ◦ Governance Committee: Three states, DOI, USBR, wildlife conservation groups and water-users ◦ Incremental approach ◦ “Adaptive management” research; peer-reviewed studies ◦ Offset new streamflow depletions in each state after July 1, 1997 ◦ Provide for future water development ◦ Reduce shortages to target flows by 130,000 a-f ◦ Provide 10,000 acres of habitat

7.  No instream flow process required  “Environmental Account” dedicated for ESA purposes established in Lake McConaughy  FWS manages EA  Central contributes 10% of inflows each year  “Program” water from upstream states managed in the EA  Central’s releases for generation purposes tiered with higher releases during “wet” years and lower releases during “dry” years

8.  Start early on a basinwide approach ◦ FERC now encourages settlement discussions ◦ Defer expenses on litigation and some studies  Difficult to implement changes in state laws ◦ Program requires depletions to stream flows by groundwater pumping to be offset after 1997 ◦ Contributions to EA should have been adjusted until protections were in place