Requirements* |
Date of Requirement |
* Art = Article Number;
O = Order; App = Approved; F = Filing; Supp = Supplement;
EOT = Extension of Time; C = OEP-IT Code; 18CFR = Title 18
Code of Federal Regulations; UP = Updated
No follow-up actions are required. |
| Part 8 CFR - Recreational signs in place (C 109) |
O: 7-1-98 |
| Part 12 CFR -
Public Safety Plan (C111) |
UP: 11-4-94 |
| Article 8 requires that the licensee install and maintain
gages and stream gaging stations as required by the Commission
and in cooperation with the USGS. (C 17) |
O: 7-1-98 |
| Article 13 requires that the licensee, after notice and opportunity
for hearing, permit reasonable development use by third parties
of the reservoir, project works, lands, and water rights, as
ordered by the Commission (C202) |
O: 7-1-98 |
| Article 15 requires that for the conservation and development
of fish and wildlife resources, after notice and opportunity
for hearing, the licensee construct, maintain, and operate,
or arrange for the construction, maintenance, and operation
of such reasonable facilities, and comply with such reasonable
modifications of the project structures and operation as may
be ordered by the Commission upon its own motion or upon the
recommendation of the Secretary of the Interior or the fish
and wildlife agency or agencies of any state in which project
lands are located. (C71) |
O: 7-1-98 |
| Article 16 requires that the licensee
allow the United States to construct fish and wildlife facilities,
or to improve existing ones at its own expense. After
notice and opportunity for hearing, the licensee shall reasonably
modify its operation to allow the United States to maintain
and operate such facilities, as detailed in the article.
(C 72) |
O: 7-1-98 |
| Article 17 requires the licensee to construct, maintain,
and operate, or to arrange for the construction, maintenance,
and operation of such reasonable recreational facilities as
access roads, wharves, launching ramps, beaches, picnic and
camping areas, sanitary facilities, and utilities, giving consideration
to the needs of the handicapped, as may be prescribed by the
Commission, or other agencies, as detailed in the article.
(C110) |
O: 7-1-98 |
| Article 18 requires the licensee to
allow the public free access, to a reasonable extent for
the purpose of full public utilization, within the proper
operation of the project, for navigation and recreational
purposes, including hunting and fishing. The licensee
may reserve from public access certain portions of the project
to protect health, life and property, as detailed in the
article. (C 110) |
O: 7-1-98 |
| Article 19 requires that the licensee be responsible for
and take reasonable measures to prevent soil erosion, sedimentation,
and forms of air and water pollution in the construction, maintenance,
or operation of the project, as detailed in the article. (C
120) |
O: 7-1-98 |
| Article 20 requires that the licensee keep the reservoir
area clear, and dispose of all temporary structures, timber,
dead trees, brush, and refuse to the satisfaction of the authorized
representative of the Commission and in accordance with the
regulations. (C 174) |
O:7-1-98 |
| Article 21 requires that the licensee
dispose of dredged and excavated materials in such a way
as to protect the environmental values and not interfere
with land and water traffic. Dredging
and filling in a navigable waterway must be done to the satisfaction
of the District Engineer, U.S. Army Corps of Engineers. (C
120) |
O: 7-1-98 |
| Article 25 requires that the licensee construct, maintain,
and operate at its own expense such lights and other signals
for the protection of navigation as may be directed by the
Coast Guard authority, as detailed in the article. (C 218) |
O: 7-1-98 |
| Articles 400
through 403 address contributing to and storing
water in the Environmental Account at Lake McConaughy. |
|
| Article 400 requires that effective Oct. 1, 1999, and consistent
with Exhibit X, at the end of each month from October through
April, CNPPID shall contribute a volume of water equal to 10
percent of that month's storable natural inflows into Lake
McConaughy, as defined by Section II.B of Exhibit X, to an
Environmental Account, except in any year that Article 401
provides for contributing a different amount, with total contributions
not to exceed 100,000 acre feet in any October through April
period, as detailed in the article, and any amendments. (C
34) |
O: 7-1-98 |
| Article 401 requires that in the event that the Cooperative
Agreement fails (a signatory withdraws from the Cooperative
Agreement, the Cooperative Agreement terminates and a Program
is not adopted or activities under the Cooperative Agreement
are not adequately completed and the situation cannot be remedied
through the Cooperative Agreement's Governance Committee, or
by the Governors and Secretary of the Interior), for the first
three full October 1st to Sept. 30 water years after such event,
CNPPID shall use a certain method (detailed in the article)
to determine the contribution of water to the Environmental
Account in lieu of contribution equal to 10 percent of monthly
storable natural inflows from October through April, as required
by Article 400, as detailed in the article, and any amendments.
(C 34) |
O: 7-1-98 |
| Article 402 requires that, in coordination
with the Governance Committee, CNPPID make an estimate of
the net controllable conserved water which is attributable
to certain conservation projects implemented in fulfillment
of an agreement with the National Wildlife Federation in
settlement of water rights dispute, as detailed in the article. Depending on the
funding source of the conservation project, the net controllable
conserved water will be added to the Environmental
Account managed by USF&WS in Lake McConaughy, or offered at cost
to the basin-wide Platte River Recovery Implementation Program
(now in development) which would then also add the water to
the Environmental Account. (C 34) |
O: 7-1-98; Req EOT: 10-06-00; F: 10-10-00; App: 11-14-00;
F: 7-14-03 |
Article 403 requires thata effective October 1, 1999, with
the concurrence of the Nebraska Dept. of Water Resources (NDWR),
regarding the amount, CNPPID shall pass through or store water
in the Environmental Account (EA) from upstream re-regulation
projects or water conservation supply projects approved by
the Governance Committee as part of a Program, provided that:
1. If storage is sought in the CNPPID system, space
is available in the EA for such water, and if such water
is attributable to Colorado, storage procedures have
been developed by CNPPID, Colorado and NPPD (Project No.
1835), and approved by the Governance Committee;
2. Such water is the result of management and operation
of the upstream project and is not included in the flow
characteristics of the North Platte, South Platte, or Platte
Rivers, which are available under conditions existing as
of the signing of the Cooperative Agreement, as such characteristics
are defined by the Governance Committee or the Cooperative
Agreement; and
3. If such water is derived from a water conservation/supply
project, it is net quantifiable conserved water and an
operational agreement has been reached.
Consistent with Exhibit X, for so long as there is a Program,
CNPPID shall store or pass through water pursuant to this
article quantities determined under accounting systems developed
by the Governance Committee in cooperation with Colorado
or Wyoming, as appropriate, and as further detailed in the
article and any amendments. (C 34) |
O: 7-1-98 |
| Article 404 addresses management of the Environmental Account. |
|
Article 404 requires that by October, 1999, and consistent
with Exhibit X and Article 408, CNPPID shall execute a contract
with USF&WS, approved by the Commission as part of the Administrative
Plan adopted pursuant to Article 408, and granting the Environmental
Account Manager designated by USF&WS the authority to request
releases of water from the EA in Lake McConaughy, as detailed
in the article and any amendments.
Consistent with Exhibit X, CNPPID shall release water from
the EA upon a request of the Environmental Account Manager,
including, to the extent reflected in Exhibit X, returning
EA water to the river at the Jeffrey Return rather than transporting
EA water through the canal system, as detailed in the article.
(C 34) |
O: 7-1-98; F: 1-19-01; O: 4-19-01; F: 2-25-02; O: 4-18-02;
F: 2-24-03; O: 4-9-03; F: 1-16-04; F: 1-19-05 |
Articles 405 through
408 address operating rules of the project.
|
|
| Article 405 requires that after consultation
and coordination with NPPD, USF&WS, and NGPC, CNPPID will file a Joint
Wildlife Monitoring Plan with NPPD, describing how the licensees will
monitor threatened and endangered species and their habitats
on lands acquired by the licensees to satisfy license requirements. Monitoring
should focus on collecting information on least terns, piping
plovers, whooping cranes, fish, vegetation, and channel configurations
for these lands. (C 34) |
O: 7-1-98; F: 1-25-99; AP: 5-21-99; F: 11-29-00; F: 3-23-01;
O: 4-5-01; F: 4-17-02; O: 5-20-02; F: 3-24-03; O: 4-15-03;
F: 4-5-04; O: 5-5-04; F: 4-1-05; F: 4-20-05; F: 4-21-05; O:
4-25-05; O: 5-18-05; F: 5-23-05; O: 6-14-05; O: 8-22-05 |
| Article 406, as detailed in the article and any amendments,
requires that in the event that the Cooperative Agreement fails
(a signatory withdraws from the Cooperative Agreement, the
Cooperative Agreement terminates and a Program is not adopted,
or activities under the Cooperative Agreement are not adequately
completed and the situation cannot be remedied through the
Cooperative Agreement's Governance Committee or by the Governors
and Secretary of the Interior), certain methods and amounts
of water flows shall be provided, as detailed in the article
and any amendments. (C 34) |
O: 7-1-98 |
| Article 408 requires that CNPPID, in
coordination with Nebraska Public Power District (NPPD),
USF&WS and the Governance Committee,
file an Administration Plan for managing CNPPID water commitments. The
Administration Plan must include communications protocol and
accounting and record-keeping procedures, as detailed in the
article and any amendments. (C 34) |
O:7-1-98; F: 6-2-99; APP&MOD: 9-23-99;
Req for Plan amend: 3-17-00; O: 4-18-00; Admin Plan amended |
| Article 409 details water rights. (C 34) |
O: 7-1-98 |
| Articles 410
and 411 detail pulse flow enhancements. (C 34) |
O: 7-1-98 |
Articles 412 and
413 detail flow attenuation. Article
412 requires that after consultation with USF&WS and NGPC,
CNPPID will use its best efforts to attenuate increased flows
in the Platte River which might occur because of rejection
of irrigation water due to regional or local weather conditions
during the June 1 to August 15 nesting season of interior
least terns and piping plovers.
The Licensee must develop a Flow
Attenuation Plan. The
Plan must consider, among other things, modifying irrigation
season operations to create limited temporary capacity in
Johnson Lake and increasing deliveries to Rainwater Basin
wetlands which hold valid state water rights, or which acquire
them subsequent to the date of the plan, and which can be
served by the Licensee. (Also see Article
406.) (C
34) |
O: 7-1-98; F: 7-24-00; App: 10-16-00; F: 6-9-04; F: 7-6-04
Supp; O: 7-8-04 |
| Article 417 addresses the provision of wildlife habitat between
Johnson Hydro No. 2 and Chapman, Nebraska. (C 116) |
O: 7-1-98 |
| Article 418 addresses the provision of wildlife habitat between
North Platte, Nebraska and Johnson Hydro No. 2 Return. (C 116) |
O: 7-1-98 |
| CNPPID entered into a lease/purchase
agreement regarding the 4,200 acre Jeffrey
Island (located
in the Platte River) in January, 1999. This lease/purchase
agreement satisfied the requirements of Articles
417 and 418. (C 116) |
F: Interim Plan 12-15-99; F: 1-3-01; F: 2-23-01 Req EOT;
O: 3-2-01 EOT; O: 5-1-01 EOT; F: 5-4-01 Req EOT; F: 7-16-01
Final Plan; O: App 8-21-01; F: 12-14-01; F: 5-30-02; O: 6-27-02;
F: 5-23-03; F: 5-21-04; O: 11-15-04; F: 8-2-05 |
Article 419 requires CNPPID to complete the acquisition
of 500 acres of wet meadow habitat land for sandhill cranes
and other migratory waterfowl along the North Platte River
in the reach between Keystone and North Platte, Nebraska. This
must be done in consultation with USF&WS and NGPC. (C 116)
North Platte River/Kelly Tract/Nature Conservancy |
O: 7-1-98; O: 6-20-00 EOT; Req EOT: 8-25-00; O: EOT 10-11-00;
F: 11-27-00; O: 12-19-00; F: 12-14-01 Nature Conservancy Lands
Plan; O: 3-13-02 |
| Article 420 requires that after consultation
with USF&WS
and NGPC, CNPPID file a Least Tern and
Piping Plover Habitat Management Plan, to manage three nesting sites used by least
terns and piping plovers. These three sites include a
Paulsen sandpit near Cozad, Nebraska; a Paulsen sandpit near
Gothenburg, Nebraska; and a CNPPID site located on project
lands just upstream of the Diversion Dam near the confluence
of the North Platte and South Platte Rivers. (C 34) |
O: 7-1-98; F: 7-29-99; App: 1-14-00; F: 10-24-01; O: 1-11-02;
F: 11-4-02; O: 1-8-03; F: 10-21-03; F: 10-26-04; O: 11-15-04 |
| Articles 421 details the requirements
for the Land and Shoreline Management
Plan. This plan
includes management provisions for the project's land and
shoreline resources, endangered species protection measures,
and recreation planning and procedures. (C 116) |
O: 7-1-98; F:7-28-00; Supp: 8-11-00; Supp: 7-26-02; Supp:
8-6-02; Supp: 9-6-02; Ssupp: 9-11-02; O: App 10-7-02; F: 11-1-02;
O: 11-7-02; O: 12-31-02; F: 1-3-03; F: 1-6-03; F: 1-22-03;
O: 3-4-03; F: 3-6-03; F: 7-16-03; F: 8-15-03; F: 1-20-04; F:
7-1-04; F: 7-16-04; F: 7-19-04; F: 7-21-04; F: 8-4-04; F: 8-24-04
Supp; O: 9-22-04; O: 10-20-04; O: 12-23-04; F: 1-4-05; O: 2-2-05;
F: 6-10-05; F: 7-27-05 |
Article 422 is the Standard
Land Use Article, which gives
the licensee the authority to grant permission for certain
types of use and authority to grant permission for certain
types of use and occupancy of project lands and waters and
to convey certain interests in project lands and waters for
certain types of use and occupancy without prior Commission
approval, as detailed in the article.
CNPPID must file, no later than January 31 of each year,
three copies of a report briefly describing each conveyance
or lease made under Paragraph C during the prior calendar
year. The licensee has complied with this each year.
(C 202) |
O: 7-1-98; F: 1-4-01; F: 1-10-02; O: 5-20-02; F: 8-6-02;
F: 1-22-03; F: 1-16-04; F: 5-13-04; O: 5-13-04; F: 4-14-05;
F: Revised Ex G 8-30-05 |
| Article 423 details the requirements for habitat
and species monitoring. (C 34) |
O: 7-1-98; F: 3-26-01; O: 4-23-01; F: 4-15-02; F: 4-21-05;
O: 8-22-05 |
| Article 424 details public
education programs. (C 113) |
O: 7-1-98; F: 4-12-01; O: 5-1-01; F: 3-20-02; O: 4-30-02;
F: 4-22-03; F: 4-8-04; O: 6-9-04; F: 5-2-05; O: 6-20-05 |
| Article 425 requires that the licensee
implement the "Programmatic Agreement Among the Federal Energy
Regulatory Commission, the Advisory Council on Historic Preservation,
and the Nebraska State Historic Preservation Officer for
Managing Historic Properties That May Be Affected By A License
Issuing To The Central Nebraska Public Power and Irrigation
District For The Kingsley Dam Hydroelectric Power Project,
Project No. 1417", executed on July 17, 1998 including but
not limited to the Cultural Resources
Management Plan for
the project. Other requirements are detailed
in the article. (C 184) |
O: 7-1-98; F: 7-28-99; ACHP: 11-17-99; F: 2-23-01; O: 3-20-01;
F: 2-25-02; F: 2-27-02; O: 3-27-02; O: 10-31-03; F: 11-14-03
NSHS Concurrence; F: 1-28-04; F: 2-20-04; O: 5-13-04; F: 2-11-05;
O: 3-11-05 |
