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:
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 |
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