Attachment H
	Environmental Committment Plan(ECP)

Based on the analysis documented in the draft environmental assessment (DEA), public comments received, and consultation with the Service, other agencies, and the affected irrigation districts, Reclamation has identified the following measures which would serve to improve environmental conditions and/or reduce adverse environmental effects which otherwise may result from implementation of the proposed action and alternatives:

Water Conservation and Environmental Commitments and Monitoring

Each District will:

• Establish a revolving water conservation fund to be utilized for costs associated with water conservation program activities;
• Continue to season canals with high stream flows or flood waters to reduce canal losses and control the growth of vegetation, when permitted by Reclamation's Contracting Officer;
• Continue to upgrade on-farm irrigation facilities by improving turnout locations, installing meters, assisting with buried pipe projects to allow use of gated pipe or center pivots, and implementing other new technology;
• Continue to work with Reclamation to evaluate and implement computer software and other new technology to improve water scheduling and accounting;
• Continue and/or improve existing policies and practices that further water conservation goals; provide educational opportunities for District employees such as canal operations training, water use seminars, etc.; and work with District irrigators to improve on-farm efficiencies; and
• Provide for proper accounting for all water deliveries and operational waste within 5 years. It is the goal of the Districts to increase delivery efficiency by 6 percent for Kirwin Irrigation District and 9 percent for Webster Irrigation District and to increase collective on-farm efficiency by 5 percent.

Specific Environmental Enhancement Measures to be Incorporated into the Districts' Operating Plans

Each district will:

• Install or create better screening devices to prevent passage of fish, crayfish, and other aquatic organisms into turnouts and lateral systems;
• Establish policies to preserve reservoir surface levels;
• Provide Reclamation with an annual report of prior-year environmental activities and/or accomplishments before July 1^st of each year;
• Cooperate with Reclamation and others to improve fish and wildlife habitat and recreation access at the reservoirs. If requested, the Districts shall annually furnish labor for work coordinated through Reclamation during the fall of the year. In lieu of labor, the Districts may furnish machinery and an operator; and
• If requested, the Districts agree to cooperate with Reclamation in the implementation of an adaptive management process for selenium.
• Each District will provide 7 man-days of labor in the fall subsequent to the irrigation season or in lieu thereof, furnish a District owned machine and operator for 3 days, to improve fish and wildlife habitat and recreational access at each of the reservoirs.

Specific ESA Environmental Commitments and Monitoring

• A first-year plan will be developed during the 2002 least tern breeding season, adopted through mutual agreement between the FWS and Reclamation, that specifies the terms and conditions that will be implemented during 2002 to minimize destruction of active least tern nests from fluctuating water levels in Kirwin Reservoir. A long-term plan will also be developed during 2002 and will be ready for implementation at the beginning of the 2003 least tern breeding season that will attempt to avoid destroying any active least tern nests from fluctuating water levels in Kirwin Reservoir.
• Reclamation will cooperate with and assist Kirwin National Wildlife Refuge staff in monitoring least tern activity at Kirwin Reservoir each year that suitable habitat is available beginning on or about April 15 and continuing through at least July 15. Nesting activity will be recorded and will include nest location, nest elevation, and height above water level and will follow through to the ultimate fate of each nest.
• Reclamation will cooperate with the FWS and Omaha District of the Corps of Engineers to provide an individual trained in the protocol for moving active least tern nests in the event such nests are threatened with inundation.
• Reclamation will cooperate with the FWS and Omaha District of the Corps of Engineers to make provisions to be able to remove viable least tern eggs and/or live young from nests determined to be impossible to salvage from rising water levels and/or wave action and to arrange for transportation of such eggs and/or young to a certified Corps of Engineers' incubation facility.
• Reclamation will install gated barriers that will be closed to preclude all vehicle traffic along the upstream face of Kirwin Dam or at other suitable locations under Reclamation management jurisdiction if least terns are observed present and engaged in either courtship or nesting behavior.
• Reclamation will cooperate with Kirwin National Wildlife Refuge staff to install signs along the gated barriers and at other appropriate locations to inform recreational users of the presence of nesting endangered least terns along with the legal consequences associated with intentional disturbance.
• If least terns establish nesting territories at any location that can be accessed by foot, Reclamation will cooperate with Kirwin National Wildlife Refuge staff to install signs that prohibit unauthorized pedestrian traffic into an area at least 100 yards in any direction from active nests. Signs will be installed such that the top edge of the sign protrudes above the top edge of the post to which it is affixed to discourage American kestrels from perching.
• If appropriate, Reclamation will cooperate with Kirwin National Wildlife Refuge staff to install signed buoys in Kirwin Reservoir to prohibit boat traffic within at least 100 yards of any established least tern nest.
• If the level of incidental take authorized in the Incidental Take Statement is exceeded, Reclamation will immediately provide the FWS an explanation of the causes of the taking and review with the FWS the need for possible modification of the reasonable and prudent measures.