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<br />002557 <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />of water will need to be reregulated for each 100,000 people moving into the Front <br />Range. <br /> <br />The Colorado new development program provides for reporting of water use and <br />population information to the Governance Committee, and the adjustment of Colorado's <br />obligations on five-year increments. <br /> <br />Regulatory Certainty. For existing projects, as long as the goals of the first increment of <br />the program are met and activities are conducted in accordance with program milestones, <br />the program will serve as the reasonable and prudent alternative for all such existing <br />projects. For new water development activities, as long as Colorado complies with the <br />terms of the new development program by reregulating the appropriate amounts of water, <br />the program will serve as the reasonable and prudent alternative for such new <br />development. <br /> <br />Any water user with a new or existing water project may choose to rely on the program as <br />the reasonable and prudent alternative, or may choose to conduct individual compliance <br />with the Endangered Species Act. If the water user relies on the program, the water <br />user's permit will be subject to the terms of the program, including the possible <br />reinitiation of consultation by the FWS if the program goals are not met. If the water user <br />chooses to conduct individual compliance,. that water user must make independent <br />arrangements to offset any effects that may jeopardize the continued existence of the <br />target species or adversely modify their habitat. Potentially, such individual compliance <br />may be far more expensive than participation in the program. <br /> <br />If the program expires or if activities under the program are not adequately completed, the <br />FWS may reinitiate consultation on all permits that have relied on the program as the <br />reasonable and prudent alternative. Before doing so, the FWS must discuss the issues <br />and seek resolution through the Governance Committee. If the FWS reinitiates <br />consultation on any permits that rely on the program, it will reinitiate consultation on all <br />such permits. In that event, Colorado will have the option of continuing its projects and <br />activities under the existing and new project programs, and there will be a presumption <br />that the Colorado program avoids violation of the ESA with respect to all permits in <br />Colorado covered by the program, through the reinitiation process. After that point, there <br />is no assurance that the Colorado programs will be adequate to offset the effects of water <br />project development and use. However, the FWS will consider the Colorado program in <br />the development of any new reasonable and prudent alternatives for such development. <br />The FWS has agreed that water users whose permits are re-opened will have retained all <br />their rights to challenge the basis of any new biological opinion issued as a result of the <br />reinitiated consultative process. <br /> <br />12 <br />