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<br />Now, therefore, it is stipulated and agreed as foUows: <br /> <br />I. The State of Nebraska hereby stipulates that the execution of the Agreement and <br />implementation of the Agreement and the Program resolves any wildlife and <br />envirorunental issues in this litigation pertaining to the whooping crane, the interior least <br />tern, the piping plover and pallid sturgeon and also resolves any wildlife and envirorunental <br />issues in this litigation pertaining to the federally designated critical habitat area in the <br />Central Platte River basin and it will dismiss all related issues in this litigation. <br /> <br />2. The States of Colorado and Wyoming hereby stipulate that the dismissal of the <br />issues pursuant to paragraph 1 and the execution of the Agreement and implementation of <br />-the Agreement and the Program resolves all oftbeir outstanding issues in_the Federal <br />Energy Regulatory proceedings regarding the relicensing of Lake McConaughy and they <br />will ,vithdraw as parties to the proceedings. <br /> <br />3. If the Agreement terminates, the NEP A and ESA reviews result in a Program that <br />is unacceptable, or the Program fails, all parties retain any rights they may otherwise have <br />to reopen any proceedings dismissed as a result of this Stipulation. <br /> <br />4. Future water development activities in one state which impact the target species <br />and federally designated critical habitat will not increase the mitigation responsibilities of <br />the other states. <br />