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<br />...,.~.... .. <br /> <br />. <br /> <br />amendment to the federal authorization of Pathiinder Reservoir. Further, the State of ~ <br />Nebraska duly notes that it is responsible for the delivery of any project environmental <br />storage releases, less appropriate conveyance losses, to the critical habitat in the Central <br />Platte River basin. . <br /> <br />6. The delivery of storage releases from the environmental account described in <br />paragraph 3 and the delivery of envirornnental releases from the municipal account <br />described in paragraph 4 to the WyominglNebraska state line would serve as the <br />reasonable and prudent alternative for the project itself, would be used to address the <br />ongoing Section 7 consultations on the federal reservoirs in Wyoming, and would be <br />credited to the State of Wyoming and its water users under the Platte River Recovery <br />Implementation Program (program) as mitigation for depletions that occurred prior to the <br />date of the Cooperative Agreement. In the event that the Program is not successful, the <br />delivery of releases from the environmental account and delivery of any enVironmental <br />releases from the municipal account to the WyominglNebraska state line would be <br />credited to the State of Wyoming and its water users in any subsequent endangered <br />species consultations relating to depletions that occurred prior to Court's order adopting <br />this stipulation. <br /> <br />7. When it is apparent that water from the 3-Brick Project will become available, <br />Wyoming will release the 404 pennit and the water rights for the Deer Creek Project, a <br />proposed and permitted reservoir with a capacity of approximately 66,000 acre feet. <br />Further, Wyoming would provide clear title to the 470 acres of habitat its owns in the <br />critical habitat area in Central Nebraska to the USFWS or other entities as deemed <br />appropriate by the USFWS. <br />