Laserfiche WebLink
<br />Cooperative Agreement. FWS agrees to request the federal action agency to <br />make provision for the changed circumstances that will exist if a Program is <br />implemented and to inclUde the provisions of Paragraph n.B in the event a <br />Program is not implemented or terminates and provisions of Paragraph VID.C <br />in the event this Cooperative Agrccmcm terminates prematurely. <br /> <br />a. For new water related activities with depletions greater than 2S acre <br />feet per year, FWS agrees to recommeud replacing the consumptive use <br />below the diversion point within the state in which the depletion occurs. <br />Timing of replacement water 'will be outside of the irrigation season and <br />at a time of shortage for the species. ~!:Iuse the consumptive use will <br />be replaced during the term of this Cooperative Agreemeut, there will be <br />DO land component in reasonable and prudent altematives for new <br />depletions greater than 2S acre feet. <br /> <br />b. For new water related activities with depletions of 2S acre feet or <br />less IInml"l1y, FWS agrees to recommeud reasonable and prudent <br />alternatives purswmt to the JUDe 13, 1996 biological opinion on minor <br />water depletions. To the extent they conaibute to the land acquisition <br />aDd restoration purposes of a Program, payments made or measures <br />UDderIaken by or on behalf of such sigDatories shall be credited to the <br />. state in which the water related activity is ~u.Wg at the iDception of a <br />Program. " <br /> <br />7 <br /> <br /> <br />4. NotwithstaDding Paragraph VIn.A.2, the ESA responsibilities for the <br />Federal Energy Regulatory Commi.sion (wFER.CW) Projects Nos. 14171Dd 1835 <br />will be those adopted by FERCin new IicenRs issued for such projects. The <br />signatories agree to recommend to FERC that1iceuse CODditions should be <br />consistent with this Cooperative Agreement aDd a Program. PaymentS made or <br />measures UDderIaken by such projects shall be credited to Nebraska at the <br />inception of a Program. <br /> <br />S. During the term of this Cooperative Agreement, FWS agrees that for all <br />water related activities descnDed in Paragraphs VIn.A.l. 2, 3 and 4 the <br />reasonable and prudent alternatives shall define the actions to be undertaken by <br />the activity's proponem. FWS agrees to request the National Fish and Wildlife <br />Foundation, which will adminh:ter funds paid pursuant to Paragraphs vm.l. 2 <br />and 3. to expend the funds for water mitigation for water related activities in the <br />state in which such activity occurs. Reasonable and prudent alternatives also <br />will include a recommendation to the federal ~on agency for the non-federal <br />signatory to cooperate with and participate in activities UDdertaken under the <br />Cooperative Agreement and any Program subsequently implemented. During <br />