WSP12881

• File Number: 8460.500
• Description: Platte River 3-States Cooperative Endangered Species Program
• Basin: South Platte
• Date: 7/1/1999
• Author: 3-States
• Title: Cooperative Agreement for Platte River Research and Other Efforts Relating to Endangered Species Habitats Along the Central Platte River, Nebraska
• Water Supply Pro - Doc Type: Publication

for purposes of admini~trative or judicial appeals. FWS further believes that no person
or entity should be deemed to have waived or relinquished any right to challenge the
legal, scientific, or technical validity of any aspect of the new biological opinion or
agency action by virtue of its acceptance of or its reliance on this Cooperative
Agreement, or by virtue of its suppon for this Cooperative Agreement in other judicial
or administrative proc-iillgs. In developing any new reasoDable and prudent
alternative, FWS agrees to give credit for any contributioDS by the OWDeI' or operator of
the water related activity made pursuant to this Cooperative Agreement.

E. Any person or entity undertaking a water related activity described in Paragraph
VID.A.l, 2, 3 or 4 must agree to iDc1usion of reopening authority by the federal action
agency in its {Imding or authorization dnt'!ll1ftfl!DtS and must agree to request amt'!'ndmems
by the federal action agency as needed to confOrm its federal authorization to any
agreed upon Program. NotwitbstaDdiDg Paragraph n.C.2, the states sball DOt be
restrained from taking a position adverse to one another in administrative or judicial
~illgs to compel the action agency to include reopcuiDg authority in any such
federal flJnd~ or authorization.

IX. GOVERNANCE STRUCTURE

Following the execution oftbis Cooperative ~~ a Govemm:e Comm~ is to
be established to review, direct, and provide oversight for the activities UDde11akcn
undertbis Cooperative Agrcement except as provided by Paragraphs vn and vm of
tbis Cooperative Agr=mcut. .

A. Membership. The Govcmance Committ~ will coDSist of the following
, ,members:

1. ODe member per signatory state, to be selected by the Govemor of that
state;

2. two federal members, to be selected by the Secretary of the Interior, ODe
representing FWS and one representing the Bureau of Reclamation ("BOR");

3. two enviromnemal members repr--'tll\g the cnviromnental entities in
the three states, to be selected by those entities;

4. one member representing water users on the North Platte River in
Wyoming and also water users in Nebraska above Lake McConaughy who have
storage contracts for water in the federal reservoirs in Wyoming, to be selected
by those users;

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