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<br />13 <br /> <br /> <br />likely to jeopardize listed species .or adversely modify designated critical habitat <br />of such species. Under the Fish and Wildlife Coordination Act, 16 U.S.C. <br />~ 662, federal agencies niust consult with the Service and with state wildlife <br />agencies on the impacts to fish and wildlife resources of federal or federally <br />licensed or permitted water projects. <br /> <br />4. Operation of Federal Water PrQjects. The Bureau of Reclamation is <br />charged with the operation of cenain federal projects in the North Platte and <br />South Platte River Basins under applicable federal laws. <br /> <br />s. Awlicable State Law. Subject to applicable compacts and decrees, the <br />States of Wyoming, Nebraska, and C-olorado admini~ water rights, including <br />water rights for instream flows. Each of these states also has certain stat1ItOI'y <br />authorities aDd responsibilities to protect and mSl~ge its fish aDd wildlife <br />resources. All water rights ~!ary to carry out activities under the <br />Cooperative Agreement and a Program developed under its terms will be <br />applied for by a state agency or a project operator, aDd,graDted as apP~op1iate <br />under the state's water Jaw aDd in keeping with state authorities aDd <br />responsibilities for fish and wildlife. NotbiDg in tbis Cooperative Agreement <br />shall be const:rued as creating federa1 water rights or requiring the granting of <br />water rights to federal entities. <br /> <br />E. No DeJ~OD or Abroption. Although this Cooperative Agreement sets forth <br />a cooperative process, all signatories to tbis'Coopelative Agreement recognize that tbcy <br />each have stat1ItOI'y responsibilities thit caDDOt be dele~ aDd that this Cooperative <br />Agreement does not and is not int~ed to abrogate any of their stat1ItOI'y <br />,responsibilities. <br /> <br />F. Comisten~ with APJ)licable Law. This Cooperative Agreement is subject to <br />and is intended to be consistent with all applicable federal aDd state laws and interstate <br />compacts and decrees. <br /> <br />G. Le,islative ~proval. Funding commitmeJUS made under this Cooperative <br />Agreement ~ subject to approval and appropriations by the appropriate state and <br />federal legislative bodies. <br /> <br />H. Officials Not to BeneiIt. No member of, or delegate to Congress, or resident <br />Co~sioner, shall receive any benefit that may arise from this Cooperative <br />Agreement. <br /> <br />I. No Admissions by States. The states are entering into this Cooperative <br />Agreement on a voluntary and cooperative basis in an effon to resolve ESA species <br />