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12-OS-OS <br />PLATTE RECOVERY AGREEMENT <br />This RECOVERY AGREEMENT is entered into this day of , 2006, by and <br />between the United States Fish and Wildlife Service ("Service") and name of Water User <br />("Water User"). <br />WHEREAS, in 2006, the Secretary of Interior and the Governors of Colorado, Nebraska and <br />Wyoming signed a Cooperative Agreement to implement the Platte River Recovery <br />Implementation Program ("Program"); and <br />WHEREAS, the Program implements certain aspects of the Service's recovery plans for four <br />species (interior least tern, whooping crane, piping plover and pallid sturgeon) (collectively the <br />"target species") listed as threatened or endangered pursuant to the Endangered Species Act <br />("ESA"). The Program is intended to provide defined benefits for the target species and their <br />associated habitats while providing for water development in the Platte River Basin to proceed in <br />compliance with state law, interstate compacts and decrees, and the ESA; and <br />?- -?. <br />WHEREAS, on , 2006, the Service issued a programmatic Biological Opinion <br />concluding that implementation of the Program, along with existing and a specified amount of <br />new depletions, are not likely to jeopardize the continued existence of the target species or ? <br />adversely modify their designated critical habitat in Nebraska; and _ <br />WHEREAS, Water User is the c.hoose one: owner/operator/coiitractor of name of water project <br />or prc>jects (Water Project), which causes or will cause depletions to the Platte River system <br />within Colorado; and <br />WHEREAS, Water User°s Water Project is covered by the Biological Opinion; and <br />WHEREAS, Water User desires certainty that its depletions can occur consistent with Section 7 <br />and Section 9 of the ESA. <br />NOW THEREFORE, Water User and the Service agree as follows: <br />1. The Biological Opinion concluded that implementation of the Program will avoid <br />the likelihood of jeopardy and adverse modification under Section 7 of the ESA for depletion <br />impacts caused by projects consistent with Colorado's water plan under the Program. Water <br />User's Water Project is a covered activity. Thus, any consultations under Section 7 regarding <br />Water Project's depletions are to be governed by the provisions of the 2006 Biological Opinion <br />and actions of the Program. The Service agrees that no other measure or action shall be required <br />or imposed on Water Project to comply with Section 7 or Section 9 of the ESA with regard to <br />Water Project's depletion impacts or other impacts covered by the Biological Opinion. Water <br />User is entitled to rely on this Agreement in making the commitment described in paragraph 2. <br />October 24, 2006 Colorado Depletions Plan 28