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2, providing ESA compliance2 for existing and new water related activities3 in <br />the Platte River basin4; <br />3. helping prevent the need to list more basin associated species pursuant to the <br />ESA; <br />4. mitigating the adverse impacts of new water related activities on (1) the <br />occurrence of FWS target flows (as described in Section IlI. E.1. a.) and (2) the <br />effectiveness of the Program in reducing shortages to those flows, such mitigation <br />to occur in the manner and to the extent described in Section III.E.3. and in the <br />approved depletions plans; and <br />5. establishing and maintaining an organizational structure that will ensure <br />appropriate state and federal government and stakeholder involvement in the <br />implementation of the Program. <br />B. When doing so will not reduce resources available to target species, the Program will <br />also manage Program lands to benefit non-target listed species and non-listed species of <br />concern and to reduce the likelihood of future listing. When feasible, the Program will <br />provide regulatory certainty with respect to those non-target, listed species. <br />` "ESA compliance" means: (1) serving as the reasonable and prudent alternative to <br />offset the effects of water-related activities that FWS found were likely to cause jeopardy to one <br />or more of the target species or to adversely modify critical habitat before the Program was in <br />place; (2) providing offsetting measures to avoid the likelihood of jeopardy to one or more of the <br />target species or adverse modification of the critical habitat in the Platte River basin for new or <br />existing water-related activities evaluated under the ESA after the Program was in place; and (3) <br />avoiding any prohibited take of target species in the Platte River basin. <br />' For purposes of this Program Document and its attachments, the term "water <br />related activities" means activities and aspects of activities which (1) occur in the Platte River <br />basin upstream of the confluence of the Loup River with the Platte River; and (2) may affect <br />Platte River flow quantity or timing, including, but not limited to, water diversion, storage and <br />use activities, and land use activities. Changes in temperature and sediment transport will be <br />considered impacts of a"water related activity" to the extent that such changes are caused by <br />activities affecting flow quantity or timing. Impacts of "water related activities" do not include <br />those components of land use activities or discharges of pollutants that do not affect flow <br />quantity or timing. "Existing water related activities" include surface water or hydrologically <br />connected groundwater activities implemented on or before July 1, 1997. "New water related <br />activities" include new surface water or hydrologically connected groundwater activities <br />including both new projects and expansion of existing projects, both those subject to and not <br />subject to section 7(a)(2) of the ESA, which may affect the quantity or timing of water reaching <br />the associated habitats and which are implemented after July 1, 1997. <br />Platte River basin includes the basins of the South, North, and Platte Rivers. <br />$eptefber-November 4729 2005 Program Document 2 1