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> ?} • <br />Wyoming-July 19, 2006 <br />NOW THEREFORE, Water User and the State Engineer agree as follows: <br />(Examples Situations) <br />If the State Coordinator has determined that the activity will qualify as an existing water related <br />activity without terms and conditions, this agreement may not be necessary. For example: The <br />water user is rehabilitating an existing water supply system that will not increase depletions or the <br />water users is proposing a project that will rely on a change of use approved by the Wyoming B.oard <br />of Control. In these cases, the State Engineer could simply document such findings in a letter to the <br />Federal Action Agency. <br />OR <br />If the State Coordinator has determined that the activity will qualify as an existing water related <br />activity subject to certain terms and conditions, this agreement can be used to document those terms <br />and conditions. For example, a water user seeking a replacement well may be required to cement <br />the old well and/or voluntarily abandon an existing water right. (Note: This could also be <br />documented with conditions on the pernnit for the replacement well.) Another example, the water <br />user could acquire and retire depletions from an existing water related activities as defined in <br />Wyoming's Depletions Plan and thereby ensure khe activity can be completed without exceeding an <br />existing water related activity benchmark or baseline. <br />OR <br />If the water user is proposing a new water related activity, the agreement would be used to document <br />the terms and conditions for coverage by Wyoming's Depletions Plan and the Program. For <br />example, the water user could acquire replacement water to offset the new depletions. Another <br />example, the water user could seek and receive replacement water from the Wyoming Water Bank <br />through the Director of the Wyoming Water Development Office. (Any agreements for water from <br />the water bank should be attached to this agreement.) <br />OR <br />If the water user is proposing a project that includes both existing and new water related activities, <br />the agreement could be used to document the quantification of the two activities, and perhaps, place <br />conditions on each to ensure there is proper mitigation. <br />The following general conditions will apply to this agreement: <br />l. The Wyoming State Engineer, his employees, and the State of Wyoming do not waive their <br />2