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Cooperative Agreement for Platte River Research and Other Efforts Relating to Endangered Species Habitats
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Cooperative Agreement for Platte River Research and Other Efforts Relating to Endangered Species Habitats
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Last modified
2/21/2013 11:08:28 AM
Creation date
2/20/2013 10:15:51 AM
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Water Supply Protection
Description
Cooperative Agreement for Platte River Research (aka Platte River Recovery Implementation Program or PRRIP) and Other Efforts Relating to Endangered Species Habitats Along the Central Platte River, Nebraska
State
CO
NE
WY
Basin
South Platte
Water Division
1
Date
7/1/1997
Author
Platte River Endangered Species Partnership (aka Platte River Recovery Implementation Program or PRRIP)
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
Contract/Agreement
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Cooperative Agreement. FWS agrees to request the federal action agency to <br />make provision for the changed circumstances that will exist if a Program is <br />implemented and to include the provisions of Paragraph II.B in the event a <br />Program is not implemented or terminates and provisions of Paragraph VM.0 <br />in the event this Cooperative Agreement terminates prematurely. <br />a. For new water related activities with depletions greater than 25 acre <br />feet per year, FWS agrees to recommend replacing the consumptive use <br />below the diversion point within the state in which the depletion occurs. <br />Timing of replacement water will be outside of the irrigation season and <br />at a time of shortage for the species. Because the consumptive use will <br />be replaced during the term of this Cooperative Agreement, there will be <br />no land component in reasonable and prudent alternatives for new <br />depletions greater than 25 acre feet. <br />b. For new water related activities with depletions of 25 acre feet or <br />less annually, FWS agrees to recommend reasonable and prudent <br />alternatives pursuant to the June 13, 1996 biological opinion on minor <br />water depletions. To the extent they contribute to the land acquisition <br />• and restoration purposes of a Program, payments made or measures <br />undertaken by or on behalf of such signatories shall be credited to the <br />state in which the water related activity is occurring at the inception of a <br />Program. <br />4. Notwithstanding Paragraph VM.A.2, the ESA responsibilities for the <br />Federal Energy Regulatory Commission ( "FERC ") Projects Nos. 1417 and 1835 <br />will be those adopted by FERC in new licenses issued for such projects. The <br />signatories agree to recommend to FERC that license conditions should be <br />consistent with this Cooperative Agreement and a Program. Payments made or <br />measures undertaken by such projects shall be credited to Nebraska at the <br />inception of a Program. <br />5. During the term of this Cooperative Agreement, FWS agrees that for all <br />water related activities described in Paragraphs VM.A.1, 2, 3 and 4 the <br />reasonable and prudent alternatives shall define the actions to be undertaken by <br />the activity's proponent. FWS agrees to request the National Fish and Wildlife <br />_ Foundation, which will administer funds paid pursuant to Paragraphs VM.1, 2 <br />and 3, to expend the funds for water mitigation for water related activities in the <br />state in which such activity occurs. Reasonable and prudent alternatives also <br />will include a recommendation to the federal action agency for the non - federal <br />• signatory to cooperate with and participate in activities undertaken under the <br />Cooperative Agreement and any Program subsequently implemented. During <br />7 <br />
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