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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 must 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 />4. QR=don of Federal Water Projects. The Bureau of Reclamation is <br />charged with the operation of certain federal projects in the North Platte and <br />South Platte River Basins under applicable federal laws. <br />5. AMlicable State Law. Subject to applicable compacts and decrees, the <br />States of Wyoming, Nebraska, and Colorado administer water rights, including <br />water rights for instream flows. Each of these states also has certain statutory <br />authorities and responsibilities to protect and manage its fish and wildlife <br />resources. All water rights necessary 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, and. granted as appropriate <br />under the state's water law and in keeping with state authorities and <br />responsibilities for fish and wildlife. Nothing in this Cooperative Agreement <br />• shall be construed as creating federal water rights or requiring the granting of <br />water rights to federal entities. <br />E. No Delegation or Abrogation. Although this Cooperative Agreement sets forth <br />a cooperative process, all signatories to this Cooperative Agreement recognize that they <br />each have statutory responsibilities that cannot be delegated, and that this Cooperative <br />Agreement does not and is not intended to abrogate any of their statutory <br />responsibilities. <br />F. Consistency with Applicable L.aw. This Cooperative Agreement is subject to <br />and is intended to be consistent with all applicable federal and state laws and interstate <br />compacts and decrees. <br />G. i egislative Approval. Funding committnents made under this Cooperative <br />Agreement are subject to approval and appropriations by the appropriate state and <br />federal legislative bodies. <br />H. Officials Not to Benefit. No member of, or delegate to Congress, or resident <br />Commissioner, shall receive any benefit that may arise from this Cooperative <br />Agreement. <br />• I. No Admissions by States. The states are entering into this Cooperative <br />Agreement on a voluntary and cooperative basis in an effort to resolve ESA species <br />13 <br />