Cooperative Agreement for Platte River Research and Other Efforts Relating to Endangered Species Habitats

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right to require modification of the respective obligations and undertakings proposed to be • assumed by the signatories in the Program to equitably account for the outcome of Nebraska v. W. ominL7, and, in the absence of an acceptable modification, the right to withdraw from the Program. Notwithstanding Paragraph WX below, if a signatory withdraws from the Program because an acceptable modification is trot adopted, the U.S. Fish and Wildlife Service ( "FWS ") believes such situations would warrant reinitiation. Therefore, it will reinitiate all ESA section 7(a)(2) consultations referenced in Paragraph IV below which relied upon the Program as a component of their reasonable and prudent alternatives, and which are subject to reinitiation pursuant to 50 C.F.R. § 402.16. - I. PROGRAM PURPOSES A. The purpose of this Program is to implement certain aspects of the FWS' recovery plans for the target species that relate to their associated habitats by providing for the following:_ 1. securing defined benefits for the target species and their associated habitats to assist in their -conservation and recovery through a basin -wide cooperative approach that can be agreed to by the three states and DOI; 2. serving as the reasonable and prudent alternative to offset the effects of existing and new water related activitiee in the Platte River Basin that; in the • absence of such a Program, would be found by FWS to be likely to jeopardize the continued existence of the target species or adversely modify designated critical habitat; For purposes of this Program document and its appendices, the term "water related activities" means activities and aspects of activities which (1) are subject to section 7(a)(2) of the ESA; (2) occur in the Platte River Basin upstream of the confluence of the Loup River with the Platte .River; and (3) may affect Platte River flow quantity or timing, including, but not limited to, water diversion, storage and use activities. Those changes resulting from land use activities which affect flow quantity and timing will be considered impacts of a "water related activity." Changes in temperature and sediment transport will be considered impacts of a "water related activity" to the extent that such changes are caused by activities affecting flow quantity or timing. "Water related activities" do not include those components of land use activities or discharges of pollutants that do not affect flow quantity or timing. "New water related activities" are new surface water or hydrologically connected groundwater activities including both new projects and expansion of existing projects, both those subject to and not subject to section 7(a)(2) of the ESA, which may affect the quantity or timing of water reaching the associated habitats and which are implemented after the effective date of the • Cooperative Agreement. 2