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• <br />C. development and implementation of certain water, management, conservation and - <br />supply measures, as set forth in Attachment I, "Milestones for the Cooperative <br />Agreement," and in Attachment II, "Water Conservation/Supply Component "; <br />D. development of a basin -wide program ( "Program ") to be implemented following <br />evaluation of the Proposed Alternative, as defined in Paragraph III and as set forth in <br />Attachment III, and a range of reasonable alternatives in compliance with the National <br />Environmental Policy Act ( "NEPA "), 42 U.S.C. 4331 sLwQ., and the ESA, the intent <br />of which is to:. (1) secure defined benefits for the target species and their associated <br />habitats to assist in their conservation and recovery through a basin wide cooperative <br />approach that can be agreed to by the three states and the Department of the Interior <br />("DOI"); (2) serve as the reasonable and prudent alternative to offset the effects of <br />existing and new water related activities in the Platte River Basin that,-in the absence of <br />such a Program, would be found by FWS to be likely to jeopardize the continued <br />existence of the target species or adversely modify designated critical habitat; (3) help <br />prevent the need to list more basin associated species pursuant to the ESA; and (4) <br />mitigate new water related activities in a state in a manner that will not increase the <br />mitigation responsibilities of other signatory states, with the intent that mitigation will <br />be' - in the state where the activity occurs to the extent described in • <br />Attachment III, Appendix A; and <br />Z For purposes of this Cooperative Agreement and its attachments, the term "water <br />related activities" means activities and aspects of activities which: (1) are subject to section <br />7(a)(2) of the ESA; (2) occur in the Platte River Basin upstream of the confluence of the Loup <br />River with the Platte River; and (3) may affect Platte River flow quantity or timing, including, <br />but not limited to, water diversion, storage and use activities. Those changes resulting from <br />land use activities which affect flow quantity and timing will be considered impacts of a "water <br />related activity." Changes in temperature and sediment transport will be considered impacts of <br />a "water related activity" to the extent that such changes are caused by activities affecting flow <br />quantity or timing. "Water related activities" do not include those components of land use <br />activities or discharges of pollutants that do not affect flow quantity or timing. "New water <br />related activities" are new surface water or hydrologically connected ground water 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 - <br />reaching the "associated habitats" and which are implemented after the effective date of this <br />Agreement. <br />2 <br />