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• 4. Institutional Protections. Each state shall take whatever steps are <br />necessary to provide institutional protections within that state for waters <br />intended for environmental purposes, including without limitation: statutory <br />and regulatory reform; granting of any necessary water rights; and water <br />accounting systems. Accounting methodologies shall be provided to the Water <br />Management Committee. <br />IV. REGULATORY CERTAINTY <br />DOI and the states intend that this Program, if implemented, provide regulatory <br />certainty under the ESA to existing water related activities and to certain new water <br />related activities subject to review under section 7 of the ESA. DOI and the states <br />anticipate that the Program, as it may be modified after NEPA and ESA evaluation and <br />over time, will serve as the reasonable and prudent alternative under section 7 for <br />existing water related activities and covered new water related activities during the term <br />of the Program. Notwithstanding that Program activities described below will <br />generally be focused on the geographic area defined herein as "associated habitats," the <br />implementation of such activities is to serve as the reasonable and prudent alternative <br />for impacts to the target species and their habitats within the Platte River Basin <br />downstream from the confluence of the North and South Platte Rivers. Regulatory <br />certainty will be provided by the following mechanisms: <br />• A. For water related activities existing as of the effective date of the Cooperative <br />Agreement, FWS intends that the reasonable and prudent alternative during the term of <br />the Program shall be the activities carried out by or on behalf of those water related <br />activities through the Program, as described above and as set forth in Appendix B. <br />"Contributions of the Parties During the First Increment," and as may be set forth in <br />the future for subsequent Program increments. For water related activities existing as <br />of the effective date of the Cooperative Agreement for which consultation pursuant to <br />section 7 was completed prior to or during the term of the Cooperative Agreement <br />(covered by Cooperative Agreement Paragraphs VIII.A.1, 2 and 4), payments made or <br />measures undertaken by or on behalf of these water related activities during the term of <br />the Cooperative Agreement shall be credited against the payments and measures set <br />forth in Appendix B to the extent they contribute to the land acquisition and restoration <br />purposes of the Program. <br />B. For new water related activities subject to section 7(a)(2) of the ESA, FWS <br />intends that the reasonable and prudent alternative during the term of the Program shall <br />be the activities carried out by or on behalf of those water related activities through the <br />Program, as described below and as set forth in Appendix A, Tabs 1B, 2B, 3B, <br />"Plan[s] for Future Depletions" for the respective states. For such water related <br />activities for which consultation pursuant to section 7 was completed during the term of <br />• the Cooperative Agreement (covered by Cooperative Agreement Paragraph VIII.A.3), <br />payments made or measures undertaken by or on behalf of such water related activities <br />13 <br />