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Platte River Recovery Implementation Program2003Agreement
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Platte River Recovery Implementation Program2003Agreement
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Last modified
2/21/2013 11:17:48 AM
Creation date
2/20/2013 10:24:54 AM
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Water Supply Protection
Description
2003 Draft Platte River Recovery Implementation Program (PRRIP) Cooperative Agreement
State
CO
NE
WY
Basin
South Platte
Water Division
1
Date
3/17/2003
Author
Platte River Endangered Species Partnership (aka Platte River Recovery Implementation Program or PRRIP)
Title
2003 Draft Platte River Recovery Implementation Program (PRRIP) Cooperative Agreement
Water Supply Pro - Doc Type
Contract/Agreement
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REVISED DRAFT <br />November 15, 2002 <br />consider this Program as ESA compliance for such water related activity. FWS believes <br />that revoking reliance on the Program warrants a reopening of any federal action or <br />authorization based thereon, and will reinitiate any ESA section 7(a)(2) consultation for <br />that water related activity which relied upon this Program. <br />H. Any time that FWS reinitiates section 7(a)(2) consultation, it will issue a new <br />biological opinion based on then current conditions. FWS believes that the new biological <br />opinion and any subsequent amendment, restatement, or modification of a federal action <br />based on the new biological opinion, would constitute a new federal action for purposes <br />of administrative or judicial appeals. FWS further believes that no person or entity should <br />be deemed to have waived or relinquished any right to challenge the legal, scientific, or <br />technical validity of any aspect of the new biological opinion or agency action by virtue <br />of its acceptance of or reliance on the July 1997 Cooperative Agreement or this Program, <br />or by virtue of its support for the July 1997 Cooperative Agreement or this Program in <br />other judicial or administrative proceedings. <br />V. FAIR SHARE <br />DOI and the states have determined that each has a responsibility to the success of the <br />Program and that contributions for Program elements addressing existing water related <br />activities should be made to the Program on the basis of "fair share." For purposes of the <br />first Program increment, DOI and the states agree that federal contribution and the <br />collective state contributions should be as equal as possible. DOI and the states have <br />agreed that their contributions in the first Program increment will include credit for <br />certain contributions made during the term of the July 1997 Cooperative Agreement, and <br />will be shared among them as reflected in Attachment _ hereto. Specific contributions <br />by the states take into account the value of both water provided through that state's water <br />projects and cash or cash equivalent contributions to other components of the Program. <br />By accepting this distribution of "fair share" for the first Program increment, the states do <br />not intend to suggest that such distribution accurately reflects how responsibility should <br />be assigned in any process other than for the first Program increment or that it is <br />appropriate for the long term. What constitutes "fair share" will be renegotiated for <br />subsequent Program increments. Contributions to provide offsets for new water related <br />activities pursuant to the future depletions elements of the Program are separately <br />determined based on the impacts of those activities, and will not be credited toward a <br />state's "fair share" contributions toward the remainder of the Program. [Governance <br />0 24 <br />
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