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REVISED DRAFT <br />• April 10, 2002 <br />• <br />B. Officials Not to Benefit. No member of or delegate to Congress shall receive any <br />benefit that may arise from this Program Agreement. <br />C. Effect on Litigation. Each state agrees that during the term of the Program, it <br />shall not, in any judicial or administrative proceeding: (1) assert a position adverse <br />to either of the other states on any issue relating to the target species or the <br />associated habitats; or (2) assert a position adverse to a water related activity in <br />either of the other states on any issue relating to the target species or the <br />associated habitats if that water related activity is covered by the Program, unless <br />the other state consents to that assertion. <br />D. No Admissions by States. The states are entering into this Program Agreement <br />on a voluntary and cooperative basis in an effort to resolve ESA species conflicts <br />through a negotiated and mutually agreed upon basin -wide program. Nothing <br />herein shall constitute an admission that any water related activities or new water <br />related activities have caused or will cause adverse effects to the target species or <br />their habitats. <br />Secretary Gale Norton Date <br />Department of the Interior <br />Governor Jim Geringer Date <br />State of Wyoming <br />Governor Mike Johann <br />State of Nebraska <br />Date <br />Governor Bill Owens Date <br />State of Colorado <br />• 4 <br />