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IX. <br />for purposes of administrative or judicial appeals. FWS further believes that no person <br />or entity should be deemed to have waived or relinquished any right to challenge the <br />legal, scientific, or technical validity of any aspect of the new biological opinion or <br />agency action by virtue of its acceptance of or its reliance on this Cooperative <br />Agreement, or by virtue of its support for this Cooperative Agreement in other judicial <br />or administrative proceedings. In developing any new reasonable and prudent <br />alternative, FWS agrees to give credit for any contributions by the owner or operator of <br />the water related activity made pursuant to this Cooperative Agreement. <br />E. Any person or entity undertaking a water related activity described in Paragraph <br />VIII. A.1, 2, 3 or 4 must agree to inclusion of reopening authority by the federal action <br />agency in its funding or authorization documents and must agree to request amendments <br />by the federal action agency as needed to conform its federal authorization to any <br />agreed upon Program. Notwithstanding Paragraph II.C.2, the states shall not be <br />restrained from taking a position adverse to one another in administrative or judicial <br />proceedings to compel the action agency to include reopening authority in any such <br />federal funding or authorization. <br />GOVERNANCESTRUCTURE <br />Following the execution of this Cooperative Agreement, a Governance Committee is to <br />be established to review, direct, and provide oversight for the activities undertaken <br />under this Cooperative Agreement except as provided by Paragraphs VII and VIII of <br />this Cooperative Agreement. <br />A. Membership. The Governance Committee will consist of the following <br />members: <br />one member per signatory state, to be selected by the Governor of that <br />state; <br />2. two federal members, to be selected by the Secretary of the Interior, one <br />representing FWS and one representing the Bureau of Reclamation ( "BOR "); <br />3. two environmental members representing the environmental entities in <br />the three states, to be selected by those entities; <br />4. one member representing water users on the North Platte River in <br />Wyoming and also water users in Nebraska above Lake McConaughy who have <br />storage contracts for water in the federal reservoirs in Wyoming, to be selected <br />by those users; <br />E <br />