Volume II: Appendix A Of the Biological Opinion

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