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lei <br />June 30, 1997 <br />designee for dollars in excess of what is ultimately determined to be <br />Nebraska's share. <br />Rainwater Basin <br />a. The parties agree that the activities described in this section and <br />in Paragraph B.5 ( "spike" flows) adequately respond to <br />recommendations on the record of the FERC proceeding that the <br />Districts route water that is in excess of irrigation needs and instream <br />flow requirements to Rainwater Basin and acquire, restore, protect and <br />maintain habitat in that area. The parties agree that no other efforts of <br />this type should be required of the Districts in these relicensing <br />proceedings. <br />b. Central will continue to contract to deliver flows to Funk Lagoon <br />consistent with its water rights. Central will enter other contracts for <br />delivery of flows to the Rainwater Basin when and if appropriate water <br />rights are obtained, and cooperate in any efforts under the auspices of the <br />Governance Committee to bring water with properly acquired water <br />rights to Rainwater Basin wetlands. Except as may be incorporated in <br />the plan developed pursuant to Paragraph B.5, or if such activities are <br />implemented through the Program with the Districts' participation, the <br />Districts will not be required to contribute to construction of any <br />physical facilities needed to deliver such flows to the Rainwater Basin. <br />C. Central will complete its work under existing commitments to <br />DOI to assist in developing an outlet system for FWS land at Funk <br />Lagoon, supporting its development as suitable habitat for whooping <br />cranes, sandhill cranes and other migratory birds. <br />d. To the extent that FWS determines that the activities described in <br />this section are consistent with the habitat management strategy to <br />provide the greatest biological benefit to whooping cranes, DOI agrees to <br />support the Districts in proposing to the Governance Committee that <br />these activities count toward fair share of dollars in the Program as <br />providing value toward Program goals for the recovery of this species, <br />with associated costs included as Program costs, and with credit to be <br />given after the term of the Cooperative Agreement. Nothing in this <br />section precludes the Districts from independently proposing to the <br />Governance Committee that such activities be counted. Nothing in this <br />agreement would preclude reimbursement of the Districts by the <br />-10- <br />