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C. <br />June 30, 1997 <br />attenuate increased flows in the Platte River which might occur due to rejection <br />of irrigation water due to regional or local weather during the nesting season of <br />interior least terns and piping plovers (June 1 to August 15). In developing the <br />plan, Central will consider, among other things, increasing deliveries to <br />Rainwater Basin wetlands which now hold or which later acquire valid state <br />water rights and can be served by Central, and modifying irrigation season <br />operations to create limited temporary capacity in Johnson Lake. The plan will <br />be finalized with the concurrence of NGPC and FWS within two years of <br />relicensing, and will include a communication protocol for coordination with the <br />Environmental Account Manager. DOI understands that Central's best efforts <br />to attenuate higher flows will, as a practical matter, be limited by the capacity of <br />Central's hydraulic systems to store or deliver excess water to relatively small <br />quantities and very short periods of time. Thus, DOI agrees that the plan will <br />not include any required level or frequency of flow attenuation. DOI agrees that <br />the District efforts described above satisfy any obligation which DOI believes <br />exists for the Districts to take action to limit the flooding of nesting interior least <br />terns or piping plovers in the Platte River. The parties agree that implementing <br />these measures shall not be interpreted as agreement by the Districts that normal <br />operation of the Projects could cause a taking of nesting terns or plovers. <br />Water Supplies <br />1. Water conservation Program. The parties agree that the Cooperative <br />Agreement and the Proposed Alternative's Water Conservation/Supply <br />Component provides a satisfactory forum for identifying and implementing <br />conservation and water supply programs which will yield a net conservation of <br />water. The parties anticipate that these conservation activities will be planned, <br />managed and funded through the Cooperative Agreement or Program. Pursuant <br />to the Cooperative Agreement and under the Program, the State of Nebraska <br />will be required to contribute a portion of those funds. FERC should recognize <br />the Districts' participation in the Cooperative Agreement and a Program's water <br />conservation activities rather than requiring any of the separate programs to be <br />run by the Districts which have been recommended in the relicensing <br />proceedings. The parties agree that these activities are a sufficient contribution <br />by the Districts for conservation; no other conservation requirements should be <br />placed on the Districts in their licenses. <br />a. During the term of the Cooperative Agreement, Central will <br />undertake, in coordination with the Governance Committee or its <br />designees, to estimate net controllable conservation from projects and <br />programs which are counted toward the National Wildlife Federation <br />-12- <br />