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will formally establish the Program. The Proposed Program, as attached to the <br />Cooperative Agreement, will be the proposed alternative analyzed in the ESA and NEPA <br />review. Based on the results of the NEPA and ESA review, the FWS may determine that <br />the Proposed Program is inadequate, or must be modified, to serve its purposes. In that <br />event, the states and FWS will need to renegotiate the program. If the parties do not enter <br />into an agreement establishing a program, or if the parties do not complete the activities <br />required under the Cooperative Agreement, the FWS will reinitiate its original <br />consultation on any and all permits and activities that have relied on the interim <br />protections offered under the Cooperative Agreement. <br />Governance. The Cooperative Agreement and the Proposed Program are based on a <br />cooperative partnership between the states, Interior, water users and environmental <br />organizations. The Cooperative Agreement establishes a ten - member Governance <br />Committee, composed of representatives of the states, Department of Interior, water users <br />and environmental organizations. The Governance Committee will oversee activities <br />under the Cooperative Agreement and will serve as a forum for dispute resolution. <br />Nebraska v ffyemine: One of Colorado's key concerns has been the. interrelationship of <br />the litigation in Nebrask v. Wyoming with the Cooperative Agreement and the Proposed <br />Program. To resolve this issue, the parties agreed that: (1) any party may withdraw or <br />seek renegotiation of the Program Agreement based on the outcome of the litigation, (2) <br />if any party withdraws, the FWS will reinitiate ESA consultation on all permits that have <br />relied on the Cooperative Agreement, and (3) the litigation is an inappropriate forum to <br />establish specific flow requirements for the habitat. Moreover, Nebraska will not assert <br />positions adverse to the other states- or water users in those states on issues related to the <br />listed species or their habitat in other judicial or administrative proceedings so long as the <br />Agreement or Program is in effect. <br />Colorado's OblWtions. During the Cooperative Agreement period, Colorado must <br />undertake the following activities (see Attachment 1): <br />• Pay $300,000 per year to fund activities under the Cooperative Agreement (a total <br />of $900,000), $100,000 per year of which will help fund a water <br />conservation/water supply study to identify sources of water in the three states to <br />meet program water goals. No commitments have been made as to the source of <br />these funds. This is a discussion that will have to occur within Colorado. To the <br />extent that state funds are used, all contributions are -subject to legislative <br />appropriation. <br />• Plan the Tamarack Project (described under the Proposed Program, below) and <br />other water reregulation projects necessary to mitigate the effects on the habitat of <br />existing and new water uses in Colorado. <br />7 <br />