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7 <br /> Water users with projects that will consume 25 acre feet per year or less must <br /> comply with the FWS's existing biological opinion on minor depletions,which <br /> involves payment of a one-time charge of$37 per acre foot of consumptive use. <br /> Establishing the Program. The Cooperative Agreement provides that at the end of the ESA and <br /> NEPA review period,the states and Interior will enter into a new agreement that will formally <br /> establish the Program. The Proposed Program, as attached to the Cooperative Agreement,will <br /> be the proposed alternative analyzed in the ESA and NEPA review. Based on the results of the <br /> NEPA and ESA review, the FWS may determine that the Proposed Program is inadequate, <br /> or must be modified, to serve its purposes. In that event, the states and FWS will need to <br /> renegotiate the program. If the parties do not enter into an agreement establishing a program, <br /> or if the parties do not complete the activities required under the Cooperative Agreement,the <br /> FWS will reinitiate its original consultation on any and all permits and activities that have <br /> relied on the interim 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 Committee, <br /> composed of representatives of the states, Department of Interior, water users and <br /> environmental organizations. The Governance Committee will oversee activities under the <br /> Cooperative Agreement and will serve as a forum for dispute resolution. <br /> Nebraska v. Wyoming. One of Colorado's key concerns has been the interrelationship of the <br /> litigation in Nebraska 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 seek <br /> renegotiation of the Program Agreement based on the outcome of the litigation, (2) if any party <br /> withdraws, the FWS will reinitiate ESA consultation on all permits that have relied on the <br /> Cooperative Agreement, and (3) the litigation is an inappropriate forum to establish specific <br /> flow requirements for the habitat. Moreover,Nebraska will not assert positions adverse to the <br /> other states or water users in those states on issues related to the listed species or their habitat <br /> in other judicial or administrative proceedings so long as the Agreement or Program is in <br /> effect. <br /> Colorado's Obligations. During the Cooperative Agreement period, Colorado must undertake <br /> the following activities (Also see Attachment 1): <br /> Pay $300,000 per year to fund activities under the Cooperative Agreement (a total of <br /> $900,000), $100,000 per year of which will help fund a water conservation/water <br /> supply study to identify sources of water in the three states to meet program water <br /> goals. No commitments have been made as to the source of these funds. This is a <br /> discussion that will have to occur within Colorado. To the extent that state funds are <br /> used, all contributions are subject to legislative appropriation. <br />