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12 <br /> The Colorado new development program provides for reporting of water use and population <br /> information to the Governance Committee, and the adjustment of Colorado's obligations on <br /> five-year increments. <br /> Regulatory Certainti2. For existing projects, as long as the goals of the first increment of the <br /> program are met and activities are conducted in accordance with program milestones, the <br /> program will serve as the reasonable and prudent alternative for all such existing projects. For <br /> new water development activities, as long as Colorado complies with the terms of the new <br /> development program by reregulating the appropriate amounts of water, the program will <br /> serve as the reasonable and prudent alternative for such new development. <br /> Any water user with a new or existing water project may choose to rely on the program as the <br /> reasonable and prudent alternative, or may choose to conduct individual compliance with the <br /> Endangered Species Act. If the water user relies on the program,the water user's permit will <br /> be subject to the terms of the program, including the possible reinitiation of consultation by <br /> the FWS if the program goals are not met. If the water users choose to conduct individual <br /> compliance, that water user must make independent arrangements to offset any effects that <br /> may jeopardize the continued existence of the target species or adversely modify their habitat. <br /> Potentially, such individual compliance may be far more expensive than participation in the <br /> program. <br /> If the program expires or if activities under the program are not adequately completed, the <br /> FWS may reinitiate consultation on all permits that have relied on the program as the <br /> reasonable and prudent alternative. Before doing so,the FWS must discuss the issues and seek <br /> resolution through the Governance Committee. If the FWS reinitiates consultation on any <br /> permits that rely on the program, it will reinitiate consultations on all such permits. In that <br /> event, Colorado will have the option of continuing its projects and activities under the existing <br /> and new project programs,and there will be a presumption that the Colorado program avoids <br /> violation of the ESA with respect to all permits in Colorado covered by the program, through <br /> the reinitiation process. After that point,there is no assurance that the Colorado programs will <br /> be adequate to offset the effects of water project development and use. However, the FWS will <br /> consider the Colorado program in the development of any new reasonable and prudent <br /> alternatives for such development. The FWS has agreed that water users whose permits are <br /> reopened will have retained all their rights to challenge the basis of any new biological opinion <br /> issued as a result of the reinitiated consultative process. <br /> ACTIVITIES THAT SHOULD BE COMPLETED <br /> IN COLORADO TO IMPLEMENT THE PROGRAM AGREEMENT <br /> Assuming the Program Agreement is signed, there are many activities that must be <br /> implemented in Colorado to assure compliance. It is important for state agencies, the <br /> legislature, water users and the public to understand these activities, and be prepared to <br /> pursue them. During the three-year Cooperative Agreement period, Colorado would commit <br />