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<br />. .lWu~u~ <br /> <br />e <br /> <br />Cooperative Agreement To Implement a Management Plan <br />For the Recovery of the Endangered Fishes of the Yampa River Basin <br />And the Continuation of Existing Human Water Uses and Future Water Development <br />ENTERED BY <br />Colorado Department of Natural Resources, Wyoming State Engineer's Office, and the <br />U.S. Fish and Wildlife Service <br /> <br />e <br /> <br />1.0 The purpose of this Cooperative Agreement (Agreement) is to set forth our intent to implement <br />a Management Plan (Plan) for the Yampa River as a component of the Upper Colorado River <br />Endangered Fish Recovery Program (Program). <br />1.1 The Plan shall be designed to facilitate compliance with the federal Endangered Species Act <br />(ESA) for existing depletions in Colorado and Wyoming and 50,000 acre-feet of new depletions in <br />Colorado and acre-feet of new depletions in Wyoming. <br />1.2 The Plan shall primarily address the augmentation of base flows and management of nonnative <br />fish populations for the benefit of the endangered fishes. <br />1.3 This Plan shall apply only to the those projects that deplete water from the Yampa River and its <br />tributaries in Colorado and Wyoming. <br />1.4 The Fish and Wildlife Service (FWS) will initiate formal intra-Service consultations pursuant <br />to Section 7(a)(2) of the Endangered Species Act in response to this Agreement. The product of <br />this consultation will be a Programmatic Biological Opinion (PBO) for the Yampa River Basin that <br />will evaluate the ability of the Program and the Plan to serve as the "Reasonable and Prudent <br />Alternative" for those actions that would otherwise jeopardize the continued existence of the <br />endangered fishes if the Program and Plan did not exist. <br />1.5 This Agreement will become effective on the date the approving officials of the respective <br />parties sign the Agreement. The execution of this Agreement will indicate that the parties have the <br />necessary authorization to implement the Plan. <br />1.6 Except as noted in Section 1.8 below, this Agreement shall remain effect until the year 2045 or <br />until authorized increment(s) of future depletions are fully developed, whichever occurs first. <br />1.7 This Agreement may be amended by mutual agreement of all parties hereto and may be <br />tenninated at any time by mutual agreement or by 30-day advance written notice by anyone of the <br />parties. The parties recognize that such modification or tennination may require that formal <br />consultations under Section 7(a)(2) of the ESA be reinitiated for any actions covered by this <br />Agreement and Plan. <br />1.8 This agreement cannot, and does not, in any way diminish or detract from or add to the ultimate <br />responsibility of the FWS to administer and abide by the provisions of the ESA, National <br />Environmental Policy Act, or other applicable laws. <br />1.9 The parties recognize that certain funding commitments may be subject to approval by the <br />respective State's General Assemblies and the U.S. Congress. <br />1.10 The parties recognize the need for significant public input from citizens within the Basin(s) <br />and shall undertake to develop a cooperative process to evaluate the Plan, the PBO and future <br />implementation actions, while continuing to work with and support the existing Yampa River Basin <br />Partnership. <br /> <br />e <br />