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<br />OJ0783 <br /> <br />INTRODUCTION <br /> <br />On June 10, 1994, the Secretary of the Interior and the Governors of Colorado, Nebraska <br />and Wyoming entered into an agreement, called the "Platte River MOA," by which they <br />agreed to negotiate a program to conserve and protect the habitat of several species listed <br />as endangered under the Endangered Species Act (the "ESA"), These bird species -- the <br />interior least tern, whooping crane, and piping plover -- use and depend on the Central <br />Platte River Valley between Lexington and Chapman, Nebraska, Another fish species -- <br />the pallid sturgeon -- occupies the lower Platte River below its confluence with the <br />Elkhorn River in Nebraska, The land and water habitat in these areas has been altered by <br />a combination of events, including flow alteration as a result of upstream water <br />development, and land uses in Nebraska, <br /> <br />The Platte River MOA was premised on the belief that by developing a cooperative, <br />basinwide program to help these species, the three states and the Department of Interior <br />could accomplish more, and resources could be used more effectively, than could <br />otherwise be accomplished if the ESA's regulatory mechanisms were applied on a <br />permit-by-permit basis" The MOA also provided that the program would allow upstream <br />water development and use to continue" <br /> <br />Since that time, the states and Interior, with active participation by water user and <br />environmental representatives, have been negotiating the program" (The environmental <br />representatives left the negotiations, but the Department of Interior has kept them abreast <br />of developments in the negotiation process,) After a long and sometimes difficult <br />negotiation over the course of three years, the negotiators' have reached agreement in <br />principle (the "Program Agreement")" <br /> <br />The Program Agreement consists of a number of component parts, which total <br />approximately 150 pages in length, This briefmg will summarize the major elements of <br />the Agreement, but of course cannot address all of the provisions, nor can it speak for the <br />document itself. This briefing is for informational purposes only" <br /> <br />BACKGROUND - THE ESA, AND COLORADO'S INTEREST IN SIGNIFICANT <br />EVENTS THAT AFFECT THE DEVELOPMENT OF A PROGRAM <br /> <br />The ESA. The ESA has been called the most powerful environmental law in existence, <br />The Act is invoked when the U,S, Fish and Wildlife Service (the "FWS") "lists" a species <br />as endangered or threatened" This means that the species is in danger of extinction, or is <br />likely to become endangered within the foreseeable future, Once a species is listed, all <br />federal agencies must take affirmative measures to bring the species to a point at which <br />listing is no longer necessary" Additionally, any federal agency which takes any action, <br />or issues any permit to a private party (a "federal action agency"), must consult with the <br />