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<br />000787 <br /> <br />OUTLINE OF THE PROGRAM AGREEMENT <br /> <br />The parties to the Program Agreement could not reach final agreement on a program, and <br />begin its implementation" This is because the FWS is legally required to consult on the <br />program under the ESA, and must also conduct compliance with the National <br />Environmental Policy Act (NEP A), which may require an environmental assessment or <br />environmental impact statement describing the program, alternatives to the program, and <br />the envirorunentai effects of those alternatives. Therefore, the Program Agreement <br />represents the agreement of the states and Interior on what will constitute the "proposed <br />alternative" for purposes of the NEP A analysis. This will allow for a full review of the <br />proposed program, with opportunities for public input It will also allow the states and <br />Interior to undertake studies and actions necessary to get the program up and running, <br /> <br />The states and Interior expect that the NEP A process will take about three years to <br />complete. Therefore, the parties needed to create a mechanism to allow existing permits <br />to remain in compliance with the ESA, and new federal actions to take place and permits <br />to be issued, during this period. <br /> <br />To accomplish this objective, the Program Agreement describes the obligations of the <br />parties during this three-year period" This is called the "Cooperative Agreement" <br />Attached to the Cooperative Agreement are several documents: <br /> <br />· a milestones document, describing obligations of the parties during the three year <br />Cooperative Agreement period; <br /> <br />. a water conservation/water supply document, describing studies needed to <br />develop water for program purposes; <br /> <br />· the proposed program, describing water supply and reregulation projects to <br />provide water to the habitat, and land, money and other contributions by the states <br />and Interior; and <br /> <br />. a governance document describing how the program will be run. <br /> <br />THE COOPERA TIVE AGREEMENT <br /> <br />The Cooperative Agreement describes what will happen during the three-year period <br />pending ESA and NEP A analysis by the FWS. <br /> <br />Regulatory Certainty. During the Cooperative Agreement period, Colorado water users <br />will have regulatory certainty under the ESA, as long as all specified activities are <br />completed" Water users with existing permits, induding those renewing existing permits, <br />will continue to be able to operate their projects under the same interim conditions that <br /> <br />" <br />