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<br />000188 <br /> <br />existed during the negotiation of the Program Agreement These permittees will pay to <br />the FWS an annual charge of $_ for each acre-foot of consumptive use associated with <br />their projects. This money will be used to buy water that will help bring Platte River <br />flows toward the target flows. <br /> <br />Water users seeking new permits will also be assured of interim compliance with the <br />ESA, by replacing the consumptive use of their water projects on an annual basis during <br />the Cooperative Agreement period. Water users with projects that will consume 25 acre <br />feet or less must comply with the FWS's minor depletions policy" which involves <br />payment of an annual charge of $ per acre foot of consumptive use, <br /> <br />Establishine the Program The Cooperative Agreement provides that at the end of the <br />ESA and NEPA review period, the states and Interior will enter into a new agreement that <br />will formally establish the Program, Based on the results of the NEPA and ESA review, <br />the FWS may determine that the proposed program is inadequate, or must be modified, to <br />serve its pwposes" In that event, the states and FWS will need to renegotiate the <br />program. If the parties do not enter into an agreement establishing a program, or if the <br />parties do not complete the activities required under the Cooperative Agreement, the <br />FWS may reinitiate its original consultation on any and all permits and activities that <br />have relied on the interim protections offered under the Cooperative Agreement <br /> <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 <br />Committee, composed of representatives of the states, Department of Interior, water users <br />and environmental organizations" The Governance Committee will oversee activities <br />under the Cooperative Agreement, and will serve as a forum for dispute resolution. <br /> <br />Nebraska v" Wvoming" One of Colorado's key concerns has been the interrelationship of <br />the litigation in Nebra~ka v, Wyoming with the Cooperative Agreement and the Proposed <br />Program" To resolve this issue, the parties agreed that: (I) any party may withdraw or <br />seek renegotiation of the Cooperative Agreement based on the outcome of the litigati9n,_ ' <br />(2) if any party withdraws, the FWS will reinitiate ESA consultation on all permits that <br />have relied on the Cooperative Agreement, (3) the litigation is an inappropriate forum to <br />establish specific flow requirements for the habitat, and (4) Nebraska will not assert <br />positions adverse to the other states or water users in those states on issues related to the <br />listed species or their habitat <br /> <br />Colorado's Obligations" During the Cooperative Agreement period, Colorado must <br />undertake the following activities (Also see Attachment I): <br /> <br />. Pay $300,000 per year to fund activities under the Cooperative Agreement (a total <br />of $900,000), $100,000 per year of which will help fund a water <br />conservation/water supply study to identify sources of water in the three states to <br /> <br />7 <br />