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<br />~ <br />'I <br />I <br />I <br />\ <br />I <br />! <br />I <br />i <br />I <br />( <br /> <br />Cooperative Agreement. FWS agrees to request the federal action agency to <br />make provision for the changed circumstances that will exist if a Progrilm is <br />implemented and to includ,e the provisions of Paragraph n.B in the event a <br />Program is not implemented or terminates and provisions of Paragraph VITI. C <br />in the event this Cooperative Agreement terminates prematurely. <br /> <br />a. For new water related activities with depletions greater than 25 acre <br />feet per year, FWS agrees to recommend replacing the consumptive use <br />. below the diversion point within the state in which the depletion occurs. <br />Timing of replacement water will be outside of the irrigation season and <br />at a time of shortage for the species. Because the consumptive use will <br />be replaced during the term of this Cooperative Agreement, there will.be <br />no land component in reasonable and prudent alternatives for new <br />depletions greater than 25 acre feet. <br /> <br />b. For new water related activities with depletions of 25 acre feet or <br />less annually, FWS agrees to recommend reasonable and prudent <br />alternatives pursuant to the June 13, 1996 biological opinion on minor <br />water depletions. To the extent they contribute to the land acquisition <br />and restoration purposes of a Program, payments made or measures <br />undertaken by or on behalf of such signatories shall be credited to the <br />state in which the water related activity is occurring at the inception of a <br />Program. . <br /> <br />4. Notwithstanding Paragraph VITI.A.2, the ESA responsibilities for the <br />Federal Energy Regulatory Commission ("FERC") Projects Nos. 1417 and 1835 <br />will be those adopted by FERC in new licenses issued for such projects. The <br />signatories agree to recommend to FERC that license conditions should be <br />consistent with this Cooperative Agreement and a Program. Payments made or <br />measures Undertaken by such projects shall be credited to Nebraska at the <br />inception of a Program. <br /> <br />5. During the term of this Cooperative Agreement, FWS agrees that for all <br />water related activities described in Paragraphs VITI.A.l, 2, 3 and 4 the <br />reasonable and prudent alternatives shall define the actions to be undertaken by <br />the activity's proponent. FWS agrees to request the National Fish and Wildlife <br />Foundation, which will administer funds paid pursuant to Paragraphs VITI. 1 , 2 <br />and 3, to expend the funds for water mitigation for water related activities in the <br />state in which such activity occurs. Reasonable and prudent alternatives also <br />will include a recommendation to the federal action agency for the non-federal <br />signatory to cooperate with and participate in activities undertaken under the <br />Cooperative Agreement and any Program subsequently implemented. During <br /> <br />7 <br /> <br />- <br />