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<br />~ <br />I <br />) <br />1 <br />J <br />I <br />( <br /> <br />I <br />,I <br />i <br />j <br />I <br />r <br />, <br /> <br />\ <br /> <br />\ <br /> <br />for purposes of anministrative or judicial appeals. FWS further believes that no person <br />or entity should be deemed to have waived or relinquished any right to challenge the <br />legal, scientific, or technical valid~ty of any aspect of the new biological opinion or <br />-agency-actien-by-virtue-of-its-aeeeptance-of-or--its-relianee-en-this--Geeperative------ <br />Agreement, or by virtue of its support for this Cooperative Agreement in other judicial <br />or anmini~trative proceedings. In developing any new reasonable and prudent <br />alternative, FWS agrees to give credit for any contributions by the owner or operator of <br />the water related activity made pursuant to this Cooperative Agreement. <br /> <br />E. Any person or entity undertaking a water related activity described in Paragraph <br />VITI.A.I, 2, 3 or 4 must agree to inclusion of reopening authority by the federal action <br />agency in its funding or authorization documents and must agree to request amendments <br />by the federal action agency as needed to conform its federal authorization to any <br />agreed upon Program. Notwithstanni1\g Paragraph n.C.2, the states shall not be <br />restrained from taking a position adverse to one another in anmini~trative or judicial <br />prQl'....Aings to compel the action agency to include reopening authority in any such <br />federal funding or authorization. <br /> <br />IX. <br /> <br />GOVERNANCE STRUCTURE <br /> <br />Following the execution of this Cooperative Agreement, a Governance Committee is to <br />be established to review, direct, and provide oversight for the activities undertaken <br />'.underthisCooperative Agreement except-as provided by Paragraphs-Vll-and VIII-of. <br />this Cooperative Agreement. <br /> <br />A. Membership. The Governance Committee will consist of the following <br />members: <br /> <br />1. one member per signatory state. to be selected by the Governor of that <br />state; <br /> <br />2. two federal members, to be selected by the Secretary of the Interior, one <br />representing FWS and one representing the Bureau of Reclamation ("BOR"); <br /> <br />3. two environmental members representing the environmental entities in <br />the three states, to be selected by those entities; <br /> <br />4. one member representing water users on the North Platte River in <br />Wyoming and also water users in Nebraska above Lake McConaughy who have <br />storage contracts for water in the federal reservoirs in Wyoming, to be selected <br />by those users; <br /> <br />9 <br />