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IID 1R<.AlF1I' For Negotiation Purposes . MEMORANDUM OF AGREEMENT FOR IMPLEMENT A TION AND OPERATION OF THE COLORADO PORTION OF THE PLATTE RIVER RECOVERY IMPLEMENT A TION PLAN This Memorandum of Agreement (MoA) is entered this _ day of , 200_, between the State of Colorado, Department of Natural Resources ("DNR"), and the South Platte Water-Related Activities Program, Inc. ("SPWRAP"), a non-profit corporation of the State of Colorado, (collectively hereinafter, the "Parties"): WHEREAS, the U.S. Department of Interior ("Dol") has listed as Threatened or Endangered the interior least tern, whooping crane, piping plover and pallid sturgeon (collectively hereinafter "Target Species"), and has designated certain areas of the Platte River in central Nebraska as critical habitat, all pursuant to the Endangered Species Act ("ESA"), 16 U.S.c. 1531 et seq.; and, WHEREAS, on July 1, 1997, Dol and the States of Colorado, Nebraska and Wyoming entered into a "Cooperative Agreement for Platte River Research and Other Efforts Relating to Endangered Species Habitats Along the Central Platte River, Nebraska," that envisioned the development of a recovery program for the Target Species that use the designated reach of the Platte River; and, . WHEREAS, Dol and the three states have developed the Platte River Recovery Implementation Program ("PRRIP") as defined by that agreement captioned the Platte River Recovery Implementation Program Cooperative Agreement ("PRRIPCA") dated [- --] and attached hereto, as Exhibit A; and, WHEREAS, the State of Colorado intends to undertake various obligations pursuant to PRRIP, including but not limited to re-timing of flows in the lower South Platte River within Colorado as well as providing money for program operations and studies in several reaches of the Platte River and its tributaries (collectively hereinafter, the "Colorado Program"); and, WHEREAS, one of the primary benefits of the PRRIP to Colorado is that Colorado's participation in the PRRIP avoids the imposition of costly, varying, and individualized "Reasonable and Prudent Alternatives" ("RP As") pursuant to the ESA on a piecemeal basis as each water-related activity requiring a federal permit or authorization undergoes a Section 7 Consultation; and, WHEREAS, the ability to assure ESA compliance for existing and new water uses, at an affordable cost and within a reasonable amount of time, is necessary for the economic growth, as well as the public welfare of the population in the Platte River Basin in Colorado; and, . WHEREAS, Colorado may not have adequate funds available to meet the entire cash contribution and other expenditures required by the PRRIPCA; and, 1 SPWRAP-DNR MoA 08-14-06