BOARD00040 ‎(2)‎

• Board Meeting Date: 9/20/2006
• Description: WSP Section - Platte River Cooperative Agreement
• Board Meetings - Doc Type: Memo

IID J1'?Jill1I'
For Negotiation Purposes

WHEREAS, a group of water users within Colorado formed SPWRAP for the purposes
of: 1) assisting in the operating and administering the Colorado Program; and, 2) raising
funds to assist in meeting Colorado's monetary obligations under the PRRIP; and,

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WHEREAS, it is appropriate for water u~ers in the South Platte Basin, through
SPWRAP, to work as a partner with DNR in the management of the Colorado Program
and the direction ofPRRIP; and,

WHEREAS, the partnership between SPWRAP and DNR may include sharing some of
the costs associated with the PRRIP; and,

WHEREAS, there are Species of Special Concern within the Platte River basin, which
have not yet been listed as endangered or threatened under the ESA, and re-regulation of
water within Colorado may provide habitat enhancements for such Species of Special
Concern; and,

WHEREAS, DNR and SPWRAP desire to establish, to the extent possible, how PRRIP
obligations will be met, and how decisions relating thereto will be made:

NOW THEREFORE, the Parties hereby agree as follows:

1. Term. This MoA shall remain in effect until the earlier of the following: a) the
PRRIP is terminated; b) the end of the "First Increment" of the PRRIP, including
extensions of the First Increment; c) it is superceded by a subsequent written
agreement between DNR and SPWRAP addressing the subject matter of this
agreement; or, d) performance by either Party becomes impossible.

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2. Performance of Colorado's Obligations. DNR and SPWRAP agree to cooperate with
regard to the PRRIPCA as set forth below, in order to streamline the activities
associated with the PRRIPCA as described herein. This MoA does not in any way
affect, change, or modify the authorizations that are exclusively and explicitly
reserved for the signatories in the PRRIPCA.

a. Operating Committee. The Parties acknowledge that many of the decisions
required for implementation of the PRRIP cannot be made at this time, and will
require an ongoing process of evaluation. The Parties agree to create a Operating
Committee to formulate recommendations upon which DNR and SPWRAP can
jointly reach decisions:

The Operating Committee will be composed of persons made available by the
State and SPWRAP. Participation in the Operating Committee will not be
limited to a prescribed number of individuals, and the persons participating
may vary from one meeting to another depending on the knowledge and
expertise needed for the issues then being addressed. However, in order to
create some level of continuity, within 30 days following the execution of this

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SPWRAP-DNR MoA 08-14-06