BOARD00040 ‎(2)‎

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

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For Negotiation Purposes

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MoA, the Colorado Water Conservation Board, the Division of Wildlife, and
SPWRAP will each designate a primary and an alternate Operating
Committee contact person, and these individuals will coordinate meetings of
the Operating Committee. The Operating Committee may choose to create
subcommittees to focus on certain subject areas if it determines that doing so
is advisable.

11 It is anticipated that on most issues the Operating Committee will be able to
reach a consensus, and such determinations will be ratified by DNR and
SPWRAP. In the event the Operating Committee is unable to reach a
consensus, appropriate members of the Operating Committee will present the
competing solutions or determinations to the Director of the DNR and the
SPWRAP board. DNR and SPWRAP will then agree on a resolution of the
issue. Through this procedure, ultimately, all decisions will be made by
consensus.

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b. Water Obligations Associated With The Colorado Program. The proposed
program to re-time or re-regulate flows in the lower South Platte River is an
important element of the PRRIP within Colorado. The Parties will agree upon a
plan for meeting Colorado's re-regulation obligations (the "Water Projects Plan")
based on recommendations of the Operating Committee. The Parties
acknowledge that the Water Projects Plan may evolve over the course of the First
Increment, nevertheless, the Parties will seek to have an initial Water Projects
Plan in place by [date]. The Operating Committee will also develop an
appropriate means of documenting the Parties agreement on the initial Water
Projects Plan, including amendments thereto. Further agreements between DNR
or sub-agencies within DNR, SPWRAP and perhaps third parties may be entered
to implement the Water Projects Plan.

One such anticipated further agreement involves the Colorado Division of
Wildlife ("CDOW") pertaining to the use of the Tamarack Ranch State
Wildlife Area and the Pony Express State Wildlife Area, along with certain
wells and related recharge facilities located thereon. SPWRAP and DNR
acknowledge that use of these facilities for PRRIP purposes cannot violate the
requirements of the Pittman-Robertson Wildlife Restoration Act by interfering
with the primary use and management of the properties for the wildlife
purposes by the CDOW.1

11 An annual operating plan describing all of Colorado's re-regulation activities
and demonstrating compliance with Colorado's PRRIP obligations must be
submitted to the PRRIP Governance Committee in October of each year. The
Operating Committee will annually develop a draft of this plan for

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I These SW As were acquired, in part, with funds provided through the Pittman-Robertson Wildlife
Restoration Act and pursuant to C.R.S. 33-1-117, the State of Colorado assented to manage the SW As in
accordance with said Act and the rules and regulations promulgated by the Secretary of the U.S.
Department of Interior ("USDO!").

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SPWRAP-DNR MoA 08-14-06