BOARD00040 ‎(2)‎

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

IIDIPUJIT
For Negotiation Purposes

timely completion, the Operating Committee may hire subcontractors to assist
with such development. This proposed accounting process will require the joint
approval ofDNR and SPWRAP.

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3. Other Property Interests

a. This MoA does not grant to either Party any interest in real property. Moreover,
nothing in this MoA shall be construed to limit either Party's right or ability to
acquire other real property rights in the future.

b. To the extent money raised by SPWRAP is used to acquire property rights or
construct facilities, whether directly or through PRRIP and whether within or
without the borders of Colorado, the ownership of, or reversionary interests in,
such property and facilities shall remain in SPWRAP to the extent permitted by or
consistent with the PRRIPCA. Specifically, but not by way of limitation,
SPWRAP may purchase, lease or appropriate water or water rights in its own
name for purposes of meeting Colorado Program obligations. Similarly, to the
extent State of Colorado money is used to acquire property rights or construct
facilities, whether directly or through PRRIP and whether within or without the
borders of Colorado, the ownership of, or reversionary interests in, such property
and facilities shall remain in Colorado to the extent permitted by or consistent
with the PRRIPCA. Specifically, but not by way of limitation, Colorado may
purchase, lease or appropriate water or water rights in its own name for purposes
of meeting Colorado Program obligations. Acquisition of property interests by
Colorado and SPWRAP jointly may occur in accordance with a separate
Memorandum of Agreement between the Parties.

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4. Documentation of ESA Compliance. Water users who require federal authorizations
for Water-Related Activities may choose to rely on the Colorado Program to achieve
any necessary ESA compliance, or they may choose to develop other measures.
Because this MoA contemplates that some ofthe costs of the Colorado Program will
be funded directly by SPWRAP, rather than as a general obligation of Colorado, it is
agreed that that all water users who choose to rely on and directly benefit from the
Colorado Program should pay, through membership in SPWRAP, their fair share of
costs not funded by the legislature. The U.S. Fish & Wildlife Service and federal
permitting agencies will require as a condition of any federal approval that applicants
fulfill the responsibilities required of program participants in Colorado, which
includes participation in SPWRAP. To ensure that such membership is obtained and
maintained by water users relying on the Colorado Program, Colorado will provide to
USFWS each year a certification that the proponents of water related activities who
rely on the Colorado Program for ESA compliance are current members in good
standing of SPWRAP. Such certifications may be made by DNR after obtaining
written documentation from SPWRAP, or if requested by DNR, SPWRAP may make
such certification to USFWS directly.

5. General Terms and Provisions

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SPWRAP-DNR MoA 08-14-06