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MEMORANDUM OF AGREEMENT FOR IMPLEMENTATION AND OPERATION OF THE COLORADO PORTION OF THE PLATTE RIVER RECOVERY IMPLEMENTATION PLAN iL This Mcmorandum of Agrecment (MoA) is entered this I 1 day of ???e,?1?f- , 200G, between the State of Colorado, Department of Natural Resources ("DNR"), and the South Platte Water-Related Activities Pragram, Inc. ("SPWRAP"), a non-profit corgoration of the 5tate of Colorado, (collective(y hereinafter, the "Parties"): WHEREAS, the U.S. Departmcnt of Interior ("DoI") has listed as Threatcned or Endangered the interior [east tern, whooping cranc, piping plover and paliid sturgeon (collectively hereinafter "Target Species"), and has designated certain areas of the Platte River in centrat Nebraska as critical habitat, all pursuant to the Endangered Species Act ("ESA"), 16 U.S.C. 1531 et seq.; and, WHEREAS, on July l, 1997, DoI and the Stdtes of Colorado, Nebraska and Wyoming entered into a"Cooperative Agreement for Platte River Research und Other Efforts Relating to Endangered Species Habitats Along the Central Platte River, Nebraska," that envisioned the development nf a Basinwide, cooperative, recovery implementation program for the Target Species using the Centrdl and Lower Platte River in Nebraska; and, WHEREAS, Dol and the three states have developcd the Platte River Recovery implementation Program as defined by the Platte Rivcr Recovery lmplementation Program Cooperative Agreement daled 0, t,,txr 1 4j200& and incorparated herein by reference (collectively referred to as PRRIP); and, WHEREAS, the State of Colorado intends to undertake various obligations pursuant to PRRIP, including but not jimited to re-timing of flows in the {ower South Platte Rivcr within Colorado as well as providing money for program operations and studies in the Central and I.ower reaches of the P(atte River (collectively hereinafter, the "Colorado Program"); and, WHEREAS, one of the grimary 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 Ai:ernatives" ("RPAs") pursuant to the ESA on a pieccmeal 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 neccssary for the ecunomic growth, as well as the public welfare of the population in thc Platte River Basin in Colorado; and, SPWRAP-DNR MoA 11-14-06