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WHEREAS, Colarado may not have adequate funds available to meet the entire cash contribution and other expenditures required by the PRRIP; and, PVHFREAS, water users within Colorddo iFormed SPWRAP for the purposes of: l) assisting in the ogerating and administering the Colorado Program; and, 2) raising funds to assist in meeting Colorado's moneEary obligations under the PRRIP; and, WHEREAS, it is appropriate for water users in the South Platte River Basin, through SPWRAP, to work as a partner with DNR in the management of the Colorado Program und the ciirection of PRRIP; and, WHERF.:AS, the partnership betwecn SPWRAP and DNR may include sharing some of the costs associated with the PRRIP; and, WHERI:AS, there are Species of Special Concern within the Platte River basin, which have not yet been listed as endangered ar 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 possibie, how PRRIP obligations will be mct, and how dccisions relating thereto will be made: NOW THEREFORE, the Parties hereby agree as follows: L Term. This MoA shall remain in cffect until the earlier of the following: a) the PRRIP is terminated; b) the end of the "First Increment" of the PRRI]P, including extensions of the First Inerement; c) it is superceded by a subsequeni written agreement betwccn DNR and SPWRAP addressing the subject matter of this agreement; or, d) performance by either Party becomes impossible. 2. Performance of Colorado's Obli at? ions. DNR and SPWRAP agree to cooperate with regard to the PRRIP as set forth below, iin order to streamline the activities . ssa:iated with the PRRIP as described herein. This MoA does nat in any way affect, change, or mociify the audiorizations that are exclusively and explicitly reserveci for the signatories in the PRRIP. a. Operating Committee. The Parties acknowledge that many of the decisians required for implementation of the E'kR]P cannot be made at this time, and will require an ongoing process of evaluation. The 1'arties agree to create a Upcrating Committee to fonnulate recommendations upon which DNR and SPWRAP can jointly reach decisions: i The Operating Committee will be composed of persons madc availabic by the State and SPWRAP. Yarticipolinn in the Operating Committce will not be limitcd to a prescribed number of iodividuals, and the persons participating may vary from one meeting to another depending on the knowledge and 2 SPWRAP-UNR MoA ! i-t4-Qb