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SPWRAP-DNR MoA
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Last modified
1/26/2010 4:37:52 PM
Creation date
6/8/2009 11:39:26 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8461.400
Description
SPWRAP
State
CO
Basin
South Platte
Water Division
1
Date
11/17/2006
Author
DNR, SPWRAP
Title
SPWRAP-DNR MoA
Water Supply Pro - Doc Type
Contract/Agreement
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acknowlcdgc that the effort required to develop the accounting process will be <br />substantial, and that in orcler to ensure its timely completion, the Operating <br />Committee may iiire subcontractors to assist with such development. This <br />proposed accounting process will require the joint approval of T)NR and <br />SPWRAP. <br />3. Other PropertYInterests <br />a. This MoA does not grant to either Pzrty any interest in real propcrty. Moreover, <br />nothing in this MnA shall be construed to Iimit either Party's right or ability to <br />acquire other real property rights in the future. <br />b. Ta the extent money raised by SPWRAP is used to acquire property rights or <br />construct facilities, whether directly or through ?RRIt and whether wpthin or <br />without the borders of Colorado, thc ownership of, or reversionary interests in, <br />such property and fiacilities sha(1 rctnain in SPWRAP to the extent permitted by or <br />consistent with the PRRIP. Specifica[ly, but nut by way of limitatian, SPWRAP <br />may purchase, lease or appropriate water or water rights in its awn name Cor <br />purposes of ineeting Colorado Prog,ram obligations. Similarly, to the extent State <br />of Colorado money is used to acquire property rights or construct facilities, <br />whcther direccly or through PRR1P and whether wiihin or without the borders of <br />Colorado, the ownership of, or reversionary interests in, such property and <br />facilities shall remain in Colorado to the extent permitted by or consistcnt with the <br />PRItIP. Specifically, but not by way of limitation, Calorado may purchase, lease <br />or appropriate water or water righm in its own name for purposes of ineeting <br />Colorado Program obligations. Acquisition of property interests by Coiorado and <br />SPWRAP jointly may occur in accordance with a separate Memorandum of <br />Agreement between the Partics. <br />4. Documentation of F.SA C'ompliance. Water users who rcquirc federal authorizations <br />for Water-Related Activities may choose to rely on the Colorado Program to achieve <br />any necessary ESA compliance, or they may choose to devetop othcr measures <br />indiviciually. Because this MoA contemplates that some af the costs of the Colorado <br />Program will be funcled directly by SPWRAP, rather ihan as a gencral obiigation of <br />Colorado, it is agreed that all water users who choose to rciy on and directly bencfit <br />from the Colorado Program should pay, through membership in SPWRAP, their fair <br />share of costs not funded by the legislature. 'I`he U.S. Fish & Wildlife Service and <br />federal permitting agencies will require as a condition of any fedcral approval that <br />applicants, who are rclying on the Colorada Program for ESA compliance, fulfill the <br />responsibilities required of program paixicipants in Colorado, which includes <br />participation in SPWRAP. To ensure that such membership is obtained and <br />maintained by water users relying on the Calorado Program, SPWRAP will provide <br />to USFWS each yedr u certification that the proponents of water related activities who <br />rety on the Colorado Program for ESA compliance are current membcrs in good <br />standing of SPWRAP. <br />6 SPWRAP-DNR MoA 1 t-14-06
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