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Memorandum of Understanding <br />For the <br />Pianning, Development and Operation of the Managed Groundwater Recharge <br />Facilities on <br />State Wi{d{ife Areas located in the Lower South Platte River <br />This Memorandum of Understanding (hereinafter referred to as "MOU") is <br />made this day of, 2002, by and befinreen the Colorado <br />Department of Natural Resources Executive Director's Office (hereinafter <br />referred to as "CDNR") and the Colorado Division of Wildlife (hereinafter referred <br />to as "CDOW"), the Colorado Division of Water Resources (hereinafter referred <br />to as "CDWR"), the Colorado Water Conservation Board (hereinafter referred to <br />as "CWCB"). WHEREAS, on July 1, 1997, the State of Colorado signed a"Cooperative <br />Agreement for Platte River Research and Other Efforts Relating to Endangered <br />Species Habitats Along the Central Platte River, Nebraska" (Cooperative <br />Agreement) with the U.S. Department of Interior, the State of Nebraska, and the <br />State of Wyoming; and <br />WHEREAS, the purposes of the Cooperative Agreement is to implement <br />certain aspects of the U.S. Fish and Wildlife Service's recovery plans for target <br />species that relate to their associated habitats; and <br />WHEREAS, these purposes include, among other things, development <br />and implementation of certain water management, conservation and supply <br />measures as set forth in Attachment I, "Milestones for the Cooperative <br />Agreement" and in Attachment II, "Water Conservation/Supply Components"; and <br />WHEREAS, a further purpose of the Cooperative Agreement and the <br />Proposed Platte River Recovery Implememtation Program (Program) and a major <br />goal of the State of Colorado is to prevent the need to list more basin associated <br />species pursuant to the Endangered Species Act (ESA) and to provide regulatory <br />certainty as described in Attachment Ill "Proposed Platte River Recove.ry <br />Implementation Program"; and <br />WHEREAS, Appendix A, Tab 3A and 3B of the Cooperative Agreement <br />describes a water re-regulation project using managed groundwater recharge in <br />the lower South Platte River Basin in Colorado for supplying Colorado's water <br />contribution to the Program known as the "Tamarack Plan" and portions of the <br />Tamarack Plan were envisioned to be located on the Tamarack State Wildlife <br />Area (TRSWA) and the Pony Express State Wildlife Area (PESWA), collectively <br />known as "SWAs", owned and operated by the CDOW for wildlife management <br />and wildlife habitat protection purposes; and <br />Tamarack MOU - 2002