Tamarack MOU 2002

• File Number: 8461.250
• Description: Water Issues
• State: CO
• Basin: South Platte
• Water Division: 1
• Author: CDNR, Colorado Division of Wildlife, Colorado Division of Water Resources, CWCB
• Title: Tamarack MOU 2002
• Water Supply Pro - Doc Type: Contract/Agreement

WHEREAS, pursuant to Section 24-33-111, C.R.S., the Species Conservation
Trust Fund (SCTF) has been created in the state treasury to fund programs
designed to conserve native species that have been listed as threatened or
endangered under state or federal law, or are candidate species, or are likely to
become candidate species, as determined by the U.S. Fish and Wildlife Service;
and
WHEREAS, adequate long term funding for the development and operation of
the Project from the SCTF or other potential sources is critical to achieving the
goals of the State of Colorado; and
WHEREAS, this MOU sets forth the understanding befinreen the parties regarding
planning, development and operation of the Project;
NOW THEREFORE, it is hereby agreed that:
1. PLANNING
1. The parties envision that development of the Project will proceed in
accordance with the proposed action described in the EA (hereafter called the
"Development Plan") for a recharge project located on the TRSWA and PESWA.
The Development Plan shows various development phases along with the
proposed locations of all Project features including wells with pumps, pipelines,
and recharge ponds. The Project is envisioned to pump an average of 30,000
acre-feet of water annually into recharge ponds that will re-regulate these flows
back to the South Platte River to meet goals and objectives of the Stafe of
Colorado.
2. If implementation of the Tamarack Plan requires construction of facilities in
SWAs other than the TRSWA or PESWA, or construction of water recharge
facilities materially deviates from the Development Plan described in the EA, the
parties hereto shall ensure that such construction complies with the P-R and with
USDOI rules and regulations as provided in C.R.S. § 33-1-117.
3. If material changes from the Development Plan for the Project are expected or
development is anticipated to take place on other SWAs, the Operating
Committee discussed in this agreement will provide a revised Development Plan.
CDOW will review the revised Development Plan and, if appropriate, initiate
action to secure necessary permits and approvals.
II. DEVELOPMENT REPORT
1. Within 90 days of full execution of this Memorandum of Understanding, the
Operating Committee described in Paragraph IV, will prepare a"Development
Report" to the CDNR Executive Director that will contain an estimate of the cost
3 Tamarack MOU - 2002