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B. At the option and sole expense of the CDOW, the ponds may be partially <br />lined to achieve wildlife management goals of the CDOW. Prior to undertaking <br />any such partial lining, CDOW will consult with other parties to this MOU and the <br />Operating Committee described in Paragraph on the amount and location <br />of the proposed partial pond lining. <br />VI. OPERATION AND MAINTENANCE OF FACILITIES <br />a. Operating Committee. <br />1. The Executive Director of the CDNR shall appoint an operating committee <br />consisting of representatives from the parties to this MOU, South Platte water <br />suppliers and representatives from South Platte water supplier entities such as <br />the Colorado Water Congress' Platte River Project. The Committee shall be <br />responsible for: <br />A. Producing the Development Report. <br />B. Developing an annual operation budget for project consfruction, operation <br />and maintenance. <br />C. Allocation of water credits generated from operation of the Project. <br />D. Allocating construction, operation and maintenance funds to the Operating <br />Entity. <br />b. Operating Entity. <br />A. The operation and maintenance of Project facilities will be accomplished <br />through a contract between CDOW and another entity acceptable to the <br />signatories of this MOU and the Operating Committee. Operation and <br />maintenance activities will be carried out with appropriate consultation with the <br />Operating Committee. <br />2. CDOW's agreement to allow the use of the SWAs for development and <br />operation of portions of the Tamarack Plan is not intended to increase CDOW's <br />cost of operating and maintaining the SWAs beyond levels existing as of the time <br />of the signing of the Cooperative Agreement. <br />VII. OWNERSHIP OF WATER RIGHTS AND FACILITIES <br />a. The water rights for Project facilities shall be decreed in the name of the State <br />of Colorado, Department of Natural Resource, Colorado Wildlife Commission, <br />Colorado Division of Wildlife. CDOW is not obtaining these water rights as an <br />agent of the operating entity. CDOW will own all the facilities constructed on the <br />SWAs pursuant to this MOU, whether or not it paid for initial construction, repair <br />and maintenance of these facilities. <br />5 Tamarack MOU - 2002