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b. CDOW will enter into a contract to lease water associated with these water <br />rights that is in excess of water needed for the purposes of the TRSWA and the <br />PESWA and an additional amount up to twenty percent (20%) of the total amount <br />of water associated with these water rights. [WHAT ABOUT LEASE RATES? <br />AT COST? DOES CDOW GET ALL LEASE REVENUE, OR ALL REVENUE <br />ABOVE PROJECT PUMPING/O&M COSTS? CAN CDOW DECIDE TO SELL <br />EXCE55 CREDITS TO HIGHEST BIDDER? OR DO WE NEED TO SPECIFY <br />TO WHOM CREDITS ARE TO BE LEASED? DO WE HAVE ENOUGH <br />CERTAINTY THAT ALL CREDITS THAT WILL USEFUL TO PROGRAM ARE <br />AVAILABLE TO PR06RAM?] <br />VIII. RESOLUTION OF ISSUES <br />1. Should CDOW raise specific issues with operations at the SWAs not <br />evaluated in the EA, the Operating Committee described in Paragraph IV shall <br />meet within 30 days to discuss such effiects and possible protective measures <br />that will prevent such effects. If the Operating Committee cannot reach <br />consensus, then the members of such Operating Committee may individually <br />submit a written description of the lack of consensus and possible courses of <br />action to the Directors of CDNR and CDOW. Said Directors shall meet as soon <br />as possible thereafter to discuss such lack of consensus and possible courses of <br />action. Following such meeting, the Director of CDOW shall decide upon an <br />appropriate course of action that, to the fullest extent possible consistent with the <br />State's obligations under the Pittma n- Robertson Act (P-R) and with USDOI rules <br />and regulations as provided in C.R.S. 33-1-117, allows for continued operations <br />and development of the Project. <br />IX. TERM <br />1. The initial term ofthis MOU will be through July 1, 2003. However, this MOU <br />shall automatically extend for the length of any future extension the State of <br />Colorado agrees to for the Cooperative Agreement. If the State of Colorado <br />agrees to the implementation of the Recovery Program or the state enters into a <br />"Colorado Only Program" with U.S. Fish and Wildlife Service for complying with <br />the Endangered Species Act requirements of the species of interest addressed in <br />the Cooperative Agreement, this MOU shall automatically extend for the length of <br />that Recovery Program or that "Colorado Only Program." <br />a. If at any time the recharge facilities cease to be used for, or are no longer <br />necessary for, implementation of the Recovery Program or a"Colorado Only <br />Program" for complying with the Endangered Species Act requirements of the <br />species of interest addressed in the Cooperative Agreement or any other species <br />subsequently listed under that Act, the parties to this MOU may continue to <br />operate the recharge facilities for a period ofi time, measured from the date of <br />execution of this MOA, not to exceed thirty years. <br />6 Tamarack MOU - 2002