MoA for Implementation and Operative of PRRIP

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MEMORANDUM OF AGRF.F.MF.NT FOR IMPLEMENTATION AND OYERATInN OF THE COLORADO PORTION OF THE PLAT'i'E RIVER RECOVERY 1MPLEMENTATION PLAN This Memorandum of Agreement (MoA) is entered this ? t clay ot' ?'? ???•r-?: , 2006, t between the State of Colorado, Department of Nawral Itesnurces (`'llti'It"), and tt2e South Platte Water-Reiated Activiries Program, Inc. ("SPWRAP"), a non-pmfit corporation of the State of Coforado, (collectively hereinafter, the "Parties"): WHEREAS, thc U.S. Aepartment of Interior ("DoI") has listcd as Thrcatened or Endangered the interior least tern, whooping cranc, piping plover and paliid sturgeon (collectively hereinafter "Target Species"), and has designated certain areas of the Platte River in central Nebraska as critical habitat, all pursuunt to the Entlan;ered Species Act ("ESA"), 16 U.S.C. 1531 et seq.; and, WHEREAS, on July 1, 1997, DoI and the States of Colorado, Nebraska and Wyoming entered into a"Cooperative Agrecmcnt for Platte Rivcr Research and Other Efforts Relating to Endangered Species Habitats Along the Central Platte River, Nebraska," that envisioned the development nf a Basinwide, cooperative, recovery implementation program for the Target Species using the Central and Lower Platte River in NeUraska; and, WHEREAS, DoI and the three states have developcd the Platte River Recovcry Implementation Program as defined by the Platte River Recovery lmplementation Program Coopcrative Agreement dated 4r,r,r Z2001 and incorporated herein by reference (collectively referred to as PRRIP); and, W HEREAS, the State of Colorado intends to undertake various abligations pursuant to PRRIP, including but not limitcd to re-timing of flows in the lower South Platte River within Colorado as well as providing money for program operations and studies in the Central and I.ower reaches of the Platte River (collectively hereinafter, the "Colorado Program"); and, WHEREAS, one of the primary benefits of thc PRRIP to Colorado is that Colorado's participation in the PRRIP avoids the imposition of cosdy, varying, and individualized "ReaSOnable and Prudent Alternatives" ("Rl'As") pursuant to the ESA on a picccmeal basis as euch water-reluteci activity requiring a federal permit or authvrization undersoes a Sec:tion 7 Consultation; and, WHEREAS, the ability to assure ESA compliance for existing and new water uscs, at an affordabie cost and within u reasonable amount of time, is necessary for the ecunomic growth, as wcll as the public welfare of the population in the Platte River Basin in Colorado; and, SPWRAP-DNR MoA I 1-1406