MoA for Implementation and Operative of PRRIP

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WHEREAS, Colorado may not have adequate funds available to meet the entire cash contribution and other expenditures rc;quired by the PRRIP; and, WHEREAS, water users within Coloiado formed SPWRAP for the purposes of: 1) assisting in the operating anci adensnistering the Colorado Program; and, 2) raising fcinds to assist in meeting Colorado's monetary obligatinns under the PRRIP; and, WHEREAS, it is appropriate for water users in the South Platte River Basin, through SPWRAP, to work as a partner with DNR in the management of the Colorado Program and the direction of PRRIP; and, WHEREAS, the partnership bctwcen SPWRAP and DNR may include sharing sorne of the costs associated with the PRRiP; and, WHEREAS, there are Species oF Special Concern within the Ylatte River basin, which have not yel been listed as endangered or threatened under the ESA, and re-regulation of water within Colorado may provicle habitat enhancements for such Species of Special Concern; and, WIIFREAS, D;VR and SPWRAP desire to establish, to the extcnt possible, how PRRIP obligations will bc mct, and how dccisions rclating thcrcto will bc made: 1\OW THEREFORE, the Parties hereby agree as fallows: 1. Tenn. This MoA shall remain in effcct until the eartier of the follawing: a) the PRRIP is terminated; b} tiic end of the "First Increment" of the PRRIP, including extensions of the First Increment; c) it is superceded by a subsequent written agreemcnt between DNR and SPWRAP addressir:g the subject mattc;r of this agrcement; or, d) pcrformance by either Party becomes impossible. 2. Pcrformance af Colorado's Obli at?ions. DNR and SPWRAP agree to cooperate with regard to the PRRIP as set forth below, in order to streamline the activities associated with the PRRIP as dcscribed hercir:. This MuA does not in any way affect, changc, or mociify the authorizations that are exclusively and explicitly reserved for the signatories in thc PRRIP. a. Operating Cammittee. The Parties acknowledge that many of the decisior.s required for implemen:ation of the PRRIP cannot be made at this time, and will require an ongoing process of evaluation. The Parties agree to create a Operating Committee to formulate recommendations upon which llNR and SPWRAP car jointty reach decisions: i The 4perating Committee wili be composed of persons madc available by the State and SPWRAP. Participation in the Operating Committce will not be limited to a prescribed number of individuals, and the persons participating may vary from one meeting to another depending on the knowledge and 2 SPWRAP-DNK MoA i 1-t4-()6