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acknowlcdgc that the effort required to develop the accounting pracess will be <br />substantial, and that in order ito ensure its timely completion, the Operating <br />Committee may hire subcontractors to assist with such development. This <br />proposed accounting ptocess will require the joint approval of I3NR and <br />SPWRAP. <br />3. Other Property Interests <br />a. This MoA does not grant to either Party any interest in real property. Moreover, <br />nothing in this MoA shall be construed to limit either Party's right or ability to <br />acquire other real property rights in the future. <br />b. To the extent money raised by SPWRAP is used to acquire propcrty rights or <br />conswct facilities, whether directly or througfi PRRIP and whether within or <br />without the barders of Colorado, the ownership of, or reversionary interests in, <br />such property and facilities shall remain in SPWRAP ta the extent permitted by or <br />consistent with the PRRIP. Specificatly, but no[ by way of limitation, SPWRAP <br />may purchase, lease or appropriate water or water rights in its own name for <br />purposes of ineeting Colorado Program obligations. Similarly, to the extent State <br />of Colorado money is used to acquire property rights vr construct facilities, <br />whether directiy or through P1Zf21!' and whether within or without the borders of <br />Colorado, the ownership of, or reversionary interests in, such prnpeRy and <br />facilities shall remain in Colorado to the exEent permitted by or consistent with the <br />PRR1P. Specifically, but not by way of limitation, Colorado may purchase, lease <br />or appropriate water or water rights in its own name for purposes of ineeting <br />Colorado Program obtigations. Acquisition of property interests by Coloracio and <br />SPWRAP jointly may occur in accordance with a separate Memarandum of <br />Agreement between the Partics. <br />4. Documentiition of ESA Czxnpliance. Water users who require federal authorizations <br />for Water-Related Activities may choose to rely on the Calorado Program to achieve <br />any necessary ESA compliance, or they may choose to develop other measures <br />individually. Because this MoA contemplates that some af the costs of the Colorado <br />ProgTam will be funded dircc:tly by SPWRAI', rather than as a gencral obligation ol' <br />Colorado, it is agreed that all water users who choose to rely on and directly benefit <br />from the Colorado Program should pay, through membership in SPWRAP, their fair <br />share of costs not funded by the legislaturc. 1'he U.S. Fish & Wildlife Service and <br />federal permitting agencies will require as a candition of any federal approval that <br />applicants, who arc rclyina on the Colorado I'rogram for ESA compliance, fulfill the <br />responsibilities required of prograrn parcicipants in Colorado, which includes <br />participation in SPWRAP. To ensure that such membership is obtained and <br />maintaincd by water users retying on the Colorado Program, SPWRAP will provide <br />to USFWS each year u certification that the proponents of water related activities who <br />rely on the Colorado Program for ESA campliance are current members in good <br />standing of SPWRAP. <br />6 SPWRAP-UNR MoA I 1-t4-06