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Memorandum of Understanding <br />For the <br />Planning, Development and Operation of the Managed Groundwater Recharge <br />Facilities on <br />State Wildlife Areas located in the Lower South Platte River <br />This Memorandum of Understanding (hereinafter referred to as "MOU ") is <br />made this /j- day of, 2009, by and between the Colorado <br />Department of Natural Re ounces Executive Director's Office (hereinafter <br />referred to as "CDNR ") and the Colorado Division of Wildlife (hereinafter referred <br />to as "CDOW "), and the South Platte Water Related Activities Program, Inc. <br />(hereinafter referred to as "SPWRAP" or "Contractor ". <br />WHEREAS, the Department of Interior and the three states have <br />developed the Platte River Recovery Implementation Program ( "PRRIP ") which <br />Program commenced on January 1, 2007. <br />WHEREAS, the primary purpose of the PRRIP is to implement certain <br />aspects of the U.S. Fish and Wildlife Service's recovery plans for target species <br />related to those species' associated habitats; and <br />WHEREAS, these purposes include, among other things, development <br />and implementation of certain water management, conservation and supply <br />measures as set forth in the PRRIP; and <br />WHEREAS, a further purpose of the PRRIP and a major goal of the State <br />of Colorado is to prevent the need to list more basin associated species pursuant <br />to the Endangered Species Act (ESA) and to provide regulatory certainty as <br />described in the PRRIP; and <br />WHEREAS, CDNR has entered into a Memorandum of Agreement with <br />SPWRAP regarding the coordination of efforts between the State and water <br />users to meet PRRIP obligations, one component of those obligations being the <br />re- regulation of specified volumes of water in the South Platte River within <br />Colorado, captioned "Memorandum of Agreement for Implementation and <br />Operation of the Colorado Portion of the Platte River Recovery Implementation <br />Plan" (°`CDNR- SPWRAP MoX); and <br />WHEREAS, PRRIP describes a water re- regulation project using <br />managed groundwater recharge in the lower South Platte River Basin in <br />Colorado for supplying Colorado's water contribution to the Program known as <br />the "Water Projects Plan" and portions of the Water Projects Plan were <br />envisioned to be located on the Tamarack State Wildlife Area (TRSWA) and the <br />Pony Express State Wildlife Area (PESWA), collectively known as "SWAs ", <br />Tamarack MOU <br />