MOU Planning, Development and Operation of the Managed Groundwater Recharge Facilities on State Wildlife Areas located in the Lower South Platte River

• Description: Memorandum of Understanding for the Planning, Development, and Operation of the Managed Groundwater Recharge Facilities on State Wildlife Areas located in the Lower South Platte River
• State: CO
• State: NE
• Basin: South Platte
• Water Division: 1
• Date: 4/19/2009
• Title: MOU Planning, Development and Operation of the Managed Groundwater Recharge Facilities on State Wildlife Areas located in the Lower South Platte River
• Water Supply Pro - Doc Type: Contract/Agreement

owned and operated by the CDOW for wildlife recreation, wildlife management
and wildlife habitat protection purposes; and
WHEREAS, these SWAs were acquired, in part, with funds provided
through the Pittman - Robertson Wildlife Restoration Act and pursuant to CRS 33-
1 -117, the State of Colorado assented to manage the SWAs in accordance with
said Act and the rules and regulations promulgated by the Secretary of the U.S.
Department of the Interior (USDOI); and
WHEREAS, in compliance with USDOI rules and regulations the CDOW
prepared applications to amend the Federal Aid Project Agreement to broaden
the management and use of the SWAs to allow for the development and
operation of those features of the Water Projects Plan envisioned to be located
on the SWAs, and would also benefit those SWAs by, inter alia, creating
additional wetland habitat on upland sites and by enhancing existing riparian
habitats along the river through increased groundwater return flows. In support
of the requested amendment, the CDOW prepared a "Final Environmental
Assessment for the Tamarack Managed Groundwater Recharge Project at
TRSWA and PESWA" dated August 3, 1999 (EA) that evaluated the
environmental consequences of the project on soils, hydrology, vegetation, fish
and wildlife, endangered or threatened species, recreation, cultural resources,
land use, and flood plains and wetlands; and
WHEREAS, based upon its review and evaluation of the EA and other
supporting documentation, the USDOI Fish and Wildlife Service issued a Finding
of No Significant Impact for the Tamarack Managed Groundwater Recharge
Project ( "Project ") on October 13, 1999 (attachment A) and approved
amendments to CDOW Applications for Federal Assistance for Project No. W-43-
L and W -159 -L involving the SWAs including the most recent amendments dated
October 15, 1999 involving the TRSWA and PESWA (attachment B); and
WHEREAS, water developed from the Project recharge facilities will be
used to assist in meeting diverse goals and objectives of the State of Colorado
that include protection and enhancement of current and future water needs in the
South Platte Basin in Colorado. These water needs include, but are not limited
to, water supplies for agricultural, municipal, domestic and wildlife management
purposes including declining fish and wildlife species within the Basin while
providing flows that benefit endangered species in the Platte River Basin in
Central Nebraska as described in the PRRIP and while protecting Colorado's
South Platte River Compact entitlement; and
WHEREAS, close coordination and cooperation between the parties to
this MOU on the planning, development, operation of the Project features and
administration of water rights associated with the Water Projects Plan, will be
necessary if the goals and purposes of the State of Colorado and the PPRIP are
to be achieved in the most efficient and timely manner; and
2 Tamarack MCU