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MOU Planning, Development and Operation of the Managed Groundwater Recharge Facilities on State Wildlife Areas located in the Lower South Platte River
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MOU Planning, Development and Operation of the Managed Groundwater Recharge Facilities on State Wildlife Areas located in the Lower South Platte River
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11/23/2010 11:23:34 AM
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Water Supply Protection
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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
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
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WHEREAS, pursuant to Section 24 -33 -111, C.R.S., the Species <br />Conservation Trust Fund (SCTF) has been created in the state treasury to fund <br />programs designed to conserve native species that have been listed as <br />threatened or endangered under state or federal law, or are candidate species, <br />or are likely to become candidate species, as determined by the U.S. Fish and <br />Wildlife Service; and <br />WHEREAS, adequate long term funding for the development and <br />operation of the Project from the SCTF or other potential sources is critical to <br />achieving the goals of the State of Colorado; and <br />WHEREAS, this MOU sets forth the understanding between the parties <br />regarding planning, development and operation of the Project; <br />NOW THEREFORE, it is hereby agreed that: <br />1. ORGANIZATION <br />A. The CDNR- SPWRAP MoA establishes an Operating Committee through <br />which decisions pertaining to PRRIP compliance will be made and <br />implemented. CDOW is a member of the Operating Committee. This <br />MOU clarifies CDOW's authority with respect to decisions and operations <br />in instances where State Wildlife Area lands or facilities are involved. <br />1. The Operating Committee shall be responsible for the following tasks: <br />a. Developing an annual operation budget for Project construction, <br />operation and maintenance. <br />b. Allocation of water credits generated from operation of the Project, <br />in accordance with this MOU. <br />c. Allocating construction, operation and maintenance funds to the <br />Project. <br />B. Although generally no entity represented on the Operating Committee has <br />the ability to veto a decision of the Operating Committee, in recognition of <br />CDOW's obligations under federal law pertaining to the SWAB, the parties <br />agree that CDOW will have the ability to reject any decision it determines <br />to be in conflict with its obligations under federal law, and the Operating <br />Committee will abide by that determination. <br />C. Operating Entity. Due to CDOW's need to maintain operational control of <br />its SWA's, the physical operation of the Project facilities will be performed <br />by CDOW personnel or CROW contractors, and CDOW will be considered <br />the Operating Entity. Operations will be carried out in accordance with <br />direction from the Operating Committee as set forth herein. <br />Tamarack MOU <br />
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