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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VI. OPERATION AND MAINTENANCE OF FACILITIES A. Due to CDOW's need to maintain operational control of its SWA's, the physical operation of the Project facilities will be performed by CDOW personnel or CDOW contractors, and CDOW will be considered the Operating Entity. Operations will be carried out in accordance with direction from the Operating Committee as set forth herein. It is anticipated that such operations will require the hours equivalent to one Full Time Employee to be paid for by the operations account of the Species Conservation Trust Fund. B. On an annual basis, the Operating Committee will develop and agree upon a target pumping schedule for each water year. C. SPWRAP agrees to pay the cost of pumping in accordance with the target pumping schedule (which includes minimum annual charges when no power is used) and other normal operation and maintenance costs for the Project facilities. D. CDOW's agreement to allow the use of the SWAs for development and operation of portions of the Water Projects Plan is not intended to increase CDOW's cost of operating and maintaining the SWAB beyond levels existing as of the time of the signing of the PRRIP. Allocation of costs for pumping or use of facilities outside of the approved target pumping schedule by either party shall be discussed with and allocated by the Operating Committee in advance of the pumping outside the target pumping schedule. E. Each year the Operating Committee will develop and approve a budget for CDOW operations and maintenance (O &M) of the Project. This budget will include, for SPWRAP's next fiscal year, projected utility costs for pumping within the target pumping schedule and other O &M costs including day -to -day operations. CDOW will provide a list and estimated costs of the day -to -day O &M items to the Operating Committee for review, discussion and inclusion in the budget. Within sixty days after the Operating Committee's approval of the budget, SPWRAP will acknowledge its funding obligation by way of a letter to CDOW All utility costs for pumping within the approved target pumping schedule will be paid monthly by SPWRAP. At the end of each fiscal year or more frequently if CDOW desires, CDOW will provide an invoice to SPWRAP of actual O &M costs for payment by SPWRAP within 30 days. Any unbudgeted or emergency costs over $1,000 for a single occurrence must be approved in advance by SPWRAP and will be paid directly by SPWRAP. Because funding for CDOW staff associated with Project operation and maintenance will be provided through the Species Conservation Trust Fund, the projected cost associated with this staffing Tamarack MOO