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

will not be included as part of the Project budget. However, CROW will,
upon request, provide a copy of Its Project staffing budget to SPWRAP.
VII. OWNERSHIP OF WATER RIGHTS AND FACILITIES, ALLOCATION OF
RECHARGE CREDITS
A. The water rights for the Tamarack Managed Groundwater Recharge
Project facilities shall be decreed in the name of the State of Colorado,
Department of Natural Resource, Colorado Wildlife Commission, Colorado
Division of Wildlife. CDOW is obtaining these water rights for CDOW and
not as an agent of SPWRAP or any other party. CDOW will own all the
facilities constructed on the SWAs pursuant to this MOU, whether or not it
paid for initial construction, repair and maintenance of these facilities.
B. Any water from the Project that accretes to the South Platte River in
Colorado is, for purposes of this MOU, referred to as "Recharge Credits.
The Operating Committee may decide to recapture Project accretions
through pumping of Project wells ( "Recaptured Credits "). The Recharge
Credits allocated to CDOW are referred to as "CDOW Credits." The
Recharge Credits allocated to meeting PRRIP obligations are referred to
as "Program Credits."
C. The target pumping schedule will necessarily result in credits for
recharged water that do not, due to timing or flow considerations, directly
benefit the flow targets established by the PRRIP. The Recharge Credits
that are neither allocated to CDOW nor to meeting PRRIP obligations are
referred to as "Excess Credits ".
D. Twenty percent of the Recharge Credits that accrue to the river on an
annual basis as a result of the target pumping schedule will be allocated to
the CDOW for its use as CDOW Credits. At the annual meeting of the
Operating Committee, the CDOW shall indicate what portion of its
allocation will be used each year for their projects. Should CDOW not be
able to use any of these credits for their projects, the unused CDOW
credits will revert back to the control of SPWRAP.
E. Additional Recharge Credits may be generated by pumping Project wells
at times or in amounts in addition to those required by the target pumping
schedule. Allocation of credits generated by pumping outside of the target
pumping schedule by either party shall be discussed with and allocated by
the Operating Committee.
F. The Operating Committee will seek to enter into contracts to trade Excess
Credits generated by the Project for recharge credits generated by others
that would directly benefit the flow targets established by the PRRIP.
When such trades are not feasible, the Operating Committee will seek to
7 Tamarack MOU