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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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lease such Excess Credits to third parties, and any revenues from such <br />leases will be used to pay the cost of pumping or to defray other costs <br />directly related to the Program. <br />VIII. RESOLUTION OF ISSUES <br />A. Should CDOW raise any specific issue regarding operations at the SWAs <br />not addressed or evaluated in the EA, the Operating Committee shall <br />meet within 30 days of the issue being raised to the Operating Committee <br />to discuss such issue and possible protective measures that will prevent <br />any adverse effects arising from the operations at issue. If the Operating <br />Committee cannot reach resolution of the issue by consensus, then the <br />Operating Committee will, and the members of the Operating Committee <br />may individually, submit a written report of the issue, and of the lack of <br />consensus and of possible remedial courses of action to the directors of <br />CDNR, CDOW, and SPWRAP. The directors shall evaluate any such <br />report and decide upon the appropriate resolution. Resolution by either <br />the Operating Committee or by the directors shall require approval by <br />CDOW and shall be consistent with the State's obligations under P -R and <br />with USDOI rules and regulations as provided in C.R.S. § 33 -1 -117, and <br />with the State's obligations under the PRRIP, <br />IX. TERM <br />A. The initial term of this MOU will be through July 1, 2020. However, unless <br />terminated by any of the parties hereto by written notice sent at least one <br />year prior to the end of a term, this MOU shall automatically extend for <br />successive five year terms for the length of the PRRIP including: i] <br />continuations thereof following the First Increment; , and, ii] the duration <br />of any "Colorado Only Recovery Program" created to replace the PRRIP <br />that is approved by the U.S. Fish and Wildlife Service for complying with <br />the Endangered Species Act requirements of the species of interest <br />addressed in the PRRIP. Any party hereto may terminate this MoU upon <br />sixty days written notice if performance becomes impossible. Without <br />limiting the foregoing <br />1 . If at any time the recharge facilities cease to be used for, or are no <br />longer necessary for, implementation of the PRRIP or a "Colorado <br />Only Recovery Program" for complying with the Endangered Species <br />Act requirements of the species of interest addressed in the PRRIP or <br />any other species subsequently listed under that Act, SP'VVRAP may <br />be required to remove the wells and associated infrastructure at its <br />expense, and to restore the well sites to their natural condition. At <br />CDOW's election, CROW may continue to operate the recharge <br />facilities exclusively for its own purposes and at its expense. <br />8 Tamarack MOU <br />
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