MOA for Implementation and Operations of the Colorado Portion of the Platte River Recovery Implementation Plan

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WHEREAS, Colorado may not have adequate funds available to meet the entire cash contribution and other expenditures required by the PRRIP; and, WHEREAS, water users within Colorado formed SPWRAP for the purposes of. 1) assisting in the operating and administering the Colorado Program; and, 2) raising funds to assist in meeting Colorado's monetary obligations under the PRRIP; and, WHEREAS, it is appropriate for water users in the South Platte River Basin, through SPWRAP, to work as a partner with DNR in the management of the Colorado Program and the direction of PRRIP; and, WHEREAS, the partnership between SPWRAP and DNR may include sharing some of the costs associated with the PRRIP; and,. WHEREAS, there are Species of Special Concern within the Platte River basin, which have not yet been listed as endangered or threatened under the ESA, and re- regulation of water within Colorado may provide habitat enhancements for such Species of Special Concern; and, WHEREAS, DNR and SPWRAP desire to establish, to the extent possible, how PRRIP obligations will be met, and how decisions relating thereto will be made: NOW THEREFORE, the Parties hereby agree as follows: 1. Term This MoA shall remain in effect until the earlier of the following: a) the PRRIP is terminated; b) the end of the "First Increment" of the PRRIP, including extensions of the First Increment; c) it is superceded by a subsequent written agreement between DNR and SPWRAP addressing the subject matter of this agreement; or, d) performance by either Party becomes impossible. 2. Performance of Colorado's Obligations DNR and SPWRAP agree to cooperate with regard to the PRRIP as set forth below, in order to streamline the activities associated with the PRRIP as described herein. This MoA does not in any way affect, change, or modify the authorizations that are exclusively and explicitly reserved for the signatories in the PRRIP. a. Operating Committee The Parties acknowledge that many of the decisions required for implementation of the PRRIP cannot be made at this time, and will require an ongoing process of evaluation. The Parties agree to create a Operating Committee to formulate recommendations upon which DNR and SPWRAP can jointly reach decisions: i The Operating Committee will be composed of persons made available by the State and SPWRAP. Participation in the Operating Committee will not be limited to a prescribed number of individuals, and the persons participating may vary from one meeting to another depending on the knowledge and 2 SPWRAP-DNR MoA 11 -14 -06