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

• Description: Memorandum of Agreement for Implementation of the Colorado Portion of the Platte River Recovery Implementation Plan
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 11/17/2006
• Title: Memorandum of Agreement for Implementation of the Colorado Portion of the Platte River Recovery Implementation Plan
• Water Supply Pro - Doc Type: Contract/Agreement

acknowledge that the effort required to develop the accounting process will be
substantial, and that in order to ensure its timely completion, the Operating
Committee may hire subcontractors to assist with such development. This
proposed accounting process will require the joint approval of DNR and
SPWRAP.
3. Other Property Interests
This MoA does not grant to either Party any interest in real property. Moreover,
nothing in this MoA shall be construed to limit either Party's right or ability to
acquire other real property rights in the future.
b. To the extent money raised by SPWRAP is used to acquire property rights or
construct facilities, whether directly or through PRRIP and whether within or
without the borders of Colorado, the ownership of, or reversionary interests in,
such property and facilities shall remain in SPWRAP to the extent permitted by or
consistent with the PRRIP. Specifically, but not by way of limitation, SPWRAP
may purchase, lease or appropriate water or water rights in its own name for
purposes of meeting Colorado Program obligations. Similarly, to the extent State
of Colorado money is used to acquire property rights or construct facilities,
whether directly or through PRRIP and whether within or without the borders of
Colorado, the ownership of, or reversionary interests in, such property and
facilities shall remain in Colorado to the extent permitted by or consistent with the
PRRIP. Specifically, but not by way of limitation, Colorado may purchase, lease
or appropriate water or water rights in its own name for purposes of meeting
Colorado Program obligations. Acquisition of property interests by Colorado and
SPWRAP jointly may occur in accordance with a separate Memorandum of
Agreement between the Parties.
4. Documentation of ESA Compliance Water users who require federal authorizations
for Water- Related Activities may choose to rely on the Colorado Program to achieve
any necessary ESA compliance, or they may choose to develop other measures
individually. Because this MoA contemplates that some of the costs of the Colorado
Program will be funded directly by SPWRAP, rather than as a general obligation of
Colorado, it is agreed that all water users who choose to rely on and directly benefit
from the Colorado Program should pay, through membership in SPWRAP, their fair
share of costs not funded by the legislature. The U.S. Fish & Wildlife Service and
federal permitting agencies will require as a condition of any federal approval that
applicants, who are relying on the Colorado Program for ESA compliance, fulfill the
responsibilities required of program participants in Colorado, which includes
participation in SPWRAP. To ensure that such membership is obtained and
maintained by water users relying on the Colorado Program, SPWRAP will provide
to USFWS each year a certification that the proponents of water related activities who
rely on the Colorado Program for ESA compliance are current members in good
standing of SPWRAP.
6 SPWRAP -DNR MoA 11 -14-06