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SPWRAP-DNR MOA Amendment
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Last modified
11/23/2010 12:09:35 PM
Creation date
11/23/2010 12:09:27 PM
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Water Supply Protection
Description
First Amendment of Memorandum of Agreement for Implementation and Operation of the Colorado Portion of the Platte River Recovery Implementation Plan
State
CO
Basin
South Platte
Water Division
1
Date
11/17/2006
Title
First Amendment of Memorandum of Agreement for Implementation and Operation of the Colorado Portion of the Platte River Recovery Implementation Plan
Water Supply Pro - Doc Type
Contract/Agreement
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b. The Parties continue to anticipate that use of water re- regulation facilities at the <br />Tamarack Ranch State Wildlife Area and the Pony Express State Wildlife Area <br />would be one component of the Water Projects Plan. DNR will contribute <br />$1,054,395 from the capital account of the Species Conservation Trust Fund and <br />$917,000 from the operations and maintenance account of the Species Conservation <br />Trust Fund to the development of the Tamarack State Wildlife Area, and towards the <br />employment of staff and O &M for operations at the SWA for the First Increment as <br />specified in Senate Bill 08 -168. The Parties believe that construction of all currently <br />anticipated infrastructure will be completed for this amount. Responsibility for the <br />costs associated with operating these facilities is the subject of a Memorandum Of <br />Understanding between SPWRAP and the Colorado Division of Wildlife executed <br />contemporaneously herewith. <br />DNR will contribute $250,000 towards water re- regulation projects that are beneficial <br />to PRRIP and that are being developed by Ducks Unlimited using matching -fund <br />grants obtained pursuant to the North American Wetlands Conservation Act <br />( "NAWCA ") and other sources, provided that suitable projects are identified. As part <br />of its obligation described below, SPWRAP will contribute $215,000 toward such <br />Ducks Unlimited projects, provided that suitable projects are identified. <br />d. The Parties anticipate that the amount of money necessary to implement the Water <br />Projects Plan for the First Increment, after the actions described above, will be <br />approximately $9,500,000 in combined capital/construction costs and O &M costs, <br />which amount includes an assumed 3% rate of inflation based on the anticipated <br />timing of the expenditures over the duration of the First Increment as described in <br />greater detail in Exhibit A to the MoA. SPWRAP will supply the funds to meet the <br />further costs of implementing the Water Projects Plan for the First Increment to the <br />extent provided in Paragraph 3 below. <br />2. With regard to Paragraph 2.c. of the MoA: <br />a. The PRRIP Agreement entails a financial obligation of $24 million in 2005 dollars, <br />paid directly to PRRIP, to be used for components of PRRIP other than the Colorado <br />Program. The Parties initially agreed that funding of this obligation would be sought <br />from the General Assembly, however, due to uncertainties related to the funding that <br />would be allocated over a period of several years, SPWRAP agreed to act as a <br />financial "backstop" or guarantor for this obligation. <br />b. At this time the General Assembly has dedicated approximately $16 million to <br />meeting this obligation, and the General Assembly anticipates dedicating the <br />additional funds necessary to meet Colorado's remaining obligations. Consequently, <br />it appears that the State of Colorado will meet this $24 million obligation in full. <br />3. Based on developments since the execution of the MoA, summarized above, the Parties <br />now amend the MoA to remove SPWRAP's obligation to act as a financial backstop for <br />2 <br />I' Amend DNR- SPWRAP MoA 1 -12 -09 <br />
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