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I � <br />� <br />� <br />PROJECT-SPECIFIC AGREEMENT <br />For the Heyborne Recharge and Wildlife Project <br />THIS AGREEMENT (Agreement) is made this 191h day of February, 2009, by and <br />between the South Platte Water Related Activities Program, Inc. (SPWRAP), Ducks <br />Unlimited, Inc. (DU), Lower South Platte Water Conservancy District Water Activities <br />Enterprise (Lowa) and Colorado Water Conservation Board/Colorado Depar4ment of <br />Natural Resoarces (CWCB/CDNR) (collectively hereinafter, the "Parties"). <br />Whereas, Lower has an agreement (attached as Appendix A) with the South Platte River <br />Ranch, LI.0 (SPRR) for the development and operation of the Heybome Recharge and <br />Wildlife Project (HRWP) located in Sedgwick County, Colorado. <br />Whereas, the HRWP will be located on land owned by SPRR described as: Lots 6, 7, 8 <br />and 9, Section 11, Township I1 North, Range 45 West, and adjoining accretion ground; <br />and the W'h and SEY,, Section 14, Township 11 North, Range 45 West, all of the 6`� P.M. <br />Whereas, SPWRAP and the Colorado Department of Natural Resources (CDNR) have a <br />Memorandum of Agreement with a First Amendment (both attached as Appendix B). <br />These specify the funding relationships between the State of Colorado and SPWRAP for <br />the Platte Rivcr Recovery lmplementation Progam (PRRIP). <br />I� Whereas, SPWRAP and DU have a Funding Agreement ("Funding Agreement," attached <br />as Appendix C) for the development and operation of recharge pmjects in the lower <br />South Platte River in Colorado that assist with fulfi]]ing Colaradds water developtnent <br />� responsibilities under the PRRIP. Item 3 of this Funding Agreement requires a project- <br />specific agreement between DU and SPWRAP and other parties as appropriate before <br />SPWRAP funds can be expended. <br />Whereas, DU and CDNR have signed a letter of iatention to dedicate up to $250,000 for <br />the development and operation of recharge projects in the lower South Platte River in <br />Colorado that assist with fulfilling Colorado's water development responsibilities under <br />the PRRIP. <br />Whereas, the CWCB has committed $80,000 to Lower for use on the Heybome Pmject <br />with specific conditions that have to be satisfied before the money can be expended. In <br />addition, the DNR/CWCB has $170,000 remaining (for a total of $250,000 as noted in <br />Parag. lc of the First Amendment of Appendix B) that will be committed towards the <br />development and operation of recharge projects in the lower South Platte River in <br />Colorado that assist to fulfill Colorado's water development responsibilities under the <br />PRRIP. <br />HRWP Project Specific Agr 1-21-09 <br />