Project-Specific Agreement- for the Heyborne Recharge and Wildlife Project

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Whereas, DU and CWCB have a Grant Contract (attached as Appendix D) for the expenditure of $148,692 on the HRWP from the CWCB Water Supply Ileserve Account. Whereas, DU and SPRR have a DU Site Specific Agreement CO-196-1 for the construction and management of the HRWP (attached as Appendix E). Now therefore the parties agree as follows: (1) The Whereas clauses ebove are incorporated herein as if fully set forth. (2) This Agreement satisfies the requirement of a project-specific agreement for the HRWP as required by the Funding Agreement. Tlris Agreement also specifies the involvement of Lower and CWCB/CDNR in the HRWP. a.) The list of potential Recharge Projects using SPWRAP funds has not yet been developed or prioritized as contemplated by the Funding Agreement because other future projects are not yet fully scoped. The Funding Agreement is hereby amended such that as DU adequately scopes other projects, DU will bring an individuat project to SPWRAP for consideration and SPR'RAP will respond within 30 days. b.) Attached hereto as Appendix F is a memo from Jon Altenhofen, P.E. / Northem Colorado Water Conservancy District to the SPWRAP Board of Directors which discusses the analyses undertaken to project, on an average basis, the amount of water that could be diverted in-priority by the HRWP, the river accretions that would result from such diversions, and the cost and allocation of such credits (the "Yield Analysis Memo"). The result of this analysis is that HRWP is a feasible and cost effective Project which should pmceed. (3) Design and Construction Management: DU designed and will supervise all construction activities of the HRWP as specified in the DU Site Specific Agreement (Appendix E). Construcrion of this Pmject will take place during the first half of 2009 and will be operarional in the fa11 of 2009. As part of its construction management obligation, DU will obtain all govemmentai approvals and authorizarions required for oonstruction and operation of the HRWP, including but not limited to comgliance with § 404 of the Clean Watei Act The Parties anticipate that the permittee for § 404 purposes will be SPRR. a.) DU has completed the Project Feasibility Study aad design contemplated by the Site-Specific Agreement (Appendix E) and the Parties agree with the "Approved Design" attached as Appendix H. Z HRWPProjectSpecificAgr1-21-09