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

• Description: Related to Tamarack and PRRIP
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 1/21/2009
• Author: various
• Title: PROJECT-SPECIFIC AGREEMENT For the Heyborne Recharge and Wildlife Project
• Water Supply Pro - Doc Type: Project Overview

acknowlcdgc that the effort required to develop the accounting process wiil be
substantial, and that in order to ensure its timely compietion, the Operating
Committee may hire subcontractors to assist with such development. This
proposed accounang process will require the joint xppmvai of DNR and
SPWRAP.
3. Other Prooertv Interesu
a. This MoA doos not grant to ei[her Pany any interest in real property. Moreover,
nothing in this MoA shall be construed to limit either Psuty's right or abiliry to
acquiie other real property righu in the future.
b. To the extent money raised by SPWRAP is used to acquire property rights or
construct facilides, whother direcUy or through PRRIP and whether within or
without ffie borders of Colorado, the ownecship of, or reversionary interests in,
such property and facilities shall remain in SPWRAP to the extent permitted by ar
consistcnt 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 ineeting Colorado Program obligations. Similarly, to the w�tent State
of Colorado monoy is used to acqaire property rights or construct faciliues,
whether directly or through PRRIP and whether wifhin or withoat the borde�s of
Colorado, the ownership of, or revecsionary interests in, such property ssnd
facitities shall remain in Colorado to the extent pemvtted by or consistent with the
PRRIP. Specifically, but not by way of limitation, Colorado may purchase, lease
or appropriate waur or water rights in its own name for parposes of irseating
Colorado Program obligations. Acquisiaon of proptrty interests by Cotorado and
SPWRAP joindy may occur in accordance with a seperate Memorandum of
Agreement between the Parties.
4. Documentation of ESA Compliance. Water users who require federa! authorizations
for Water-Retated Activides may choosc 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
Progam wiA be funded di�ectly by SPWRAP, nther than as a general obligation of
Colorddo, it is ageed that all water users wfio choose to rely an and directly benefit
from the Colorado Progrnm should pay, through membership in SPWRAP, their fair
shate of costs not funded by the legislature. The U.S. Fish & Wildlife Service and
fe�ral permitring agencies will require as a condition of any federal approval that
applicants, who are relying on the Colomdo Program for ESA compliance, fulfrll the
responsibilities required of program participants in Colorado, which includes
participation in SPWRAP. To ensure that such membership is nbtained and
maintained by water users relying on the Colorado Program, SPWRAP wili provide
to USFWS each yexr 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.
SPWRAP-DNR MoA I I-140G