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SPWRAP Meeting Minutes <br /> September 22,2011 <br /> presented. Alan Berryman seconded the motion. The motion was approved unanimously <br /> by the directors present. <br /> Dennis said the following bills needed to be paid: <br /> • Trout, Raley, Freeman, et al. for legal services (July)— $1433.50 <br /> • Duncan, Ostrander& Dingess for legal services (August) - $2,961.00 <br /> • LSPWCD Monthly Stipend for administrative services -- $1,000.00 <br /> MOTION: Dennis Harmon moved that the board approve payment of the bills listed in <br /> the financial report. Wayland Anderson seconded the motion. The motion was approved <br /> unanimously by the directors present. <br /> 5. TAMARCK PROJECT CONSULTANT PAYMENT CONSTRUCTION AGREEMENT <br /> Austin Hamre reported on the possible agreement for construction of Tamarack Project <br /> Consultant facilities in which Northern Water would act as the general contractor. <br /> Northern Water has identified some concerns with some provisions of the State's most <br /> recent version of the agreement, but believes that a reasonable possibility exists that the <br /> outstanding issues can be resolved. The next step will be for a smaller subset from the <br /> involved parties to meet and work through the concerns. <br /> 6. UPDATE ON FINALIZING TAMARACK RECHARGE PROJECT LITIGATION <br /> DECREE <br /> Austin Hamre reported he has talked with Chad Wallace of the State Attorney General's <br /> office, lead counsel on the Tamarack Recharge Project water court Decree--case, <br /> regarding finalizing an agreement where by which SPWRAP will contribute up to <br /> $50,000 to pay for engineering experts to provide testimony and/or litigation support for <br /> the Statehelp further the case along. This funding agreement is consistent with <br /> SPWRAP's obligations under the MoU with Division of Wildlife (now CPAW). <br /> However, there would be no involvement from neither SPWRAP nor it's legal counsel <br /> will be involved in directing the litigation or the experts. Austin Hamre previously <br /> circulated to the directors a draft of the agreement. <br /> ACTION: Austin Hamre will continue to work with Chad Wallace to finalize an <br /> agreement and then circulate to the SPWRAP directors by email for approval. <br /> 7. PONY EXPRESS RECHARGE PROJECT <br /> Pete Conovitz of the Colorado Division of Parks and Wildlife (CPAW) informed the <br /> SPWRAP Board of CPAW's intent to withdraw the Water Court Application for the <br /> Pony Express Recharge Program in Case No. 96CW062, Division 1. This CPAW <br /> indicated that their thinking is based on engineering analyses showing that the recharge <br /> project contemplated by that application would be ineffective„ and to In light of <br /> SPWRAP's oblitzations under the MoA with DNR and the MoU with DoW, CPAW <br /> thought they should request SPWRAP's approval of such a withdrawal. <br /> between the State and SPWRAP and a possible requirement to get a formal decision from <br /> SPWRAP. Discussion ensued. <br /> Page2of4 <br />