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MEMORANDUM OF AGREEMENT FOR EDWARDS AQUIFER RECOVERY IMPLEMENTATION PROGRAM This Memorandum of Agreement ("MOA") is intended to serve as the Memorandum of Agreement for the Edwards Aquifer Recovery Implementation Program (the "Program") under the Endangered Species Act and as the Memorandum of Agreement required by Senate Bill 3. It is made and agreed to by the Parties signing below and is effective on the Effective Date. The Parties will work together in good faith and cooperation to achieve the purposes and goals provided in the following provisions of this MOA. Article 1. Purposes Section 1.1. The purpose of this MOA is to formally initiate the development and implementation of the Edwards Aquifer Recovery Implementation Program. The Program is a collaborative initiative among stakeholders to participate in efforts to contribute to the recovery of the Edwards Species, develop aquifer management measures, and develop conservation measures for the Edwards Aquifer. Section 1.2. During the 80th Regular Session, the Texas Legislature enacted Senate Bill 3, establishing, among other things, minimum requirements applicable to the Program. It is the intent of the Parties to comply with those minimum requirements and to build upon them to ensure that the Program is as effective and as inclusive as is reasonably possible, while also maintaining compliance with applicable provisions of the Endangered Species Act. Section 1.3. The Parties acknowledge that Program efforts will be mindful of minimizing impacts on other protected species when advancing Program initiatives. The Parties also acknowledge the necessity of finding ways to balance the Program's contribution to recovery of Edwards Species with human water needs, while maintaining compliance with applicable provisions of the Endangered Species Act. Article 2. Goals Section 2.1. The goals of the Program, which are intended to be broadly interpreted, include, but are not limited to, the following: (a) review, develop, and implement sound scientific research, analysis and other measures which contribute to understanding and meeting the needs of the Edwards Species; (b) review, develop, and implement strategies which balance the needs of the Edwards Species with overall water use and supply in the Edwards Aquifer region; (c) develop and complete an implementing agreement by December 31, 2009; (d) develop and complete a program document by September 1,2012, that shall take effect December 31, 2012, and may be in the form of a habitat conservation plan for the Edwards Species; (e) implement the program document; and December 13,2007 1