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• IMPLEMENTING AGREEMENT FOR THE EDWARDs AQUIFER RECOVERY IMPLEMENTATION PROGRAM (SECTION 1.26A(C)) This Implementing Agreement ("Agreement") for the Edwards Aquifer Recovery Implementation Program ("EARIP" or "RIP"), effective on the Effective Date stated in Section 9 below, is the agreement by and among the Edwards Aquifer Authority ("EAA"); United States Fish and Wildlife Service ("Service"), but only to the extent provided in Section 6 and other provisions in this Agreement; certain other appropriate federal agencies that execute this Agreement; the Texas Commission on Environmental Quality ("TCEQ"); the Texas Parks and Wildlife Department ("TPWD"); the Texas Water Development Board ("TWDB"); the Texas Department of Agriculture ("TDA"); and certain other stakeholder Participants who are signatories (individually "Party" and collectively "Parties") to develop a program document for the RIP. RECITALS A. This Agreement relates to legislation adopted by the 80th Texas Legislature in 2007 which, among other things, amends the Edwards Aquifer Authority Act ("Act") to address issues relating to the management of the Edward Aquifer ("Aquifer"). The applicable part of the legislation is Article 12 of Senate Bill 3, Act of May 28, 2007, 80' Leg., R.S., ch. 1430, §§ 12.01-12.12, 2007 Tex. Gen. Laws 5848, 5901, which is codified • in the Act at Section 1.26A. In this Agreement, any reference to one or more Subsections shall refer to the correspondingly lettered subsection or subsections of Section 1.26A of the Act. B. Subsections (a) through (c) require the Authority, with the assistance of Texas A&M University ("TAMU"), to cooperatively develop a RIP for species listed as threatened or endangered under federal law that are associated with the Aquifer through a facilitated, consensus-based process that involves input from the Service, other appropriate federal agencies, and all interested stakeholders, including certain stakeholders specifically listed in Subsection (e). The purpose of the RIP is to develop a program document ("Program Document") that may be in the form of a habitat conservation plan used to support the issuance of an incidental take permit with the United States Secretary of the Interior, through the Service and other appropriate federal agencies, under Section 4 or Section 6, Endangered Species Act of 1973 (16 U.S.C. Section 1533 or 1535, as applicable), based on the RIP. The statute provides that the Program Document must be approved and executed by September 1, 2012, and take effect December 31, 2012. C. Section 1.26A further requires: C.1. The creation of a Steering Committee, not later than September 30, 2007, to oversee and assist in the development of this Agreement and having representatives of certain identified state agencies, political subdivisions, and . other stakeholders (Subsection (e)); 11212.03001/DFRO/MISC-3/1052172v.8 Page 1 of 20