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Section 2. Purpose. This Agreement is developed and agreed to in compliance with Subsection (c) and provides the agreement of the Parties to develop a Program Document. The Parties expressly acknowledge that Section 1.26A provides that the Program Document must be approved and executed by the EAA, TCEQ, TPWD, TDA, TWDB, and, to the limited extent described in Section 6, the Service, not later than September 1, 2012. The terms and provisions of the Program Document will be developed and agreed to pursuant to a facilitated decision-making process governed by the MOA, the POR, and any further procedural rules and rule amendments approved by the Steering Committee. Nothing in this document is intended to supersede any provision of the MOA or POR, and in the event of any inconsistency between this Agreement and the MOA or the POR, the provisions of the MOA and POR shall control. Section 3. Open Consensus-Based Process. 3.1. The Parties will assure that the development of the Program Document is a collaborative, consensus-based process, as open and transparent as possible consistent with achieving the RIP goals with reasonable efficiency. The open consensus-based process of the RIP shall govern the preparation, discussion, and development of all terms of the Program Document. The Parties will further assure that the development of the Program Document proceeds on a reasonably timely basis pursuant, to the extent practicable, to the preliminary schedule attached as Attachment 2. 3.2. Subcommittee and Other Recommendations. As part of the decision-making • process, the Parties shall consider the recommendations of the Science Subcommittee regarding the information required by Subsections 0) and (k), the results of the initial study prepared by a team of scientists led by Dr. Thomas Hardy, as well as any peer review report regarding such recommendations and studies, and the recommendations of the Recharge Facility Feasibility, Ecosystem Restoration Subcommittees, and any duly constituted subcommittee that may be subsequently created by the Steering committee. 3.3. Retention of Facilitator and Program Document Contractor. An entity designated by the Steering Committee, acting on behalf of the RIP, will retain the facilitator or facilitation team ("Facilitator") selected by the Steering Committee and a Program Document contractor ("Program Document Contractor") selected by the Steering Committee to assist in the development of the Program Document. The Steering Committee will approve the process governing interactions between the Parties. Section 4. Role of Supporting Personnel. 4.1 Independent Input. The Parties acknowledge the importance of independent scientific input into the development of the Program Document and the importance of having other advisors who can approach the issues without a particular interest in order to help the Participants achieve consensus recommendations. Accordingly, the Parties anticipate receiving input and guidance from at least the following Supporting Personnel, who shall have the roles assigned in this Section 4 and any additional roles and responsibilities assigned by the Steering 0 11212.0300I/DFRO/MISC-3/1052172v.8 Page 4 of 20