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<br />1"06 <br />ERM DRAFT January 16, 1996 <br />14:46 pm <br /> <br /> <br /> <br />WHEREAS, the Monitor has played an invaluable role in forming <br />a consensus between the Plaintiffs and Defendants in the litigation <br />ûnd in the development of Interlocal Agreements (such as the <br />"Letter of Intent" designed to bring surface wter into Behar County <br />,- capable of supplem~nting the water supplies of SAWS and the <br />Military Bases) to support the filing of an application to obtain <br />an ESA §lO(a) Incidental Take Permit; ûnd <br />WHEREAS, the Parties agree and acknowledge that it is in their <br />respecti ve bès.t interests, as well as the best interests of the <br />more than 1.5 million Texans whom depend upon the Edwards Aquifer, <br />the millions of visitors to this central Texas region, and the <br />affected endangered species themselv~s, to have the Monitor <br />, <br />continue his work to facilitate the development of alternative <br />water supplies and an application for an ESA §10(a) Incidental Take <br />permit and the issuance of such a permit; and <br />WHEREAS, it would clearly be in the best interest of the <br />Federal courts, all parties to this litigation{ the Aquifer and the <br />endangered and threatened species at-issue in this litigation for <br />the State's appeal from the Monitor Order to be resolved quickly; <br />and <br />WHEREAS, reallocation of the state's 1/3 share, retroactive <br />from and after February 25, 1994, should quickly resolve the <br />State's appeal from the Monitor order by mooting the appeal; <br />NOW, THEREFORE, for and in consideration of the premises and <br />the mutual covenants and agreements herein contained, the Parties <br />agree as follows: <br /> <br />-3- <br />9f/Þ2 'J E~:~n 301 96-9\-N'I7î <br />