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<br />MEMORANDUM OF AGREEMENT <br /> <br />This Memorandum of Agreement is made this 31 s t day of Ma rch 1998 by and <br />between the COLORADO RIVER WATER CONSERVATION DISTRICT acting by and through <br />its Colorado River Water Projects Enterprise (hereinafter referred to as the "District"), a political <br />subdivision of the State of Colorado, and the COLORADO WATER CONSERVATION BOARD <br />(hereinafter referred to as the "Board"), an agency of the State of Colorado. <br /> <br />Explanatory Recitals <br /> <br />1. The District has constructed Wolford Mountain Reservoir (the "Reservoir") on <br />Muddy Creek, which flows into the Colorado River near Kremmling, Colorado, to implement <br />agreements concerning and providing for the beneficial use of water in Colorado. <br /> <br />2. The District owns decreed rights to store water in and release water from the <br />Reservoir for various beneficial uses, which rights are evidenced by: <br /> <br />a. The Decree entered November 20, 1989 by the District Court in and for <br />Colorado Water Division No, 5 ("Water Court") in Case No. 87CW283; <br /> <br />b. The Decree entered April 2, 1996 by the Water Court in Case No. 95CW251 <br />which made the rights decreed in Case No. 87CW283 partially absolute for <br />recreational and piscatorial uses; and <br /> <br />c, The Decree entered August 26, 1997 by the Water Court in Case No. <br />95CW281. <br /> <br />3. Pursuant to section 7 of the Endangered Species Act, the U.S. Fish and Wildlife <br />Service (the "Service") consulted with the Bureau of Reclamation regarding the impacts of the <br />operation of the Reservoir on four endangered Colorado River fish species. Based on the resulting <br />biological opinion, the District and the Service entered into a Memorandum of Understanding (the <br />"MOU"), a copy of which is attached as Exhibit 1, concerning the delivery of water from Wolford <br />Mountain Reservoir to the so-called" 15-Mile Reach." <br />