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<br />4. The Board is authorized by Section 37-92-102(3), C.R.S., to acquire from any person, <br />including any governmental entity, such water or interests in water that the Board determines may <br />be required for minimum streamflows to preserve the natural environment to a reasonable degree <br />and to take whatever actions may be needed to ensure that such minimum streamflows remain in the <br />stream channel for such purpose, <br /> <br />5, Pursuant to Sections 37-92-301 and -501, C.R.S., the Colorado State Engineer and <br />the Division Engineer for Water Division 5 are responsible for the administration and distribution <br />of the waters of the Colorado River and its tributaries within Colorado, and, pursuant to Section <br />37-92-102(3), the Board may call upon the State Engineer and the Division Engineer for Water <br />Division 5 to administer water or interests in water held by the Board for such minimum <br />streamflows. <br /> <br />6. The Board has determined that obtaining water from the Reservoir for delivery to and <br />through the IS-Mile Reach as contemplated by the MOU and in accordance with this Agreement will <br />contribute to preserving the natural environment to a reasonable degree and is consistent with the <br />Board's authorities under Section 37-92-102(3), C.R.S. <br /> <br />7. The loan of water from the District to the Board pursuant to this Agreement is <br />consistent with the Recovery Implementation Program Recovery Action Plan (RIPRAP) to preserve <br />the natural environment within the IS-Mile Reach for the benefit of the listed endangered species <br />in the Upper Colorado River Basin. The Board has determined that this is the purpose of the loan <br />and that paragraph 3 of the Memorandum of Agreement entered into on September 21, 1993, <br />between the Board and the Service (the "Enforcement Agreement"), a copy of which is attached as <br />Exhibit 2, will apply to it. Nothing herein shall be deemed to amend or modify the MOU between <br />the District and the Service (Exhibit 1), <br /> <br />Agreements <br /> <br />NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants <br />hereinafter set forth, the parties hereto agree as follows. <br /> <br />2 <br />