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<br />Jackson: <br /> <br />- <br /> <br />e <br /> <br />memorandum however, I will bring it up. Basically the Fish and Wildlife <br />Service will use this appropriation to issue nonjeopardy opinions on water <br />projects in the State of Colorado therefore they need or they believe they <br />need a agreement under which the enforcement and protection of these <br />water rights is clearly spelled out. They feel that for legal purposes they <br />need to be assured that the 581 cfs will be appropriated, will be enforced <br />and will be protected in the 15 Mile Reach. The third recommendation is <br />my original recommendation was--on this matter was that while we <br />recommended that the Board approve and appropriate these instream flow <br />waters my recommendation was that we hold off on filing for these water <br />rights in water court until the issue of historic depletions and sufficient <br />progress are installed and presented to the Board for approval. Mter <br />talking to Peter Evans somewhat yesterday Peter feels that this perhaps is <br />at--you know perhaps sends the wrong message to the Service, that it may <br />be a little bit too strong and a condition on filing the appropriation. So my <br />recommendation would be that--Iet me end there and then go back to the <br />first--maybe I should give you the recommendation. My recommendation <br />is that the Board simply direct us to work with the Fish and Wildlife <br />Service in resolving the sufficient progress issue and direct us to work with <br />the Service on drafting a memorandum of understanding that addresses the <br />concerns of the Service with respect to protection enforcement of the water <br />right. So those are my, basically three recommendations. One, to make <br />an appropriation for 581 cfs, two, to work with the service and develop a <br />MOD that protects the water right and we clearly want to bring that <br />memorandum back to you for review and approval and three that we <br />simply not link historic depletions and sufficient progress to this <br />appropriation but we resolve or make the attempt to resolve these issues <br />as we go along. <br /> <br />Does number three contemplate any holdup in the filing of this final <br /> <br />3 <br />