WSP11217

• File Number: 8240.200.30.B
• Description: UCRBRIP Instream Flow Approprations
• State: CO
• Basin: Colorado Mainstem
• Date: 1/1/1993
• Author: CWCB
• Title: CWCB Board Meeting ISF Memos
• Water Supply Pro - Doc Type: Board Memo

FRaM:R~5. RIGHTS

TO:

303 866 4474

PPR 21. 1993 12:19PM ~436 P.03

"

4/21 REVISED DRAFT
MEMORANDUM OF AGREEMENT
BETWEEN THE UNITED STATES DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE AND
THE COLORADO WATER CONSERVATION BOARD
CONCERNING THE ENFORCEMENT AND PROTECTION
OF WATER AND WATER RIGHTS

THIS MEMORANDUM OF AGREEMENT (HOA) is entered into this
day of , 1993, pursuant to the Endangered Spe-
cres Act, 16 U.S.C. 5 1531 et seq., the Fish and Wildlife Coordi-
nation Act, 16 U.S.C. S 661 et seq., and Title 37, Article 60 of
the Colorado Revised Statutes (1990), between the United States
Department of the Interior, Fish and Wildlife Service, and the
Colorado Water Conservation Board, an agency of the State of Col-
orado. Hereinafter, the parties shall be referred to respec-
tively as the "Service" and the "Board."

EXPLANATORY RECITALS

WHEREAS, under the Endangered Species Act, the Service is
responsible for the protection and recovery of threatened and en-
dangered species, including four endangered fish species in the
Upper COlorado River Basin; and

WHEREAS, section 7 of the Endangered Species Act, 16 U.S.C.
S 1536, requires the Service to consult with other federal agen-
cies to insure that any action authorized, funded, or carried out
by such agencies is not likely to jeopardize the continued exist-
ence of any endangered or threatened species or result in the de-
struction or adverse modification of critical habitat of such
species; and

WHEREAS, section 2 of the Endangered Species Act, 16 U.S.C.
S 1531(c)(2), declares that it is the policy of Congress for fed-
eral aaencies to cooperate with state and local agencies to
resolve water resource issues in concert with conservation of en-
dangered species; and

WHEREAS, the Upper Colorado River Basin states. including
the State of Colorado. playa key role in determining how the
river system's water resources are developed and have a corre-
sponding interest in legal requirements that could constrain
water resource development; and

wHEREAS, the states, including the State of Colorado, his-
torically have been responsible for managing resident fish and
wildlife resources, including threatened or endangered species
that occur within their territories (see, e.q., S 33-2-102,