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FRON:RES. RIGHTS TO: 303 866 a47a APR 21. 1993 12:20PN =436. P.04 C.R.S.; Cooperative Agreement Between U.S. Dept. of Interior, Fish and Wildlife Service, and Colorado Dept. of Natural Resources, Div. of Wildlife, for Conservation of Endangered and Threatened Fish or Wildlife (1976)); and WHEREAS, the Board is a state agency created for the pur- pose of aiding in the protection and development of the waters of the state for the benefit of the state's present and future inhabitants, (S 37-60-102, C.R.S.); and WHEREAS, it is the duty of the Board to promote the conser- vation of the waters of the state in order to secure the greatest utilization of such waters and the utmost prevention of floods, which includes the power and the duty to: cooperate with the United States and its agencies for the purpose of bringing about the greater utilization of the waters of the state; investigate and assist in formulating a response to the plans, purposes, procedures, requirements, laws, proposed laws, or other activi- ties of the federal government which affect or might affect the use or development of the water resources of the state; confer with and appear before the officers, representatives, boards, bu- reaus, committees, commissions, or other agencies of the federal government for the purpose of protecting and asserting the au- thority, interests, and rights of the State of Colorado and its citizens with respect to the waters of the interstate streams in the state; and in, general, take such action and have such powers as are incidental to the foregoing specific provisions and to the general purposes of the statute (S 37-60-106, C.R.S.); and ( ~ WHEREAS, the Board is vested with the exclusive authority to appropriate and acquire such waters of natural streams and lakes as the Board determines may be required for minimum stream flows or for natural surface water levels or volumes for natucal lakes to preserve the natural environment to a reasonable degree pursuant to S 37-92-102(3), C.R.S.; and WHEREAS, consultations under section 7 of the Endangered Species Act had found that new water projects in the Opper Colo- rado River Basin would likely jeopardize the continued existence of the endangered fish species, so that the protection of the en- dangered fish threatened to embroil all interested parties in a confrontation between resource protection and resource develop- ment; and WHEREAS, ee-~~oY:de-Eo~-ehe-d~a%-~oa%a-oE-t%t-reeeYer~-o€ the-eftda~ge~ed-~~ah-apee~ee-wh~%e-~e~m:~e:ng-new-and-trt-water deYe%epment-ee-~~e~eed-:n-tne-Bppe~-eo%oraeo-R:ye~-Bee:n-:n-ae- eoreanee-w~th-:nte~e~ate-eompeete-and-ate~e-%aw7 the states of -2-