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<br />FROM: RES. RIGHTS <br /> <br />TO: <br /> <br />303 856 44?,d <br /> <br />;::1FR 21. 1::::3 12:21FM 11436 F.e <br /> <br />WHEREAS, the Service is relying upon the Board toappropri- <br />ate, acquire, and enfo~c_e_instuam-flQw-water rights for-the <br />------rrsteospecies under state law; and <br /> <br />WHEREAS, the Service has agreed to install and maintain any <br />gauges or other measuring or recording devices, including remote <br />read-out devices (~, satellite monitoring equipment), neces- <br />sary for the State Engineer to administer instream flows appro- <br />priated or acquired by the Board to benefit the listed species; <br />and <br /> <br />WHEREAS, the Service has agreed that any appropriation of <br />water rights or acquisition of water, water rights, or interests <br />in water by the Board for the benefit of the listed species shall <br />be considered in determining whether there has been sufficient <br />progress under the Implementation ?rogram for the program to <br />function as a reasonable and prudent alternative a~-~ha~-new <br />wa~e~-ee.e:e~~e"~-ma1-~~eeeed to avoid the likelihood of ieogardy <br />from existinq and new water develoomentl and <br /> <br />WHEREAS, both the Service and the Board will benefit from <br />the resolution of potential 5 7 conflict through successful <br />implementation of the I~plementation Program. <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants Z <br />hereinafter set forth, the parties hereto agree as follows: <br /> <br />DEFINITIONS <br /> <br />1. <br />otherwise <br />agreement, <br /> <br />Where used in this MOA, unless specifically expressed <br />or obviously inconsistent with the intent of this <br />the following definitions will apply: <br /> <br />a. "Acquire" or "acquisition" refers to water, watel: <br />rights, or interests in water obtained by the Board by grant, <br />purchase, bequest, devise, lease, exehange, or other contractual <br />agreement, from or with any person, including any governmental <br />entity, as authorized by S 37-92-102(3), C.R.S. <br /> <br />b. "Appropriate" or "appropriation" refers to the <br />appropriation of new water rights, whether absolute or condition- <br />al, by the Board, as authorized by 5S 37-92-102(3) and 103(3) and <br />. (4), C.R.S. <br /> <br />c. "Listed species" refers to ~l\~ee.~efted-o!'-e"eaft- <br />~e~ee-€~sh-e~ee~es-t!P-stt~~eses-~ooo~~Y~"9-wa~m-va~e~-hae~~at~Ui <br />:ft-~ke-e~pe~-eo:e!'ado-R~.e~-9as~n-~n-ee:e!'adeT-Wyom:ft~7-and-~~ah <br />ehae-a!'e-=~s~ee-~tt~stta"e-ee-the-Endange!'ee-9pee~es-Aet-a~d7-by <br /> <br />-4- <br />