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<br />FROM: Ri::S. RtGHTS <br /> <br />TO: <br /> <br />303 eSE 4474 <br /> <br />~~R 21. 1~~] 12:22PM =436 p.ee <br /> <br />~"9-~ne-=~~eed-8pee~es~ <br /> <br />d~--f~"-ehe-a:eernee=ye+-~ne-=mp:ementa~~en-Program <br />hss-been-term~naeed-end-the-SerY~ee,-%n-eenStt:t~n9-~nder-~-~-ef <br />the-Enosngered-Spee%es-Aet,-:s-not-een8%Oer:nq-the-appropr:at~ens <br />and-ae~~*a~e~ene-made-b1-the-Bes~d-=or-the-eene=*t-o~-the-::sted <br />spee:es-te-:~net~on-aa-a-reo'enab:e-and-pr~dent-a=ternat%ve-ee <br />that-water-deve%epment-may-preeeed~ <br /> <br />d. The Im lementation Proaram has been terminated <br />and the Serv~ce, ~n sect on 7 consultac ons. has not re e or is <br />no~ relYlnq on the appropriations and acquisltions made by the <br />Board; or <br /> <br />e. The Implementation Proqram has been terminated <br />and the Service, in section 7 consultations, has not or is not <br />conslderinq the aoorooriations and acauisitions made by the Board <br />for the benefit of the llstea soecies to function as a reasonable <br />and prudent alternative to avold the likelihood of Jeooardy from <br />existing and new water develooment. <br /> <br />ENFORCEMENT AND PROTECTION OF <br />ENDANGERED FISH SPECIES' IN STREAM FLOWS <br /> <br />3. This agreement shall apply to, and only to, water <br />rights, water, or interests in water appropriated or acquired by <br />the Board pursuant to the Implementation Program to preserve the <br />natural environment within a particular stream reach :or the ben- <br />efit of the listed species in the Opper Colorado River basin. <br />The Board snall make a finding that that is the purpose of every <br />appropriation or acquisition which is for the benefit of the <br />listed species and that this MOA will apply to it. The Board <br />shall provide notice of such findings to the Service in the form <br />of either a written resolution or a transcript of all motions and <br />votes by the Board concerning the appropriation or acquisition. <br />The Board shall exercise, enforce, and protect such water rights, <br />water, or interests in water in the following manner: <br /> <br />a. The Board shall taxe such action under state law, <br />including requesting administration by the State Engineer and the <br />appropriate division engineer and initiating water court proceed- <br />ings, as may be necessary to fully exercise its water rights or <br />to obtain delivery of acquired water or interests in water. Such <br />water shall be protected within the entire stream reach for which <br />the aoorooriation or acauisition is made. <br /> <br />b. The Board shall protect its water rights by <br />filing a statement of opposition or otherwise participating in <br /> <br />-6- <br />