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

FROM:RE5. RIGHTS

TO:

303 666 447"

~FR 21, 1993 12: 23Pi-! 1:143:0 P. 11'

other measuring or recording devices, including remote read-out
devices (~, satellite monitoring equipment), necessary for the
State Eng~neer to administer instream flows appropriated or ac-
qui~ed by the Board to benefi: the listed species.

6. The Service shal~id~ny appropriation of water
rights or acquisition of wa , water rights, or interests in
water by the Soard for the benefit of the listed species in de-
termining whether there has been sufficient progress under the
Implementation Program for the program to function as a reason-
able and prudent alternative ae-~ha~-nev-wa~e~-deye:e~~e"e-may
~~eeeed to avoid the likelihood of jeocardv from existing and new
water cro)ects. Should the Implementation Program be terminated
for any reason whatsoever, the Service, in consulting under
section 7 ef-efte-Bftdaftge~ed-gpec~ee-Act, sha:: aqrees to continue
to consider such appropriations and acquisitions made by the
Board for the benefit of the listed species to function as a
reasonable and prudent alternative vh~eh-w~::-eftaeie-wa~e~-eeye~-
C1pllleftt:-t:"-pl:'eeeed to avoid the likelihood of ieooardy from exist-
ine and new water develc~men~.

7. The terms of this MOA shall be enforceable by either
party in an action for specific performance in a court of compe-
tent jurisdiction.

a. This MOA does not authorize the Service or any
other person, entity, or governmental agency to assert the
Board's rights or interests in any judicial or administrative
proceeding.

(

ciades and
Service and

b. This MOA.
shall not be
the Board.

shall not create any third party benefi-
-
enforceaole by anyone other than the

c. Before commencing an action to enforce this MOA,
the party alleging violation shall notify the other party in
writing of the alleged violstion and the parties shall make a
good faith effort to resolve their differences through informal
... di SCUS6 ions.

8. This MOA shall apply to all instream flow appropria-
tions and acquisitions by the Board for the benefit of the listed
species in the Opper Colorado River basin; provided, however,
that the parties contemplate that, pursuant to S 37-92-102(3),
C.R.S., they may enter into separate agreements with respect to
any ~ater, water rights, or interests in water which the Board
may acquire from the United States, including any of its agen-
cies, in which case the terms and conditions of such agreements

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