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<br />.' <br /> <br />.. <br /> <br />. <br /> <br />. <br /> <br />3. <br />Rights. <br /> <br />Future Disposition of the Juniper-Cross Mountain Water <br /> <br />A. The study will address the potential for use of a <br />portion of the Juniper-Cross Mountain water rights owned by the <br />District in alternate reservoir sites, and the potential for the <br />balance of those rights being used for the purpose of providing <br />instream flows for endangered fish (Attachment 1). The study will <br />recognize the subordination provision of the Juniper-Cross Mountain <br />water rights to upstream consumptive uses as provided in decrees. <br /> <br />B. The District is under no obligation to sell the <br />Juniper-Cross Mountain water rights to any party as a result of <br />Program funding of the study, or the outcome of the study. <br /> <br />C. If a reservoir is constructed as a result of the <br />Study, the District will reimburse the Recovery Program the <br />$100,000 of Program funds spent on the study. The reimbursement <br />may take the form of an equivalent value of Juniper-Cross Mountain <br />water rights. <br /> <br />D. If the study does not result in a project being <br />constructed, whether or not the River District subsequently sells <br />the Juniper-Cross Mountain water rights, the District is not <br />obligated to reimburse the Program for the $100,000 spent on the <br />study. <br /> <br />4. U. s. Fish and Wildlife Service (Service) Participation <br />in the Study. <br /> <br />The parties to this memorandum recognize that: <br /> <br />A. The Service will participate in the study on an <br />independent basis, not representing the Recovery Program. <br /> <br />B. The Service will provide technical reviews of <br />alternative sites and reservoir operations for the purpose of <br />identifying potential impacts on: 1) endangered fishes in the <br />Yampa River and Green River; 2) other endangered species; and 3) <br />non-endangered fish and wildlife resources, and will provide the <br />results of these analyses to the technical steering committee. <br /> <br />C. The Service will not participate in the selection <br />of any recommended or preferred alternatives. <br /> <br />D. The Service has provided endangered species flow <br />recommendations for the Yampa River dated November 9, 1989. These <br />interim recommendations will be used by the contractor in the Study <br />to identify potential impacts and potential benefits of proposed <br />alternatives to endangered fishes in the Yampa River. <br /> <br />3 <br />