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resources of the Colorado River and its principal tributaries, and is vested with sufficient <br />authority to recei~=e and manage funds and to coordinate certain activities under the <br />Recover:- Implementation Program-Recovery Action Plan ("RIPRAP") benefitting the <br />four Colorado River endangered fishes and water resources in general. The River District <br />o«-ns and conducts a business engaged in «~ater activities pursuant to the Colorado Water <br />Activity Enterprise Act, Article 45.1 of Title 37, C.R.S., in order to provide for the <br />beneficial use of water within the District. The River District's Board of Directors <br />confirmed its authority to operate such a business by Resolutions adopted on July 16, <br />1985, October 19, 1993, October 19, 1999, and October 17, 2000. For purposes of this <br />Acquisition Agreement, the River District is acting by and through its Colorado River <br />Z'~'ater Projects Enterprise and;`or by and through its Board of Directors, or both, as <br />determined by the River District. The River District has authority to perform all acts and <br />things necessary or advisable to secure and insure an adequate supply of water, present <br />and future,'' «-hich includes the authority to construct, own, operate, and maintain water <br />storage facilities; and <br />5. ~'~'HEREAS, the C`'~%CB is a state agency «-ithin the Colorado Department of Natural <br />Resources (DNR) created for the purpose of aiding in the protection and development of <br />the «-aters of the state for the benefit of the state's present and future inhabitants. The <br />C~~'CB is authorized by section 37-92-102{3), C.R.S., to acquire from any person, <br />including any governmental entity, such water, «rater rights or interests in «~ater as the <br />C~'~'CB determines maybe required for instream flo`vs to preserve or improve the natural <br />environment to a reasonable degree and to take whatever action maybe needed to ensure <br />such instream flo«-s remain in the river: and <br />6. «'HEREAS, the Service and the C~'~'CB entered into a Memorandum of Agreement dated <br />September 21, 1993, attached hereto as Exhibit A, concerning enforcement and protection <br />of endangered fish species' instream flo«~s ("the Enforcement Agreement") and the <br />Ser~-ice is relti~ing upon the CV~'CB to appropriate, acquire and enforce instream flow <br />«-ater rights for the listed species under state law; and <br />7. ~'~THEREAS, pursuant to Article 92, Title 37, C.R.S., as amended, the State Engineer's <br />Office is responsible for the administration and distribution of the «-aters of the State, <br />and, under Article 92, Title 37, C.R.S., the CWCB may call upon the State Engineer and <br />the Division Engineer for `'eater Division 6 ("Division 6 Engineer") to administer water, <br />«-ater rights or interests in ~~-ater held by the CWCB for instream flows to preserve or <br />improve the natural environment to a reasonable degree within the Critical Habitat Reach <br />of the ~'ampa River, «-hich enforcement actions are more fully described in the <br />Enforcement Agreement and in this Acquisition Agreement; and <br />8. ~~'HEREAS, the Service has agreed that any acquisition of «~ater, water rights, or interests <br />in «:-ater by the C~~'CB for the benefit of the four listed fish species shall be considered in <br />determining whether there has been sufficient progress for the Recovery Program to <br />I:'=~~-:Cer_ts~~i~-erD:.tricc~l-E'ilchead-I!~'~_~~eetttznts`_-~cq'n~Vrrt' al.w 3_ <br />~aQe 2 of 1 ~ <br />Januan_- ~_ _!,~_~ ~ ~ <br />