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,y <br />._ <br />MEMORANDUM OF AGREEMENT <br />BETWEEN TfiE UNITED STATES DEPARTMENT OF THE INTERIOR <br />k`ISH AND WILDLIFE SERVICE AND <br />THE•COLORADO WATER CONSERVATION HOARD <br />CONCERNING THE ENFORCEMENT AND PROTECTION <br />- OF WATER AND WATER RIGHTS - <br />THIS MEMORANDUM OF AGREEMENT (MOH} is entered into this a,~iday <br />of SP.~~-PYn b-~P~ , 1993, pursuant to the Endangered -Species Act, 16 <br />U.S.C. ~ 1531 et seq., the Fish and Wildlife Coordination Act, lfi <br />U.S.C. ~ 661 et seq., and Title 37, ArticYe 60 of the Colorado Revised <br />Statutes (1990), between the United States~Department of the Interior, <br />'Fish and Wildlife Service, and_the Colorado Water Conservation Board, <br />an agency of the State of-Colorado. Hereinafter, the parties shall be <br />referred-to respectively as the "Service" and the."Board," <br />EXPLANATORY RECITALS <br />W~iEREAS, under the Endangered Species Act, the Service is re- <br />sponsible for the protection and recovery of threatened and endangered <br />species, including four endangered fish. speci-es in the Upper Cola_ rado <br />River Basin; and - _ = <br />- WHEREAS, .sect-ion - 7 of _the- Endang_ eyed Sgeces Act, -16- U. S.C-. <br />1536,- requires-the Services to consult with other federal agencies to <br />insure that any action authorised, funded, or-carried out by such - <br />agencies is not likely to jeopardize the continued existence of any <br />endangered or threatened species or result in the destruction or ad- <br />verse modification of critical habitat of such species; and <br />WHEREAS, sectipn 2 of the Endangered Species Act, 16 U.S.C. ~ <br />1531(c~(2-), declares that it is the-policy of Congress for federal <br />agencies to cooperate with state and local agencies to resolve water <br />resource issues in concert with conservation of endangered species; <br />and - <br />WHEREAS, the Upper Colorado River Basin states, including the . <br />State of Colorado, play a key role-in determining how the river <br />system's water resources are developed and have a corresponding inter- <br />est in legal requirements that could constrain water zesource develop- <br />ment; and <br />WHEREAS, the states, including the State of Colorado, histori- <br />cally have been responsible for managing resident fish and wildlife <br />resources, including threatened or endangered species that occur <br />within their territories (see, e.g., ~ 33-2-102, C.R.S.; Cooperative <br />Agreement Between U.S. Dept, of Znterior,= E'ish and Wildlife Service, <br />and Colorado Dept. of Natural Resources, Div. of Wildlife, For Conser- <br />vation of Endangered and Threatened Fish or Wildlife (1976)}; and <br />EXHIBIT <br />~ A <br />