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~ • <br />4 <br />w ~ <br />1 <br />WHEREAS, one element of the Implementation Program, ~ 4.1, <br />involves-identifying the endangered fish species' flow requirements- <br />and acquiring or appropriating water or water rights"to provide-th©se <br />flows in a manner consistent s~ith all state laws; .and. - - _ <br />WHEREAS, ~ 4.1.3.c.1 of the Implementation Program specifically <br />states: <br />AD~+iI N I SfiRAfi I ON OF I N STR EAM Ii'LOWS I ItiI CaLORADt? <br />The State of Colorado has in place a law that <br />allows for the appropriation and acquisition of <br />water rights to preserve the natural environment <br />to a reasonable degree (Colo. Rev. Stat.. <br />37-9Z--102{3~]. Instream flows for stream seg- <br />ments within. the State of Colorado, including <br />those supplied by Ruedi and Blue Mesa Reservoirs <br />for instream purposes, will be appropriated and <br />acqui-red by the Colorado Water Conservation <br />Board pursuant to the procedural and substantive <br />requirements of State law.. fihe Secretary will <br />recommend the appropriation and acquisition of <br />instream flow water rights, and the-ways and - <br />means of doing so, to the Colorado Wa-ter Conser~ <br />vation Board. ~ .. <br />It ~i~s ~anticigated that- the __Secretary ._ and the _ <br />Board will execute an agreement. -to beEter define- -_;= _-_ <br />their respecti-ve responsibilities under this - - <br />procjram. Such-an agreement will provide that <br />the Secretary and the Board will work together <br />in good faith to carry out the terms of this <br />grogram. - - <br />and <br />WHEREAS, the Service is relying upon the Board to appropriate, <br />acquire, and enforce instream flow water right s. for the listed species <br />under state law; and <br />WHEREAS, the Service has agreed to install and maintain any _ <br />gauges or other measuring or recording devices, including remote read- <br />©ut devices fie. ., satellite monitoring equipment, necessary for the <br />State Engineer to administer instream flows appropriated or acquired <br />by the Board to benefit the listed species; and <br />WHEREAS, the Service has agreed that any appropriation of water <br />rights or acquisition of water, water rights, or interests in water by <br />the Board for the benefit of the listed species shall be considered in <br />-3- <br />