Elkhead Reservoir Final Acquisition Agreement

• Case Number: 02CW0106
• Stream Name: Yampa River
• Watershed: Yampa River
• Water Division: 6
• County: Routt
• Instream Flow Acq - Doc Type: Contracts,MOA/MOU,Leases,Agreements

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b. The_United States, acting through the .Secretary of the
Interior, has removed =the listed species -in the Upper. Colorado-River
Basin from the endangered or threatened species-lint and-determined":
that-the instream flows that are the subject.of this MOA are no longer
needed. to prevent the species from being relisted under the Endangered
Species Act; or ~-
c. The United States, acting through the Secreta-ry of the
Interior, has determined that the instream flows that acre the subject
of this MOA are no longer needed to recover or offset the likelihood
of jeopardy to-the listed species in the Dpper Colorado River Basin;
or -
d. The Implementation Program has been terminated and the
Service, in section ? consultations, has not relied or is not relying
on the appropriations and acquisitions made by the Board; or
. e. The Service is not complying with paragraph 6 of this
agreement and ~1~ Colorado has withdrawn from the Cooperative Agree-
ment for-Recovery Implementation Program for Endangered Species in the
Upper Colorado River Hasin or {2) the Implementation Program has been
terminated.
ENFQRCEMENT AND PROTECTION OF -
. ENDANGERED FISH SPECIES' INSTREAM°FLOWS ~.
3. This- agreement shall -apply to,. and: only. =_to, -water -rights-,,- -
water, or interests in water appropriated or acquired by the Soard
pursuant to the Implementation Program to preserve- the natural envi-
ronment within a particular stream reach far the benefit of the listed
sgecf es in the U ~~~ ~1~~~~ ~~~C~' #t~~ ~=~3~~~ ~F~~--~ ~-_
-~°~~:~°°~=~~~~-~~-~ ~~~ ~ this MOA wi1~.
.-~"~~-~~s~ the Board shall provide notice of such findings to the
Service in the form of either a written resolution or a transcript of
all motions and votes by the Board concerning the appropriation or ac-
quisition. The Board shall exercise, enforce, and protect such water
rights, water, or interests in water- in the following-manner:
a. -The Board shall take such action under state law, in-
cluding requesting administration by the State Engineer and the appro-
priate division engineer and initiating water court proceedings, as
may be necessary to fully exercise its water rights or to obtain de-
livery of acquired water or interests in water. Such water shall be
protected within the entire stream reach for whic[~ the appropriation
or acquisition is :Wade.
b, The Board shall protect its water rights by filing a
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