Misc. Related Agreements

• Case Number: 02CW0106
• Stream Name: Yampa River
• Watershed: Yampa
• Water Division: 6
• County: Routt
• Instream Flow Acq - Doc Type: Misc

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 list 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 Secretary of the
Interior, has determined that the instream flows that are the subject
of this MoA are no longer needed to recover or offset the likelihood
of jeopardy to the listed species in the Upper Colorado River Basin;
or
d. The Implementation Program has been terminated and the
Service, in section 7 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agreement and (1) Colorado has withdrawn from the Cooperative Agree-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 Basin or (2) the Implementation Program has been
terminated.
ENFORCEMENT 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 Board
pursuant to the Implementation Program to preserve the natural envi-
ronment within a particular stream reach for the benefit of the listed
species in the Upper C°olorado River basin. The Board shall make a
finding that that is the ~~r~ose o~ every app~ropri~tian or~ acquisition
Which is for the benefit of the listed species and that this MOA will
apply to it. 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 which the appropriation
or acquisition is made.
b. The Board shal_1 protect its water rights by filing a
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