MoA Concerning the Enforcement and Protection of Water and Water Rights

Home Browse Search

i • statement of opposition or otherwise participating in any proceeding on an application filed in water court the granting of which would cause more than de minimus injury to the Board's right. Nothing in this agreement shall preclude the Board, in its sole discretion, from opposing an application the granting of which would cause de minimus injury to its right. , c. The Board shall not abandon, in whole or in part; sub- ordinate; lease; sell; donate; otherwise dispose of; compromise; subjugate; or encumber such water rights, water, or interests in water in any manner whatsoever without the consent of the Service, except that this provision shall not apply to water rights appropriated or acquired by the Board pursuant to paragraph 4 of this agreement. d. The Service may consent to what would otherwise be a. violation of paragraph 3.a, b, or c above. In determining if it will grant such consent, the Service shall base its determinations solely on concerns relating to listed fish species. 4. The parties contemplate that the Board may appropriate or acquire instream flow water rights all or a portion of which are explicitly subject to modification based on later information needed to resolve scientific uncertainties and uncertainties concerning Colo- rado's use of its compact entitlement. The Board will be primarily responsible for developing information on compact issues and the Ser- vice will be primarily responsible for developing scientific informa- tion. The Board agrees to consult with the Service before modifying such rights. a. The Board and the Service each agree to make a good faith effort to work together in a cooperative manner to develop or acquire additional information concerning such rights. b. The Board shall comply with the provisions of para- graphs 3.a, b, and c above except to the extent that the Board modi- fies any of the water rights. 5. The Service shall install and maintain any gauges or other measuring or recording devices, including remote read -out devices ( e.g. , satellite monitoring equipment), necessary for the State Engi- neer to administer instream flows appropriated or acquired by the Board to benefit the listed species. 6. The Service shall consider any appropriation of water rights or acquisition of water, water rights, or interests in water by the Board for the benefit of the listed species in determining whether there has been sufficient progress under the Implementation Program for the program -to function as a reasonable and prudent alternative tc