MoA Concerning the Enforcement and Protection of Water and Water Rights (2)

Home Browse Search

MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE AND THE COLORADO WATER CONSERVATION BOARD CONCERNING THE ENFORCEMENT AND PROTECTION OF WATER AND WATER RIGHTS THIS MEMORANDUM OF AGREEMENT (MOA) is entered into this a0� _day of %5e -e m b,-_ , 1993, pursuant to the Endangered Species Act, 16 U.S.C. "§ 1531 et seq. the Fish and Wildlife Coordination Act, 16 U.S.C.. S 661 et seq. and Title 37, Article 60 of the Colorado Revised Statutes (1990), between the United States Department of the Interior, Fish and Wildlife Service, and the Colorado Water Conservation Board, an agency of the State of Colorado. Hereinafter, the parties shall be referred to respectively as the "Service" and the "Board." EXPLANATORY RECITALS WHEREAS, under the Endangered Species Act, the Service is re sponsible for the protection and recovery of threatened and endangered species, including four endangered fish species in the Upper Colorado River Basin; and WHEREAS, section 7 of the Endangered Species Act, 16 U.S.C. § 1536, requires the Service to consult with other federal agencies to insure that any action authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or ad- verse modification of critical habitat of such species; and WHEREAS, section 2 of the Endangered Species Act, 16 U.S.C. § 1531(c)(2), declares that it is the policy of Congress for federal agencies to cooperate with state and local agencies to resolve water resource issues in concert with conservation of endangered species; and WHEREAS, the Upper Colorado River Basin states, including the State of Colorado, play a key role in determining how the river system's water resources are developed and have a corresponding inter- est in legal requirements that could constrain water resource develop- ment; and WHEREAS, the states, including the State of Colorado, histori- cally have been responsible for managing resident fish and wildlife resources, including threatened or endangered species that occur within their territories ( see, e.g. S 33 -2 -102, C.R.S.; Cooperative Agreement Between U.S. Dept. of Interior, Fish and Wildlife Service, and Colorado Dept. of Natural Resources, Div. of Wildlife, for Conser- vation of Endangered and Threatened Fish or Wildlife (1976)); and