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MEMORANDUM OF AGREEMENT <br /> BETWEEN <br /> THE COLORADO WATER CONSERVATION BOARD <br /> AND THE <br /> CITY OF CANON CITY <br /> REGARDING THE DESIGN AND CONSTRUCTION OF WHITEWATER PARK <br /> STRUCTURES <br /> This Memorandum of Agreement (MOA) is entered this day of t.\ , 2008, between <br /> the State of Colorado, Colorado Water Conservation Board ("C CB"), and Canon City, <br /> (collectively hereinafter, the"Parties"): <br /> WHEREAS, Canon City is located on the Arkansas River just downstream from the spectacular <br /> and unique rapids in the Royal Gorge; and, <br /> WHEREAS, Canon City is the take out area for tens of thousands of whitewater enthusiasts who <br /> recreate on the Arkansas River; and, <br /> WHEREAS, thousands of the whitewater enthusiasts are kayakers who would further enjoy a <br /> whitewater park within Canon City; and, <br /> WHEREAS, a whitewater park within Canon City has the potential to enhance Canon City's <br /> already thriving recreation-based tourism economy; and, <br /> WHEREAS, the Colorado Water Conservation Board has funds available for the design and <br /> construction of whitewater parks that are designed and constructed in a manner so as to comport <br /> with Colorado's statutory requirements and the Board's rules and policies regarding Recreational <br /> In-Channel Diversions ("RICDs"); and, <br /> WHEREAS, the Colorado Water Conservation Board supports the protection of non- <br /> consumptive uses within the State in a manner so that they are compatible with the Board's <br /> responsibilities to maximize utilization of Colorado's water resources and the protection of <br /> Colorado's entitlements under interstate Compacts and equitable apportionment decrees; <br /> WHEREAS, future development in the Arkansas River basin shall not cause depletions of usable <br /> Stateline flow under Article IV-D of the Arkansas River Compact, C.R.S. 37-69-101, and <br /> flexibility in water operations is essential to meeting future demand in the basin; and, <br /> WHEREAS, Chaffee County has obtained a water right for a Recreational In-Channel Diversion <br /> that is administered at the Wellsville Gauge on the Arkansas River, which is located just <br /> upstream of Canon City, and the exercise of that RICD is expected to provide a reliable flow in <br /> the Arkansas River through the City. <br /> NOW THEREFORE, the Parties hereby agree as follows: <br /> 1 <br />