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<br />environment of the Black Canyon, will not interfere with the authorized purposes of Aspinall, <br />and will avoid the uncertainties and costs of litigation. <br /> <br />O. This MOA applies only to the Board's instream flow water right that is the <br />subject of the 2003 Agreement and shall establish no precedent, expectation, or interest with <br />respect to any other stream or instream flow water right within the State of Colorado, <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants hereinafter set for, the <br />parties agree as follows: <br /> <br />DEFINITIONS <br /> <br />1, Where used in this MOA, unless specifically expressed otherwise or obviously <br />inconsistent with the intent of this agreement, the following definitions will.apply: <br /> <br />a, "Subject stream reach" refers to the reach of the Gunnison River from <br />below the Gunnison Diversion Dam through the Black Canyon to the confluence of the North <br />Fork of the Gunnison River <br /> <br />b, "Subject water right" refers to the instream flow water right to be <br />appropriated by the Board pursuant to the 2003 Agreement. <br /> <br />c. "Subordination Agreement" refers to the Agreement Among the United <br />States of America, the Colorado State Engineer, the Colorado River Water Conservation <br />District, and the Upper Gunnison River Water Conservancy District for the Administration of <br />Water Pursuant to the Subordination of Wayne N. Aspinall Unit Water Rights Within the <br />Upper Gunnison River Basin, Contract No. 00-WC-40-6590, dated June 1,2000. <br /> <br />d. Definitions contained in S 37-92-103 (2002) of the Water Right <br />Detennination and Administration Act of 1969 will apply. <br /> <br />TERM OF THIS .A.CREEMENTMOA <br /> <br />2. This MOA shall become effective on the date entered into. <br /> <br />ENFORCEMENT AND PROTECTION OF INSTREAM FLOW RIGHTS <br /> <br />3, This agmementMOA shall apply to, and only to, the subject water right. <br /> <br />4, The Board shall exercise, enforce, and protect the subject water right in the <br />following manner: <br /> <br />a. The subject water right shall be subjec: subordinated to the same water <br />rights that Aspinall is subordinated to under the Subordination Agreement. <br /> <br />b. Exercise of the subject water right shall not interfere with the authorized <br />-3- <br />