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<br />f <br /> <br />. <br /> <br /> <br />- <br /> <br />MEMORANDUM OF AGREEMENT <br />BETWEEN THE UNITED STATES DEPARTMENT OF THE INTERIOR <br />NATIONAL PARK SERVICE AND <br />BUREAU OF RECLAMATION <br />AND THE COLORADO WATER CONSERVATION BOARD <br />CONCERNING THE ENFORCEMENT AND PROTECTION <br />OF WATER AND WATER RIGHTS <br /> <br />THIS MEMORANDUM OF AGREEMENT (MOA) is entered into this day of July 31, <br />2003 pursuant to Articles 60 and 92, Title 37 of the Colorado Revised Statutes (2002); the <br />National Park Service Organic and General Authorities Act, 16 U.S.C. S I et. Seq. (1916); <br />Black Canyon of the Gunnison National Park Act, 16 U.S.C. S 4lOfff et. Seq. (1999); Act of <br />June 17, 1902, 32 Stat. 388 and all Acts amendatory thereof and supplementary thereto; <br />between the United States Department of the Interior, National Park Service and Bureau of <br />Reclamation, and the Colorado Water Conservation Board, an agency of the State of Colorado. <br />Hereinafter, the parties shall be referred to respectively as the "National Park Service," the <br />"Bureau of Reclamation," and the "Board," <br /> <br />FACTUAL RECITALS <br /> <br />A. The National Park Service is the federal agency responsible for protecting the <br />natural resources, including the water resources, of the Black Canyon of the Gunnison National <br />Park (hereinafter referred to as the "Black Canyon"). The National Park Service Organic and <br />General Authorities Act, 16 U.S,C, S I et. Seq. (1916); Black Canyon of the Gunnison <br />National Park Act, 16 U.S.C, S 410fffet. Seq. (1999). <br /> <br />B. The Bureau of Reclamation is the federal agency responsible for operating the <br />Wayne N, Aspinall Unit of the Colorado River Storage Project (hereinafter referred to as <br />"Aspinall") in accordance with the Colorado River Storage Project Act. Colorado River <br />Storage Project Act, 43 U.S.C. S 620 et. Seq. (1956). <br /> <br />C. The Board is a state agency created for the purpose of aiding in the protection <br />and development of the waters ofthe state for the benefit of the state's present and future <br />inhabitants. S 37-60-102, C.R.S. (2002). <br /> <br />D. The Board is vested with the exclusive authority to appropriate such waters of <br />natural streams as the Board determines may be required for minimum stream flows to <br />preserve the natural environment to a reasonable degree. Prior to doing so the Board requests <br />recommendations from state and federal agencies, including the United States Department of <br />the Interior. S 37-92-102(3), C.R.S.(2002). <br /> <br />E. In 1971, the National Park Service applied for reserved water rights for the <br />Black Canyon (then a national monument) in Case No. W-437, Water Division 4. On October <br />2, 1978, the water judge in the consolidated cases in Water Divisions 4,5, and 6 entered an <br />