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<br />, <br /> <br />., <br /> <br />. <br /> <br /> <br />e <br /> <br />to the Board to support the Board's determination of the minimum stream flows necessary to <br />preserve the natural environment of the Black Canyon to a reasonable degree. <br /> <br />N, Implementation of the 2003 Agreement will preserve to a reasonable degree the <br />unique natural environment of the Black Canyon, will not interfere with the authorized <br />purposes of Aspinall, 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 the following <br />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, as set forth in the Notice of Intent <br />to Appropriate, Colorado Water Conservation Board, May 23,2003, and as subsequently <br />decreed. <br /> <br />c. Definitions contained in S 37-92-103 (2002) of the Water Right Determination <br />and Administration Act of 1969 will apply. <br /> <br />TERM OF THIS MOA <br /> <br />2. This MOA shall become effective on the date entered into and shall be effective <br />so long as the subject water right is valid. <br /> <br />ENFORCEMENT AND PROTECTION OF INSTREAM FLOW RIGHTS <br /> <br />3, This MOA 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, Exercise of the subject water right shall not interfere with the operations <br />or authorized purposes of the Aspinall Unit. <br /> <br />-3- <br />