BOARD00565

• Board Meeting Date: 3/20/2000
• Description: WSP Section - Colorado River Basin Issues - Endangered Fish Recovery Program - 15-Mile Reach Programmatic Biological Opinion - Implementation Update
• Board Meetings - Doc Type: Memo

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Agenda Item 23f
March 20-21, 2000 Board Meeling
Page 5 of12

Memorandum of Agreement
For The Interim Provision Of Water
To The IS-Mile Reach Of The Colorado River
DRAFT - FEBRUARY 29, 2000 VERSION

This Agreement for the Interim Provision of Water to the 15-Mile Reach of the Colorado River (the
"Agreement") is entered into by and between the City and County of Denver. acting by and through its Board of
Water Commissioners ("Denver Water"), the Colorado Water Conservation Board ("CWCB"). and the U.S. Fish
and Wildlife Service (the "Service").

1. Recitals

Denver Water is a municipal corporation created and existing under the Charter of the City
and County of Denver and other applicable Colorado law. Denver Water is responsible to
maintain a water works system necessary to supply the needs of the City and County of
Denver and its contract distributors with water for all uses and purposes.

The Service is a bureau in the U.S. Department of the Interior created pursuant to federal law.
A mission of the Service is to work with others to conserve, protect, and enhance fish and
wildlife and their habitats for the continuing benefit of the American people.

The CWCB is a Colorado State agency created for the purpose of aiding in the protection and
development of the waters ofthe state.

The Colorado River Water Conservation District ("River District") is a political subdivision
of the State of Colorado created and existing pursuant to its Organic Act, C.R.S. 937-46-
101 et seq., and other applicable Colorado law. The River District is responsible for
promoting the conservation, use, and development of Colorado River water for the benefit
of the district and its inhabitants and the State of Colorado.

The parties to this Agreement are participating in the Recovery Implementation Program for
Endangered Fish Species in the Upper Colorado River Basin (the "Recovery Program"),
designed to aid in the recovery of four species of fish listed as endangered under the
Endangered Species Act, and have cooperatively worked on the development of recovery
actions described in the Programmatic Biological Opinion (the "PBO") for the
Implementation of the Recovery Program in the IS-Mile Reach of the Colorado River
dated December 20, 1999.

The Recovery Program and PBa rely on a permanent commitment by water users in the State
of Colorado to deliver 10,825 acre-feet of water per year to the IS-Mile Reach of the
Colorado River for flow augmentation for the four listed fish species.