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<br />Agenda Item 23g -15MR PBO <br />January 16,2000 <br />Page 4 of8 <br /> <br />. <br /> <br />DRAFT <br />01/11/00 <br /> <br />MEMORANDUM OF AGREEMENT <br /> <br />This Memorandum of Agreement is made this _ day of March 2000 by and between the <br />COLORADO RIVER WATER CONSERVATION DISTRICT acting by and through its Colorado River <br />Water Projects Enterprise (hereinafter referred to as the "District"), a political subdivision of the State of <br />Colorado, and the COLORADO WATER CONSERVATION BOARD (hereinafter refen-ed to as the <br />"Board"), an agency of the State of Colorado. <br /> <br />Exolanatory Recitals <br /> <br />1. The District has constructed Wolford Mountain Reservoir on Muddy Creek, which flows <br />into the Colorado River near Kremmling, Colorado, 10 itnplement agreements concerning and providing for <br />the beneficial use of water in Colorado, and the District anticipates contracting wi1h the United States <br />Bureau of Reclamation ("Reclamation") for 1,500 acre feet of annual water delivery from Ruedi Reservoir <br />. located on the Fryingpan River. <br /> <br />2. The District owns decreed and applie(j for rights to store water in and release water from <br />Wolford Mountain Reservoir for various beneficial uses, which rights are evidenced by: <br /> <br />a. The Decree entered Novel\1ber 20, 1989 by the District Court in and for <br />Colorado Water Division NO.5 ("Water Court") in Case No. 87CW283; <br /> <br />b. The Decree entered April 2, 1996 by the Water Court in Case No. 95CW251 <br />which made the rights decreed in Case No. 87CW283 partially absolute for <br />recreational and piscatorial uses; <br /> <br />c. The Decree entered August ~6, 1997 by the Wa1er Court in Case No. 95CW281; <br />and <br /> <br />d. The Decree pending adjudication by the Water Court is Case No. 98CW237. <br /> <br />. <br /> <br />3. Pursuant 10 section 7 of the Endangered Species Act, the U.S. Fish and Wildlife Service <br />(the "Service") consulted with Reclamation regarding the impacts of the operation of five Reclamation <br />projects in the Colorado River mainstem drainage on four endangered Colorado River fish species. <br />Pursuant to the resulting programmatic biological opinion dated December 1999, the Colorado River Water <br />Conservation District, ac1ing in its policy rather than its enterprise capacity (the "River District"), and the <br />