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BOARD00567
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Last modified
8/16/2009 2:51:59 PM
Creation date
10/4/2006 6:40:40 AM
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Board Meetings
Board Meeting Date
1/26/2000
Description
WSP Section - Colorado River Basin Issues - 15 Mile Reach Programmatic Biological Opinion - Implementation
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />. <br /> <br />. <br /> <br />Agenda Item 23g -15MR PBO <br />January 16,2000 <br />Page 5 of8 <br /> <br />Service entered into a Memorandum of Understanding (the "MOU"), a copy of which is attached as Exhibit <br />1, concerning the delivery of up to 5,412.5 acre feet of the Districl's water annually from Wolford <br />Mountain Reservoir and Ruedi Reservoir to the so-called "15-Mile Reach." <br /> <br />4. By Resolution adopted January 19, 2000, the District authorized delivery and use of the <br />Water in the manner contemplated herein in the implementation of the MOU. <br /> <br />5. The Board is authorized by Section 37-92-102(3), C.R.S., to acquire from any person, <br />including any governmental entity, such water or interests in water that the Board determines may be <br />required for minimum stream flows to preserve the natural environment to a reasonable degree and to take <br />whatever actions may be needed to ensure that such minimum streamflows remain in the stream channel <br />for such purpose. <br /> <br />6. Pursuant to Sections 37-92-301 and -501, C.R.S., the Colorado State Engineer and the <br />Division Engineer for Water Division 5 are responsible for 1he administra1ion and distribution of the <br />waters of the Colorado River and its tributaries within Colorado, and, pursuant to Section 37-92-102(3), the <br />Board may call upon the State Engineer and the Division Engineer for Water Division 5 to administer water <br />or interests in water held by the Board for such minimum streamflows. <br /> <br />7. The Board has determined that obtaining the Water for delivery to and through the 15- <br />Mile Reach as contemplated by the MOU and in accordance with this Agreement will contribute to <br />preserving the natural environrnen1 to a reasonable degree and is consistent with the Board's authorities <br />under Section 37-92-102(3), C.R.S. <br /> <br />8. The loan of the Water from the Distric1 to the Board pursuant to this Agreement is <br />consistent with the Recovery Implementation Program Recovery Action Plan (RJPRAP) to preserve the <br />natural environment within the 15-Mile Reach for the benefit of the listed endangered species in the Upper <br />Colorado River Basin. The Board has determined that this is the purpose of the loan and that paragraph 3 of <br />the Memorandum of Agreement entered into on September 21, 1993, between the Board and the Service <br />(the "Enforcemen1 Agreement") will apply to it.. Nothing herein shall be deemed to amend or modify the <br />MOU between the District and the Service (Exhibit 1). <br /> <br />Aereements <br /> <br />NOW, THEREFORE, in consideration of the foregoing recitals and 1he mutual covenants <br />hereinafter se1 forth, the parties hereto agree as follows. <br /> <br />A. Definitions. As used herein, the term: <br /> <br />I. <br /> <br />The" I 5-Mile Reach" means the reach of the Colorado River from the headgate <br />of the Grand Valley Irrigation Company's diversion ditch (the "head" of the <br />
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