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<br />) <br /> <br />" <br /> <br />. <br /> <br />Additionally, the U.S. Fish and Wildlife Service is currently finalizing work on the Yampa River <br />Programmatic Biological Opinion (PBO), The PBO needs to be completed prior to beginning construction <br />on the Elkhead Reservoir Enlargement Staff has reviewed the comments submitted to the Service on the <br />PBO, and recently reviewed the Service's response, Staff is confident that the PBO will be issued shortly <br />and the NEPA process required for the reservoir enlargement will be complete. However, at this point, staff <br />is recommending that the Board's approval of the proposed Acquisition Agreement be contingent upon <br />satisfactory completion of the NEPA process, <br /> <br />Staff Recommendation <br /> <br />Staff recommends that the Board: <br /> <br />1) Determine that the acquired water rights should be utilized to preserve or improve the natural <br />environment in the Critical Habitat Reach of the Yampa River for the benefit of the listed fish species <br />in the Upper Colorado River Basin, in accordance with the provisions of the Acquisition Agreement. <br /> <br />2) Make a specific finding, pursuant to Paragraph 3 of the "Memorandum of Agreement Between the <br />United States Department of the Interior Fish and Wildlife Service and the Colorado Water <br />Conservation Board Concerning the Enforcement and Protection of Water and Water Rights" dated <br />September 1993 (Exhibit A to the Acquisition Agreement), that the purpose of this water acquisition <br />is for the benefit of the listed species in the Upper Colorado River Basin and that the 1993 MOA will <br />apply to this acquisition. <br /> <br />3) Conclude that the proposed acquisition of water rights is appropriate to preserve or improve the <br />natural environment in the Critical Habitat Reach of the Yampa River for the benefit of the listed fish <br />species in the Upper Colorado River Basin, <br /> <br />. <br /> <br />4) Approve the attached Acquisition Agreement between Reclamation, the River District, the Service <br />and the CWCB contingent upon <br /> <br />a. Satisfactory completion of the NEPA process for the Elkhead Reservoir enlargement, <br />including the accompanying Yampa River Programmatic Biological Opinion, and, <br /> <br />b. Satisfactory resolution of the indemnification language issue with the Solicitor's Office. <br /> <br />5) Acquire the proffered water rights pursuant to the terms of the Acquisition Agreement and subject to <br />the conditions of paragraph 4 above, <br /> <br />Attachment <br /> <br />. <br /> <br />4 <br />