BOARD01632

• Board Meeting Date: 9/13/2004
• Description: ISF Section - Proposed Water Right Acquisition - Elkhead Reservoir Enlargement
• Board Meetings - Doc Type: Memo

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MEMORANDUM OF AGREEMENT
BETWEEN THE UNITED STATES DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE AND
THE COLORADO WATER CONSERVATION BOARD
CONCERNING THE ENFORCEMENT AND PROTECTION
OF WATER AND WATER RIGHTS

THIS MEMORANDUM OF AGREEMENT (MOA) is entered into this ~I~day
of 0er?+-ern b.e-Y" , 1993, pursuant to the Endangered Species Act, 16
U.S.C. S 1531 et seq., the Fish and Wildlife Coordination Act, 16
U.S.C. S 661 et seq., and Title 37, Article 60 of the Colorado Revised
Statutes (1990), between the United States Department of the Interior,
Fish and Wildlife Service, and the Colorado Water Conservation Board,
an agency of the State of Colorado. Hereinafter, the parties shall be
referred to respectively as the "Service" and the "Board."

EXPLANATORY RECITALS

WHEREAS, under the Endangered Species Act, the Service is re-
sponsible for the protection and recovery of threatened and endangered
species, including four endangered fish species in the Upper Colorado
River Basin; and

WHEREAS, section 7 of the Endangered Species Act, 16 U.S.C. S
1536, requires the Service to consult with other federal agencies to
insure that any action authorized, funded, or carried out by such
agencies is not likely to jeopardize the continued existence of any
endangered or threatened species or result in the destruction or ad-
verse modification of critical habitat of such species; and

WHEREAS, section 2 of the Endangered Species Act, 16 U.S.C. S
1531(c)(2), declares that it is the policy of Congress for federal
agencies to cooperate with state and local agencies to resolve water
resource issues in concert with conservation of endangered species;
and

WHEREAS, the upper Colorado River Basin states, including the
state of Colorado, playa key role in determining how the river
system's water resources are developed and have a corresponding inter-
est in legal requirements that could constrain water resource develop-
ment; and

WHEREAS, the states, including the State of Colorado, histori-
cally have been responsible for managing resident fish and wildlife
resources, including threatened or endangered species that occur
within their territories (see, e.g., S 33-2-102, C.R.S.; Cooperative
Agreement Between U.S. Dept. of Interior, FiSh and Wildlife Service,
and Colorado Dept. of Natural Resources, Div. of Wildlife, for Conser-
vation of Endangered and Threatened Fish or Wildlife (1976)); and

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