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<br />. <br /> <br />The BLM recognizes and respects the authority of the State to allocate water <br />available for appropriation and respects valid water rights that are granted, exercised <br />and managed in accordance with state law. The State recognizes and respects the <br />authority of the BLM to approve and manage rights-of-way for water infrastructure <br />located on BLM lands and also recognizes water rights adjudicated to the BLM. <br />BLM will administer rights-of-ways for water infrastructure on BLM lands to prevent <br />impacts on the exercise of water rights while still meeting the requirements of federal <br />laws and regulations. <br /> <br />In cases where federal laws and regulations require BLM to consider new manage- <br />ment prescriptions for existing structures in a way that could impact the exercise of <br />water rights, BLM, DNR and CWCB agree to explore innovative ways to assure <br />continued operation of the water use facilities and undiminished historic use of water. <br />For new water facilities on BLM lands, BLM will seek to engage water users early in <br />the permitting process to jointly develop terms and conditions that will meet and <br />protect the water user's water rights and objectives while still meeting the <br />requirements of federal laws and regulations. <br /> <br />C. THE BLM, THE DNR AND THE CWCB: <br /> <br />. <br /> <br />1. Agree to respect both federal and state laws and regulations. The DNR is <br />responsible for the allocation of water available for appropriation, the CWCB <br />is responsible for water policy and planning and the administration of the <br />State's Stream and Lake Protection Program and has the exclusive authority to <br />hold instream flow water rights under Colorado law, and the BLM is <br />responsible for managing water resources on BLM lands. The BLM, the DNR <br />and the CWCB will seek to integrate federal and state responsibilities into our <br />mutual decision making processes under this MOD. <br /> <br />2. Agree to explore innovate ways to assure continued operation of water use <br />facilities on BLM lands and undiminished historic use of water while <br />protecting aquatic resources and to seek opportunities to further develop the <br />collaborative relationship between the agencies. In this spirit, the parties will <br />continue to cornmit staff and resources to this effort, with a focus on <br />flexibility and opportunity. <br /> <br />3. Agree that conflicts are best avoided by careful advance planning and a <br />spirit of cooperation. The parties agree that when conflicts arise, they should <br />be resolved by federal and state authorities working together in cooperation <br />with water right holders and where appropriate, tribal and local governments <br />and other interested parties. <br /> <br />. <br /> <br />4. Agree that BLM's Resource Management Plans (RMPs) are a critical tool <br />for long term planning and decision making. The parties agree to continue to <br />work together during RMP revision and implementation to identify and <br />address issues in advance that could be significant factors in the reauthorize- <br />tion process for water facilities, and to recognize and plan for the continued <br />exercise of these non-federal water rights as a valuable resource benefit of <br />BLM lands. <br />