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<br />. <br /> <br />7. When BLM receives land use authorization applications for <br />significant new stream diversions on BLM lands, BLM will notify the <br />CWCB as early as possible to create a coordinated approach on <br />instream flow protection. <br /> <br />8. When CWCB is considering funding a water development project <br />that would be located upon BLM lands or would significantly affect <br />streams crossing BLM lands, CWCB will notify BLM as early as <br />possible to coordinate land use, permitting, and instream flow issues. <br /> <br />9. The parties agree to share information and data to further <br />understanding of water needs on BLM lands, and to protect these <br />resources consistent with state and federal law. <br /> <br />10. The parties agree to maintain, protect, and restore watersheds as <br />appropriate through cooperative adaptive management. <br /> <br />D. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE <br />PARTIES THAT: <br /> <br />1. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to <br />the BLM under this instrument is subject to the Freedom ofInformation Act (5 <br />U.S.C. 552). <br /> <br />. <br /> <br />2. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way <br />restricts the parties from participating in similar activities with other public or <br />private agencies, organizations, and individuals. <br /> <br />3. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU takes <br />effect upon the signature of the BLM, the DNR and the CWCB, and shall remain <br />in effect for five years from the date of execution. This MOU may be extended or <br />amended upon written request of either the BLM, the CWCB or the DNR and the <br />subsequent written concurrence of the other(s). Either the BLM, the CWCB or <br />the DNR may terminate this MOU with a 60-day written notice to the other(s). <br /> <br />4. RESPONSIBILITIES AND LEGAL AUTHORITIES OF PARTIES. The <br />BLM, the DNR and the CWCB and their respective agencies and offices will <br />handle their own activities and utilize their own resources, including the <br />expenditure of their own funds in pursuing these objectives. Each party will carry <br />out its separate activities in a coordinated and mutually beneficial manner, <br />consistent with its legal obligations. Each party reserves the right to consult with <br />its respective legal counsel at any time during the implementation of this MOO to <br />assure that it has the legal authority to undertake any activity provided for in this <br />MOO, including the provisions contained in Section C. <br /> <br />. <br />