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, . . . . ;; AITACHMENT 2 DRAFT - 02/04/98 MEMORANDUM OF AGREEMENT This Memorandum of Agreement is made this day of 1998 by and between the COLORADO RIVER WATER CONSERVATION DISTRICT acting by and through its Colorado River Water Projects Enterprise (hereinafter referred to as the "District"), a political subdivision of the State of Colorado, and the COLORADO WATER CONSERV A nON BOARD (hereinafter referred to as the "Board"), an agency of the State of Colorado. ExplanatOlY Recitals 1. The District has constructed Wolford Mountain Reservoir (the "Reservoir'') on Muddy Creek, which flows into the Colorado River near Kremmling, Colorado, to implement agreements concerning and providing for the beneficial use of water in Colorado. 2, The District owns decreed rights to store water in and release water from the Reservoir for various beneficial uses, which rights are evidenced by: a. The Decree entered November 20, 1989 by the District Court in and for Colorado Water Division No.5 ("Water Court") in Case No. 87CW283; b. - The Decree entered April 2, 1996 by the Water Court in Case No. 95CW251 which made the rights decreed in Case No. 87CW283 partially absolute for - recreational and piscatorial uses; and "-- ,......1 ,1/ c. The Decree entered August 26, 1997 by the Water Court in Case No. - 95CW281. 3, Pursuant to section 7 of the Endangered Species Act, the U.S. Fish and Wildlife Service (the "Service") consulted with the Bureau of Reclamation regarding the impacts of the operation of the Reservoir on four endangered Colorado River fish species. Based on the resultin!;\ ':J lJ biological opinion, the District and the Service entered into a Memorandum of Understanding (the\V iJ U "MOU"), a copy of which is attached as Exhibit 1, concerning the delivery of water from W olfo~ '), ,}- Mountain Reservoir to the so-called" l5-Mile Reach." / ;T (Y r./~ J lr c/-