BOARD02105

• Board Meeting Date: 5/23/2005
• Description: ISF Section - MOA Between the Eagle River Water & Sanitation District and the Colorado Department of Natural Resources
• Board Meetings - Doc Type: Memo

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3, District Commitments, The District shall continue to provide annually the other
2,500 pounds of catchable rainbow trout to Black Lakes No, I on behalf of the Division of
Wildlife, All stocked fish will be from hatcheries sources that have valid fish health inspections,
comply with Colorado Fish Health Regulation and are certified Whirling Disease negative, In
addition, the District agrees to assume full responsibility for the structural integrity, maintenance,
and operation of facilities constructed by the District at the Black Lakes,

4, Reports of Operations, The District shall prepare an annual report on the
operations of Black Lakes and provide copies of the report to the CDOW and the CWCB, At the
end of each water year, the District will review its operations and make refinements as necessary,
Any changes in the operating plan or principles will be reported to the CDOW and CWCB for
their review and comment.

5, Water Court Applications, The District acknowledges that the CWCB and
CDOW may file Statements of Opposition to any water court application filed by the District in
connection with this Agreement in order to support the implementation of this Agreement and
(2) to any water court application related to Black Lakes that involves issues other than the
implementation of this MOA, to ensure protection of the Board's instream flow water rights on
Black Gore Creek and Gore Creek,

6, Controlling Agreement. To the extent there is any inconsistency between the
terms of this Agreement and the 1986 MOA, the terms of this Agreement shall control. The
1990 MOA has expired and is of no further force and effect.

7, Mutual Cooperation, The parties shall mutually cooperate to implement the tenus
of this Agreement. The Department shall support any permit application sought by the District
to construct the Second Enlargement and use the 300 AF as provided for herein,

Executed as of the date first set forth above,

EAGLERlVER WATER&SANITATIONDISTRlCT

By:

COLORADO DEPARTMENT OF NATURAL
RESOURCES, acting on behalf of the CDOW and the
CWCB

By: