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<br />. <br /> <br />. <br /> <br />. <br /> <br />b. The United States, acting through the Secretary of the <br />Interior, has removed the listed species in the upper Colorado River <br />Basin from the endangered or threatened species list and determined <br />that the instream flows that are the subject of this MOA are no longer <br />needed to prevent the species from being relisted under the Endangered <br />Species Act; or <br /> <br />c. The united States, acting through the Secretary of the <br />Interior, has determined that the instream flows that are the subject <br />of this MOA are no longer needed to recover or offset the likelihood <br />of jeopardy to the listed species in the Upper Colorado River Basin; <br />or <br /> <br />d. The Implementation Program has been terminated and the <br />Service, in section 7 consultations, has not relied or is not relying <br />on the appropriations and acquisitions made by the Board; or <br /> <br />e. The Service is not complying with paragraph 6 of this <br />agreement and (1) Colorado has withdrawn from the Cooperative Agree- <br />ment for Recovery Implementation Program for Endangered Species in the <br />Upper Colorado River Basin or (2) the Implementation Program has been <br />terminated. <br /> <br />ENFORCEMENT AND PROTECTION OF <br />ENDANGERED FISH SPECIES' INSTREAM FLOWS <br /> <br />3. This agreement shall apply to, and only to, water rights, <br />water, or interests in water appropriated or acquired by the Board <br />pursuant to the Implementation Program to preserve the natural envi- <br />ronment within a particular stream reach for the benefit of the listed <br />species in the Upper Colorado River basin. The Board shall make a <br />finding that that is the purpose of every appropriation or acquisition <br />which is for the benefit of the listed species and that this MOA will <br />apply to it. The Board shall provide notice of such findings to the <br />Service in the form of either a written resolution or a transcript of <br />all motions and votes by the Board concerning the appropriation or ac- <br />quisition. The Board shall exercise, enforce, and protect such water <br />rights, water, or interests in water in the following manner: <br /> <br />a. The Board shall take such action under state law, in- <br />cluding requesting administration by the State Engineer and the appr,o- <br />priate division engineer and initiating water court proceedings, as <br />may be necessary to fully exercise its water rights or to obtain de- <br />livery of acquired water or interests in water. Such water shall be <br />protected within the entire stream reach for which the appropriation <br />or acquisition is made. <br /> <br />b. The Board shall protect its water rights by filing a <br /> <br />-5- <br /> <br />