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<br />. <br /> <br />. <br /> <br /> <br />. <br /> <br />avoid the likelihood of jeopardy from existing and new water projects. <br />Should the Implementation Program be terminated for any reason whatso- <br />ever, the Service, in consulting under section 7, agrees to continue <br />to consider such appropriations and acquisitions made by the Board fpr <br />the benefit of the listed species to function as a reasonable and pru:'" <br />dent alternative to avoid the likelihood of jeopardy from existing and <br />new water development. <br /> <br />,-, <br />.:1 <br />,I <br /> <br />{5i <br /> <br />,01 <br />.'-'1 <br />~i <br />I <br /> <br />7. The terms of this MOA shall be enforceable by either party <br />in an action for specific performance in a court of competent juris~ <br />diction. <br /> <br />a. This MOA does not authorize the Service or any other <br />person, entity, or governmental agency to assert the Board's rights or <br />interests in any judicial or administrative proceeding. <br /> <br />b. This MOA shall not create any third party beneficiar- <br />ies and shall not be enforceable by anyone other than the Service and <br />the Board. <br /> <br />c. Before commencing an action to enforce this MOA, the <br />party alleging violation shall notify the other party in writing of <br />the alleged violation and the parties shall make a good faith effort <br />to resolve their differences through informal discussions. <br /> <br />8. This MOA shall apply to all instream flow appropriations and <br />acquisitions by the Board for the benefit of the listed species in the <br />Upper Colorado River basin; provided, however, that the parties con- <br />template that, pursuant to S 37-92-102(3), C.R.S., they may enter into <br />separate agreements with respect to any water, water rights, or inter- <br />ests in water which the Board may acquire from the United States, in- <br />cluding any of its agencies, in which case the terms and conditions of <br />such agreements will control. <br /> <br /> <br />9. This agreement does not waive any rights of either the Ser- <br />vice or the Board except as expressly provided herein. <br /> <br />NOTICES <br /> <br />10. Any notice, demand, or request authorized or required by <br />this MOA shall be deemed to have been given on behalf of the Board <br />when mailed, postage prepaid, or delivered to the Regional Director of <br />the Fish and Wildlife Service, P.O. Box 25486, Denver, Colorado 80225, <br />and on behalf of the Service, when mailed, postage prepaid, or deliv- <br />ered to the Director of the Colorado Water Conservation Board, 721 <br />State Centennial Building, 1313 Sherman Street, Denver, Colorado <br />80203. The designation of the addressee or the address may be changed <br />by notice given in the same manner as provided for other notices. <br /> <br />-7- <br /> <br />.,:-"--,."..",_.", <br /> <br /> <br />>.--~-"",-- <br />