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<br />. <br /> <br />. <br /> <br />MEMORANDUM OF AGREEMENT REGARDING THE <br />MANAGEMENT OF INSTREAM USES OF WATER <br />RELEASED FROM STORAGE AT STEAMBOAT LAKE <br /> <br />~ This M~dum of Agreement (MOA) is entered into this <br />~ day of , 1994, by and between the Colorado Division <br />Parks and Outd or Recreation ("Parks") and the Colorado Water <br />conservation Board, ("CWCB"). <br /> <br />of <br /> <br />1. Background - Case No. 93CW16 <br /> <br />Parks has filed a change application, Case ,No. 93CW16, to <br />add as a place of use for the 3,300 acre feet of water stored at <br />steamboat Lake a reach of the Yampa River. The reach's upstream <br />terminus is the confluence of Dry Creek and the Yampa River and <br />its downstream terminus is the present eastern boundary of Dino- <br />saur National Monument. Parks is currently negotiating a lease <br />agreement with the Recovery Implementation Program for Endangered <br />Fish species in the Upper Colorado River Basin ("Recovery Pro- <br />gram") to use the water in the recovery of the endangered Colora- <br />do squawfish and razorback sucker in the Yampa River. <br /> <br />'Po <br /> <br />Since 1988, the state of Colorado has been an active par- <br />ticipant in the Recovery Program. The goals of the Recovery Pro- <br />gram include full recovery of four endangered fish species while <br />allowing water development to proceed in accordance with inter- <br />state compacts and other state and federal laws. The state of <br />Colorado has benefited in many ways through its participation in <br />the Recovery Program. At the same time, the state of Colorado <br />accepts a substantial responsibility for the success of Recovery <br />Program efforts to restore and protect the habitat and popula- <br />tions of the endangered species. <br /> <br />Among the benefits to the state of Colorado that the Recov- <br />ery Program affords is the opportunity to integrate the implemen- <br />tation of national environmental commitments with the protection <br />of existing water rights. The federal government has agreed to <br />rely upon state law for the protection of instream flows needed <br />to recover the endangered fish species. The Recovery Program <br />participants are relying upon the CWCB's exercise of its authori- <br />ties to establish and protect instream flow water rights as an <br />important component of the recovery efforts. <br /> <br />Colorado's instream flow law contains important provisions <br />to protect the opportunities available to the people of the state <br />of Colorado to make beneficial use of those waters available by <br />law and interstate compact. section 37-92-102(3), C.R.S.,(1990). <br /> <br />