ISFAPP00826

• Case Number: 92CW0286
• Stream Name: Colorado River (15 mile reach)
• Watershed: Colorado River
• Water Division: 5
• Water District: 72
• County: Mesa
• Instream Flow App - Doc Type: Final Decree/Stipulations

releases, bypass flow conditions, or other federally required
measures included in such reasonable and prudent alternative for
the project shall not render the Decree herein unenforceable.

D, The CWCB, in consultation with the USFWS, shall
d~:~rmine whether the flow requirements of fishes listed or
critical habitat designated in the future could reasonably be
incorporated into the Recovery Program, based on the adequacy of
water and funding available to meet the flow requirements of the
new listing or designation, The parties shall make good faith
efforts to incorporate such species or nabitat into the Recovery
Program,

E. As used herein, the term "owner or operator" shall
include the contract repayment entity or entities for a Bureau of
Reclamation project,

F, As used herein, the term "listed" shall include
fishes listed as either threatened or endangered.

16, In addition to the reasons set forth in paragraphs 14
and 15 above, the instream flow right adjudicated herein shall be
unenforceable if anyone of the following occurs:

A, the MOA is terminated pursuant to paragraph 2 of that
Agreement;

B, there is a final determination by a court of competent
jurisdiction that the right adjudicated herein is no
longer required for endangered Colorado River fish
species in the IS-Mile Reach;

C, written concurrence has been obtained from the USFWS
that the Decree entered herein is no longer necessary
for endangered Colorado River fish species in the IS-
Mile Reachi or

D, there is federal legislation or federal regulatory
action which negates the need for flows for the benefit
of the endangered Colorado River fish species in the
IS -Mile Reach,

17, Prior to exercising a call of the instream flow right
decreed herein, the CWCS agrees to confer with the USFWS
concerning the coordination of delivery of water stored, pursuant
to contract or otherwise, by or for the benefit of the CWCB,
which water can be released for the benefit of the endangered
fish in the IS-Mile Reach, Any request for the release of such
water prior to the exercise of a call of the instream flow right
shall be within the sole discretion of the CWCB, consistent with
the Recovery Program, the MOA, and the Section 7 Agreement.

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