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<br />~ <br /> <br />MEMORANDUM OF AGREEMENT <br />BETWEEN THE UNITED STATES DEPARTMENT OF THE INTERIOR <br />FISH AND WILDLIFE SERVICE AND <br />THE COLORADO WATER CONSERVATION BOARD <br />CONCERNING THE ENFORCEMENT AND PROTECTION <br />OF WATER AND WATER RIGHTS <br /> <br />THIS MEMORANDUM OF AGREEMENT (MOA) is entered into this ~day <br />of Se~+ernb~, 1993, pursuant to the Endangered Species Act, 16 <br />U.S.C. S 1531 et seq., the Fish and Wildlife Coordination Act, 16 <br />U.S.C. S 66l et seq., and Title 37, Article 60 of the Colorado Revised <br />Statutes (1990), between the United States Department of the Interior, <br />Fi~h and Wildlife Service, and the Colorado Water Conservation Board, <br />an agency of the State of Colorado. Hereinafter, the parties shall be <br />referred to respectively as the "Service" and the "Board." <br /> <br />EXPLANATORY RECITALS <br /> <br />WHEREAS, under the Endangered Species Act, the Service is re- . <br />sponsible for the protection and recovery of threatened and endangered <br />species, including four endangered fish species in the Upper Colorado <br />River Basinl and <br /> <br />WHEREAS, section 7 of the Endangered Species Act, l6 U.S.C. S <br />1536, requires the Service to consult with other federal agencies to <br />insure that any action authorized, funded, or carried out by such <br />agencies is not likely to jeopardize the continued existence of any <br />endangered or threatened species or result in the destruction or ad- <br />verse modification of critical habitat of such speciesl and <br /> <br />WHEREAS, section 2 of the Endangered Species Act, 16 U.S.C. S <br />l531(c)(2), declares that it is the policy of Congress for federal <br />agencies to cooperate with state and local agencies to resolve water <br />resource issues in concert with conservation of endangered speciesl <br />and <br /> <br />WHEREAS, the Upper Colorado River Basin states, including the <br />State of Colorado, playa key role in determining how the river <br />system's water resources are developed and have a corresponding inter- <br />est in legal requirements that could constrain water resource develop- <br />mentl and <br /> <br />WHEREAS, the states, including the State of Colorado, histori- <br />cally have been responsible for managing resident fish and wildlife <br />resources, including threatened or endangered species that occur <br />within their territories (see, e.g., S 33-2-l02, C.R.S.l Cooperative <br />Agreement Between U.S. Dept. of Interior, Fish and Wildlife Service, <br />and Colorado Dept. of Natural Resources, Div. of Wildlife, for Conser- <br />vation of Endangered and Threatened Fish or wildlife (1976))1 and <br />