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<br />< <br /> <br />WHEREAS, one element of the Implementation Program, S 4.l, <br />involves identifying the endangered fish species' flow requirements <br />and acquiring or appropriating water or water rights to provide those <br />flows in a manner consistent with all state laws; and <br /> <br />WHEREAS, S 4.1.3.c.l of the Implementation Program specifically <br />states: <br /> <br />ADMINISTRATION OF INSTREAM FLOWS IN COLORADO: <br />The State of Colorado has in place a law that <br />allows for the appropriation and acquisition of <br />water rights to preserve the natural environment <br />to a reasonable degree [Colo. Rev. Stat. <br />37-92-102(3)]. Instream flows for stream seg- <br />ments within the State of Colorado, including <br />those supplied by Ruedi and Blue Mesa Reservoirs <br />for instream purposes, will be appropriated and <br />acquired by the Colorado Water Conservation <br />Board pursuant to the procedural and substantive <br />requirements of State law. The Secretary will <br />recommend the appropriation and acquisition of <br />instream flow water rights, and the ways and <br />means of doing so, to the Colorado Water Conser- <br />vation Board. <br /> <br />It is anticipated that the Secretary and the <br />Board will execute an agreement to better define <br />their respective responsibilities under this <br />program. Such an agreement will provide that <br />the Secretary and the Board will work together <br />in good faith to carry out the terms of this <br />program. <br /> <br />and <br /> <br />WHEREAS, the Service is relying upon the Board to appropriate, <br />acquire, and enforce instream flow water rights for the listed species <br />under state law; and <br /> <br />WHEREAS, the Service has agreed to install and maintain any <br />gauges or other measuring or recording devices, including remote read- <br />out devices (~, satellite monitoring equipment), necessary for the <br />State Engineer to administer instream flows appropriated or acquired <br />by the Board to benefit the listed species; and <br /> <br />WHEREAS, the Service has agreed that any appropriation of water <br />rights or acquisition of water, water rights, or interests in water by <br />the Board for the benefit of the listed species shall be considered in <br /> <br />-3- <br />