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<br />Memo to Colorado Water Conservation Board Members <br />From Peter Evans and E.!. Jencsok <br />Date: December 5, 1995 <br />Re: Endangered Fish Instream Water Rights for the Yampa River <br />Page 10 <br /> <br />C. The decrees in these cases will provide that these rights shall be unenforceable or <br />terminated if anyone of the following occur: <br />I. The Enforcement Agreement is terminated pursuant to Paragraph 2 of that <br />Agreement; <br />2. There is Federal legislation or regulatory action which negates the need to <br />protect flows for the benefit of the listed species in the Yampa; <br />3. There is a final determination by a court of competent jurisdiction that the <br />rights are no longer required for the listed species in the Yampa; or <br />4. Written concurrence has been obtained from the Service or other appropriate <br />agencies or entities that the decrees entered are no longer necessary for the <br />listed species in the Yampa River. <br />D. The appropriations shall be administered as 1995 water rights, and shall not be the <br />basis for objecting to future changes or exchanges unless such changes or exchanges <br />would cause injury. <br /> <br />VII. Direction to the Attorney General <br />The Attorney General is directed to fIle two separate water right applications on the <br />Yampa River in accord with this resolution and the Board's Instream Flow Rules and <br />Regulations by December 31,1995. <br /> <br />w:\wctrans\boardmem\l b.dec <br />