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<br />. . <br /> <br />5 <br /> <br />3. The River listrlct will be responsible for delivering the 3,000 acre-feet <br />of water described in paragraph 1 to the head of the 15-mile reach and <br />prior to Ut initial filling of the reservoir will make the necessary <br />arrangeme~, including arrangements with the State water administrative <br />officials for delivery of the water. For the purposes of this MOU, <br />del iveries IIiIde under the radial gate at the Orchard Mesa check structure <br />are considered deliveries to the head of the IS-mile reach. <br /> <br />4. The 3,000 iCre-feet will be made available to provide instream flows for <br />the rare Colorado River fishes in the IS-mile reach. It is anticipated <br />that protection of flows through the IS-mile reach will be accOllij)1ished by <br />the Color~ Vater Conservation Board (Board). The River District will <br />actively ~rt any method agreed to by the Service and Board to protect <br />instre~ fikMs. If the River District can develop and implement another <br />method to protect the 3,000 acre-feet flow through the 15-mile reach, then <br />this alteraative method may, with the Service's concurrence, substitute for <br />the method lleing advocated/uti 1 ized by the Board. In the event that the <br />3,000 acre-feet is not legally protected in the 15-mile reach by the Board <br />or alternate River District method acceptable to the Service, within <br />6 years of the date of execution of this agreement, the Service, in <br />coordinati(Jt with the River District, will develop an alternative method of <br />legally protectillg the Muddy Creek releases within the 15-mi le reach. <br /> <br />5. If, at any time during the term of the MOU, the River District acquires an <br />alternate ~rce of water, the River District, with the Service's <br />concurrence. can substitute such water for water from MUddy Creek <br />Reservoi r. <br /> <br />V. Termination <br /> <br />1. This MOO is intended to provide an interim source of water and is credited <br />to Muddy Crrek Reservoi r until such time as the Recovery Program aCQui res a <br />more pennaneat source of water as set forth below. During the time that <br />this MOU r~ins in effect, the Service will not use water credited to <br />Muddy Creek leservoir to offset the depletion impacts of projects other <br />than Muddy creek Reservoi r. The fi rst water aCQui red under the Recovery <br />Program for lISe in the 15-mi 1 e reach wi II be used to reI i eve the Ri ver <br />District ofit5 comnitment under this MOU. If the Service acquires an <br />amount of !liter that is equivalent to that supplied by MUddy Creek <br />Reservoir fer the period from July 15 to October 15 (eXClusive of the <br />10,000 acre-feet of RuedilGreen Mountain release pursuant to the <br />Ruedi/Green Ibmtaln Biological Opinion dated June 15, 1987> for the <br />IS-mile react of the Colorado River through the Recovery Program, this <br />MOU willlle ""inated and the River District will be free to use the <br />3,000 acre-Ret discussed in paragraph IV.l.b. for River District purposes. <br />