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5 3. The River District will be responsible for delivering the 3,000 acre-feet of water described in paragraph 1 to the head of the IS-mile reach and prior to the initial filling of the reservoir will mak.e the necessary arrangements, including arrangements with the State water administrative officials for delivery of the water. For the purposes of this MOU, deliveries made under the radial gate at the Orchard Mesa check. structure are considered deliveries to the head of the IS-mile reach. 4. The 3,000 acre-feet will be made available to provide instream flows for the rare Colorado River fishes in the IS-mile reach. It is anticipated that protection of flows through the IS-mile reach will be accomplished by the Colorado Water Conservation Board (Board). The River District will actively support any method agreed to by the Service and Board to protect instream flows. If the River District can develop and implement another method to protect the 3,000 acre-feet flow through the 15-mile reach, then this alternative method may, with the Service's concurrence, substitute for the method being advocated/utilized by the Board. In the event that the 3,000 acre-feet is not legally protected in the 15-mile reach by the Board or alternate River District method acceptable to the Service, within 6 years of the date of execution of this agreement, the Service, in coordination with the River District, will develop an alternative method of legally protecting the Muddy Creek. releases within the 15-mile reach. 5. If, at any time during the term of the MOU, the River District acquires an alternate source of water, the River District, with the Service's concurrence, can substitute such water for water from Muddy Creek Reservoir. V. Termination 1. This MOU is intended to provide an interim source of water and is credited to Muddy Creek. Reservoir until such time as the Recovery Program acquires a more permanent source of water as set forth below. Ouring the time that this MOU remains in effect, the Service will not use water credited to Muddy Creek Reservoir to offset the depletion impacts of projects other than Muddy Creek Reservoir. The first water acquired under the Recovery Program for use in the 15-mile reach will be used to relieve the River District of its commitment under this MOU. If the Service acquires an amount of water that is equivalent to that supplied by Muddy Creek Reservoir for the period from July 15 to October 15 (exclusive of the 10,000 acre-feet of Ruedi/Green Mountain release pursuant to the Ruedi/Green Mountain Biological Opinion dated June 15, 1987) for the IS-mile reach of the Colorado River through the Recovery Program, this MOU will be tenoinated and the River District will be free to use the 3,000 acre-feet discussed in paragraph IV.1.b. for River District 'purposes.