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RESOLUTION <br />At a regular meeting on Novemberl7, 2004 the Colorado Water Conservation Board considered Final Action on <br />Agenda Item 24, entitled "Stream and Lake Protection/ Water Supply Protection - Elkhead Reservoir <br />Enlargement Water Acquisition". <br />A motion was made by Director Tom Sharp with a second by Director John Redifer to approve staffs <br />recommendation, including that the Board make the following specific findings: <br />1) Determine that the acquired water rights should be utilized to preserve or improve the natural <br />environment in the Critical Habitat Reach of the Yampa River for the benefit of the listed fish species in <br />the Upper Colorado River Basin, in accordance with the provisions of the Acquisition Agreement. <br />2) Make a specific finding, pursuant to Paragraph 3 of the `~Viemorandum of Agreement Between the United <br />States Department of the Interior Fish and Wildlife Service and the Colorado Water Conservation Board <br />Concerning the Enforcement and Protection of Water and Water Rights" dated September 1993 (Exhibit <br />A to the Acquisition Agreement), that the purpose of this water acquisition is for the benefit of the listed <br />species in the Upper Colorado River Basin and that the 1993 MOA will apply to this acquisition. <br />3) Conclude that the proposed acquisition of water rights is appropriate to preserve or improve the natural <br />environment in the Critical Habitat Reach of the Yampa River for the benefit of the listed fish species in <br />the Upper Colorado River Basin. <br />4) Approve the attached Acquisition Agreement between Reclamation, the River District, the Service and <br />the CWCB contingent upon <br />a. Satisfactory completion of the NEPA process for the Elkhead Reservoir enlargement, including <br />the accompanying Yampa River Programmatic Biological Opinion, and, <br />b. Satisfactory resolution of the indemnification language issue with the Solicitor's Office. <br />5) Acquire the proffered water rights pursuant to the terms of the Acquisition Agreement and subject to the <br />conditions of paragraph 4 above. <br />The motion was approved 9-0. Russell George was not present <br />I hereby certify that this is a true and correct record of the actions of the Colorado Water Conservation Board. <br />Signed this 22~ day of November, 2004. <br />~_~ _- <br />Cathee zai <br />~~rt~aDireor, Deputy Direc or Coordinator /Public Information Officer <br />-- _ ~ ~ -~a <br />Niy Com~sion ezpires August 3, 2007 <br />